CITY OF WACONIA PLANNING COMMISSION AGENDA

Transcription

1 CITY OF WACONIA PLANNING COMMISSION AGENDA Regular Meeting of Thursday, November 1, 2018 Planning Commission City Hall 6:30 PM Waconia, Minnesota MEMBERS: Robert Grohmann, Steve Hebeisen, Dan Lesher, John Meisch, Nathan Vilmain ALTERNATE MEMBER: J.D. Ludford CITY COUNCIL MEMBER LIAISON: Jim Sanborn STAFF: Lane Braaten, Community Development Director Brenda Stein, Recording Secretary Ethan Nelson, Assistant Planner 1. Call meeting to order and roll call 2. Adopt Agenda 3. Minutes Approval from October 4, Pages New Business A. PUBLIC HEARING Draft 2040 Comprehensive Plan. Pages 9-16 B. PUBLIC HEARING Floodplain Ordinance. Pages C. PUBLIC HEARING Extra Territorial Subdivision Ordinance. Pages Other A. Staff Update Adjourn

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3 WACONIA PLANNING COMMISSION THURSDAY October 4, 2018 Pursuant to due call and notice thereof, a regular meeting of the Waconia Planning Commission was called to order by Chairmen Hebeisen at 6:30p.m. October 4, CALL MEETING TO ORDER. MEMBERS PRESENT: MEMBERS ABSENT: ALTERNATE: STAFF PRESENT: VISITORS: CITY COUNCIL LIAISON: Meisch, Hebeisen, Grohmann, Ludford. Vilmain and Lesher Ludford-present Braaten, Nelson, Wurst See attached sheet Jim Sanborn-present Braaten indicated that Twin Cities Orthopedics had provided two additional documents to look over regarding the upcoming sketch plan discussion. 2. ADOPT AGENDA: MOTION BY MEISCH, SECOND BY GROHMANN, TO APPROVE THE AGENDA AS PRESENTED. ALL PRESENT VOTED AYE. MOTION CARRIED. 3. APPROVE MINUTES: MOTION BY GROHMANN, SECOND BY MEISCH TO APPROVE THE MINUTES FOR THE SEPTEMBER 6, 2018 PLANNING COMMISSION MEETING. ALL PRESENT VOTED AYE. MOTION CARRIED. 4. NEW BUSINESS: A. PUBLIC HEARING-VARIANCE-MICHAEL AND AMY NEITZEL, 838 BEACH ROAD, WACONIA, MN. Nelson presented the variance application from Michael and Amy Neitzel. The request was to allow improvements that encroach within the 30 minimum rear yard setback and exceed the 35% impervious surface maximum. The applicant is requesting approval to construct a porch addition with a 27.9 ft. rear yard setback and to allow a 44.1% impervious surface maximum on the subject. Nelson explained the site conditions, displaying pictures along with describing the improvement locations. Nelson mentioned several aspects of this variance by showing a site survey the City had on file. The survey does not show the extended driveway or other impervious surface items. Below is a list of considerations that Nelson reviewed with the Planning Commission members. -The principal structure was approved via a building permit on July 17 th, According to the Certificate of Survey and subsequent staff review, the proposed plans were likely in conformance with the 35% impervious surface maximum when reviewed and approved by the City. -Access driveways for single-family dwellings shall not be less than 12 feet nor more than 24 feet wide measured along the property line between curb faces of the driveway. The existing driveway is 35.8 ft. wide at the curb. Staff recommends a reduction in the width to meet this City ordinance requirement. -The DNR requested that the Planning Commission consider whether the request and conditions meet the statutory criteria for granting a variance, in addition to providing the Shoreland & Floodplain variance guidelines for review. -If considering approval of the requested variance, staff recommends the consideration/requirement of storm water mitigation techniques such as permeable pavers, rain gardens, buffers, etc. that have been required in various other variance approvals. 1

