HomeMy Public PortalAbout12-14-2010MEDINA
PLANNING COMMISSION AGENDA
TUESDAY, DECEMBER 14, 2010
7:00 P.M.
CITY HALL (2052 County Road 24)
1. Call to Order
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of November 9, 2010 Planning Commission minutes
6. Discussion: 2011 Planning Commission Goal Setting
7. City Council Meeting Schedule
8. Adjourn
POSTED IN CITY BALI., DECEMBER 10, 2010
MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Adams
DATE: December 2, 2010
SUBJ: Planning Department Updates for December 7, 2010 City Council Meeting
Ordinance Updates
A) Driveway setback regulations — during the review of the Lennar project, staff has noted an
inconsistency between the 5 -foot setback in the R-2 zoning district, and the requirement that
driveways be set back 10 feet from property lines. The Planning Commission recommended
that staff consider amendments to the driveway setback requirement.
Land Use Application Reviews
A) Enclave of Medina Subdivision — 3212 Hunter Drive — The Lennar application has been
reviewed by the Planning Commission and by the City Council at the November 8 meeting,
where the Council discussed a number of changes to the plans. City staff has met with the
developer to speak through the direction from the Council and other outstanding issues to be
included in the updated plans. Depending on when plans are submitted, the item will be
scheduled for a City Council meeting either at the December 21 meeting, or the developer
will need to provide an extension.
B) Wolsfers/Ringer Comp Plan Amendment and Rezoning — 1525 and 1700 Deerhill Road —
the property owners are requesting a Comp Plan amendment to change the future land use of
their properties to Agricultural and to rezone the property to Agriculture Preserve. The
Planning Commission held a Public Hearing at the November 9 meeting and recommends
approval. The Council is scheduled to review the request at the December 7 meeting.
C) Holy Name Cemetery — The City Council approved resolutions for the lot combination,
CUP/Site Plan, Interim Use Permit and easement vacation over a year ago, but has not
finalized all of the required conditions. The applicant has now requested approval of an
amendment to the previously approved plan. Staff has conducted a preliminary review and
determined the application is incomplete for review at this time and has requested additional
information. When this information is submitted, staff will schedule the request for a Public
Hearing with the Planning Commission.
D) Marx Conservation Design Subdivision — 2700 and 2900 Parkview Drive — Wally Marx
has requested review of a CD-PUD Concept Plan for a subdivision which would allow a
density bonus and flexibility to lot size and setback requirements and place a portion of their
property into Conservation Easements. Staff has conducted a preliminary review and
determined the application is incomplete for review at this time and has requested additional
information. When this information is submitted, staff will schedule the request for a Public
Hearing with the Planning Commission.
E) J. Cavanaugh Plat — 805 Hamel Road — Joe Cavanaugh has requested subdivision of his
property into three single-family lots at the southwest corner of Hamel Road and Pinto
Drive. Staff has conducted a preliminary review and determined the application is
incomplete for review at this time and has requested additional information. When this
Planning Department Update
Page 1 of 2 December 7, 2010
City Council Meeting
information is submitted, staff will schedule the request for a Public Hearing with the
Planning Commission.
F) Appeal of Administrative Decision — 2590 Keller Road — The City Council heard the
property owner's and contractor's appeal of the denial of a permit to construct a pair of
4'x4' monuments within the City right-of-way adjacent to 2590 Keller at the January 5
meeting and adopted a resolution ordering the removal of the improvements on February 3.
Staff provided an additional notice, and the monuments have not been removed. Staff is
discussing potential actions.
G) Hennepin County PUD Amendment — 1600 Prairie Drive — The Council approved the
amended PUD agreement at the October 5th meeting, but Hennepin County did not proceed
with the project prior to the November 18 deadline.
H) Fortuna Farms Plat — 1425 Tamarack Drive — the Council approved the preliminary plat
resolution on November 22, 2010. Staff will await an application for final plat.
I) Hunter Ridge Farm Plat — 1382 Hunter Drive — the Council approved the preliminary plat
resolution on October 19th. Staff will await an application for final plat.
J) Bradley Leawood 3rd Addition Plat — 3415 Leawood Drive — the City Council approved a
resolution for preliminary plat on July 6. The City will await an application for final plat.
K) Wrangler's Restaurant — 32 Hamel Road — the Council approved resolutions at the July 21
meeting. Staff has been in contact with the applicant regarding recording of the plat and
requirements for submitting building permits. The City Council granted until March 10,
2011 for the applicant to final the plat.
Additional Projects
A) Zoning Enforcement (general) — staff is responding to complaints of outside storage of
"junk" on Deerhill Road and parking boats on vacant property in Independence Beach.
