Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
OCTOBER 6, 2009

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on October 6, 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, Grant Peterson Michelle Siegert and Tom Vogt.

Members Absent: None.

Others Present: Community Development Director, Holly Kreft; Councilmember O'Connor.

Chair Simanton administered the Oath of Office for Micelle Siegert.

A. Adopt Agenda

Ms. Kreft added a couple items under miscellaneous.

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

#2 APPROVAL OF MINUTES:

A. Minutes of the September 1, 2009 Planning Commission Meeting.

Ms. Kreft said the minutes will be put in the packet at the next meeting.

B. Review Minutes of the August 24, 2009 City Council Workshop.

The above minutes were reviewed.

C. Review Minutes of the August 24, 2009 City Council Meeting.

The above minutes were reviewed.

D. Review Minutes of the September 14, 2009 City Council Meeting.

The above minutes were reviewed.
 

A. Review request of Minor Subdivisions for Guardian Development of MN LLC and Warren and Constance Phillips Located at 1150 and 1190 Highway 7, Excelsior, MN 55331.

1) Agenda Statement No. 09-15
2) Exhibits: Registered Land Survey

Ms. Kreft explained this is for minor subdivisions for two parcels located north of Highway 7. She stated the properties are trying to clean up the property line. The registered land survey is also included in the packet. Ms. Kreft showed where the property line would be shifted. She noted they are approximately 3,300 square feet in size so it is not creating any additional buildable property. Ms. Kreft said the total acreage won't change.

Chair Simanton clarified that the white line is existing and the dash line is the approximate location.

Chair Simanton clarified that the home was built in 2003. He said it was built extremely close to the property line. Ms. Kreft said the survey showed that it was ten feet from the property line.

Commissioner Vogt asked about the retaining wall. Ms. Kreft said it appears that the retaining wall is on the adjacent property going by the aerial photo. Chair Simanton asked if the retaining wall was built the same time the home was built. Ms. Kreft said she didn't know but anything over four feet needs a permit. She said that now a permit is needed for a retaining wall regardless of the size.

Chair Simanton opened the public hearing at 6:37 p.m.

Chair Simanton closed the public hearing at 6:37 p.m.

A motion was made by Simanton, seconded by Vogt, to approve the request of Minor Subdivisions for Guardian Development of MN LLC and Warren and Constance Phillips Located at 1150 and 1190 Highway 7, Excelsior, MN 55331. Vote: 5 Ayes, 0 Nays. Motion carried.
 

Ms. Kreft said this is now new language within the zoning ordinance. She said right now churches and other places of worship are conditional uses in the agricultural district but are permitted uses in all of the residential districts. She is recommending they be shifted to the permitted uses to be consistent with the residential uses.

Ms. Kreft said she is also recommending removing airports as a conditional use within the agricultural district. Commissioner Donadio asked if an airport would include a landing strip. Ms. Kreft said yes any portion.

Ms. Kreft said she is also recommending that raising of bees be changed to commercial bee keeping to clarify the intent. Commissioner Donadio asked how smaller hobby bee keepers would be covered. Ms. Kreft said they are covered under the department of agriculture.

Ms. Kreft said that home occupations are considered a conditional use if they are special home occupations and based on a workshop as well as other research she is recommending that there be two categories of home business; major and minor. She said major home uses would be subject to an interim use, which would allow for a sunset provision. Chair Simanton asked if that section would include parking. Ms. Kreft said yes. Commissioner Peterson clarified that there would be a definition of what constitutes major and minor. Chair Simanton asked what the differences are with a conditional use permit and an interim. Ms. Kreft said the conditional use permit has been around a long time that cities use to control the use but it does not allow for a sunset provision. She noted the interim would be on a case-by-case basis. Commissioner Donadio clarified that the conditional use permit affixes with the property and the interim use is more flexible. Commissioner Siegert asked if there is a definition of intense. Ms. Kreft said that will be within the definition of major and minor.

Ms. Kreft said right now private non-profit foundations are listed as conditional uses in the residential district and she is recommending that those be shifted as a permitted use in a commercial district.

Ms. Kreft reviewed the actual proposed language. She noted that some of the language was transferred from the existing zoning ordinance.

Commissioner Siegert said she went back and looked at the purpose of the article and clarified that what is underlined is the new language. She stated that she prefers the first municipal code because she thinks it was more explanatory. She said it also gave more protection to adjacent properties. Ms. Kreft clarified that language is all being transferred to article II because that deals with administration.

