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Home My WebLink About10-14-09 PZMAPPROVED AS PRESENTED; 10-26-2009 City of Lake Elmo Planning Commission Meeting Minutes of October 14, 2009 Chairman Van Zandt called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Fliflet, Hall, McGinnis (7:03 p.m.), Pearson, Van Zandt, and Ziertman. Absent: Anderson, Van Erem, and Williams. STAFF PRESENT: Planning Director Klatt and Planner Matzek. Agenda Minutes: August 10, 2009 M/S/P, Pearson/Bidon, to approve as presented. Vote: 5:0. Abstentions: Bidon and Hall. Public Hearings: Wireless Telecommunication Tower Ordinance Planning Director Klatt identified that this item was previously discussed at length at the commission’s previous meeting, but another public hearing is being held as significant changes were made at that time. He briefly summarized the changes made. Commissioner Hall asked that “GET” be changed to “OET” under the Proof of Need section. Kyle went through Commissioner Williams email regarding suggested changes to text, most of which the commission was agreeable to. Garrett Lyziak with Owl Engineering said he thinks it may be too restrictive to require any tower over 100 feet to have at least two additional carriers. Planning Director Klatt identified that the City Council can waive that requirement. Commissioner Fliflet would like the Council to be informed that the intent of the increased height maximum was to allow fewer towers at a higher height. Planning Director Klatt said that he has also heard from the commission that the intent is to provide flexibility to allow a tower on a site which may minimize impacts. Commissioner Britz asked that the last few words of D on page one of the clean copy be replaced with “reasonably,” the section referenced in E(1) on page twelve should end with “.117,” and add words “radio frequency hazard analysis” to number fifteen on page 16 for clarification. Mr. Lyziak suggested adding the text “if any changes have been made to invalidate the previous report” for the yearly report required or a yearly report could be required, but would say that nothing has changed. Commissioner Pearson asked if lighted towers were permitted in the existing text. Lake Elmo Planning Commission Minutes; 10-14-09 APPROVED AS PRESENTED; 10-26-2009 Planning Director Klatt said it is not currently allowed, but would be under the new proposed text. Commissioner Pearson suggested leaving it as not permitted. Mr. Lysiak suggested adding text such as “a lighted tower will only be approved if no suitable alternative exists.” Commissioner Fliflet asked that the text be expanded to include “or if the lighting is shown to be too obtrusive of visually unpleasant, the tower will not be allowed.” THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:43 P.M. No one spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:43 P.M. M/S/P, Bidon/Hall, move to recommend approval of the document as written with the minor changes suggested. Vote: 8:0. Public Hearings: FEMA Floodplain Maps and Ordinance Revision Planning Director Klatt provided the commission with information on changes to the floodplain maps, which have been approved by FEMA. He asked the commission for direction on how to proceed with the floodplain ordinance revisions as the model provided by FEMA is structured differently and the city’s current ordinance is more restrictive. Commissioner Hall asked what changed to make the maps different from what was last approved. Planning Director Klatt said better technology, additional studies, watershed district data, and changes in hydrology were all utilized to increase the accuracy of the maps. Commissioner Fliflet suggested utilizing the sample ordinance, but having staff identify what the existing code says of that requirement so the commission can make a more informed recommendation. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:20 P.M. No one spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:21 P.M. M/S/P, Pearson/Fliflet, move to recommend utilizing the FEMA model ordinance as a basis for the revised City regulations. Vote: 8:0. Lake Elmo Planning Commission Minutes; 10-14-09 APPROVED AS PRESENTED; 10-26-2009 Business Item: Review of OP Buffer Setbacks Planner Matzek gave a brief history of why the commission was reviewing and making recommendations for buffer setbacks in existing open space preservation developments. She went through proposed buffer setbacks for seven developments: Whistling Valley III, Farms of Lake Elmo, Prairie Hamlet, Fields of St. Croix I, Fields of St. Croix II, Homestead, Tapestry at Charlotte’s Grove. M/S/P, Ziertman/McGinnis, move to recommend the buffer setbacks for Whistling Valley III be established at 100 feet from the West and South, 50 feet from the North, and 0 feet from the East. Vote: 8:0. M/S/P, Ziertman/Britz, move to recommend the buffer setbacks for Farms of Lake Elmo be established at 100 feet from the North and West, 50 from the South and East. Commissioner Hall said that he thinks it is important to buffer from public lands as they are utilized by all residents. Commissioner Fliflet said she would recommend a 25 foot setback from the East and a 50 foot Western setback to eliminate future variances. Commissioner Pearson asked how close someone could build to the park if they were not in this type of development. Planner Matzek said that although it would depend on the zoning district and which yard faced the park, it could be as close as ten feet. Amendment: Ziertman/Britz, move to recommend the buffer setbacks for Farms of Lake Elmo be established at 100 feet from the West and North, 50 feet from the South, 25 feet from the East. Vote: 6:2. Opposed: Fliflet and McGinnis. M/S/P, Hall/Ziertman, move to recommend the buffer setbacks for Prairie Hamlet be established at 200 feet from the North, 100 feet from the East, 50 feet from the South and West. Vote: 8:0. M/S/P, McGinnis/Pearson, move to recommend the buffer setbacks for the Fields of St. Croix I be established at 0 feet from the South, 200 from the West, 50 feet from the North, and 100 feet from the East. Vote 8:0. M/S/P, Bidon/Hall, move to recommend the buffer setbacks for the Fields of St. Croix II be established at 0 feet from the North and East, 200 feet from the West and South, and 0 feet from the exception parcels. Vote: 8:0. M/S/P, Fliflet/McGinnis, move to recommend the buffer setbacks for the Homestead be established at 50 feet from the North, South, and East; and 200 feet from the West. Vote: 8:0. Lake Elmo Planning Commission Minutes; 10-14-09 APPROVED AS PRESENTED; 10-26-2009 Lake Elmo Planning Commission Minutes; 10-14-09 M/S/P, Fliflet/Britz, move to recommend the buffer setbacks for the Tapestry at Charlotte’s Grove be established at 50 feet from the North, South, and East; 200 feet from the West, and 100 feet from the Exception Parcels. Vote: 7:1. Opposed: Bidon. City Council Updates Planning Director Klatt informed the commission that the revised landscape plan for St. Croix’s Sanctuary was approved by the Council. The City Council directed staff to work with the commission on reviewing and revising the code language for the storage of boats and trailers. He said at last night’s Council meeting, the Council expressed a desire to see an exterior furnace/wood burning ordinance with regards to where it would be allowed on a property; the commission may be involved with this. Planner Matzek said that the Council did approve a zoning text amendment allowing covered porches within a front yard setback with one minor change to a proposed definition. Planning Director Klatt suggested bringing information to the commission on a future agenda regarding previous discussions with the council regarding code enforcement. Adjourned at 9:28 p.m. Respectfully submitted, Kelli Matzek Planner