Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
AUGUST 21, 2007

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on August 21, 2007, at 7951 Rose in the Council Chambers.

Vice-Chair Vogt opened the meeting at 6:30 p.m.

Members Present: Vice-Chair Vogt, Commissioners James Donadio III, William Mead VI, Bud Hiivala

Members Absent: Chair Gordy Simanton

Others Present: Holly Kreft, City Planner; City Councilmember Jim Paulsen; and Tanya Schmieg, Recording Secretary.

A. Adopt Agenda

A motion was made by Donadio, seconded by Mead, to adopt the agenda as amended. Vote: 4 Ayes, 0 Nays. Motion Carried.
 

#2 APPROVAL OF MINUTES:

A. Minutes of the August 7, 2007, Planning Commission Meeting.

Vice-Chair Vogt added to page 5, 3^rd paragraph, 3^rd sentence: She said there would be odd shaped home sites if wetland areas would be deeded to the City as outlots.

A motion was made by Hiivala, seconded by Donadio, to approve the Minutes as amended. Vote: 4 Ayes, 0 Nays. Motion carried.

B. Review minutes of the August 9, 2007 City Council Meeting.

The above minutes were reviewed.
 

A. Request by Victoria Gallery LLC (Pemtom) for a re-plat of lots 1 through 7 for the Gallery at Victoria and the vacation of drainage and utility easements to reduce Block 1 to six lots (to be known as Gallery 3^rd Addition) within the City of Victoria, Carver County, Minnesota

1. Agenda Statement No. 07-39
2. Exhibits: Application, Preliminary and Final Plat

Ms. Kreft explained this is a reduction of the number of lots from seven to six and a vacation of the existing drainage and utility easements. The new easements will be dedicated with the plat.

Ms. Kreft stated staff is recommending approval of the re-plat and noted that a developer’s agreement would not be required.

Vice-Chair Vogt asked how many total lots were planned in this development. Ms. Kreft responded 34-35.

Commissioner Hiivala asked if the storm drain and pond remain the same. Ms. Kreft said correct, the recorded easements need to shift, but there aren’t any other adjustments needed for storm water.

Vice-Chair Vogt clarified the term of vacation of the existing easements and drainage meaning they are erasing the original easement lines and re-drawing them in accordance with the new lot line.

Vice-Chair Vogt opened the Public Hearing at 6:34 p.m.

Vice-Chair Vogt closed the Public Hearing at 6:34 p.m.

A motion was made by Vogt, seconded by Hiivala, to approve the request by Victoria Gallery LLC (Pemtom) for a re-plat of lots 1 through 7 for the Gallery at Victoria and the vacation of drainage and utility easements to reduce Block 1 to six lots (to be known as Gallery 3^rd Addition) within the City of Victoria, Carver County, Minnesota. Vote: 4 Ayes, 0 Nays. Motion carried.

Continued Public Hearing

A. Request by U.S. Home Corporation (Lennar) for Preliminary and Final Plat to create three lots accessed by a private drive for the property located at 395 Highway 7 (plat to be known as "Fox Hollow Ridge", property formerly known as "the Westar property"), Excelsior, MN, Carver County, Minnesota

1. Agenda Statement No. 07-40
2. Exhibits: Application, Preliminary and Final Plat, Comments from Fire Department and City Engineer

Ms. Kreft explained some of the items discussed at the last meeting and one of them was the wetlands. She noted a compromise was reached and Outlot A and B will be recorded and deeded to the City. Another item discussed is if development would ever occur to the north or south. The developer is platting an easement along the south side of the property and following the private drive to the north to allow for a drainage and utility easement so that water and sewer could be brought in.

Ms. Kreft said another item discussed was the park dedication. She said they have reached an agreement that the developer would dedicate Outlot A to allow City access in the future to construct a trail to the south and the rest of the park dedication would be in cash. There was also discussion about another trail east west connecting in to Chanhassen. She noted the property to the north is currently being marketed as a single home site and if it is sold only a building permit would be required and the City would have to pay for an easement.

The developer has also agreed to include the eastern 33 feet within the plat so any future roadway would not be connecting to Kings Road.

Commissioner Hiivala asked if the developer is given credit for donating the two outlots to the City. Ms. Kreft said there is not credit for park.

Vice-Chair Vogt clarified that there is a single private driveway in the lot that would be a single family site. Ms. Kreft said that is correct. That is the extent that Mn/DOT has indicated in writing that would ever be allowed.

Vice-Chair Vogt asked for clarification on the reason for having wetlands deeded. Ms. Kreft said wetlands and buffers are required to be deeded to the City in outlots for preservation and maintenance. She noted this is a unique situation. Vice-Chair Vogt commented on precedent setting.

Vice-Chair Vogt asked if there are parameters for the size of the cul de sac in order to ensure proper turnaround for the fire trucks. Ms. Kreft said the Fire Department has reviewed this. The proposed dimensions are adequate for fire protection per review of the Victoria Fire Department.

Vice-Chair Vogt commented on the tree preservation and asked who does the replacement of the trees. Ms. Kreft said that it would be a cash donation to the City.

Vice-Chair Vogt talked about the area impacts section and asked about the south property to be looped. Ms. Kreft said if the property were to develop the sewer would most likely come from the south and water could potentially come from the north and the water line would need to be looped and that is why they are requesting an easement for both water and sewer to be allowed.