Commissioner Siegert questioned why restrooms would be in one area and not another and parking was addressed in one and not another. She asked if there is a list of things everybody should be considered for. Ms. Kreft said it depends on the type of buildings. She noted the orchards and vineyards are more seasonal and may not include a permanent facility. Commissioner Siegert commented on the criteria and asked what is covered in the existing language and what is not. Ms. Kreft said it is dependant on the site. Commissioner Siegert said her concern is applying different standards to different businesses as Victoria grows and said she needs clarification on what criteria is looked at.

Ms. Kreft said that parks and playgrounds are taken from the existing language, which was added in 1997 to the zoning ordinance.

Ms. Kreft explained the publicly owned buildings includes transformers and sub stations.

Ms. Kreft stated that under golf courses there has been additional language added. Chair Simanton commented on the definition of what a green space is. Ms. Kreft said the most appropriate place for green space would be the zoning map. She said there was also a concern noted about the proximity of homes to a golf course. She noted that she is proposing to strike K and that would be in review of the site plan. Ms. Kreft suggested saying an appropriate buffer shall be established in the development of a golf course.

Ms. Kreft reviewed the kennels. Chair Simanton said kennels in a residential area is opening up issues with neighbors. Ms. Kreft clarified this is only the agricultural district. Commissioner Siegert asked if there is some place in the code that defines what a nuisance is. Ms. Kreft said yes it is in the actual city code.

Ms. Kreft stated schools are included as a conditional use. Commissioner Peterson said he would prefer to see it stay a conditional use.

Ms. Kreft recommended the City be subject to a conditional use permit.

Ms. Kreft reviewed the accessory apartments and said she is recommending that they would be subject to the conditions listed. Chair Simanton clarified they have to have city water and sewer. Commissioner Vogt asked about the approval process. Ms. Kreft said right now it is currently a conditional use and nobody has obtained one. Chair Simanton asked if there is anything that says the living area has to be in proportion to any storage areas. Ms. Kreft so no, but they could add that it has to be attached to a principal structure. Commissioner Peterson asked what is gained by excluding it to be detached. Chair Simanton referred to previous issues. The Planning Commission discussed attached and detached structures. Ms. Kreft stated accessory structures more than 900 square feet are not allowed without a conditional use permit. Commissioner Siegert clarified that a detached accessory structure for a nanny would be permitted.

Ms. Kreft noted that under the subject boat docks the current language prohibits any new boat docks within the City of Victoria. She said that provision is unique to Victoria. She noted that this language was added in the early 2000's. Commissioner Vogt clarified that this only relates to common docks.

Ms. Kreft said nursing homes is being changed to long care facilities.

Ms. Kreft said group homes with less than 12 residents can be a permitted use.

Ms. Kreft pointed out that she is doing research on number 4 and on.

Ms. Kreft said previously discussed was to have adult uses in a transitional district and she asked if those could be regulated as interim uses because a sunset provision could be on them.

Ms. Kreft said that the uses in the transitional industrial district be only expanded under an interim use. She said the Business Development Committee talked about the central business district.

The Planning Commission discussed adult uses.

Ms. Kreft noted the direction of the Planning Commission was to do the expansions as a conditional use.

Commissioner Siegert asked if each expansion can be treated as a discrete permitting process. Ms. Kreft said yes, but if they meet all the conditions they can't legally be denied a conditional use permit.

The Planning Commission was in agreement to have expansion in the transition industrial district be under an interim use.

Commissioner Siegert clarified that there is a definition of expansion.
 

Councilmember O'Connor commented on a traffic study done on 86^th Street. He said one of the suggestions was to shut down 86^th Street. He said this was tabled until a meeting in November to do more research. Chair Simanton said once a road is removed you never get it back again. He noted that the berming and setbacks were not done appropriately. Commissioner Vogt said that street is necessary for the Victoria Recreation Center. Chair Simanton questioned if the homeowners would be assessed if there were improvements on 86^th Street. Ms. Kreft said that is part of the issue because it is 100% City cost to improve 86^th Street because there is no access. Commissioner Vogt said the speed problem is not just on 86^th Street. Councilmember O'Connor noted that 85% of the traffic studied was going 43 mph or more. Chair Simanton said if it wasn't for the speed there wouldn't be a safety issue. Commissioner Siegert commented on the emergency vehicles having one less way to get to the neighborhood if the road is closed. Ms. Kreft said the recommendation by the engineer is to raise the speed limit.
 

Ms. Kreft said there is a housing summit on October 28^th at the Waconia Event Center.

Ms. Kreft said there is a follow up meeting on October 15^th with the 1000 Friends Program.

Ms. Kreft noted the City is currently out for engineering proposals and the Planning Commission needs to nominate someone to sit on the interview committee.
 

A motion was made by Donadio, seconded by Peterson, to adjourn the meeting at 8:00 p.m. Vote: 5 Ayes, 0 Nays. Motion carried.

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.