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HomeMy WebLinkAbout04-22-10CITY OF LAKEVILLE Planning Commission Meeting Minutes APRIL 22, 2010 The April 22, 2010 Planning Commission meeting was called to order by Chair Davis in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Davis Vice Chair Lillehei Secretary Adler Commissioner Drotning Commissioner Glad Commissioner Grenz Commissioner Maguire Ex- officio Bussler Absent None Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Allyn Kuennen, Associate Planner; Zach Johnson, Assistant City Engineer; Daniel Licht, The Planning Company; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The March 18, 2010 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: A. Letter from Park Ridge Estates residents Mark Cruciani and Janet Lebens who support the proposed reclassification of the west bay of Lake Marion and the Shoreland Overlay District revisions. B. Highlighted changes to the Commercial, Institutional and Industrial fencing section of the Zoning Ordinance Update. C. E -mail from the DNR stating that FEMA is rescinding the Dakota County map, which in turn puts a hold on the proposed Floodplain Overlay District changes, due to an error regarding the required appeal process in one community (not Lakeville). FEMA expects to complete the appeal process and move forward with the Dakota County Map in approximately 14 months. Planning Commission Meeting April 22, 2010 Page 2 ITEM 5. 2009 - 2013 CAPITAL IMPROVEMENT PLAN (TABLED AT THE JUNE 5, 2009 PLANNING COMMISSION MEETING) Mr. Morey indicated that due to unusual budget circumstances, the City did not process an update to our 5 -year Capital Improvement Plan in 2009. Given the amount of time that has passed since the Planning Commission tabled this item, City staff is withdrawing the 2009 -2013 CIP. Mr. Morey stated that a 5 -year CIP will be prepared this summer and a new public hearing will be advertised. Mr. Morey stated that City staff requests the Planning Commission approve a motion accepting staff's request to withdraw the 2009 -2013 CIP. 10.16 Motion was made and seconded to accept City staff's request to withdraw the 2009 -2013 Capital Improvement Plan. Ayes: Glad, Maguire, Lillehei, Davis, Adler, Grenz, Drotning. Nays: 0 ITEM 6. ZONING AND SUBDIVISION ORDINANCES AND ZONING MAP Chair Davis opened the public hearing to consider proposed amendments and updates to the Zoning and Subdivision Ordinances and Zoning Map as required by the 2008 Lakeville Comprehensive Land Use Plan. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Daniel Licht from TPC presented the planning report. Mr. Licht reviewed the proposed revisions to Chapters 1 -37 that were discussed at greater length during the Planning Commission work sessions. Mr. Licht reviewed the Zoning District section of the Zoning Ordinance that was updated to include both generalized changes as well as policies adopted as part of the 2008 Comprehensive Land Use Plan. He indicated that the intent was to make the ordinances easier to understand and easier to access the information. Mr. Licht stated that City staff worked with the DNR to make a comprehensive revision to the Floodplain Overlay District (Chapter 101) standards which were included as part of the packet for tonight's meeting. He indicated that FEMA has put the proposed revisions to the Floodplain Overlay District on hold for 1 Planning Commission Meeting April 22, 2010 Page 3 approximately 14 months while they go through the required appeals process. The City will bring the proposed Floodplain Overlay District revisions back to the Planning Commission and City Council for approval sometime next year. Mr. Licht clarified how the DNR defines a Natural Environment Lake. He stated that the proposed reclassification of the west bay of Lake Marion to Natural Environment Lake does not affect the use of the water body and the Shoreland Overlay District revisions will grandfather the Recreational Development Lake setback requirements for the existing lots. The Natural Environment Lake lot and setback requirements will take effect if a property is subdivided, which would require that City sanitary sewer is made available to the area. The properties adjacent to the west bay of Lake Marion are designated Permanent Rural on the Staged MUSA Expansion Area Plan so there is no entitlement to sanitary sewer. Mr. Licht indicated that the proposed revisions to the Subdivision Ordinance have been identified primarily by Engineering Department staff and consist of updates to reflect current classifications as well as updated application submittal and environmental review requirements. Mr. Licht stated that the draft Zoning Map identifies