B) Zoning Enforcement (Hamel Station tree removal) — the City Council approved the
agreement with the developer related to the remediation of the violations of the tree
preservation ordinance and the shoreland overlay district. The applicant reported that
plantings have been installed, and staff attempted to complete a site inspection. The
plantings on -site differed significantly from the remediation plan. Staff is attempting to
obtain a list of actual plantings in order to review to see if the substitutions were acceptable.
C) Municipal State Aid (MSA) mapping — The City Council adopted a resolution establishing
the City's MSA Streets on November 22, and staff is now completing the "needs analysis"
which will determine the exact level of Aid which will be received.
D) Housing Action Plan — the City Council reviewed the Plan at the November 22 meeting and
directed staff to make a number of changes. These changes have been made and the Plan
submitted to the Metropolitan Council.
E) Active Park Study (Area 1) — the Park Commission completed a Park Study for potential
future parks in the vicinity of Highway 55 and Arrowhead Drive during the summer. Staff
has finalized the Study and will present it for City Council review at the December 7
meeting.
F) Facilities Study — staff has been assisting the study of the building on Clydesdale Trail,
especially related to zoning requirements and site analysis.
Planning Department Update
Page 2 of 2 December 7, 2010
City Council Meeting
1 CITY OF MEDINA PLANNING COMMISSION
2 Draft Meeting Minutes
3 Tuesday, November 9, 2010
4
51. Call to Order: Commissioner Charles Nolan called the meeting to order at 7:00 p.m.
6
7 Present: Planning Commissioners, Victoria Reid, Robin Reid, John Anderson,
8 Kathleen Martin, Kent Williams, Charles Nolan and Beth Nielsen.
9
10 Absent: none
11
12 Also Present: City Planner Dusty Finke
13
14 2. Public Comments on items not on the agenda
15
16 No public comments.
17
18 3. Update from City Council proceedings
19
20 Council member Weir presented.
21
22 4. Planning Department Report
23
24 Finke gave Planning update.
25
26 5. Approval of October 12, 2010 Planning Commission meeting minutes
27
28 Motion by Nielsen, seconded by Anderson to approve the October 12, 2010 minutes
29 with recommended changes. Motion carried unanimously. (Absent: None)
30
31 6. Public Hearing — JoAnn Reiser Wahlfors and Elizabeth Ringer of 1525 and 1700
32 Deer Hill Road (PID #26-118-23-22-0001; 27-118-23-11-0002; 27-118-23-14-0003)
33 request a Comprehensive Plan Amendment from Rural Residential to
34 Agriculture and a Rezoning from Rural Residential to Agricultural Preserve.
35
36 Finke presented the application, explaining two property owners on Deer Hill Road
37 made the application. He explained the following two necessary actions: A
38 Comprehensive Plan Amendment to re -guide properties and a Rezoning of the
39 properties.
40
41 Martin asked about the property to the north and NW and what their current uses
42 were. Finke stated the property to the north is rural farmed property and the property
43 to the NW is primarily pasture and has wetlands. Martin asked if the City currently
44 had three Ag Preserve properties within the City. Finke said yes.
45
1
1 Williams asked if 1700 Deer Hill Road was two parcels and if they have to combine
2 them to meet our 40 acre requirement. Finke explained the decision is to determine if
3 the properties should be zoned Ag Preserve, and if so, City staff would recommend a
4 condition that the lots be combined to meet the 40 acre requirement.
5
6 V. Reid asked if the application was approved would there be any prohibition of
7 cutting down trees and planting crops. Finke said it's a matter of interpretation. He
8 said it is a staff concern.
9
10 V. Reid asked if the tree regulations could be relaxed. Finke explained it's a difficult
11 area of interpretation as it relates to trees and the Ag Preserve zoning.
12
13 V. Reid asked if Ag Preserve zoning was a State Law. Finke said yes.
14
15 Anderson asked if an applicant was zoned Ag Preserve does the applicant have to
16 approach the City to cut down trees. Finke explained if significant trees were being
17 cut down without asking, the City would more than likely place a stop work order on
18 the property. Once the situation is reviewed it would be determined how many trees
19 would be allowable for removal or review a replacement plan.
20
21 Nielson asked how long ago the two properties to the north were rezoned to Ag
22 Preserve. Finke said they were rezoned around the year 2000. Nielson asked if the
23 applicant was receptive to combine the two parcels. Nolan said it would be discussed
24 during the public hearing.
25
26 Nolan asked if this was a voluntary program. Finke said the City could identify
27 properties that are eligible for Ag Preserve or the City could or can wait for property
28 owners to request and go through the process. Nolan said he had never heard it
29 discussed in the past. Weir explained the Council came to a consensus that the
30 request for zoning to Ag Preserve wouldn't happen very often and the decision was to
31 require land owners to request the change. She acknowledged it preserved the rural
32 character of the property. Nolan summarized that rezoning to Ag Preserve was a
33 voluntary process instead of an imposed requirement.
