Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
APRIL 6, 2010

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on April 6, 2010, at 7951 Rose in the Council Chambers.

Ms. Kreft opened the meeting at 6:30 p.m.

Members Present: Chair James Donadio III, Commissioners: Jeffrey Loeschen, Grant Peterson, Michelle Siegert and Tom Vogt.

Members Absent: None.

Others Present: Community Development Director, Holly Kreft; Councilmember Kim Roden and others.

Ms. Kreft administered the oath of office for Michelle Siegert and Jeffrey Loeschen.

a. Chair
b. Vice-Chair

A motion was made by Vogt, seconded by Peterson, to nominate James Donadio as Planning Commission Chair. Vote: 5 Ayes, 0 Nays. Motion Carried.

A motion was made by Peterson, seconded by Donadio, to nominate Tom Vogt as Planning Commission Vice-Chair. Vote: 5 Ayes, 0 Nays. Motion Carried.

A motion was made by Siegert, seconded by Vogt, to adopt the agenda. Vote: 5 Ayes, 0 Nays. Motion Carried.

#4 APPROVAL OF MINUTES:

A. Minutes of the March 2, 2010 Planning Commission Meeting.

A motion was made by Vogt, seconded by Peterson, to adopt the minutes. Vote: 5 Ayes, 0 Nays. Motion Carried.

B. Review Minutes of the February 22, 2010 City Council Meeting.

The above minutes were reviewed.

C. Review Minutes of the March 8, 2010 City Council Meeting.

The above minutes were reviewed.
 

A. Review Request for a Variance for Peter and Jennifer Boorsma for Property located at 960 78^th Street.

Ms. Kreft said this is a variance request for a rear yard setback. She noted the aerial photo of the site is included in the packet. She explained the Boorsma’s are proposing to add to the north end of the house. Ms. Kreft stated the property is currently zoned agricultural. She said the house is currently setback approximately 71 feet. She stated that in the future this area will be rezoned to multi-family residential and upon that time it will be a conforming structure and the setback will be 35 feet.

Ms. Kreft stated staff has found that the request is reasonable because the existing home was originally constructed in 1900 prior to any zoning ordinances. She said there is not another location on the site that would reasonably permit this addition.

Ms. Kreft said staff is recommending approval with the conditions noted.

Ms. Kreft noted this is a one acre lot. She showed a drawing of the existing site. She said there is an existing detached garage accessory structure located on the site.

Commissioner Siegert asked if the existing detached garage would remain an accessory structure. Ms. Kreft responded yes.

Commissioner Siegert asked if the property to the north is all owned by one landowner. Ms. Kreft said it is all owned by one landowner.

Commissioner Siegert asked if this site had septic or city sewer. Ms. Kreft said city sewer.

Commissioner Siegert asked if the land to the east is developable. Ms. Kreft said the 40 acres minus the 1 acre is developable.

Chair Donadio asked if in the future the current accessory structure detached garage would fall in to a conforming use. Ms. Kreft said no, it does not meet the setbacks. She said as long as they don’t add on it can remain a non-conforming structure.

Commissioner Vogt asked when the rezoning is expected to happen. Ms. Kreft said this summer after the zoning update.

Commissioner Loeschen referred to the second condition on the resolution and asked if that was supposed to be 35 feet. Ms. Kreft said the 53 feet is based on the site plan.

Chair Donadio opened the public hearing at 6:40 p.m.

Chair Donadio closed the public hearing at 6:40 p.m.

A motion was made by Siegert, seconded by Peterson, to approve Resolution 10-02; recommending Approval of a Variance for Peter and Jennifer Boorsma’s property. Vote: 5 Ayes, 0 Nays. Motion Carried.

Ms. Kreft noted that staff is recommending to open the public hearing but tabling any recommendations or actions on this request. She said the applicants submitted a design for the structure that staff has not agreed to.

Ms. Kreft explained this is a request for a public utility building located at 8399 Victoria Drive. She said the property is owned by Carver County. She noted the structure is proposed to be located on the eastern section of the site.