the specific parcels that are proposed to be rezoned to bring them into consistency with the 2008 Comprehensive Land Use Plan. Mr. Licht referred to the handout at tonight's meeting regarding additional revisions to Commercial, Institutional and Industrial fencing by stating that the changes provide clarification for front yard fences in industrial districts consistent with how the provisions have been applied in the past. Mr. Licht stated that the Zoning and Subdivision Ordinance and Zoning Map Update being considered by the Planning Commission tonight reflect comments from the community, as well as the direction established by the Comprehensive Plan. He stated that Planning Department staff and his office recommend approval of the proposed amendments. Chair Davis opened the hearing to the public for comment. Garry Krebs, 18885 Knollwood Circle Mr. Krebs' comments and concerns were: Planning Commission Meeting April 22, 2010 Page 4 ➢ Mr. Krebs commented on the proposed revisions to Chapter 102 (Shoreland Overlay District) and the reclassification of the west bay of Lake Marion as a Natural Environment Lake. He feels that the west bay of Lake Marion does not meet the DNR's definition of a Natural Environmental Lake. ➢ He expressed concern about his ability to treat for weeds around his lakeshore property if this portion of the lake is reclassified. ➢ He stated that he does not think the City has the authority to reclassify the west bay of Lake Marion based upon an e -mail exchange he had with the DNR. ➢ He feels there is no demonstrated need to reclassify the west bay of Lake Marion. Dr. Thomas Hendrickson, 18641 Knollwood Circle Dr. Hendrickson's comments and concerns were: ➢ Agreed with Mr. Krebs' comments. ➢ He cited past dredging and weed removal problems with the DNR and stated he feels that the reclassification is the first step in the DNR's long range plan to restrict the use of the west bay of Lake Marion. ➢ He does not think there is any benefit to reclassifying the west bay of Lake Marion and feels the area should remain as it is today. ➢ He feels residents should be able to continue using the lake as a recreational area. Daniel Remes, 18631 Knollwood Circle Mr. Remes' concerns /comments were: ➢ He had heard that it would not be necessary to compensate the homeowners if there was a loss in property value due to the lake reclassification. He found this shocking. ➢ He is opposed to the lake reclassification. Chair Davis read into the record the letter the Planning Commission received from Mark Cruciani and Janet Lebens,18560 Knollwood Circle: Dear Commissioners of Planning, As residents of Park Ridge Estates, a plat which has the significant majority of such contained within the western Lake Marion basin Shoreland Overlay Zoning Planning Commission Meeting April 22, 2010 Page 5 District, we fully support the changes proposed in the updates to the Zoning and Subdivision Ordinances. Specifically to the changes proposed in the Chapter 102 content, the 2008 Natural Environment classification of this basin and proposed zoning updates in followup, affirm the expectations of the long -term residents that what they saw in the past, they will see in the future - this is very important. Those who purchased parcels here did so at a premium over comparably -sized lots and this premium was directly related to the differentiators this area offers - a woodland/wetland topography blend together with the solitude afforded by the low density. These differentiators are what we seek to preserve and view the proposed updates as being completely in line with that vision. Thank you. 10.17 Motion was made and seconded to close the public hearing at 6:54 p.m. Ayes: Maguire, Lillehei, Davis, Adler, Grenz, Drotning. Nays: Glad. Commissioner Glad thought that depending upon the Planning Commissioner's discussion, there still may be more comments from the public that they may want to hear. Chair Davis reviewed comments made by the public: ➢ Asked Mr. Licht for the definition of a Natural Environment Lake. Mr. Licht indicated that City staff and DNR staff looked at the definitions of both Natural Environment Lake and Recreational Development Lake and concluded that the west bay of Lake Marion met the definition of a Natural Environment Lake. ➢ Regarding treating aquatic weeds on homeowners property around the west bay of Lake Marion, according to the DNR they would still be able to remove aquatic weeds with the reclassification. ➢ Regarding multiple classifications to a single lake, Mr. Licht stated the DNR indicated that they would approve the proposed revisions to the Shoreland Overlay District as written. ➢ Regarding the rationale behind the reclassification