Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 17, 2009

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on November 17, 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 and Mayor Mary Hershberger Thun.

A. Adopt Agenda

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

#2 APPROVAL OF MINUTES:

A. Minutes of the November 3, 2009 Planning Commission Meeting.

Commissioner Vogt corrected page 4, 3^rd paragraph to read: Commissioner Vogt asked about the new addition to the Clock Tower Building and if the parking capacity approved for the Fresh Seasons Market included those spaces required for the Clock Tower addition. Community Development Director Ms. Kreft said those spaces were included.

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

B. Review Minutes of the October 26, 2009 City Council Workshop.

The above minutes were reviewed.

C. Review Minutes of the October 26, 2009 City Council Meeting.

The above minutes were reviewed
 

Ms. Kreft said this is a conditional use public hearing requested by St. Victoria Catholic Church. She said the church is requesting to expand the existing cemetery area. She noted the minutes and the agenda statement from 2000 are included in the packet when a conditional use permit was approved to add additional fill in this northern area. Ms. Kreft said there is also a detailed site plan in the packet. She stated there are approximately 20 burial sites remaining in the existing cemetery. She explained the types of burials are going to be different from the existing burials. The proposal is for 104 full size graves, wall niches and a columbarium. She said a sample of the columbarium is included in the packet and would include 96 niches and 192 urn spaces. Ms. Kreft said this would make the most use of the available site for the expansion of the cemetery.

Ms. Kreft stated churches are a permitted use within the residential district under certain conditions but cemeteries and memorial gardens are conditional uses. She said the existing cemetery was in place prior to the existing zoning ordinance but based on review the City Attorney and Ms. Kreft felt it would be appropriate to have this go through a public hearing to allow property owners the opportunity to review the plans and make comments.

Ms. Kreft pointed out the existing gravel drive and said that is proposed to stay at this time to allow for access during funeral services.

Ms. Kreft said staff is recommending approval with the five conditions:

1. The existing driveway not increase in size and only be used for the access of vehicles and equipment requiring proximity to burial sites.

2. Parking of visitors for funerals shall be on-street or off-street in the Church parking lot.

3. Landscaping shall be provided as a buffer between the burial sites and the property as shown in the site plan.

4. Any changes to the overall site plan which result in an increase in the number of burial sites shall require an amendment to this conditional use permit.

5. Additional landscaping and/or decorative fencing be added along the east side of the expansion area adjacent to the sidewalk.

Ms. Kreft noted that condition number 5 is not reflected in the plan but she has had discussions with the architect and they are willing to look at options to incorporate either landscaping or fencing along the sidewalk area.

Commissioner Peterson asked if there are any setback requirements from a right-of-way for a cemetery. He also asked if there was any thought of the expansion of Victoria Drive. Ms. Kreft said there is not a required setback for a cemetery because it is not considered a structure. She said the existing right-of-way for County Road 11 would allow for any expansion so they would not be looking for additional right-of-way. Commissioner Vogt asked if there was enough room to have 4 lanes and sidewalks on both sides of County Road 11. Ms. Kreft said the talk was about a potential third lane. Commissioner Vogt clarified the possibility of 4 lanes is never going to happen. Ms. Kreft said that was not stated. The existing right-of-way was sufficient based on the comprehensive plan.

Chair Simanton asked what the setback is in the existing cemetery. Bill Sanders, Sanders Wacker Bergly, Landscape Architects, said they are working with the church on this project. He said the existing graves are right up to the sidewalk in the existing cemetery. He noted this addition does not add any further setback restrictions. Mr. Sanders said there is such a limited space right now and they would like to use the full extent of that site. He stated the existing cemetery has similar conditions of proximity.

Mr. Sanders stated they would be happy to do landscaping and the design is an attractive approach to the cemetery to keep park like. He noted they are using the proposed columbarium as a focal point. Mr. Sanders explained the small rectangles on the north side of the site plan are proposed baby graves. He said they are also proposing landscaping along the edge with some benches. Commissioner Siegert asked for more information on the proposed landscaping. Mr. Sanders said they are thinking of using arborvitaes. Along the street there is a possibility of a decorative iron fence along with some shade trees and some lower shrub plantings. Commissioner Siegert asked about the size of the trees. Mr. Sanders said they would start off with a nice size tree around 6 to 8 feet. Commissioner Siegert asked about the deciduous trees. Mr. Sanders said they are hoping the size would be 2 ½ to a 3 inch tree. He noted the slope would be left as prairie.