Ms. Kreft stated that this would be tabled until April 20^th.

Ms. Kreft said elevations of the building have been requested and those were not provided. She said they did provide photographs of other buildings. She showed the picture and noted this is what staff is finding not acceptable. Ms. Kreft stated that staff is recommending that they meet the design standards from other public buildings and the area be screened with landscaping.

Ms. Kreft explained that Jaguar Communications is the vendor and they need approval from Carver County.

Commissioner Peterson asked what the footprint is of the building. Ms. Kreft said the footprint is 16x21 with a height of 9.5 feet. She said one of the questions is if that is the minimal size. She noted they will not need an access to the site.

Commissioner Peterson asked about the land. Ms. Kreft said the land was purchased by the county as part of the County Road 18 plan.

Ms. Kreft stated the questions from staff to Jaguar or the county are: is this the only site in Victoria that has been looked at, is this ever going to be needed for future expansion of County Road18, can this structure be smaller and it needs to meet the design standards.

Commissioner Siegert asked what the dimensions are. Ms. Kreft said it is approximately 130 feet in depth and approximately 45 feet in width. She noted it is not a buildable lot.

Chair Donadio opened the public hearing at 6:48 p.m.

Steve Wanninger, 8410 Victoria Drive, requested that this application be denied. He stated this is a commercial project and should be in a commercial area not a residential area. He said Carver County should use some of their other properties that would be more suitable for this building.

Teresa Vogel, 8374 Victoria Drive, said she lives across the street. She stated the intersection doesn’t have room on that parcel and the building would obstruct vision for traffic. She said that intersection has lots of accidents. She stated this is unacceptable. Ms. Vogel said this is residential and zoned to be residential in 2030. She stated there has to be a better place to put this and it would be a traffic hazard. She said it should be put next to the telephone building.

Barb Wanninger, 8410 Victoria Drive, read something stated on Jaguar Communications website regarding the CEO growing up in the country and the inspiration. She said her inspiration is seeing some of those trees flower into spring. She stated that she recommends not approving this permit.

Dale Carroll, 8398 Victoria Drive, said he is not for putting something like the picture of the building that was shown in a residential area. He said in the future the land should be used for a turn off lane.

Chair Donadio left the public hearing open.

A motion was made by Vogt, seconded by Siegert, to continue this public hearing to April 20, 2010. Vote: 5 Ayes, 0 Nays. Motion Carried.
 

Ms. Kreft explained that she has broken this into two portions; one for developers and subdividers and the other is for homeowners. She said the ordinance was adopted in 1996 and was based on a model used in the City of Eden Prairie.

Ms. Kreft said she is recommending that the definitions again be moved to Article I so that all the definitions are within one section. She said she did remove the requirement of approval by City Council. Ms. Kreft stated that staff recommends an increase in cash in lieu of option from $100 to $200 per caliper inch. She said she also had the city’s arborist review the species list and make recommendations. She noted all the ash trees were removed.

Ms. Kreft said she will bring back any changes along with the second section which deals with homeowners to the next meeting.

Commissioner Siegert asked who the arborist is. Ms. Kreft said it is S&S Tree Service and the city has a contract with them. Commissioner Siegert asked how often they review the tree list. Ms. Kreft said at staff’s request or when there is an ordinance review.

Commissioner Vogt asked who actually does the inspection. Ms. Kreft said the arborist does the inspection. Commissioner Vogt asked about the administration of this process. Ms. Kreft said the administration is within the planning department and finance.

Commissioner Peterson asked where the cash goes to in the cash in lieu of option. Ms. Kreft said there is a tree fund to replace trees or add trees to park areas.

Commissioner Siegert questioned the three inch caliber trees and asked if it is the arborist’s viewpoint that one three inch tree is better than two, two and a half inch trees. Ms. Kreft said the arborist did not review the text he just reviewed the species list. She said this is part of the original language from 1996. She said she could have him review the text as well. Commissioner Siegert said she would like some justifications.