4 -It looks like the property owner may be maintaining a portion of the City s stormwater pond property, which has resulted in some natural vegetation being removed. The members should consider requiring restoration in this area subject to the review and approval of the Public Services Director. Nelson displayed pictures of the proposed deck and porch and explained the variance criteria to the Commission. Summary: Proposed 252 sq. ft. porch attached to the principal structure in the rear yard ft. versus the minimum 30 ft. rear yard setback in the R-1 Single Family District. 44.1% Impervious surface versus the 35% maximum allowed in Legacy Village. Ludford asked if the deck is also a part of this application, Nelson stated that the deck is not part of the impervious surface calculations and the proposed deck meets setback requirements. Hebeisen inquired about the 24 foot wide driveway standard. Nelson explained that the requirement is measured at the curb. Grohmann wondered how the plan got approved at the 36 feet in which Nelson explained that there is no approval for the driveways and it was not shown on the site survey. Meisch inquired about the DNR report and the amount of impervious surface. HEBEISEN OPENED THE PUBLIC HEARING. Michael and Amy Netzel, 838 Beach Road. - Home owners did not realize that the driveway was not in compliance. - They will do whatever it takes to be in compliance. - Explained the aggregate patio under the sun room. MOTION BY GROHMANN, SECOND BY LUDFORD TO CLOSE THE PUBLIC HEARING. ALL PRESENT VOTED AYE. MOTION CARRIED. Hebeisen asked about the site survey not showing all the impervious surface from the beginning. Nelson stated at the time it appeared that all requirements were met. Ludford wondered about the construction plans submitted by the builder in regards to the City s review. Hebeisen asked if a reduction of the patio area and driveway could bring the impervious down enough to satisfy the Commission. Nelson stated that he could scale it out and come up with the percentage. Amy Neitzel, the applicant, calculated the amount of impervious by taking out 70 feet of the driveway and the patio which would bring the impervious calculation around 40% impervious. Braaten reconfirmed it would be reasonable to allow improvements on the property, but would like to see the impervious reduced. The application could be tabled, a revision to the plan submitted or recommend approval to have the homeowners modify it to a certain percentage. Ludford ask if the setback refers to the footings or the structure. The answer is from the closet face of the building to the property line. Hebeisen stated that it seems reasonable to make the patio permeable and work on lowering the impervious through reductions in the driveway. Meisch and Ludford agreed with Hebeisen. 2

5 Braaten summarized what he heard, indicating that the Commissioners recommendation is to get the impervious surface to 40% or below. The options to lower the impervious are the patios, walkways and driveways. Grohamnn added that the intent is always to maintain or reduce and his recommendation would be to get back down to what it was before which was 43.7%. This would also include striking recommendation number 1 under the recommended conditions of approval. MOTION BY HEBEISEN, SECOND BY MEISCH TO APPROVE THE VARIENCE REQUEST TO INCLUDE THE RECOMMENDATIONS LISTED BELOW WITH AN ADDITION OF KEEPING THE IMPERVIOUS BELOW 40% WITH A RESUBMITTAL TO SHOW AS SUCH PRIOR TO THE REVIEW BY THE CITY COUNCIL ON OCTOBER 15 TH. 3-1 VOTE IN FAVOR. MOTION CARRIED. 1. The driveway access shall not be less than 12 feet nor more than 24 feet wide measured along the property line between curb faces of the driveway. 2. The applicant shall submit a stormwater management plan for review and approval by City staff and the Planning Commission, which restores the buffer areas that have been maintained, removes excess impervious surface area from the existing driveway and improves certain impervious surface areas with pervious paver type surfaces to mitigate the excess impervious surface on the property. 3. The total impervious surface shall not exceed 40% of the total lot area. Permeable surfaces shall be reviewed to the satisfaction of the City Engineer and Public Services Director. B. PUBLIC HEARING INTERLAKEN VILLAGE 2 ND ADDITION PRELIMINARY AND FINAL PLAT APPLICATION FOR THE PROPERTIES LOCATED AT 824 AND 836 MAIN STREET EAST, WACONIA, MN The applicant, Waconia Interlaken OVA, LLC, submitted preliminary and final plat applications, which propose to subdivide the properties located at 824 Main Street East and 836 Main Street East into one commercial parcel and two outlots. The plat is titled Interlaken Village 2 nd Addition. Braaten displayed the location of the Preliminary and Final Plat and surrounding area. This Preliminary and Final Plat meets all lot sizing and zoning requirements. There are no concerns with outlot sizing. Park dedication is required as a part of the original Interlaken Village development so they will pay the cash in lieu of the land. Interlaken Village included a trail and sidewalk plan. The external and Target Site have been completed to date. Future development of properties within Interlaken Village 2 nd Addition shall meet City pedestrian and trail requirements. Utilities and storm water have been reviewed by the City Engineer and Public Services Director. As a condition the City Attorney requested the City include a condition requiring the property owners of Outlot A and Outlot B to execute an amendment agreement for Interlaken Village stating that those outlots stay with the obligations of the original Interlaken Village Developers Agreement. Braaten presented and explained the overall development of the original approved Plat. MOTION BY HEBEISEN TO OPEN THE PUBLIC HEARING. MOTION BY GROHMAN, SECOND BY LUDFORD TO CLOSE THE PUBLIC HEARING. ALL IN FAVOR VOTED AYE. MOTION CARRIED. 3

