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PC-08-16-11 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 16 AUGUST 2011 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Geng, Commissioners Hutchins, Garelick, and Arnst; Council Liaison Woodruff; Planning Director Nielsen; Administrator Heck; and Engineer Landini. Absent: Commissioners Charbonnet, Davis, and Hasek. APPROVAL OF AGENDA Arnst moved, Hutchins seconded, Approving the Planning Commission Agenda of August 16, 2011 as presented. Motion passed 4/0. APPROVAL OF MINUTES  August 2, 2011 Commissioner Arnst provided the correct spelling of the name Wayne Soojian (not Sojen) as it appears on page 2; and stated that under Item No. 7, Old Business, she did not say the Mound Post Office when referring to the location of some trail crossing signage. Arnst moved, Hutchins seconded, Approving the Planning Commission Minutes of August 2, 2011 as corrected. Motion passed 4/0. 1. 7:00 P.M. PUBLIC MEETING - SHADY HILLS TRAFFIC Chair Geng explained the process and format of the public meeting for the benefit of the audience. Director Nielsen stated that last January the Planning Commission met with the residents of Shady Hills to discuss their concerns about traffic in their neighborhood. As a result of that meeting it was decided to obtain traffic counts during the school year as well as during the summer when school is not in session because it is suspected that much of the traffic is due to short cut routes by high school students. Nielsen explained that traffic was measured on May 3rd and 4th during the school year, and again on July 26 and 27. The count totals were 631 cars in May and 438 in July. The 85th percentile, which is the percent of speed that drivers are most comfortable traveling, was 17 m.p.h. in May and 16 m.p.h. in July. The average speed recorded was 14 m.p.h. for both timeframes. Bob Edmondson, 19585 Shady Hills Rd., representative of the neighborhood, offered several suggestions to improve the traffic problems. His suggestions included new signage for time-restricted turning movements from Broms Blvd., a new stop sign for Shady Hills Road at the east entrance of Shady Hills Circle, a new speed limit sign with orange marker on Shady Hills Road as coming south from Broms Blvd., and moving the existing Shady Hills street sign from the east to the west side of the road. He also PLANNING COMMISSION MINUTES 16 August 2011 Page 2 of 5 suggested lowering the speed limit, and eventually widening Shady Hills Road near its approach to Broms Blvd., and softening the curve radius on Shady Hills Road. In response to Mr. Edmondson’s suggestions Director Nielsen commented that in regard to a new speed limit sign, it may be as effective to remove the speed sign altogether and rely on the state law, which is 30 m.p.h. in residential areas, in hopes that drivers do not go that fast if they don’t realize they can. In regard to moving the street signs, simply clearing some vegetation might make the signs more visible. He said as for speed limit reductions, the State would need to be petitioned to perform a speed study which carries the risk of the speed limit actually being increased rather than lowered. However, he said all things considered, such as sight-lines, curves, etc., based on the average speed, it might be lowered – but the residents would have to be prepared to abide by the same rules. Nielsen said in regard to flaring out the street corners, that could encourage traffic that otherwise wouldn’t use the street. Chair Geng opened the meeting to public comment at 7:20 P.M. Bob Edmondson said he will applaud any decision the Planning Commission recommends, but feels the time-restriction turning is the most important. He has observed many illegal turns onto the Shady Hills Road west entry. He said the drivers appear to be mostly young. He suggested restricting a right turn between 7:00 to 8:00 A.M. And in spite of the speed study’s numbers, he said he has seen a lot more speeding. He hopes to see the street widened and the curves softened when the street is scheduled for reconstruction. Mary Bloom, 5340 Shady Hills Circle, agrees with the suggested time for the turn restriction. A stop sign at the bottom of the hill would be a disaster in the winter. Widening the road is a good idea because the curve is so sharp the plows hit it all the time. It would be nice to be able to turn left. Paul Almquist, 19355 Shady Hills Road, doesn’t have a lot of concerns based on where he is situated in the neighborhood except for the children in the area, especially in the winter while playing on the snow banks next to the road. Kris Thayer, 5345 Shady Hills Circle, she was involved in the traffic study of the neighborhood 20 years ago and that study accounts for the traffic signs that are in place now. She hopes to see a solution to the cut-through speeders, but not if it means removing the signs. Bob Trench, 5360 Shady Hills Circle, the 6 percent grade of the street propels cars up to great speeds. He sees young drivers racing and speeding on Shady Hills Road while kids are loading onto the school bus. John Kilner, 5351 Shady Hills Circle, would like to see more enforcement of illegal turning as well as speeding. Any inconvenience from the restrictions are secondary to safety. Paul Stelmachers, 5210 Shady Lane, if the speed buggy isn’t checking speed from both directions then we only have half of the results. The time-turning restriction needs to apply to both directions. Chair Geng closed the public comment portion of the meeting at 7:56 P.M. Commissioner Garelick asked if there have ever been any traffic accidents in the neighborhood. Mary Bloom said she is not aware of any accidents in the 30 plus years that she has lived there. Garelick asked if anyone was aware if the Minnetonka High School has addressed this issue, or driver etiquette in general within the education programs at the school. Mr. Edmondson said he was thinking PLANNING COMMISSION MINUTES 16 August 2011 Page 3 of 5 about the same thing himself and said the school could use their announcements, newsletters, other media and drivers education to get the word out about driver responsibility. Mrs. Kilner asked if there has been a study done in the City of Minnetonka since the traffic, once through Shady Hills, cuts across Vine Hill Road and on into