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PC-10-04-11 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 4 OCTOBER 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 Garelick, Arnst, Hasek, and Charbonnet; Council Liaison Woodruff; and Planning Director Nielsen. Absent: Commissioners Davis and Hutchins. APPROVAL OF AGENDA Arnst moved, Charbonnet seconded, Approving the Planning Commission Agenda of October 4, 2011 as presented. Motion passed 5/0. APPROVAL OF MINUTES This item was deferred as the minutes were unavailable. 1. 7:00 P.M. PUBLIC MEETING – ZONING CODE TEXT AMENDMENT – VARIANCES (Continued from 20 September 2011) th Chair Geng explained that the public hearing was continued from September 20 because of some last minutes changes to the proposed code amendment. Chair Geng reopened the public hearing and seeing no one present wishing to comment on the matter, the hearing was closed at 7:05 P.M. Hasek moved, Arnst seconded, to recommend approval of the Zoning Code Text Amendment regarding variances. Motion passed 5/0. This item will be on the October 24, 2011 City Council Agenda. 2. MINOR SUBDIVISION/LOT LINE REARRANGEMENT Applicant: Michael McDonald Location: 4695 Lagoon Drive Chair Geng recused himself from participation in the subdivision application because of having an interest in the parcel being conveyed. Director Nielsen explained that Mr. McDonald’s property at 4695 Lagoon Drive abuts an unbuildable parcel that he has maintained over the years believing it to be part of his own land. He has since discovered that it is not included in the legal description of his property and has approached the owners, consisting of a consortium of five families, with an offer to purchase the parcel in order to combine it with PLANNING COMMISSION MINUTES October 4, 2011 Page 2 of 6 his own property. The parcel to be conveyed does not abut any other land as it is surrounded by water in a lagoon of Lake Minnetonka. The parcel contains 2505 square feet and is legally part of a combination of other pieces of land across the lagoon on the banks along Enchanted Drive. Therefore, the parcel needs to be subdivided from the combined properties before it can be combined with the McDonald property. Commissioner Hasek asked if the 2505 square feet of property being added to the McDonald property will have any impact on the hardcover allowance. Nielsen said McDonald’s property is well under the hardcover limits and the added property will make it more so. In response to a question from Commissioner Garelick, Nielsen stated that there are no structures on the parcel being conveyed. Mr. McDonald has kept it mowed over the years and even added riprap along its shoreline a few years ago. Hasek moved, Garelick seconded, to recommend approval of the minor subdivision/lot line rearrangement between 4695 Lagoon Drive and the adjacent parcel. Motion passed 4/0/1 (Geng abstained). 3. DISCUSSION – SHADY HILLS TRAFFIC At the last Planning Commission meeting of September 20 the Planning Commission saw the raw data from the latest traffic and speed counts done in the Shady Hills neighborhood on September 1-2 and 8-9. The Commission continued the item pending receipt of the complete analysis of the data. Director Nielsen noted that the speeds driven appear to be up somewhat from the previous study in May and July of this year, although the traffic (number of cars) itself was down. He said that the staff recommendation has not changed, and if the neighborhood is not opposed to a potential increase in traffic, the no-turn signs at the westerly access to Shady Hills Drive will be replaced with time-restricted no-turn signs. Councilmember Woodruff pointed out that the traffic count on Sept. 8-9 which were school days was greater than on Sept. 1-2, non-school days, but without knowing what time of day this traffic was coming through the neighborhood, the time-restriction on the no-turn signs will have little effect. Nielsen said the request was made so the neighborhood could have more convenience for themselves, and the City's goal is to keep traffic down. Woodruff said the timeframe data would be useful. Nielsen said he believes that detail is available. Commissioner Hasek asked what the timeframe is that contributes to the problem of increased traffic. Bob Edmondson, representing the request on behalf of the neighborhood, said that he has studied the traffic pattern for over 80 hours overall and stated that the majority of traffic comes through from 7:40 to 7:55 A.M. and consists of high school students on their way to school. Chair Geng had a printed copy of the complete data which includes times of day that traffic and speed was recorded. Woodruff suggested that this information be summarized by staff so the appropriate time restrictions for the no-turn signs can be verified. Bob Edmondson, 19585 Shady Hill Road, stated that his recommendations based on his observations are to install a sign indicating no-right turn from 7:00 to 8:00 A.M., Monday through Friday, at the west entrance to Shady Hills Road from Brom's Blvd.; install a sign indicating no-left turn from 7:00 to 8:00 A.M., Monday through Friday, at the west entrance to Shady Hills Road from Brom's Blvd.; remove the existing no-left turn sign from Shady Hills Road to Brom's Blvd.; trim the vegetation back at this corner; and create a larger radius on the northeast corner at the stop sign. PLANNING COMMISSION MINUTES October 4, 2011 Page 3 of 6 Commissioner Garelick asked if the no-turn signs are meant to be effective year round or only during the school year. Mr. Edmondson said it is only needed during the school year. He went on to say he contacted Mr. Adney, the Minnetonka High School Principal, who indicated he is willing to use the school newsletter and announcement