6 MOTION BY GROHMAN, SECOND BY MEISCH TO APPROVE THE INTERLAKEN VILLAGE 2 ND ADDITION, PRELIMINARY AND FINAL PLAT APPLICATION FOR THE PROPERTIES LOCATED AT 824 AND 836 MAIN STREET EAST WITH THE FOLLOWING RECOMMENDED CONDITIONS OF APPROVAL WITH THE ADDITION ON THE NUMBER 11 TO STATE THE CITY ATTORNEY WILL DRAW UP AN AMENDMENT AGREEMENT ASSOCIATED WITH OUTLOTS A AND B. 1. The Interlaken Village 2 nd Addition Preliminary and Final Plats shall be completed as approved and as conditionally revised by the Planning Commission and the City Council. 2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3. The applicant shall obtain, if necessary, Carver County Water Management Organization (CCWMO) approval and permitting for erosion control and storm water management. A copy of any approvals or permits shall be submitted prior to any land disturbing activities. 4. The applicant shall obtain, if necessary, a General Construction Stormwater Permit (NPDES) from the Minnesota Pollution Control Agency and submit a copy to the City prior to any land disturbing activities. 5. All indirect costs related to the permitting, review, and plans associated with engineering and administrative costs shall be paid by the applicant/owner. 6. The easement, watermain, sanitary sewer, grading and storm water issues shall be resolved to the satisfaction of the City Engineer and Public Services Director prior to the issuance of a building permit for the Interlaken Village 2 nd Addition development. 7. Compliance with applicable items contained in Chapter 1000 of the City of Waconia Subdivision Ordinance. 8. The future development of Outlot A and Outlot B, Interlaken Village 2 nd Addition shall require Site Plan and Design Review at a minimum, and depending upon the proposed improvements may require modifications/amendments to the Interlaken Village developer s agreement or approval of another developer s agreement. 9. The applicants shall work with City staff to resolve the addressing and street name issues prior to the recording of the Interlaken Village 2 nd Addition Final Plat. 10. The applicant shall be required to pay $5,000 per gross acre for park dedication as stated in Chapter 1000 of the City Code prior to the issuance of any building permits for Interlaken Village 2 nd Addition. 11. Execution of an Amendment Agreement for Interlaken Village for Outlots A and B. ALL IN FAVOR VOTED AYE. MOTION CARRIED. C. SITE PLAN AND DESIGN REVIEW TWIN CITIES ORTHOPEDICS, 824 MAIN STREET EAST, WACONIA, MN Braaten explained the location of the subject parcel and indicated that the property is currently zoned B-1, Highway Business District. Medical related clinics/uses and offices are permitted uses in the B-1 zoning district. The applicant, Twin Cities Orthopedic, has submitted a Site Plan and Design Review application proposing the construction of an 18,938 square foot sports performance building within the Interlaken Village commercial development. Additionally, they are seeking approval of not only the initial building, but a future 18,821 square foot phase/expansion on the site. Braaten explained that access to the subject parcel will be off of Target entrance. Further, the proposed landscaping meets all requirements except some of the trees need to be upsized to meet the minimum sizing requirements stated in City Code. The proposed building meets all setbacks, impervious surface requirements, equipment screening requirements, off street parking requirements and pedestrian access requirements. Grading, drainage and utilities have been viewed by Public Services and City Engineer stating these requirements are in compliance. 4

