Loading...
03-02-2021 - PC Limited MinutesCHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 2, 2021 CALL TO ORDER: Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Michael McGonagill, Laura Skistad, Eric Noyes, and Mark von Oven MEMBERS ABSENT: Doug Reeder STAFF PRESENT: Kate Aanenson, Community Development Director and MacKenzie Young-Walters, Associate Planner PUBLIC PRESENT: None. Chairman Weick reviewed guidelines for conducting the virtual Planning Commission meeting. PUBLIC HEARING: APPROVE PROPOSED ORDINANCE AMENDING CITY CODE CHAPTER 18 CONCERNING TREE SURVEYS AND CHAPTER 20 CONCERNING LANDSCAPING STANDARDS Associate Planner MacKenzie Young-Walters presented the item. In 2019 the City amended the subdivision ordinance to bring it into compliance with the Comprehensive Plan’s goal of promoting a healthy urban forest. This goal requires that subdivisions be planted with trees where no more than 30% are from one family, 20% from one genus, and 10% from one species. However, the portion of the ordinance that governs general landscaping standards was not amended to incorporate these standards. The proposal is to amend that section of Chapter 20 that the City uses to evaluate site plan landscaping standards and also buffer yard plantings to include the 30-20-10 standard which would remove a gap in the ordinance, bring it in line with the Comprehensive Plan, and reinforce what is required in Chapter 18 subdivision. The second component is the City subdivision ordinance which requires that, when developers come in for a subdivision request, they submit various documents, some of which pertain to environmental resources, such as wetland delineation. In the case of wetland delineation, the City requires it to be current within three years. However, the City does not have a concurrency requirement for tree inventories. If a project is on hold for more than three years, a new tree inventory would need to be submitted to reflect the existing conditions on the property. As years pass, trees will sometimes get sick, die, or grow bigger and reach thresholds where they need to be included in the tree inventory. The City should have the most current information possible to determine what trees need to be preserved, what canopy is present on the property, and what needs to be done to make sure it conforms to ordinance. The City Forester believes that a two- Planning Commission Minutes – March 2, 2021 2 year grace period is okay, the changes in a forest aren’t substantial enough that an older tree inventory isn’t accurate. Beyond two years, a tree inventory would need to be updated to have adequate information. The City proposes adopting a two-year standard for tree inventories to make sure they’re current. Commissioner McGonagill asked if it wouldn’t be simpler to make both periods of time three years. Mr. Young-Walters stated that urban forests change more quickly than wetlands. A catastrophic event, such as a tree disease, could wipe out a part of a forest over a two-year period. It is also less of a process to update a tree inventory. Wetland delineations have to go before the Board and there’s a certification process, whereas an updated tree inventory simply requires a certified arborist. Tree inventories also do not need to be new, just updated. Commissioner McGonagill asked about the cost of a tree inventory. Mr. Young-Walters stated that he didn’t know the cost but it would likely be variable based on property size and number of trees. Commissioner McGonagill asked about tree diversity. What if a homeowner wanted to plant only maple trees on their property? Mr. Young-Walters stated that a property owner could plant whatever they wanted on their property. This section of the ordinance does not apply to residential property but to site plan reviews and corporate landscaping. Tree diversity would come into play for medians, parks, or sub developments. Chairman Weick opened the public hearing. There was no public comment received prior to or during the meeting. Chairman Weick closed the public hearing. Commissioner Noyes moved, Chairman Weick seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending City Code Chapter 18 concerning tree surveys and Chapter 20 concerning landscaping standards. All voted in favor and the motion carried unanimously with a vote of 5-0. Commissioner Skistad recused herself from this item. PUBLIC HEARING: APPROVE AMENDING CITY CODE CONCERNING RECONCILING INTENT STATEMENTS AND USES FOR RESIDENTIAL LOW AND MEDIUM DENSITY (RLM), MIXED MEDIUM DENSITY (R-8) AND HIGH DENSITY RESIDENTIAL (R-12) ZONING DISTRICTS Planning Commission Minutes – March 2, 2021 3 Mr. Young-Walters stated that, during a periodic review of the City Code, staff noticed that the RLM, R-8, and R-12 zoning district intent statements