Commissioner Siegert asked about the space between the edge and the sidewalk. Mr. Sanders said it is about 3 feet so there would be enough room for a fence but probably not enough space to plant continuous shrubs.

Mr. Sanders stated the church is talking about limiting the amount of up-right memorials in this area.

Chair Simanton asked Mr. Sanders if he was involved in the 2000 expansion. Mr. Sanders responded no. Ms. Kreft said there wasn't any actual expansion of the cemetery in 2000 that was a conditional use permit to bring in the fill to allow for the future expansion.

Chair Simanton asked about the timeframe for the 20 plots left in inventory. Mr. Sanders said he believes there about 20 burials a year.

Chair Simanton asked about the timeframe to get started if approved. Mr. Sanders said the columbarium would be ordered in January so it could be in place by Memorial Day and if the weather would hold they would be able to go out and get the lots staked out or it waits until spring.

Chair Simanton asked what additional property the church owns. Ms. Kreft pointed out the additional church owned land on the site plan. Chair Simanton asked about the land to the west. Ms. Kreft said that is deemed unbuildable.

Mr. Sanders noted there is a lot of space for cremation burials but not for traditional burials. He said he thinks this expansion would accommodate the church for about 10 years.

Chair Simanton stated he thinks it would be a helpful exercise for the church to go through a process of determining where the next expansion would be.

Commissioner Vogt pointed out the church has over 1,000 families and is growing significantly. He said the past 10 years is not an indicator of the next 10 years and he thinks this expansion would accommodate the church for around 5 or 6 years. Commissioner Vogt said he agrees that some type of long term planning is needed. Mr. Sanders said he will talk to the church and encourage them to look at a longer range.

Chair Simanton questioned what the access point would be if there was another expansion to the west. Mr. Sanders said he believes the access would be from down below on Victoria Circle Mr. Sanders said in the future the gravel driveway will probably be removed and used for additional burial space.

Chair Simanton opened the public hearing at 6:54 p.m.

Pam Wartman, 1796 Victoria Circle, said she is the second house in from County Road 11. She said it will be less than 10 years because the church is growing and she would like to see what they have in mind of coming down the hill. She questioned if her house would be sellable. Ms. Warton noted the church has 30 acres of woods. She said if they do direct it down the hill and have to come in that way when there is a funeral all the cars would be coming around Victoria Circle and there is only parking on one side which would make it uncomfortable for anyone trying to get in and out of their home. Ms. Wartman noted this is the sledding hill for all the kids. She stated she would like to know what is going on in case she needs to sell her house before a graveyard is in her backyard.

Chair Simanton closed the public hearing at 6:57 p.m.

Commissioner Siegert said she understands the desire to look into the future but this issue can stand independently. She said she is curious how long ago the houses were built and how long the people have been there. She noted she is sympathetic for the children's sledding hill but the property is owned by somebody else. Commissioner Siegert stated that if this goes forward they need to have very specific criteria for the company doing the landscaping to buffer the people most affected.

Chair Simanton said he thinks there is some information they don't have yet. He stated it is the Planning Commissions responsibility to ask to get more of a long range look at what the plans are in that area. He said there is also an opportunity to start with landscaping right now for any future expansion so by that time there is an 8 to 10 year start from a maturity standpoint.

Chair Simanton stated his recommendation before they move forward with this is to go back and ask the church for more of an idea of what the long range plans are and also what they can do with the start of an earlier buffer to screen what could eventually be there. Commissioner Peterson said he agrees. He said he is concerned with the idea of having access off a neighborhood street for funerals.

Commissioner Vogt said he doesn't believe the 30 acres is all swamp, it is decent land. Ms. Kreft said it is woods and steep slopes.

Mr. Sanders said they will have to investigate soils and do a number of things to do future planning of that area. He stated he feels the church really needs space for expansion. He noted the graves are down to in-fill and they aren't able to offer families much of a choice right now.