34
35 Weir explained the trees at 1700 Deer Hill Road were mainly buckthorn and not high
36 quality trees. R. Reid asked what happens if the property changed hands. Finke
37 explained it is recorded on the property and goes with the sale of the land.
38
39 Finke further explained that the City's Policy has been to respond to Ag Preserve
40 requests rather than mandate the zoning. The City tends to be more reactionary.
41 Nolan asked what the dollar impact to the City would be if a property was rezoned to
42 Ag Preserve. Finke said it's complicated, but generally speaking it would be a three
43 quarter reduction in property taxes. He said Green Acres has a very similar benefit
44 from year to year.
45
2
i
1 Finke said 1525 Deer Hill Road was listed under Green Acres. Nielson asked if Deer
2 Hill Road was scheduled to be upgraded and if so, would they be able to get around
3 assessments. Finke said the road is not identified for improvements, but Tamarack
4 Drive would be in the future and these two properties would have an indirect impact.
5
6 Public Hearing opened at 7:41 p.m.
7
8 Nielson asked Ringer if they would be open to combining their lots. Ringer said if it
9 was required she would be, in fact she had always pictured them as one lot.
10
11 Williams inquired how long they had been farming it. Ringer responded that they
12 had been farming it since 2002 and they had expanded into the buckthorn area.
13
14 V. Reid inquired if the tax benefit was one of the reasons for the request. Ringer
15 responded that conservation was her primary goal, but the tax benefit certainly
16 helped.
17
18 Jack Wahlfors said he thought it was much easier to put the property into Ag Preserve
19 and let his family decide what to do with it after he is gone. He said he has been
20 raising raspberries for 35 years and people always ask what is going to happen after
21 he is gone. Jack said he'd like to think his son would continue to grow raspberries.
22 He said one of the benefits of Ag Preserve was the property would be preserved. He
23 stated that he had some strawberry seeds that are specially designed to grow in the
24 woods. He said he sees his property as an island into the past. If everything worked
25 right, hopefully his island would still exist in 25 years. He further said Medina is
26 unique and his property is a benefit, just the same way a park is a benefit.
27
28 Weir inquired when Wahlfors had served on the Planning Commission. Wahlfors
29 thanked the Planning Commissioners for their service and explained that he had sat
30 on the other end from where he was now and knows how hard it is to be a Planning
31 Commissioner. He explained he went to an estate sale one time after serving on the
32 Commission and the person there said he had asked the City for something in the past
33 and had to go before the Planning Commission and knew he would be denied.
34 However, he had supported the applicant and dug his heals in and convinced the other
35 six Commissioners to approve it.
36
37 Seth Hoyt stated that Ringer is entirely too humble about her farm. He has seen the
38 farm in operation, and is greatly impressed with what is produced. He said it is a
39 terrific asset to the City.
40
41 Nielson asked if there was a fear of increased traffic as the area grows busier.
42 Hoyt responded that he hadn't thought about it, but wasn't concerned. He said other
43 existing agricultural uses generate more traffic than their use.
44
3
1
1 Betty Turnham, 1512 Deer Hill Road, said she has lived near the properties for a long
2 time and felt privileged to live near them. She said the area is beautiful and she hopes
3 it stays that way.
4
5 Nolan said he believes these families are why he moved into Medina. He said their
6 passion and heart are in the right place and their motive is not to dodge taxes.
7 Nielson stated that she appreciated the neighborly support because that is usually not
8 how it goes. Martin and R. Reid concurred.
9
10 Martin stated she is not concerned about the regulatory restriction, because the
11 property is already farmed. If the City would enforce its regulations there would be a
12 strong record that it is reasonable to farm the property with the trees as they are.
13
14 V. Reid stated she has some concern of a future land owner being able to come in and
15 clear cut in order to row crop.
16
17 Nolan stated that while there are difficulties to restrict the property, he does not
18 believe the decision being made tonight sets a precedent. The City will make case -
19 by -case decisions in the future if there are higher quality woods on a property and the
20 City may make a different decision.
21
22 Anderson echoed the comments of the other Commissioners. His one concern is the
23 other property owners who may wish to come in.
24
25 Williams stated that it is a good natured request and is in support of the application.
26
27 Public Hearing closed at 7:56 p.m.
28
29 Motion by Williams, Seconded by R. Reid to recommend approval of the
30 Comprehensive Plan Amendment from Rural Residential to Agriculture and
31 Rezoning from Rural Residential to Agricultural Preserve for the properties located at
32 1525 and 1700 Deer Hill Road.
33
34 Nolan suggested a friendly amendment to add a condition that 1700 Deer Hill Road
35 be required to combine their two lots. General consensus was to recommend this
36 condition as well.