did not match how the districts were described in the Comprehensive Plan and, in some cases, also did not align with the permitted uses and associated lot standards. Staff looked at what the Comprehensive Plan said was the goal for these districts, how it interfaced with land use guiding for these districts, what the district intent statement was, and then whether or not the permitted uses aligned. Staff found that, in the RLM district, there was confusion because the intent statement stated that it was a maximum density of 8 units per acre, however RLM is a district designed to be used for both land guided low density, which has a density range of 1.2-4 an acre, and for medium density which can go up to eight units per acre. Staff proposes removing the eight units per acre language so that it then refers to the land use guidance in the Comprehensive Plan to avoid confusion in the future. The intent statement for R-8 notes that single-family detached is a permitted use, however that is not included in the list of permitted uses. The Comprehensive Plan intends for R-8 to be a medium density district which features attached housing and very low-density apartments, maximum density of eight units an acre. When staff looked into the appropriate minimum lot size to hit the minimum four units per acre requirement, it brought the R-8 into conflict with RLM and the planned unit development residential standards. Staff recommends removing the reference to detached single-family which is not an appropriate use for a medium density district. The intent statement for R-12 lined up well with the Comprehensive Plan’s goal for this area, providing apartments at a density of 12 units an acre, but twin homes were listed as a permitted use. Lot size established for twin homes in that district wouldn’t allow it to meet the minimum eight units per acre requirement. Staff recommends removing twin homes from the list of permitted uses because it’s intended to be an attached and multifamily home district. Chairman Weick opened the public hearing. Mr. Young-Walters stated that one person had spoken to him concerning the impact on what was permitted in existing developments. The proposed changes would not affect existing developments and would not render any medium density into non-compliance. Chairman Weick closed the public hearing. Commissioner von Oven moved, Commissioner Noyes seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending City Code Chapter 20 concerning the RLM, R-8, and R-12 districts. All voted in favor and the motion carried unanimously with a vote of 6-0. Planning Commission Minutes – March 2, 2021 4 PUBLIC HEARING: APPROVE AMENDING CITY CODE CONCERNING INCREASING THE FINAL PLAT AND METES AND BOUNDS SUBDIVISION RECORDING TIMELINE TO 120 DAYS Mr. Young-Walters stated that the current City ordinance requires that final plats and metes and bounds subdivisions be recorded within 30 days or the approval can be revoked and rendered void. Situations may occur outside the applicants’ control which result in not being able to meet that deadline. Staff noted that every other permit, including variances, wetland alteration permits, interim use and conditional use permits, and site plans have a 120-day timeline. The proposed change would also allow an extension to the 120-day timeline from the City Council. Commissioner von Oven asked if these types of requests often come to the City Council. Community Development Director Kate Aanenson stated that the City Council typically gives an extension if there are extenuating circumstances. Commissioner von Oven asked if the Planning Commission could approve extensions rather than going to the City Council. Mr. Young-Walters explained that all types of timeline-based extensions are approved by the City Council. Chairman Weick opened the public hearing. There was no public comment received prior to or during the meeting. Chairman Weick closed the public hearing. Commissioner Randall moved, Commissioner McGonagill seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending City Code Chapter 18 concerning plat recording. All voted in favor and the motion carried unanimously with a vote of 6-0. NEW BUSINESS: Ms. Aanenson reviewed a continuation for the Lakes at Chanhassen project. As a requirement of the TIF district, this project must be deemed consistent with the Comprehensive Plan by the Planning Commission. Ms. Aanenson revisited elements of the project which demonstrated consistency with the Comprehensive Plan including: Planning Commission Minutes – March 2, 2021 5 • The location is at 1361 Lake Drive West, zoned PUD-R, guided for high density which is consistent with the Land Use Plan. • The site plan was approved by the Planning Commission and City Council. • TIF was requested and established after a study by the City Council for financing the density bonus/affordability for senior housing. 50 of the 110 units must meet the affordable housing criteria of 60% to meet the affordability component needed to get the TIF district. • The Comprehensive Plan states that projects within the MUSA area designate sufficient land to provide a wide spectrum of housing and development should be commensurate with the ability to provide services and provide housing for all. There must also be a balanced housing supply including rental housing, not all owner-occupied, which meet needs for different lifestyles. Staff has determined that the project does meet the standards of the Comprehensive Plan. Part of the requirements for the TIF district is that the Planning Commission affirms that it meets the intent of the Comprehensive Plan and the zoning ordinance. Ms. Aanenson stated that the next part of the process will include the Economic Development Authority holding a meeting before the City Council on March 8, 2021 where they will review the entire TIF plan and adopt a resolution which will go before the City Council. The City Council will hold a public hearing at its March 22, 2021 meeting where they will generate Findings of Fact on terms of the development agreement. Commissioner von Oven asked if all TIF requests went through these steps. Ms. Aanenson confirmed that all TIF requests went through the same steps. Commissioner von Oven asked if there was anything in the request that was subjective or doesn’t really fit the Comprehensive Plan. Ms. Aanenson stated this request was straightforward. Commissioner Skistad questioned using TIF for a new development. Her understanding was that tax increment financing was typically used for blighted areas. Ms. Aanenson stated that TIF can be used for blighted areas but also for affordable housing. Commissioner Skistad referenced a development a couple years ago. Is the requested project in a new TIF district? Ms. Aanenson stated that it was a modified TIF district. Planning Commission Minutes – March 2, 2021 6 Commissioner Skistad clarified that it would be adding another TIF building within the same area. She questioned taking out $5.5 million in bonds to subsidize the building. Ms. Aanenson clarified that the EDA would be discussing financial implications as part of their March 8, 2021 meeting. Commissioner Skistad asked if other senior housing were built on market rate without subsidizing with TIF. Ms. Aanenson stated that some senior housing projects have used TIF assistance in the past but the Planning Commission’s role was to look at the project from the perspective of the Comprehensive Plan. Chairman Weick asked if the EDA was relatively new. Ms. Aanenson stated that the EDA used to be called the HRA but it is actually just the City Council “wearing a different hat”. Resolution #2021-01: Commissioner McGonagill moved, Commissioner Randall seconded that the Planning Commission adopts a resolution affirming that the TIF District for the Lakes at Chanhassen development is consistent with the City’s Comprehensive Plan. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED FEBRUARY 2, 2021 Commissioner Skistad noted the minutes of the Planning Commission meeting dated February 2, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: REVIEW OF LEGAL OPINIONS Mr. Young-Walters reviewed two legal cases that highlighted points the Planning Commission may find interesting. They served as reminders that City staff is bound by how the ordinances are written, Findings of Fact are important, and that everything the Planning Commission says is public record that could be used in court. CITY COUNCIL ACTION UPDATE Ms. Aanenson reviewed that the Planning Commission had voted 4-3 to deny a variance for a historic property during their February 2, 2021 meeting. The City Council approved the variance at their February 22, 2021 meeting. Planning Commission Minutes – March 2, 2021 7 Ms. Aanenson noted the next Planning Commission meeting would be on Tuesday, April 6, 2021. Commissioner Skistad mentioned that she will attempt to attend the meeting via Zoom as she would be out of town. Ms. Aanenson asked Commissioner von Oven for information on the Planning Commission interview process. The newly appointed Commissioners would replace Commissioner Randall and Commissioner McGonagill. Commissioner von Oven stated that the interviews are going well and the next round of interviews will be held March 8, 2021. The Planning Commission thanked Commissioner Randall and Commissioner McGonagill for their service. ADJOURNMENT: Video audio was inaudible – possibly Commissioner McGonagill moved and Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 7:55 p.m. Submitted by Kate Aanenson Community Development Director