of the west bay of Lake Marion, Mr. Licht stated that it was initiated because the characteristics of the west bay of Lake Marion fit more with the definition of a Natural Planning Commission Meeting April 22, 2010 Page 6 Environment Lake than a Recreational Development Lake, it is consistent with the policies and land use designations of the 2008 Comprehensive Plan, the MUSA Staging Plan (Permanent Rural) supports the Natural Environment Lake classification, it is consistent with Zoning Ordinance regulations for unsewered lots (minimum lot size of 10 acres), and it is consistent with the environmental protection requirements of the Zoning and Subdivision Ordinances concerning wetlands, tree preservation and development on unsuitable soils. ➢ Chair Davis asked City Attorney Roger Knutson whether the City of Lakeville has the authority to request the DNR change the classification of the west bay of Lake Marion. Mr. Knutson stated that he thinks the City does have the authority to make this request. ➢ Compensation for loss of property value is not within the purvue of the Planning Commission. Mr. Licht responded that the concern regarding the potential impact on property value includes the expectation of development in the future but there will be no further development allowed in this area until there is a change in the Comprehensive Land Use Plan, the MUSA Staging Plan and the rezoning of the properties in this area. He indicated that there should be no expectation of development beyond what is there today, so there can be no expectation of increased value. The City has been sensitive to the existing properties and possible impacts of the reclassification. To avoid creating non - conforming properties, the grandfather language is included to allow the existing homes to expand under the current Recreational Development Lake setback requirements. Chair Davis asked for comments from the Planning Commission. Discussion points were: • If the City does not have the authority to reclassify the west bay area of Lake Marion, would that affect this update? Mr. Knutson indicated that yes, but only for Chapter 102. • The lake reclassification will not affect the existing homeowners' use of their property, given the grandfathering language included in the proposed revisions. The lot and setback requirements for Natural Environment Lakes will only apply if the property is subdivided, which there is currently no ability to do because the property is not with the current MUSA. As such nothing has really changed for these homeowners. • Confirmed that reclassifications are only possible for DNR designated lakes. Mr. Licht stated that the other "lakes" in the City, which are under 10 acres in Planning Commission Meeting April 22, 2010 Page 7 size are considered wetlands and are subject to the City's wetland requirements. • Commissioner Lillehei wants residents to have the ability to use the lake as they use the lake today. He is not in support of this reclassification if they cannot use the lake as they use it today. He does not want to give the DNR the ability to restrict the use of the lake more so than it is today because the City will not get that back easily. Mr. Licht indicated that it would not affect the use of the water according to the DNR staff. • Confirmed that the grandfathering would run with the property if it was sold. • Commissioner Glad again asked for the reasoning behind the need for the City to reclassify the west bay of Lake Marion now. Mr. Licht reiterated the reasoning behind the reclassification as stated earlier in the meeting. • Chair Davis recognized Dr. Hendrickson and Mr. Krebs for additional public comment: ➢ Dr. Hendrickson feels that once you give the power to the DNR to reclassify the lakes, you have no recourse to take it back. He further stated that we should regulate our own resource. ➢ Mr. Krebs stated that the DNR is proposing changes to their regulations that will prohibit the treatment of weeds on a Natural Environment Lake. He also asked why the reclassification could not be made five years from now. • Chair Davis asked Mr. Licht to once again reiterate the reasoning behind the reclassification of the west bay of Lake Marion at this time. • Discussion regarding Chapter 11- 23 -19.H that would limit electronic signs to City Hall and like facilities, and not allow electronic signs at City parks and liquor stores. The Planning Commission agreed to the following amendment to the language under paragraph H. (2): "For City of Lakeville public administration, police and fire stations, public maintenance buildings, ice arenas and ISD 192, ISD 194 and ISD 196 School District uses only, the changeable copy sign allowed by this Section may utilize electronic changeable copy." • How will the new requirement for as- builts be enforced. Mr. Johnson indicated that with each building permit there is currently a $1,000 security that is required and that would be released upon meeting all applicable criteria. The Certificate of Occupancy is not tied to this security requirement. Planning Commission Meeting April 22, 2010 Page 8 • Asked if aquatic weed treatment could be added to the Shoreland Overlay District regulations. Mr. Licht stated it is not regulated by the City today and should not be. The Planning Commission discussed the merits of making multiple motions for this agenda item. Break at 7:30 p.m. Reconvened at 7:42 p.m. 10.18 Motion was made and seconded to recommend to City Council adoption of the amendments to the Zoning Ordinance, Subdivision Ordinance and Zoning Map, excluding Chapter 102 Shoreland Overlay District, as amended. Ayes: Lillehei, Davis, Adler, Grenz, Drotning, Glad, Maguire. Nays: 0 10.19 Motion was made and seconded to recommend to City Council adoption of the amendment to the Zoning Ordinance, Subdivision Ordinance and Zoning Map for Chapter 102, as presented. There was further discussion prior to the vote. ➢ Commissioner Drotning stated that the DNR can change their standards for lakes regardless of the classification and the proposed revisions allow the homeowners to use their property as they have been, it reduces any future property owners' expectations of significant development on their 10 acre parcels, and it provides additional protection in that respect. ➢ Commissioner Glad again stated that nobody has given a compelling reason why the lake reclassification has to be made today given the zoning restrictions and classifications that exist today. He feels the residents' concerns are legitimate and intangible due to the proposed DNR rule changes. His inclination has always been to ensure the interests of the City and people are protected but to also afford property owners as much control over the use and enjoyment of their property as possible. He proposes striking the lake reclassification language and using it as a tool for the City to protect ourselves in the future if property owners on the lake are not using the lake as envisioned by the City. Planning Commission Meeting April 22, 2010 Page 9 ➢ Commissioner Lillehei indicated that he will be voting no on the proposed revisions to Chapter 102 because we don't know exactly what the DNR shoreland regulation changes will be. ➢ Commissioner Drotning commented that the lake reclassification issue will not be revisited again until the next Comprehensive Plan Update. If it is the right thing to do, now is the right time to do it with the Zoning Ordinance Update. ➢ Mr. Morey commented that City staff had reviewed the proposed revisions to Chapter 102 last week with the DNR and the DNR supports the amendments. He stated that the Comprehensive Plan is reviewed every ten years. The Comprehensive Plan and the Zoning Ordinance are updated based on what we know now at the time they are updated. ➢ Mr. Morey also commented that if the Planning Commission votes on Chapter 102 and the recommendation does not pass, including the non- conforming lot language that reflects State Statutes, then the entire Chapter does not pass unless the motion is adjusted. ➢ Confirmed the Zoning Ordinance Update will be forwarded to the City Council for action no matter the Planning Commissions vote. ➢ Commissioner Glad felt that similar to the industrial exterior building material standards, the City could revisit the Shoreland Overlay District revisions in a couple of years because the issue is so fluid. Ayes: Davis, Adler, Grenz, Drotning, Maguire. Nays: Glad, Lillehei. Commissioner Glad stated that he does not believe we know enough about the context of the Shoreland Overlay District revision under which we are making this decision to move it forward at this time. Commissioner Lillehei stated that the DNR is immediately reconsidering rules which he thinks may impact the Planning Commission's decision, and he would like to know the finality of that decision first. Chair Davis stated that residents can check back with the Planning Department next week to find out what date this agenda item will go to City Council. Chair Davis indicated that this was a 14 month process and thanked staff and the Planning Commission for all their efforts. Mr. Morey thanked the Planning Commission for their efforts. There being no further business, the meeting was adjourned at 8:00 p.m. Planning Commission Meeting April 22, 2010 Page 10 Respectfully submitted, Peiuly BrevIe, Recording Se4tary 5/6/10 ATTEST: Bart Dovi�f� hair 5/6/10