Commissioner Siegert commented on promoting diversity and the different habitats and said she likes recommended not required. Ms. Kreft said she will check the language for the homeowners section. She said the reason she is recommending this change for the subdividers has to do with boulevard trees. Commissioner Siegert said the concern about the boulevard trees could be noted.

Commissioner Loeschen asked if the $200 is the current pricing for the cost of the trees and installation. He said they want to encourage homeowners to do the replacement option as opposed to the cash option. Chair Donadio commented on having the right to deny the cash option. Commissioner Vogt asked if $200 is adequate or if it should be higher. Ms. Kreft said she can get some cost estimates.

Commissioner Siegert asked the removal of buck thorn is addressed. Ms. Kreft said no and that is a very large issue for the city. Commissioner Siegert suggested having tier system to encourage the removal of buck thorn or a credit for developers that remove buck thorn. Ms. Kreft said she will look at that. She said her concern is with the ongoing removal.

Commissioner Siegert said this needs to be understandable to the large and small landscaping contractors.

Commissioner Vogt asked if there is anything in the ordinance that refers to large scenic trees and possible preservation. Ms. Kreft said there is nothing specific but if a very large tree is removed that much in inches needs to be replaced.

Commissioner Siegert said there could be a tiered system with a favorite list and full credit and if something that is approved but not on the favorite list there could be 80% credit. She said this would allow people to put in what they want and not be inflexible.

Commissioner Peterson asked if there is communication to allow residents to know that they are under penalty. Ms. Kreft said no that is part of the concern.

Commissioner Peterson questioned the trees that were taken down for the sewer project. Ms. Kreft said this is not applied to right-of-ways.

Commissioner Vogt commented on the differentiation of how long it takes some trees to grow. Chair Donadio said there should be an incentive to preserve them and a penalty if you take one. Commissioner Vogt said there should be some type of adjustment for trees that grow slowly.

Chair Donadio asked about a large stand of trees that provides buffers. Ms. Kreft said it depends on the density and if the tree is less than 8 inches is not considered a significant tree.

Commissioner Siegert commented on having flexibility. Commissioner Vogt said if there is going to be flexibility there has to be the ability to administer, inspect and oversee it.

Commissioner Peterson commented on having protective measures in developments and asked about paying for the replacement of a tree. Ms. Kreft said there is a warranty after the trees have been planted but it ends up being the homeowner’s responsibility.

Commissioner Peterson asked if the language still models Eden Prairie. Ms. Kreft said she believes so.

Chair Donadio asked if language could be put in that talks about trying to preserve areas adjacent to city parks and other public spaces. Ms. Kreft said that is usually best left to the site plan review because each property is unique.
 

Councilmember Roden shared her views of the Planning Commission’s role. She said she is a big believer in site visits. She also recommended training sessions with the League of City’s.

Chair Donadio asked about the term limits. Councilmember Roden said this is a growing community and there are a number of people who have different perspectives. She said this will encourage new talent to get involved. Councilmember Roden noted that members can apply again and this will get people who have served on committees to run for office.
 

Commissioner Siegert commented on the universal design meeting and said it is very important for Victoria when looking at senior housing. She said incentives should be looked at for developers who put in sustainable, long-term solutions in housing. She said the next step should be to have more workshops with developers.

Commissioner Vogt commented on the universal design meeting and said that was the first time he was formally presented with concept. He said it relates to different age groups and something should be done to encourage universal design.

Chair Donadio commented on the percentages and the role of the Planning Commission.

Commissioner Siegert talked about developing an award program for universal design.

Ms. Kreft said after the meeting she was approached by Hennepin Technical College and they are looking for a community to work with for carpentry degrees. She said there may be a way to incorporate universal design so there will be a model for builders to look at.
 

A motion was made by Siegert, seconded by Vogt, to adjourn the meeting at 7:45 p.m. Vote: 5 Ayes, 0 Nays. Motion carried.

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.