7 Braaten explained the proposed building materials and a revised material plan indicated that all the design standards have been met. The City approved a Sign Plan for the Interlaken Village commercial development, which is how the Target monument sign is located in its current location. The applicant is aware that any modification to the Sign Plan requires review and approval by the City. Aaron Johnson, TCO Chief Operating Officer, commented and gave a brief update on the project, the site, services offered and hours. MOTION BY MEISCH, SECOND BY GROHMANN TO APPROVE THE SITE PLAN AND DESIGN REVIEW FOR TWIN CITES ORTHOPEDICS, 824 MAIN STREET EAST, WACONIA, MN WITH THE RECOMMENDED CONDITIONS OF APPROVAL LISTED BELOW. 1. The proposed improvements shall be completed as approved and as conditionally revised by the Planning Commission and the City Council. 2. All applicable permits are applied for by the applicant with all supporting documentation and issued prior to the start of construction. 3. The applicant shall work with the City Engineer to revise the grading, drainage and utility information to the satisfaction of the City prior to any work commencing on site. 4. The applicant shall provide the City with a letter of credit to guarantee the proper installation and growth of the approved landscape plan. The letter of credit shall be submitted by the developer prior to obtaining a building permit that is equal to the amount of the required landscaping to be installed in phase 1 of the project. The letter of credit shall be held by the City and must cover one full calendar year subsequent to the installation of said landscaping and must be conditioned upon complete and satisfactory implementation of the approved landscape plan. A subsequent landscaping letter of credit will be required for phase 2 prior to building permit issuance and must also meet the minimum requirements stated above. 5. All indirect costs with the building permit, review, and final plans associated with engineering and administrative costs shall be paid by the applicant/owner. 6. The applicant shall revise the final landscape plan in conformance with the City Ordinance requirements. Specifically, the applicant shall comply with the minimum tree sizing stated in City Code. 7. The site plan shall be revised to show pedestrian ramps in all locations where sidewalk connects to streets or parking lots and long the accessible route, crosswalk striping between sidewalk connections at the entrance to the property, and pedestrian ramps shall be added to the internal sidewalk system. Additionally, a sidewalk connection shall be planned for to cross to the east side of the entrance road near the northerly connection of the entrance road to the proposed parking lot. 8. All future signage shall require a sign permit from the City of Waconia. Future monument signage may require an amendment to the Interlaken Village Sign Plan, which requires City Council approval. 9. All future exterior mechanical equipment shall be screened in conformance with City Ordinance requirements. 10. Written verification from the property owner of 836 Main Street East indicating their approval and acceptance of the proposed lighting plan is necessary. Further, light poles and standards shall not exceed 35 feet. 11. The applicants and property owners of Outlot B, Interlaken Village 2 nd Addition shall execute and record a cross access easement/agreement to insure legal vehicular access to the subject property. 5

8 12. The Fire Chief shall review and approve the final plans for any required fire access lanes and hydrant placement prior to work commencing on the site. 13. The applicant shall contact the City Planning Department for a final site inspection when all conditions of approval regarding this application have been completed. 14. The City Council shall approve the Interlaken Village 2 nd Addition preliminary and final plat applications. 15. Execution of a Developer s Agreement. ALL IN FAVOR VOTED AYE. MOTION CARRIED. D. SKETCH PLAN 1330 & 1340 WACONIA PARKWAY SOUTH, WACONIA, MN GOLDEN VALLEY LANE COMPANY The City has received a Sketch Plan Application from Peter Knaeble with Golden Valley Land Company to discuss with the Planning Commission the possible future development of the properties located at 1330 & 1340 Waconia Parkway South. Submittal of a Sketch Plan allows possible developers to provide a concept plan to the Planning Commission to receive feedback on a potential project to determine any conflicts prior to submittal of any future applications such as Preliminary Plat, Comprehensive Plan Amendments, Zoning Map Amendments, Annexation, etc. Braaten displayed the location of the parcels along the west side of the community and the surrounding areas. Kevin Tempin with Civil Site Group gave a brief overview. The development area is broken up into 4 phases. It is anticipated that the bottom half of the property would be the first two phases of development. Discussions took place regarding trails, parks, road ways, traffic flow and access points. SKETCH PLAN ANALYIS: The applicant has submitted a sketch plan for the 150+ acre site located on the west side of the community and addressed as 1330 & 1340 Waconia Parkway South currently in the township. The concept plan includes the following: overall residential units 2. Four phases of development 3. A range of single-family housing sizes and parcels sizes. a. 75 ft. wide lots generally within the Burandt Lake Shoreland Overlay District and the Carver Creek tributary buffer. Quantity = 60 parcels. b. 65 ft. wide lots basically located throughout the middle of the development, this lot size is similar to the typical single-family residential parcels we have seen platted as part of areas like Crosswinds. Quantity = 140 parcels. c. 50 ft. wide lots located within the south and west areas of the proposed development, this lot sizing is similar to a number of the smaller parcels in the Somerwood Cottages development. Quantity = 94 parcels. d. 40 ft. wide lots located along the western edge of the development, this lot sizing is d approximately 125 feet deep with 5 ft. side yard setbacks. Quantity = Street layout 5. Trail connections 6. Park and Open Space improvements 7. Possible stormwater ponding locations A representative from M/I Homes described the home styles for each of the lots as describe above. Commissioners asked about traffic levels, access points, traffic studies and additional roundabouts. 6

