Lakewood Planning and Zoning Commission Meeting
Tuesday, July 31, 2007 at 7:00 p.m.
Lakewood Town Hall
Call to order: Chair of the Planning and Zoning Commission, Bob Wolfe, called the monthly meeting to order at 7:02 PM.
Present: Chair Wolfe, Inese Holte, Dick Bodine, Angie Dickison Palmer, Chris Roningen, Zoning Administrator Brennan Mears, and Recorder David Gerhart. Other citizens were present, including Supervisor Phil Halverson (see attached register).
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
All members present were voting members.
Bob Wolfe reconvened the public hearing regarding ordinance text changes. This hearing had been recessed from July 24th. Wolfe presented a memo he has written to the Town Board of Supervisors, dated July 29, 2007, that contains the Commission's recommendations regarding the text changes. He will present the memo to the Town Board at its meeting on August 1. The text changes were discussed as follows:
Article IX, Section 6.02, Public Hearings. These changes were accepted at the July 24th hearing, and no new comments or changes were made.
Article VIII, Section 4, Appeals from Decisions. Wolfe questioned whether the changes should have been rejected at the July 24th meeting because no one from the public spoke for or against the changes and because Roningen, who moved to reject the changes, had not been at the October meeting when the changes were adopted. Wolfe posed the question that, if there was no public input at the hearing, why should a new vote have been taken? He also noted that if the changes are rejected, then anyone can appeal a Commission decision, and, furthermore, that the appeals process is not consistent for the Board of Adjustment and for the Planning and Zoning Commission. Mears also questioned why variance decisions should have a 7-day time frame for appeals whereas appeals from conditional use decisions would have a 30-day limit.
Holte said that the Commission should explain to the Town Board why the changes were rejected. Discussion revealed that the only point of contention in the proposed changes was who should be eligible to file an appeal. Palmer thought that the Commission should not take further action at this reconvened hearing. Wolfe will explain to the Town Board that the changes were rejected because of the provision regarding who is eligible to appeal decisions.
Article VIII, Section 7, Amendments. Wolfe will convey the concerns raised on July 24th and the recommended changes to Section 7.03B to the Town Board.
Article V, Section 4, Zone Districts and Purposes and Article II, Section 3, Definitions. The proposed changes that would allow retail sales in the LIU-10 zone were discussed. A letter from Barbara Hayden, St. Louis County Planning Director, to Gene Bromenshenkel, Lakewood Town Clerk, was introduced as new information on the county's position regarding retail sales in the LIU zone district. The letter stated that, "The district does not totally preclude retail use, as long as the predominant character of the use is industrial or wholesale in nature." Mears said he is neutral regarding the retail sales/LIU issue. Wolfe thought that the county has given Lakewood conflicting interpretations, but Roningen felt that there is no lack of clarity and that the Hayden letter should not change the Commission's decision to reject the changes banning retail sales in LIU-10. Wolfe said that the gas station in LIU-10 is non-conforming because it is not predominantly industrial or wholesale.
Holte moved to approve Wolfe's memo with the addition of the Hayden letter, but there was no second. Wolfe will make changes to the memo and present it to the Town Board at its meeting on August 1.
Bodine moved to adjourn the public hearing. Second by Palmer. Motion carries.
Wolfe then convened the monthly meeting of the Planning and Zoning Commission.
Minutes of Previous Meeting: June 26, 2007 Planning and Zoning Meeting. Motion by Palmer to accept the minutes; second by Holte. Minutes approved (4-0).
Select Representative to August 1, 2007 Board of Supervisors Meeting: Chris Roningen
Bodine inquired as to the process necessary to have an individual speak to an issue at a Town Board meeting and was instructed to contact Clerk Gene Bromenshenkel to have the item placed on the Town Board meeting agenda.
Zoning Administrator’s report: Mears
Permits were handed out for Commission members to sign.