37
38 Motion carried unanimously. (Absent: None)
39
40 7. City Council Meeting Schedule
41
42 December 7, 2010 Council meeting — Nolan
43 December 21, 2010 Council meeting - Williams
44
45 8. Adjourn
46
47 Motion by Anderson, Seconded by Nielsen to adjourn the meeting at 8:06 p.m.
48 Motion carried unanimously. (Absent: None)
4
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: December 9, 2010
MEETING: December 14, 2010
SUBJ: Discussion: Planning Commission 2011 Goal Setting
Background
During January of 2011, the City Council will hold a Goal Setting Workshop to set priorities for
the coming year. Over the past two years, the City has been working on a "Workplan" of zoning
regulation revisions which were necessary to implement the 2010-2030 Comprehensive Plan.
In addition to these changes which were required in order to be consistent with the Comp Plan,
the City has identified a number of other regulations which may need to be studied and possibly
amended. The City's zoning and subdivision regulations were adopted in 1978-1980 and many
sections have remained unchanged even as the City changed significantly over that time.
Staff is seeking opinions from Planning Commissioners related to how these remaining subjects
should be prioritized. All of the work cannot be completed in 2011, so staff is interested in
which Commissioners see as the most important.
The Work Plan is attached for informational purposes. Many of the ordinances previously
adopted took 2-3 months, and some even longer, to be reviewed. Many of the remaining
ordinances are more technical in nature, which may speed up the public review process.
When reviewing the Workplan, the ordinances in the left column which are not highlighted have
already been adopted. The black highlighted subjects were newly added over the past year.
Goal Setting/Priority Setting
Following is a quick description of the subjects which have been identified for potential research
and amendment. They are generally ordered in priority which staff has been considering. Staff
will add additional subjects recommended by the Commission as well. Commissioners may
wish to number the items to provide direction on how to prioritize.
2008 Workplan:
1. Stormwater/LID ordinance — the City needs to formalize regulations for stormwater in
order to implement the updated SWMP and to protect water quality.
2. Parking Regulations — parking requirements have remained largely unchanged since
1980 and should be updated.
3. Sign Ordinance — sign regulations were based on zoning districts, and now that there are
a lot of new districts, these need to be updated. Additionally, staff has noted a number of
policy questions worth discussing.
Discussion: Page 1 of 2 December 14, 2010
2011 Goal Setting Planning Commission Meeting
4. Fences/Use of Easements Regulations — the City has no fence regulations and has also
been faced with many questions about the ability of homeowners to put improvements
(retaining walls, address monuments, etc.) within easements.
5. Subdivision Ordinance — the City's subdivision procedures have remained largely
unchanged since 1980 and could be improved.
6. Wind/Solar Energy Regulations — City staff has noted an increase in "residential -scale"
wind energy generation and expects more requests with increased incentive programs.
7. Private Recreation, Institutional, Public/Semi-Public District standards — the City
changed land use classifications for golf courses, religious institutions, cemeteries, parks,
and government buildings. Staff believes these regulations could be improved, but
current districts are being utilized.
8. CUP/Variance/Site Plan Review procedures — the Planning Commission had discussed
updating a number of the processes by which Land Use Applications are reviewed.
Variances and non -conformity are especially important as a result of the recent Supreme
Court ruling.
9. Floodplain/Shoreland regulations — these overlay districts are likely out-of-date and
due for review.
10. PUD Ordinance
11. Lighting regulations — the existing lighting regulations are difficult to administer, and
City Council discussed needing better regulations for lighting which functions like
signage.
12. Tree preservation/landscaping — these regulations may require a review with all of the
new districts created, but staff believes they are adequate in the meantime.
13. Final "clean up" — as the City adopts ordinances, certain things in previous ordinances
will need to be updated. This will be the final step, and probably will include re-
organizing and re -numbering the Code.
Additional subjects added in 2010:
1. Frontage and flag lot regulations — the City discussed this issue in relation to the
Hunter Ridge Farm subdivision and creating lots without frontage on a right-of-way
2. Driveway regulations — staff has noted an inconsistency between the R-2 garage setback
(5 feet) and the required setback for driveways (10 feet).
3. Affordable housing plan — the City Council adopted a Housing Action Plan with regards
to supporting the creation of affordable and life -cycle housing in the City. The Council
discussed the potential of discussing incentives the City would consider providing.
4. Accessory dwelling units — the City allowed Accessory Dwelling Units, commonly
referred to as "mother-in-law apartments" in the new R-1 district. Staff believes it makes
sense to discuss adding these to the Rural districts if they are allowed on smaller lots.
5. Suitable soils — all of the recent rural subdivisions have contested the Hennepin County
Soils map. The DNR said that updated topography will likely not be available for at least
another year (2012).
Attachment
Work Plan
Discussion: Page 2 of 2 December 14, 2010
2011 Goal Setting Planning Commission Meeting
City of Medina
Official Contr ol Update
DRA FT Work Plan
December 9, 2010
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