Chair Simanton suggested putting a condition on the approval if it goes forward that there is a timeframe associated with what the future expansion would look like. Mr. Sanders said he thinks this is a better suggestion and as a condition the church would work on a long range planning project that they would come back with some ideas on expansion. Chair Simanton suggested getting back to staff with a timeframe. Mr. Sanders said sure, they would be happy to do that.

Commissioner Siegert suggested having a condition about the landscaping. Ms. Kreft said a more detailed landscaping plan could be attached to the resolution.

A motion was made by Simanton, seconded by Donadio, to Approve Resolution 09-01, Recommending the Approval of a Conditional Use Permit for St. Victoria Catholic Church to Expand the Existing Cemetery with the 5 conditions from Staff and with the addition that St. Victoria embark on a long term plan for the cemetery area to be presented back to the Planning Commission and that the detailed landscaping plan be attached to the resolution. A date is also to be submitted as to when the long term plan would be before the Planning Commission. Vote: 5 Ayes, 0 Nays. Motion carried.

Ms. Kreft noted this will go to the City Council on Monday. Mr. Sanders said they will try to get the date by then.
 

Ms. Kreft explained that in the packet is a list of the recommendations in bullet points. She said the second part is revisiting Article XII, which is the central business district. She noted the City Council asked staff to move forward on that specific zoning ordinance amendment. She stated that currently there isn't any review by the Planning Commission or the City Council. Based on the City Council meeting on October 26^th it appeared the consensus of the City Council would be to require a site plan and building permit review by the Planning Commission and City Council prior to the issuance of a building permit. Ms. Kreft noted this would not require a public hearing but it would be an agenda item. She also noted they would need to add a definition for site plan and building material to Article I.

Ms. Kreft reviewed the history and said prior to the adoption of the design standards there were design guidelines. She said in the spring of 2007 the Planning Commission worked on design standards.

Commissioner Siegert clarified that right now only new construction requires a review by the Planning Commission and/or the City Council. Ms. Kreft said it would depend, the majority of new construction will require a review but usually it is triggered by another request. She said new construction could be built without review by the Planning Commission or City Council if it meets all of the requirements.

Commissioner Vogt said he was at the October 26^th City Council meeting and heard the comments. He said there was discomfort given the small size of the business district and the comments in the record stated that they would prefer a little more closeness to the situation. He said they didn't discuss other details other than there should be more communication.

Commissioner Donadio explained that back in 2007 they did this to give staff the control.

Chair Simanton asked if there have been any issues with the Floyd's addition. Ms. Kreft said there are concerns by some with the wood siding. Chair Simanton said it is consistent with what is on the building. Commission Donadio said it matches the existing building and it is in the design standards.

Chair Simanton asked if there were any issues with the Clock Tower expansion. Ms. Kreft said she thinks parking has been the concern. She noted that based on the uses that are within the Clock Tower building the parking spaces would be met by the 15 spaces that are covered under the parking easement. Chair Simanton clarified that there are no violations. Ms. Kreft said it meets all the design standards that were adopted in 2007.

Chair Simanton stated his impression of the situation is that some individuals were blindsided as to what was going on. He said it seems they are taking the process of the ordinance to fix a communication problem. He stated the ordinances are set for procedures and guidelines and if it is a communication problem that should be dealt with outside of the ordinances.

Chair Simanton commented on the building permit application process and said that there should be an automatic check that a distribution email goes out to those who want to know about these things. He reiterated the communication needs to be improved.

Commissioner Siegert said while she agrees it is necessary to identify trigger points for internal communication processes between staff and the city officials she also thinks it is necessary to at least put it on the table to review trigger points that may be necessary to determine if permitting within the Central Business District should be reviewed by the Planning Commission and or the City Council.

Commissioner Peterson commented on giving staff the opportunity to decide when there should be a review.

The Planning Commission discussed variances.

Ms. Kreft said this will be discussed by the Business Development Committee tomorrow night and the comments will be brought to the City Council on December 14^th.

Chair Simanton stated the recommendation from the Planning Commission is they are not comfortable with putting requirements in to the ordinances that don't specifically apply to the ordinance as opposed to looking at the process and communication with triggers that would notify the appropriate individuals.
 

Mayor Hershberger Thun had nothing to report.
 

None.

A motion was made by Vogt, seconded by Siegert, to adjourn the meeting at 7:35 p.m. Vote: 5 Ayes, 0 Nays. Motion carried.
 

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.