9 The Golden Valley Land Company Sketch Plan does not require review or consideration by the City Council. The Sketch Plan practice is a Planning Commission process to allow informal review of a potential development and to discuss possible modifications necessary to secure future approval of the plan. Positive feedback was given by Planning Commission members, indicating the different types of residential homes were consistent with the goals and policies of the Comprehensive Plan. STAFF UPDATES: -Ross Reichenbergers, 304 East Main Street. As of the date of the meeting the Council has not made a formal action regarding this application. The Council will have to take action by the December 3 rd, 2018 meeting to insure the application is reviewed within the required timeframe. -Comprehensive Plan Public Hearing is scheduled for the November 1 st, 2018 Planning Commission Meeting. -Tom Kurtz, 308 Lake Street West. Nelson explained the minor alterations to the approved variance. He indicated that proposed project was more in conformance with City Ordinance requirements than the original approved submittal. This plan shows a decrease in the impervious area. Commission members were agreeable to the revisions. WORK SESSION TO BE HELD AFTER TONIGHTS PLANNING COMMISSION MEETING REGARDING THE COMPERHENSIVE PLAN. THERE BEING NO FURTHER BUSINESS, MOTION BY MEISCH TO ADJOURN AT 8:15 PM, SECOND BY GROHMANN. ALL PRESENT VOTED AYE. MOTION CARRIED. Respectfully submitted, Brenda Wurst Recording Secretary 7

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11 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: November 1 st, 2018 Item Name: PUBLIC HEARING City of Waconia 2040 Comprehensive Plan Update Originating Department: Planning and Zoning Presented by: Lane L. Braaten, Community Development Director Previous Commission Action (if any): Item Type (X only one): Consent Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Open public hearing. Motion to close the public hearing. Recommend Approval or Denial of the proposed City of Waconia 2040 Comprehensive Plan update. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) BACKGROUND: All cities, counties, and townships within the seven-county metropolitan region are required to prepare a comprehensive plan and update that plan as needed every 10 years. The plans of each jurisdiction in the seven-county area build upon the regional planning vision of the Metropolitan Council. Our local plan is required to reflect regional policies while at the same time identifying important local goals and objectives. Local plans are required to include specific content areas called Plan Elements, which consist of Land Use, Transportation, Water Resources, Parks & Trails, Housing, Resilience, Economic Competitiveness and Implementation. Based upon the process described below and the requirements set forth by the regional planning authority, the Metropolitan Council, City staff is privileged to provide the draft 2040 Comprehensive Plan update for the City of Waconia. Due to the length of the document staff has provided a link to the document on the City s website. PROCESS: The City s receipt of the 2015 System Statement for the City of Waconia triggered our obligation to review and, as necessary, amend our comprehensive plan by December 31 st, The System Statement for Waconia included the community designation, forecasted population, households and employment through the year 2040, guidance of appropriate densities and affordable housing need allocation. Major Meeting Dates: June 20 th, 2017 Joint Meeting between the City Council and the Planning Commission to discuss the 2040 Comp Plan January 23 rd, 2018 Open House Land Use, Utilities and Transportation February 22 nd, 2018 Open House Parks & Trails, Housing Winter of Virtual Open House This process included meetings with the Planning Commission, City Council, the Parks and Recreation Board, the Commission on Aging, ISD110, Laketown Township, Waconia Township, the City of Victoria, Carver County, the Metropolitan Council, interested stakeholders and City staff. The numerous plan update work sessions with both the City Council and Planning Commission included updates regarding feedback from local citizens, stakeholders and other interested parties and affected jurisdictions. Further, the process included education and feedback at the two previous Nickle Dickle Days, the Business, Home & Family Expo, a 2017 Waconia Chamber of Commerce Luncheon, and meetings with a number of private property owners. 9

12 2040 COMPREHENSIVE PLAN SUMMARY: The draft 2040 Comprehensive Plan update for the City of Waconia includes all of the plan elements required by the Metropolitan Council while identifying, protecting and planning for the continued growth of the community. The plan is broken down into the following eight chapters: 1. Introduction and Summary 2. Community Profile 3. Land Use Analysis and Plan 4. Transportation Analysis and Plan 5. Parks and Trails Analysis and Plan 6. Water Resources Analysis and Plan 7. Housing Analysis and Plan 8. Plan Implementation Program When the City of Waconia set forth to update this plan, community leaders set as their challenge to continue the smart growth of the City while maintaining, and in some cases improving, the quality of the community. In addition, the leaders emphasized smart growth in the most cost-effective locations for the City. The 2040 Waconia Comprehensive Plan has responded to the community s challenge and direction by proposing selective refinements and additions to the pattern of land use, improvements to the roadway network, additions to the park, trails and open space systems, and enhanced protection of surface water and other major sensitive natural features. The plan provides a vision for the managed growth of the community as is doubles in population between 2018 and PUBLIC NOTICE/COMMENT: The notice was published in the WACONIA PATRIOT on October 18 th, 2018 and posted at Waconia City Hall. The written comments that have been received are attached to this report. Any additional public hearing comments will be forwarded to the Planning Commission upon receipt and a paper copy provided at the meeting. CONCLUSION / RECOMMENDATION The Planning Commission should hold the required Public Hearing, review all of the pertinent information, and make a recommendation to the City Council regarding the adoption of the City of Waconia 2040 Comprehensive Plan. ATTACHMENTS: Attachment 1: Public Hearing Notice (1 page) Attachment 2: Public Hearing Comments (4 pages) 10

