Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
JUNE 2, 2009

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on June 2, 2009, at 7951 Rose in the Council Chambers.

Chair Simanton opened the meeting at 6:30 p.m.

Members Present: Chair, Gordy Simanton; Commissioners: James Donadio III, Bud Hiivala, Grant Peterson and Tom Vogt.

Members Absent: None.

Others Present: Community Development Director, Holly Kreft; Mayor, Mary Hershberger Thun; and Tanya Schmieg, Recording Secretary.

A. Adopt Agenda

A motion was made by Hiivala, seconded by Donadio, to adopt the agenda as presented. Vote: 5 Ayes, 0 Nays. Motion Carried.
 

#2 APPROVAL OF MINUTES:

A. Minutes of the May 19, 2009 Planning Commission Meeting.

Commissioner Vogt added the following on page 3 the 3^rd paragraph regarding the two parts to the subdivision process: This terminology is misleading; the preliminary platting process provides the city with the most discretion and the greatest opportunity to make changes.

Commissioner Vogt added the following on page 3 the 6^th paragraph: Commissioner Vogt also commented that if all three criteria for a hardship were strictly applied the hardship would be shown very infrequently and variances would be granted infrequently.

A motion was made by Simanton, seconded by Vogt, to adopt the Minutes of the May 19, 2009 Planning Commission Meeting as corrected. Vote: 3 Ayes, 2 Abstain, 0 Nays. Motion Carried.

B. Review Minutes of the May 11, 2009 City Council Meeting.

The above minutes were reviewed.
 

None.
 

Ms. Kreft said that as a follow up from the last meeting staff thought it would be helpful to incorporate some changes to the agenda statements. She stated the first change is the Planning Commission would have a resolution. She noted by having a resolution it would help build the record. Commissioner Donadio asked if this would be done on all agenda statements. Ms. Kreft said anything that requires formal recommendation. Commissioner Hiivala asked what happens if the resolution is voted against. Ms. Kreft said that would be noted and referred to the sample resolution.

Ms. Kreft explained the next change is the revised agenda statements. She said zoning history, comprehensive plan and adequate public facilities ordinance would be added. Commissioner Donadio asked if there would be a formal outside review. Ms. Kreft said no, it would be internal review.

Ms. Kreft said that for the variance the findings would be outlined on the three factors; reasonable, unique and character. She stated conditional use findings would be tied into conditions required by the ordinance. There would also be any other unique conditions added that staff would recommend. She noted the review would be similar for plats.

Chair Simanton asked if the revisions came from Mr. Burkett’s presentation. Ms. Kreft said yes, from his presentation and another presentation that she attended.

Commissioner Donadio asked if it is common for the Planning Commission to put together resolutions. Ms. Kreft said it depends on the community but is not required by the statute.

Ms. Kreft said staff is continuing to work on the zoning ordinance and are half way through with about 41 pages of changes. She asked if the Planning Commission wanted to look at it in pieces or all together. Commissioner Hiivala said it is easier to do a little at a time.

Ms. Kreft explained that she has three definitions she is looking for direction on. The first is the current definition for bed and breakfast, which allows up to ten guest units. She said she thought the ten guest rooms were excessive.

Commissioner Hiivala asked if a variance would be needed to increase the rooms in a bed and breakfast. Ms. Kreft said an ordinance amendment would need to be done. Commissioner Donadio noted the next category would be a motel or hotel.

Commissioner Peterson said that typically bed and breakfasts are in residential areas and asked if there is less of a zoning restriction. Ms. Kreft said right now bed and breakfasts are only allowed in the central business district. Commissioner Vogt asked why there is a concern with the ten units if they aren’t allowed in the residential districts. Ms. Kreft said in a commercial district it probably wouldn’t be as big of an impact, but more the fine line between a motel and a bed and breakfast. Commissioner Vogt commented on traveling to other countries and said most bed and breakfasts have at least ten guest units.

Chair Simanton asked what the definition is for a motel and hotel. Ms. Kreft said there is a definition, but wasn’t sure on the number of units.

Commissioner Vogt said he could see limiting the guest rooms if the bed and breakfast was in a residential area.

Commissioner Donadio commented on other places, besides the central business district, there might be a request such as a farm that wants to convert to a bed and breakfast. Ms. Kreft said if there was a request to have a bed and breakfast in the ag district a zoning ordinance amendment could be done. Commissioner Donadio said he likes the idea of designation of dwelling on the premises.

Ms. Kreft said that second is the senior housing. She explained that all the definitions found include an age restriction of 60 years but there is no statutory requirement. She asked the Planning Commission what age they though was appropriate. Ms. Kreft referred to the existing definition on page 3 and said it includes some details that would be used as conditions within a conditional use permit. She noted there are different levels of senior housing.

Commissioner Peterson commented on different components when putting a definition to senior housing such as less dense parking.

