Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
JULY 7, 2009

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on July 7, 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 and Tom Vogt.

Members Absent: Commissioners Bud Hiivala and Grant Peterson.

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

A. Adopt Agenda

A motion was made by Donadio, seconded by Simanton, to adopt the agenda as presented. Vote: 3 Ayes, 0 Nays. Motion Carried.
 

#2 APPROVAL OF MINUTES:

A. Minutes of the June 16, 2009 Planning Commission Meeting.

A motion was made by Vogt, seconded by Donadio, to adopt the minutes. Vote: 3 Ayes, 0 Nays. Motion Carried.

B. Review Minutes of the June 8, 2009 City Council Meeting.

The above minutes were reviewed.
 

None.
 

Ms. Kreft introduced Dan Marckel from 1000 Friends.

Ms. Kreft reviewed the draft schedule.

Ms. Kreft talked about Article II, which is the administration and enforcement part of the ordinance. She said the major changes have been noted. She explained that right now the penalty section conflicts with the penalty section for the city code so the recommendation is to remove the current language and refer to the overall penalty of the city code. Ms. Kreft said the building official reviewed the sections that deal with building permits and offered some suggestions. She stated the other issue was the lapse of variance was disconnected from the variance section and was moved to the section on variances. Ms. Kreft commented on the metes and bounds and said if a lot is less than ten acres it is not to be issued a building permit. She noted there is not a statutory basis for this and this was from 1975 when the ordinance was originally written.

Chair Simanton asked if there could be a building permit for an onsite shed depending on the size. Ms. Kreft said there could be but right now if there is a lot that is nine acres and it's a metes and bounds description it wouldn't be able to get a building permit. Chair Simanton clarified that you do not have to have more than ten acres for a building permit for something like a shed.

Chair Simanton commented on the "metes and bounds" definition and said it is a very old reference. He asked if that language could be updated. Ms. Kreft said it is still the same language and method of legally describing land prior to a plat.

Ms. Kreft clarified that the consensus of the Planning Commission is the language can be removed.

Ms. Kreft explained that Article III deals with the zoning districts and describes the standards. She said this section incorporates more changes tied to the comprehensive plan amendment and includes adding a mixed density residential district and proposes to remove office and limited commercial. She said the transitional industrial for the area south of Highway 5 would reflect a change saying it would be transitional into the central business district. Commissioner Vogt asked why it was called transitional industrial. Ms. Kreft said currently it is zoned light industrial. Chair Simanton clarified that the term transitional sets the expectation. Commissioner Vogt commented on cities having the ability to set up a transitional district when it is needed. Ms. Kreft explained the discussion was specifically tied to that area because it would be transitioning to the central business district. Chair Simanton asked if that is the only area labeled. Ms. Kreft responded yes.

Ms. Kreft noted that some of the definitions have been moved to the general definitions.

Ms. Kreft stated that the standards for each type of fence have been laid out. Chair Simanton asked if people who already have barb wire and electrical fences would be grandfathered in. Ms. Kreft said they would be grandfathered in. Chair Simanton asked if someone would have to come in for a variance if they wanted to put up a barbed wire or electrical fence. Ms. Kreft said she would have to see if that would be considered a use variance or language could be included that they would need a conditional use permit. Commissioner Donadio noted there is barbed wire along the trail of the park land the city owns. Ms. Kreft said that is existing from a previous use. Chair Simanton asked what the advantage of having a conditional use permit would be. Ms. Kreft said there would be more control. The consensus was to have a conditional use permit for barb wire or electric fence requests.

Ms. Kreft explained there is conflicting language as to the height with fences. She said staff recommends there be a consistent language and either have if it is over six or eight feet it would require a conditional use permit. She noted most cities go with the conditional use permit for a fence because it is difficult to prove a hardship. Chair Simanton said six feet seems to be a standard size and anything above that would require a conditional use permit. Commissioner Donadio asked about a fence that is made out of hedge. Ms. Kreft said that is included. She noted that fences can be put on the property line if there is approval of the adjacent property owner.

Ms. Kreft said the maximum height is standard at 35 feet or three stories. She noted that two conditional use permits have been issued in the central business district. She asked if it should stay at 35 feet and go through the conditional use permit process or consider a different height for the central business district. Chair Simanton asked what the maximum height is for a ladder to reach from a fire truck. Ms. Kreft said she thinks it is five stories but all buildings are required to be sprinkled. Commissioner Vogt asked if there is a reason to have a maximum height other than aesthetic reasons. He said why not make it difficult to exceed it. Ms. Kreft said the central business district is the only district that allows a conditional use permit for a height variance. She said if the city is going to continue to promote high density residential in the central business district it would make sense to consider a different height for that. Chair Simanton commented on some of the vistas and preserving the aesthetics. Commissioner Donadio said another reason to consider a maximum height is public safety. The Planning Commission decided to leave the maximum height at 35 feet and have a conditional use permit in the central business district.

Ms. Kreft commented on the variance request that was previously discussed and said any addition to a principal structure needs to be in scale with the existing structure. Chair Simanton clarified that this would be attached or unattached. The Planning Commission agreed.

Commissioner Vogt asked who the Zoning Control Board is. Ms. Kreft said that is the Planning Commission and noted that is a statutory requirement.

Chair Simanton commented on some cities being challenged with the ordinances in place and single family homes turning into rentals. Ms. Kreft noted the city did pass a rental ordinance about a year ago.

Ms. Kreft noted the shoreland ordinance will be skipped over until the DNR approves their new rules.
 

Mayor Hershberger Thun had nothing to report.
 

Commissioner Donadio commented on the presentation from 1000 Friends. He said the guest speaker was introduced as the "rock star" of community developments. He said they discussed the higher densities and the Met Council requirements. Commissioner Donadio said they also talked about commercial developments.

A motion was made by Simanton, seconded by Vogt, to adjourn the meeting at 7:11 p.m. Vote: 3 Ayes, 0 Nays. Motion carried.

Respectfully submitted,
Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.