13 CITY OF WACONIA, MN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Waconia, MN, will hold a public hearing on November 1 st, 2018 at 6:30 p.m., at the Waconia City Hall, 201 South Vine Street, Waconia, MN, to consider recommending approval of the City of Waconia 2040 Comprehensive Plan. Pertinent information pertaining to the 2040 Comprehensive Plan update is available on the City s website or at City Hall. Interested persons may submit written or oral comments pertaining to this matter any time prior to the hearing, or at the hearing on November 1 st, Written comments will be distributed to the Planning Commission for review and consideration. Please submit written comments by mail, or in person as follows: Mail/in person: Attention: Lane L. Braaten, 201 South Vine Street, Waconia, MN lbraaten@waconia.org By: WACONIA PLANNING COMMISSION ATTEST: Lane L. Braaten, Community Development Director (Published in the Waconia Patriot October 18 th, 2018) 11

14 October 14, 2018 City of Waconia Lane Braaten Planning Commission 201 S. Vine Street Waconia, MN Via Re: Comments to Proposed 2040 Comprehensive Plan Dear Mr. Braaten and Planning Commission Members: My name is Preston Fox, Chief Manager of Song River Holdings, LLC. I was in front of the City a few years ago requesting an amendment to the Comprehensive Plan to add the westerly portion of the Song River property into the Comprehensive Plan, and to decrease the guided density for the overall Song River property. At that time, 2 out of 5 City Council members said it was not the right time, while 3 out of 5 voted in favor of our proposed amendment. As suggested, we have patiently waited for the updates to the Comprehensive Plan, and we wanted to provide comments on the suggested revisions to the 2040 Comprehensive Plan. We feel the westerly portion of the Song River property should be added to the Comprehensive Plan as low-density residential. It only makes sense given the development to the north and the availability of utilities. Nowhere in the proposed Comprehensive Plan can you find any property that would fit the development of larger, custom home lots. There is no place for families to move to once they ve out grown their starter home and dream of building something more. Everything is either built-out or designed for development for the large, national builders, whose lot size keeps getting smaller and smaller. And as we all know, the larger, national builders keep consolidating and getting fewer and fewer. We want to provide an option for custom home lots. Lots that can be purchased by local community members, and built upon by local contractors using local resources. This is an option that is right for Waconia and right for the Comprehensive Plan right now. We spent several months working with the City to put together a viable plan to develop all of the Song River Property, and know that the project would work and be successful. Please include all of the Song River property within the 2040 Comprehensive Plan, and provide viable housing options for current and future Waconia residents. Please contact me with any additional questions or concerns. I look forward to speaking with you. Sincerely, Preston Fox

15 The Geiger Family 8850 Island View Rd Waconia, MN October 21, 2018 The Honorable Jim Sanborn Waconia City Council Members City Planning Commission Members 201 South Vine St. Waconia, MN Dear Mayor Sanborn, City Council, and Planning Commission Members: Subject: PID and I am writing you today to express our deep concern surrounding the City's Draft Land Use Plan and the negative impact it will have on the Geiger Family. We have been residents of Waconia for over 73 years, I grew up here, and my wife and I raised our 3 children here. We purchased the referenced property in 1977, banking on the idea that Waconia and all its amenities would someday be a highly sought after community. When the property was put into the City's Land Use Plan 10 years ago, everyone had good reasons to believe our logic was sound and that development in the Island View/East Lake area was imminent. The project was going to give Waconia what it lacked, a marquee lakeside community on par with the area s best. It was a win for all parties involved. a. East Lake properties are close to the market on the east end of the City, b. Minnesota homeowners love being on the water, golf courses and open spaces. c. Land being proposed is adjacent to 3000 acres of Carver Park d. Proximate to proposed County Park. e. Future and present Waconia residents will have ability to reside on a golf course. f. The same for buyers wanting to be near one of the most desired lakes in the Twin Cities. g. No one is opposed to the development, all partners are in agreement to sell. h. We have lived here our entire life, and contributed to the area. i. Golf course needs new members to thrive No secret to anyone, the housing market crisis of 2008 and ensuing deep recession changed things dramatically. We have maintained the property and held on through the downturn, continuously marketing the property for sale, but only recently have we received serious interest from prospective builders/developers. If these properties are removed from the Land Use Plan, our potential for sale will be reduced to almost zero. This will be financially devastating to our family. Now, in our late 70s, we simply cannot wait another 10 years to sell. Waconia shouldn t wait either. With a strong economy and project interest from world class developers, the time is now. We strongly urge you to please put these parcels back into the Land Use Plan for development in the next 10 years. Yours most sincerely, The Geiger Family 13