Minnetonka behind the Stratford apartments. Nielsen said part of the previous traffic study included that pattern and one solution considered was a permanent concrete triangle that would restrict turning movements as well as going across Vine Hill Road. What was opted for instead was the signage that is currently in place. Nielsen said that in regard to enforcement, the City does ask the Police Dept. to increase their enforcement of the area at the start of the school year, especially the turning restrictions. Chair Geng suggested that the data from the Police Dept. should be obtained to be part of this study. Nielsen stated that the speed buggy can be placed at a location in different ways. The LED display can be turned off or on, or the buggy not be present at all and there would only be a cable that counts cars – in both directions. He said there is a more detailed analysis that is not complete at this point, but will be available. There was consensus that the complete data from the speed study be made available for review including enforcement data from the Police Dept. Commissioner Arnst asked if there has been any consideration given to closing the “alley” of Shady Hills Road west entry/exit. Nielsen said that was one of the alternatives presented as part of the previous study but it was determined there are too many residents in the neighborhood to have only one access point. Chair Geng announced that the Planning Commission’s consensus is to review additional traffic count th data including Police enforcement information and revisit the issue at the September 20 meeting before considering a recommendation. 2. ZONING ORDINANCE DISCUSSION – VARIANCES Director Nielsen explained that for the past several years the Planning Commission has held an annual study session relative to variances since it is the zoning tool that is the least understood by residents and city officials alike. This year’s discussion will include some mandatory amendments to the Zoning Code that are necessary to make it consistent with recent State legislation. Nielsen provided background information about variances stating that a variance is essentially an exception to the law. Shorewood has been conservative in granting variances as granting them frequently, especially for something in particular, sets a strong precedence. That would also raise a red flag to look at the code for possible amendment. Three factors that must be addressed for a variance are 1) the proposal must use the property in a reasonable manner; 2) the circumstances must be unique to the property; and 3) it will not alter the essential character of the locality. All three factors must be met by the applicant for a variance. What was once called “undue hardship” is now referred to as practical difficulty. A hardship or practical difficulty may not be self-imposed, including a hardship created by a previous owner. Nielsen cited examples of variance cases either due to lot configuration or wetland location. One case was justified and approved, where the other was denied due to lack of hardship. Nielsen stated that a draft ordinance amending aspects of the current code that are inconsistent with the th State law will be prepared for the September 20 meeting. PLANNING COMMISSION MINUTES 16 August 2011 Page 4 of 5 3. MATTERS FROM THE FLOOR None. 4. OLD BUSINESS Director Nielsen said that two items in the Work Program need to be moved up the timeframe due to City Council activity. They are review of the Massage Therapy License regulations, and the dog (including other animals) license regulations. Commissioner Arnst offered the suggestion of adding a bullet point list at the end of the minutes under Old Business of what the Commission agrees needs to be done next time. The list would serve as a follow-up reminder of items she or anyone brings up each month, for example the Hennepin Co. trail signs. She said she fears there will be no follow up unless someone remembers so a list would be helpful as a reminder. She said the Park Commission used to do that many years ago so if everyone agrees to this that would be nice. Arnst asked what the update is for the Three Rivers Park LRT signs. Administrator Heck stated it is his understanding that the signs would be on the trail (rather than the street) and would read “Cross Traffic Does Not Stop” for the benefit of walkers and bikers, and therefore the Three Rivers Park District would install them. In response to Arnst, Nielsen said he would be the designated staff to follow up. Arnst also asked about the status of expanding the Deer Hunt program. Nielsen said the Council did approve an additional weekend for the program. He has asked MBRB about a 3-day weekend rather than 2-days. The MBRB agreed to discuss that possibility for next year, but cannot implement that this year. There are a couple of additional property owners who have entered their land into the hunt. He said the Deer Feeding Ban Ordinance will go to the City Council on Monday.  Three Rivers Park LRT Signage  Deer Hunting Program Expansion 5. NEW BUSINESS Administrator Heck stated that the Council is in the process of preparing a community survey to be mailed to all residents. If any of the Commissioners are interested in proposing questions to be included on the survey, they should contact Director Nielsen. Director Nielsen reported that the City has acquired a property on Smithtown Road that is within the Smithtown Crossing boundaries. 6. DRAFT NEXT MEETING AGENDA The September 20, 2011 is scheduled to include a public hearing to implement the Trail Committee Report into the Comp Plan; a public hearing to amend the Zoning Code text regarding accessory buildings; a public hearing to amend the Zoning Code text regarding variances; City Code discussion relative to animal regulations, massage therapy licenses, and dynamic signs; and discussion regarding the Smithtown Crossing open house. PLANNING COMMISSION MINUTES 16 August 2011 Page 5 of 5 7. REPORTS Liaison to Council Councilmember Woodruff reported on items considered and actions taken by the City Council at their work session and regular meeting of August 15, 2011. SLUC None. Trail Committee None. 8. ADJOURNMENT Hutchins moved, Arnst seconded, to Adjourn the Planning Commission Meeting of August 16, 2011 at 9:01 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder