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PC Minutes 03-02-21Planning 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.