Mears reported on the variance hearings for Wendy Robertson and Bill Ulland. He also reported that there may be an issue regarding someone clearcutting land on the Lester River Road.
Mears presented a table of land use permits granted in 2007 that included 31 permits numbered between 3715 and 3840. This table will be updated each month and presented to Commission members.
Clint Massie wants to move his business (Great Lakes Stone) to the LIU-10 zone. (Massie was not present.) Several members pointed out that his business would be a good fit for the LIU zone. There was brief discussion noting that Greg Follmer has only temporary access to his LIU-10 property.
Steering Committee Report – The committee will not meet until September.
Unfinished Business
Town Board Meeting Report – Wolfe – (Members should refer to the Town Board minutes for details.)
Communications Tower Ordinance Changes – Wolfe presented the Commission's changes to the Town Board at its meeting on July 11. The Board requested clarification and/or revisions to items "D" (dealing with landscaping, fencing, and signs) and "K" (dealing with performance bonds/contractual agreements). Attorney Tim Strom's opinion was requested for item "K". Wolfe presented a handout that included the wording for these items as presented to the Town Board and also including Wolfe's proposed changes/clarifications. In addition, the handout included attorney Tim Strom's proposed wording for "K". Motion by Holte, second by Palmer, to accept the changes to D and K of the cell tower ordinance.
Discussion of "D": Mears and Roningen noted that the wording regarding signs does not address the issue of other signs on the property (cautionary signs, etc.). Halverson noted that that the length of a sign could be excessive, given the proposed 40-square-foot limitation. Holte rescinded her motion to approve the changes. Bodine noted that the sign requirements would be inconsistent with those for other parcels, but Wolfe saw no problem with different sign requirements for parcels containing cell towers.
Mears and Wolfe proposed wording to replace the suggested revision by Wolfe on his handout. "D" would read as follows: All facilities will have a landscaping or vegetative protection plan and property maintenance plan, including litter, vegetation, fencing, and a structural care plan approved by the Zoning Administrator. No advertising may be placed on a utility structure, tower, or parcel. No signs, as defined by ordinance, will be permitted unless required by law or for public safety. Motion by Holte to approve this wording; second by Bodine. Motion carried (3-1) with Roningen voting against.
Motion by Holte to accept the wording for "K" recommended by attorney Strom; second by Bodine. This wording is as follows: A performance bond, escrow account, contractual agreement, or other appropriate form of security, approved by the Town Board, will be required to ensure that the standards associated with the permit are met including, but not limited to, the removal of the structure when it is no longer used. There was some discussion of performance bonds and who can get them. Motion carried (3-1) with Roningen voting against.
Lipe Brothers Construction Public Hearing – August 15, 2007. The public notice for this hearing was distributed along with a packet of relevant materials, including the conditional use permit (CUP) issued in 2001. Wolfe asked that any questions that members have regarding these materials be referred to him. He also said that the Commission may reject, modify, or maintain the CUP. In addition, the Commission may give Lipe Brothers time to comply with the permit if it finds that Lipe Brothers are out of compliance.
New business
A request from Clint Massie was tabled because he did not attend the meeting.
Zoning text related to importation of fill materials – The Town Board has requested that the Commission create wording to address this issue. Mears said he has talked to persons on Lakewood Road who would like to serve on a committee addressing the issue. Mears suggested that an item appear in the Lakewood Town Crier asking for committee volunteers and stating that interested parties could leave their name(s) with the Town Clerk. This item was tabled until the next meeting.
Sign ordinance – proposed change in wording – Mears will check the history of this ordinance to see if there was an error in transcribing, possibly when the 1989 ordinance was adopted. Holte will work with Mears and they will report at the next meeting.
Electronic rather than paper copies of documents –Tabled because Peter Miller was not present.
Planning Commissioners Journal. Current copies are available for members to read.
Next meeting is August 28, 2007.
Motion by Bodine to adjourn; second by Palmer. Meeting adjourned at 9:25 PM.
Respectfully submitted,
David Gerhart