Commissioner Donadio asked if senior housing developments would get grant aids or building assistance. Ms. Kreft said they could but that would not impact the definition. Chair Simanton asked if the city or state would give the developer any breaks. Ms. Kreft said there is specific funding for senior housing but it depends on the affordability. Chair Simanton clarified that would be the State’s responsibility.

Chair Simanton questioned who would police that residents are 60 or 55 years old. Commissioner Vogt said the Met Council give points for senior housing when doing evaluations. He stated that the senior housing should be less restrictive instead of more restrictive. Commissioner Vogt noted that when he was looking years ago the typical age was 55. Chair Simanton questioned what would happen if someone younger was living in the senior housing. He said he didn’t think there needed to be an age restriction. Commissioner Hiivala commented on creating a problem if the ordinance states 60 years old and a developer comes in and wants to build senior housing for 55 and above.

Ms. Kreft referred to pages 4, 5 and 6, which are definitions to be added that the city currently doesn’t have. She explained one of the big definitions they don’t have is building height. She noted there is one within the shoreland district. Ms. Kreft said the issue is with the definition of how you measure the height. She stated the proposed definition is the average of the highest and lowest points of grade to the height of the highest points of the flat roofs and the mean height for pitched roofs.

Chair Simanton asked who does the height measurement. Ms. Kreft said it would be the Building Department or Planning Department. Chair Simanton said it would be helpful to have something on who is going to administer the measurement. Commissioner Peterson said the individual could have a surveyor so it’s not city responsibility. The Planning Commission thought that was a good idea.

Commissioner Hiivala stated the mean measurement would be the best.

Commissioner Peterson commented on the mean of the grade and asked how that definition is determined. Ms. Kreft said that some cities have said that it is the lowest elevation plus ten feet, but the issue is if fill is brought in to raise the lowest grade.

Ms. Kreft clarified that the consensus of the Planning Commission is to use the mean measurement.

Ms. Kreft explained that for daycare facility the state statute is being proposed to be used. She said at the bottom of page 6 is the definition for family daycare. She noted that when home occupations are looked at, there would need to be a decision on whether to include daycare facilities as a conditional use permit or not.

Ms. Kreft said there are also some definitions that need to be filled in such as a fence.

Ms. Kreft talked about mini storage facility and said the City of Victoria does not allow any mini storage facilities. She noted that they are adding a definition and there will need to be a decision on whether to allow mini storage facilities. Chair Simanton asked if the reason the city doesn’t allow mini storage facilities is because there is no place for them in the current commercial district. Ms. Kreft said yes.

Ms. Kreft stated there are no definitions for nonconforming structures or uses. She said that standard language would be proposed to be used.

Ms. Kreft referred to outdoor storage on page 5 and said that is allowed as a conditional use permit in the central business district, but a definition is needed.

Ms. Kreft noted that on page 6 are some removals of definitions. She said they are also looking at the city code to make sure there aren’t definitions conflicting with the zoning ordinance.

Chair Simanton asked about wind generators. Ms. Kreft said that will be a separate section. section. Commissioner Donadio asked if solar panels will be added. Ms. Kreft said she will check on that.

Commissioner Vogt asked about cell towers. Ms. Kreft said a separate section will be created that covers accessory antennas and will include language on the cell towers and regulations. Commissioner Peterson clarified that when this is modified the conditions will still go with it. Ms. Kreft said the conditions will get transferred. She noted there could also be more limitations.
 

Mayor Hershberger Thun said the City Council and staff worked on the goals and objectives and suggested having a session with the Planning Commission. She noted these would be long standing goals.

Mayor Hershberger Thun encouraged the Planning Commission to go to the Field House. She said right now they are grading the soccer fields.

Mayor Hershberger Thun commented on the May 13^th meeting with businesses. She said the meeting went very well and another one will be set up in October or November.

Mayor Hershberger Thun said the Senior Commission is having conversation with the clergy and one of the discussion topics is the need for senior housing. She noted the meeting is next Thursday, June 11^th at noon.

Mayor Hershberger Thun reported the concerts in the park will begin July 15^th.

Mayor Hershberger Thun stated Volksfest will be August 29^th.

Mayor Hershberger Thun said the street reconstruction has begun in the Lions Park area and noted the bids came in lower. She stated bids will also be received soon for the downtown reconstruction.

Commissioner Hiivala asked about the breakfast with the Mayor. Mayor Hershberger Thun said the Southwest Metro Chamber of Commerce is having a series of breakfast with the Mayor. This will be on June 17^th at 8:00 a.m. at the Deer Run Golf Club.

Chair Simanton asked about the timeframe of when the school district takes over their portion. Mayor Hershberger Thun said they already have as of January 1^st and the City has already been receiving payments. Chair Simanton asked if improvements have been seen. Mayor Hershberger Thun said they have seen a strong, positive move.
 

None.
 

A motion was made by Hiivala, seconded by Vogt, to adjourn the meeting at 7:24 p.m. Vote: 5 Ayes, 0 Nays. Motion carried.
 

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.