16 City of Waconia 201 South Vine Street Waconia, MN *First submission: May 1, 2018 *Second submission: October 23, 2018 To: Jim Sanborn, Mayor Council members: Marc Carrier, Lynn Ayers, Kent Bloudek, Charles Erickson Community Development Director: Lane Braaten Waconia City Administrator: Susan Arntz Re: PID and Changes in Land Use, Comprehensive Plan We want to express our concern regarding the possible changes in the above Development Plan. We invested in the Golf View Partnership forty years ago. Our hope was that we could sell the property to a developer interested in creating a community of homes with a wide appeal that would overlook Island View Gold Course and Lake Waconia. It was also our hope that we could move into the development upon our retirement. We always thought the golf course and the lake made the land an ideal place to settle. To this day, we are unaware of any property in the five county area that has as much potential for well planned, high quality home sites beyond the typical starter home. We have now heard the City Council is considering a change to the above plan with the possibility of removing it and placing it in a plan for the next decade. If that move occurs, it will kill the project upon which we are presently working with an interested developer. We are in our mid 70 s, and the prospect of seeing this pushed back another ten years gives us little hope to reside in this part of Waconia. We hope you will reconsider making the changes being debated at this point, not only for our family s sake, but for the City of Waconia to enter into a new and different housing option. The property is ideal for development. The Planning Commission s page on the City of Waconia web site states: We welcome feedback to ensure a strong plan and to provide a future envisioned by the community. We are part of that community. Please reconsider and keep the Comprehensive Plan as is to include the Golf View Partnership land. Sincerely, Richard and Gracia Hegener RichardHCFI@aol.com/ GraciaH@aol.com/

17 Lane Braaten From: Sent: To: Subject: Pat Hartmann Wednesday, October 24, :18 AM City Council Members; Lane Braaten Comprehensive Plan Consideration Good morning, I am writing this letter in support of the East Lake inclusion of your current Comprehensive Plan. The East Lake properties are close to one of the best lakes near the Twin Cities plus present and future Waconia residents will have ability to reside on a golf course. Most Minnesota homeowners love being on water, golf course, and open spaces. The East Lake properties will be close to the market on the east end of town and also adjacent to Carver Park. We are very willing sellers. We have lived, made contributions, and been active in Waconia community more than 70 years and together look forward to this development. Pat Hartmann Golfview Partner 1 15

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19 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: November 1 st, 2018 Item Name: PUBLIC HEARING Amend Section , Subd. 6, Floodplain Overlay Regulations Originating Department: Community Development Department Presented by: Lane L. Braaten, Community Development Director Item Type (X only one): Consent Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Open public hearing. Motion to close the public hearing. Recommend approval or denial of the proposed amendment to Section , Subd. 6, Floodplain Overlay Regulations. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) BACKGROUND: On January 5, 1978, the Department of Homeland Security s Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified flood hazard areas and areas subject to flooding. FEMA has re-evaluated the previous information and developed revised floodplain standards and maps, which inform the National Flood Insurance Program (NFIP). NFIP enables property owners in participating communities to purchase insurance protection, administered by the government, against losses from flooding. The City received notification earlier this year that the revised and final FIRMs will become effective on December 21 st, Further, the City is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. Since the date of notification from FEMA, staff has been working with the Minnesota DNR to draft an updated floodplain ordinance consistent with the FEMA requirements, which further updates and clarifies floodplain regulations within the City. This draft information has been reviewed by both the Planning Commission and City Council at previous work sessions. Further, it has been reviewed by City staff and the Minnesota DNR for consistency with FEMA requirements. PUBLIC NOTICE/COMMENT: The notice was published in the WACONIA PATRIOT on October 18 th, 2018 and posted at Waconia City Hall. As of October 25 th, 2018, the City has not received any public comments pertaining to this proposed ordinance amendment. RECOMMENDATION: The Planning Commission is required to hold a Public Hearing to discuss the proposed draft floodplain ordinance language. The Planning Commission should review the attached information and make a recommendation to the City Council, which would be considered at their upcoming meeting on November 19 th, ATTACHMENTS: 1. Draft Floodplain Overlay Regulations , Subd. 6 (22 pages) 17

