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Home My Public Portal About01-10-2006PLANNING COMMISSION MINUTES — January 10, 2006 PRESENT: Marilyn Fortin, Mary Verbick, Jeff Pederson, Steve Jacobson and Doug Dickerson. Also Present Planning Consultant Sarah Schield, Administrative Assistant Janet Olson, and Council Representative Elizabeth Weir 1. CALL TO ORDER: Vice Chair Mary Verbick called the meeting to order at 7:05 PM. 2. Introduction of newly appointed Planning Commissioners Liz Weir introduced the 2 newly appointed Planning Commissioners. Jeff Pederson has been on the Planning Commission before and has gone through the Comprehensive Planning process. Jeff will serve on the commission as a representative from the business community. Steve Jacobson has computer background and background in GIS. Steve lives in Morningside addition and will represent the Morningside area of Medina. 3. ELECTION OF CHAIR AND VICE CHAIR FOR 2006 PLANNING COMMISSION Paper ballots were distributed to vote for Chair with results being 5 votes for Tom Crosby. Paper ballots were distributed to vote for Vice Chair with results being 5 votes for Mary Verbick. 4. PUBLIC COMMENTS There were no comments from the public. 5. RYAN COMPANIES, LOT SPLIT, LOT COMBINATION —PUBLIC HEARING Sarah Schield provided background of the application in which Ryan Companies US Inc. is requesting approval of multiple lot divisions and rearrangements on behalf of Target Corporation and Ashland Inc. to assist with reconfiguring Clydesdale Trail as part of the Medina Clydesdale Marketplace Plat. The property owners have signed the application. There is also a need to vacate several easements. The vacations will occur at a public hearing at the January 17, 2006 City Council Meeting. Sarah Schield also added that the realignment will be a public benefit with an improved transportation route. She also added that the intent of the lot division and rearrangements is to reduce the possibility of any nonconformities of the parcel located at 215 Clydesdale Trail. Mary Verbick opened the Public Hearing at 7:25. There were no comments from the public. Public Hearing was closed at 7:26. MOTION/SECOND (Fortin/Dickerson) To recommend to City Council approval of lot divisions and rearrangement with the condition that the applicant provides legal descriptions of the properties both before and after the lot split and lot consolidations. MOTION CARRIED UNANIMOUS January 10, 2006 Planning Commission Minutes 1 6. WETLAND ORDINANCE — PUBLIC HEARING Public Hearing was opened at 7:30 John Smyth, City Wetland Engineer provided an update on the current version of the ordinance. He reported that Rose Lorsung, Dave Thill (Hennepin County Conservation District) and himself have met to look through the ordinance and to review the comments made at the December Planning Commission Meeting. Doug Dickerson asked about the DNR setbacks and the minimum buffers and what the City of Orono uses for their guidelines. John Smyth said that the City of Orono uses the same guidelines as what is proposed in this ordinance. Doug Dickerson asked what the distinction was between Manage 2 and Manage 3 and wondered if it was worth having the two with just a five foot difference. John Smyth explained that Manage #3 has plant communities (monotypes) and Manage #2 has higher plant diversity and habitat and somewhat higher in quality and plant diversity. And it is important to be consistent with Minnehaha Creek Watershed. Doug Dickerson asked what the cost would be for wetland delineation. John Smyth answered that the cost is $1,500 for each wetland basin. Doug Dickerson asked what is the cost to the city? John Smyth replied the city currently administers the Wetland Conservation Act and this will just add another step to the process. Doug Dickerson asked if the boundaries for the watershed districts that appear to go through lots could be determined another way. John Smyth answered that the watershed boundaries that are shown are legal and designated by the State of Minnesota. Karen Eide 1555 Hackamore stated that she was under the impression that the Watershed Districts do not set the guidelines and that this is all City regulation. John Smyth responded that the Watershed Districts do set guidelines and some Watershed Districts are stricter then other Districts. January 10, 2006 Planning Commission Minutes 2 Mary Verbick added that the intent now of the City is to have a uniform ordinance. The City is working to not create problems because of the past. Karen Eide 1555 Hackamore stated that she likes protecting wetlands but wants it to be fair to all property owners. Beth Peterson 1295 Hackamore stated that there are only three undeveloped properties surrounding Lake Medina and would like to request that the three undeveloped properties be grandfathered in. Jerry Peterson 1295 Hackamore asked if buffer strips taken away from property owners would there be any credits given? John Smyth responded that the state does not allow credits given for buffer strips. Jerry Peterson 1295 Hackamore asked if this ordinance puts a lot of properties into non- compliance. Sarah Schield replied that under the general provisions the City shall apply to all lands containing wetlands when redevelopment of a legal non -conforming principal structure per Medina Ordinance section 825.15. In the absence of Rose Lorsung, John Smyth suggested that staff review non -conforming lots. Liz Weir requested for Ron Batty, City Attorney provide an explanation and more clarity of non- conforming lots for when Wetland Ordinance goes before the City Council. Public Hearing Closed at 8:15. Mary Verbick stated that as communities change and grow there will always be legal non- conforming properties. Jeff Pederson stated that the question of non -conforming lots should be answered by Ron Batty and especially in relation to the Foxberry subdivision situation. Steve Jacobson questioned the terminology of average on the Buffer Variation Guidance exhibit provided in the packet and wondered who determines the average. John Smyth responded that the average is determined by the ordinance and in the text of the exhibit. Steve Jacobson asked what if a water body goes into another municipality. John Smyth responded that the applicant would meet the average buffer within the proposed project area. January 10, 2006 Planning Commission Minutes 3 Discussion on if the Wetland Ordinance should be recommended to Council or wait a meeting to hear from City Planner, Rose Lorsung. MOTION/SECOND (Fortin/Jacobson) to continue discussion at the next Planning Commission Meeting and to bring questions to Rose before the next Planning Commission. MOTION CARRIED UNANIMOUS 7. APPROVAL OF MINUTES 12/13/2005 PLANNING COMMISSION MEETING MOTION/SECOND (Dickerson/Pederson) to approve the minutes from the December 13, 2005 Planning Commission as corrected MOTION CARRIED UNANIMOUS 8. PLANNER'S REPORT Sarah Schield provided an update in Rose Lorsung's absence. She reported that the moratorium is moving forward with committee meetings and there will be an Open Forum later in January for the public. Sarah also added that the sign ordinance and grading ordinance will be on the February agenda and there may be a concept plan from Loram. Sarah provided an update on the Ryan Development and the concern from Cherry Hill Residents regarding the view of the north side of the building. On Saturday January 7 there was a meeting with Cherry Hill residents, representatives from Ryan Companies, the Mayor and Councilmember Smith. It appears that the neighbors and Ryan Companies are working together on these issues. Liz Weir provided an update from the City Council Meeting. She also requested to publicly thank Dick Picard for serving on the Planning Commission. MOTION/SECOND (Pederson/Jacobson) Move to adjourn. MOTION CARRIED UNANIMOUS Meeting adjourned 9:07PM Planning and Zoning Assistant Date January 10, 2006 Planning Commission Minutes 4