Vice-Chair Vogt re-opened the Public Hearing at 6:52 p.m.

Michael Hampton, 4198 White Oak Lane, Chanhassen, talked about an issue that came up with the storm last week with the trees and now they are laying in the properties to the east and asked if those would also be included in the tree clean up. He asked if there has been any investigation by the Planning Commission. Matt Goldstein, Developer with Lennar, said he would talk to Mr. Hampton about the clean up of the trees.

Mr. Hampton asked what the size of Outlot B is. Commissioner Mead responded that it calculates to 1.2 acres.

Matt Goldstein, Planner and Project Manager with Lennar, addressed a couple questions. He said they would be happy to provide no parking signage.

Mr. Goldstein commented on the tree preservation and said they could make the road narrower to 22-24 feet and tighten up the ditches to save a few more trees. He reiterated that he will work with Mr. Hampton on the tree removal.

Commissioner Donadio talked about the balance between streets and making sure the road is wide enough for fire and safety. Vice-Chair Vogt said they should go with what the Fire Department recommends. Commissioner Donadio commented that if they ever plan on part of this road to access properties to the south the road would need to be wide enough. The plans currently show 28 feet, which is the standard City street width in Victoria.

Vice-Chair Vogt commented on the 9 conditions and the 22 recommendations by Engineering and said there are a lot of outstanding items. Ms. Kreft noted that some of the conditions are standard language. She also explained The Minnehaha Creek Watershed District has started there review and it should be completed August 27^th or 29^th. Vice-Chair Vogt asked who monitors all the conditions for compliance. Ms. Kreft said the City Planner and Engineer will be monitoring everything. Mr. Goldstein said they are comfortable with the conditions submitted.

Suzanne Boda, 4196 White Oak Lane, Chanhassen, questioned the easement going up to the northwest and asked if that could potentially be developed in to a roadway. Ms. Kreft responded no and it is just dedicated as a drainage and utility easement.

Vice-Chair Vogt closed the Public Hearing at 7:04 p.m.

Commissioner Hiivala commented on that it should be a 28 foot road. He also suggested that just south of that the land if it should need access be available as an easement made for use. He noted that should be a condition within a condition.

A motion was made by Vogt, seconded by Hiivala, to approve the Request by U.S. Home Corporation (Lennar) for Preliminary and Final Plat to create three lots accessed by a private drive for the property located at 395 Highway 7 (plat to be known as "Fox Hollow Ridge", property formerly known as "the Westar property"), Excelsior, MN, Carver County, Minnesota, subject to the 9 conditions by staff and the 1 added by Commissioner Hiivala. Vote: 4 Ayes, 0 Nays. Motion carried.
 

A. Request by D.R. Horton to Amend the Developer’s Agreement for Krey Lakes

1. Agenda Statement No. 07-41
2. Exhibits: Request Letter, Draft Agreement Amendment

Ms. Kreft explained the current deadline is October 15, 2007 to complete all of the necessary improvements and have all the infrastructure in place and the roads remaining to be paved completed in 2008. In order to do that an addendum to the developer’s agreement is required. Commissioner Donadio asked what the date is in 2008. Ms. Kreft responded they are requesting a one year extension, so it would be October 15, 2008.

A motion was made by Vogt, seconded by Donadio, to approve the request by D.R. Horton to Amend the Developer’s Agreement for Krey Lakes. Vote: 4 Ayes, 0 Nays. Motion carried 4-0.

B. Approval of Sale of Land for Former MABBSCO Group Home Site

1. Agenda Statement No. 07-42
2. Exhibits: Resolution

Ms. Kreft explained that as required by State Statute, the sale of the land must be reviewed to make sure it meets the goals and policies of the Comprehensive Plan. She said it will be re-guided to Central Business District.

Ms. Kreft stated that legal counsel has attached resolution number 07-01 outlining that the Planning Commission has reviewed it.

Ms. Kreft noted that Thursday night at the City Council meeting there is an agenda item to approve the sale of the property.

Vice-Chair Vogt asked if they still believe it is a commercial site versus some other site such as park land or residential housing. Ms. Kreft said there are some issues with the site such as limited access to Highway 5 and the cost of infrastructure improvements from the existing downtown to the site.

The Planning Commission discussed the land. Commissioner Hiivala pointed out that this is the only land available. Vice-Chair Vogt said to leave as many options open as possible. Commissioner Mead thinks it is a good idea and they need to find the right developer. The Planning Commission does question what the status of the City Council’s views are on this. Based on all the discussion in the past six months to a year this is still a good option and fits the comprehensive plan.

A motion was made Vogt, seconded by Mead seconded, to recommend approval of resolution number 07-01 regarding the land sale between the City of Victoria and Tree Rivers Park District. Vote: 4 Ayes, 0 Nays. Motion carried 4-0.
 

Councilmember Paulsen talked about the vote on the Gallery going from 7 to 6 lots and said in the future the opposite may occur. He commented on a local bank and making no more loans.
 

A. Communications.

Ms. Kreft noted there is a comprehensive plan open house this Saturday from 9 a.m. to 11 a.m. and next Monday from 6 p.m. to 8 p.m.
 

A motion was made by Hiivala, seconded by Donadio, to adjourn the meeting at 7:26 p.m. Vote: 4 Ayes, 0 Nays. Motion carried.
 

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.