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21 Section , Subd. 6 Subd 6. Flood Plain Overlay Regulations. A. Statutory Authorization and Purpose. The legislature of the State of Minnesota has, in Minn. Stat. Chapter 103F and Chapter 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Further, these regulations are adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community s eligibility in the National Flood Insurance Program. The purpose of these regulations is to promote public health, safety, and general welfare by preserving the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, minimize losses and disruptions caused by flooding, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. B. Definitions. For purposes of this Subd. 6, the following definitions shall control: Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Base flood means a flood having a one percent (1%) chance of being equaled or exceeded in any given year. Base flood elevation means the elevation of the regional flood. The term base flood elevation is used in the flood insurance survey. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level. Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) Certain conditions as detailed in the zoning ordinance exist, and (2) The structure and/or land use conform to the comprehensive land use plan and are compatible with the existing neighborhood. Critical facilities means facilities necessary to a community s public health and safety, facilities that store or produce highly volatile, toxic or water-reactive materials, and facilities that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, 19

22 Section , Subd. 6 public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Development means any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. DNR means the Minnesota Department of Natural Resources. Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm fence means a fence as defined by Minn. Stat , Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under these regulations. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under these regulations. FEMA means the Federal Emergency Management Agency. Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood fringe means the portion of the special flood hazard area located outside of the floodway. Flood fringe is synonymous with the phrase floodway fringe used in the Flood Insurance Study for Carver County, Minnesota. Flood Insurance Rate Map or FIRM means an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map ( DFIRM ). Flood maps for the City mean the Flood Insurance Study for Carver County, Minnesota, and Incorporated Areas, dated effective December 21, 2018, the FIRM panels dated effective December 21, 2018, as listed in Section , C.2 below, and the Letter of Map Revision, dated August 31, 2018, all prepared by FEMA, which maps are on file in the City Clerk s office. Flood prone area means any land susceptible to being inundated by water from any source. Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 20

23 Section , Subd. 6 Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain that are reasonably required to carry or store the regional flood discharge. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3, as amended. Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include the term recreational vehicle. New construction means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of these regulations. Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. One-hundred-year floodplain means lands inundated by the regional flood. Principal use or structure means any use or structure that is not an accessory use or structure. Reach means a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of these regulations, the term recreational vehicle is synonymous with the term travel trailer/travel vehicle. Regional flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one percent (1%) chance or 100- year recurrence interval. Regional flood is synonymous with the term base flood used in a flood insurance study. Regulations mean Section , Subd. 6, of the Waconia City Code. 21

24 Section , Subd. 6 Regulatory flood protection elevation or RFPE means an elevation not less than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Repetitive loss means damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Special flood hazard area means a one hundred year floodplain, as such phrase is used for flood insurance purposes. Start of Construction means, for any substantial improvement, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, decks manufactured homes, recreational vehicles not considered travel ready as detailed in Section J.2.b of these regulations and other similar items. Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial improvement means, within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure s continued designation as a historic structure. For the purpose of 22

25 Section , Subd. 6 these regulations, historic structure is as defined in 44 Code of Federal Regulations, Part Zoning Administrator means the zoning administrator appointed by the City Council. Unless specifically defined above, words or phrases used in these regulations must be interpreted according to common usage so as to give these regulations their most reasonable application. C. General Provisions. 1. Application. These regulations apply to all lands within the jurisdiction of the City that lie within the boundaries of the floodway, flood fringe and general floodplain districts. The boundaries of these districts are determined by scaling distances on the FIRM, or as modified in accordance with Section D.2 of these regulations. The floodway, flood fringe and general floodplain districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in these regulations and other provisions of the Waconia City Code. In case of a conflict in these regulations, the more restrictive standards will apply. Where a conflict exists between the floodplain limits illustrated on the flood maps for the City and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the City s Board of Adjustment and to submit technical evidence. 2. Incorporation of Maps by Reference. The following flood maps for the City (together with all attached material) are adopted by reference and declared to be a part of the City s zoning map and these regulations: 27019C0177D 27019C0181D 27019C0182D 27019C0183D 27019C0184D 3. Abrogation and Greater Restrictions. These regulations do not repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where these regulations impose greater restrictions, the provisions of these regulations prevail. All other portions of the Waconia City Code that are inconsistent with these regulations are hereby repealed to the extent of the inconsistency only. 4. Warning and Disclaimer of Liability. These regulations do not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. These regulations do not create liability on the part of City, its elected officials or employees for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder. 23