system to encourage students to help resolve this problem. Commissioner Hasek asked where the traffic is coming and going to. Mr. Edmondson said they are eastbound on Brom's Blvd., turning right and through Shady Hills, across Vine Hill Road and through the Minnetonka neighborhoods behind the Stratford Apartments area. Hasek said the problem is really out on the service road - Brom's Blvd. and that's what should be looked at. Councilmember Woodruff said he is aware that the City of Deephaven had a meeting with MNDot regarding the Vine Hill Road/Highway 7 intersection. He suggested that Shorewood contact Deephaven about this matter because MNDOT indicated to Deephaven that there could be some consideration given to restoring the right-turn lane exit that used to exist in front of the high school. Commissioner Arnst said that pursuing something as major as Highway reconstruction would require a lot of time, so for the meantime it's best to get the signs installed. Commissioner Hasek said he doesn't see one car every three minutes, or 20+/- cars per hour as a huge problem, and he is concerned about setting a precedent with signs that restrict traffic from a street as everybody would like to have traffic restricted from their streets. He said his recommendation would be a no-right turn sign to keep the majority of the traffic off of the street, but to cut it off completely makes no sense to him Paul Stelmacher, 5210 Shady Lane, said he does not agree with the time restriction. He is in favor of removing the left-turn restriction and clearing the brush. Commissioner Arnst agreed with Hasek's remarks that public streets are to carry traffic. She said she thinks the no-right turn between 7:00 and 8:00 A.M. is enough. The street doesn't need to be closed to traffic completely by having the no-left turn sign also. Mr. Edmondson said he has come to agree with this as well. Geng moved, Hasek seconded, to recommend that the vegetation be cut back at the corner of Shady Hills Road and Brom's Blvd., install a no-right turn effective from 7:00 to 8:00 A.M. sign from eastbound Brom's Blvd. onto Shady Hills Road year-round, and remove the no-left turn sign from Shady Hills Road onto Brom's Blvd. Motion passed 5/0. Mr. Edmondson requested that this item be delayed from placement on the City Council Agenda until November 14, 2011 because he will be out of town to attend at any earlier date. There was no objection to this request. 4. CITY CODE DISCUSSION - ANIMAL REGULATIONS (Except Dogs) Director Nielsen reported that the City Council has forwarded to the Planning Commission the task of discussing what should be done to address various animals in Shorewood, with the exclusion of dogs since that has been addressed separately at the last meeting. Nielsen provided a rough draft of ordinance language addressing both farm animals and wild animals. He stated that farm animals are categorized into two types: rural farm animals which are the larger animals such as cows, sheep, pigs, etc. and the other being urban farm animals which are smaller and include ducks, geese, turkeys, chickens, etc. He th noted that Commissioner Davis has lined up a speaker for the next meeting on October 18 who will talk to the Commission about urban farming, including the keeping of chickens. PLANNING COMMISSION MINUTES October 4, 2011 Page 4 of 6 Commissioner Arnst asked why dogs are being regulated separately. Nielsen responded that because dogs are a commonly accepted animal to have, unlike something like chickens. Arnst said she doesn’t understand why dogs aren’t part of this ordinance as one could have a 30 lb. miniature goat or a 100 to 200 lb. dog. She said she also didn’t see a definition for nuisance animal in the draft code and thought there should be because there is reference to it. Nielsen agreed that there needs to be provisions for nuisance. Arnst said she would like to see more regulation about the placement of structures for animals, because when someone puts up a kennel or chicken coop it is often near the property line and becomes a problem for the neighbors. Hasek and Charbonnet voiced their agreement with this. Nielsen said the Horse Regulations section has provisions about shelter location that can be incorporated into this code. Arnst added that the proposed ordinance has quite a lot of detail about animal health standards such as protection from air temperature, nutritional requirements, sanitation, etc. and wondered if the City is prepared to deal with these standards. Nielsen said some of that may not be realistic, unless it becomes a necessary enforcement issue. There was consensus that the proposed code contains a lot of detail and the discussion should be continued. The Commission decided to take more time to read through the rough draft and send their comments to Director Nielsen individually for summarization. 5. ZONING CODE DISCUSSION - DYNAMIC SIGNS Director Nielsen stated that based on the last meeting's discussion regarding dynamic signs the beginning of the code will have a Purpose section rather than a Findings. He said he looked into the spacing requirements of other city ordinances and did not find many that have this type of requirement or that would apply to Shorewood's lot sizes. Nielsen suggested that the code include a setback requirement of 20 feet from the side lot lines instead. In regard to the difference between an electronic alpha-numeric display versus a dynamic (graphical) display, Nielsen suggested that any sign or portion of it with a strictly alpha-numeric message would not be counted as dynamic as long as it remained static for a minimum of four hours. Requirements for alpha-numeric signs in the residential districts (public and institutional) will be separated from commercial dynamic sign requirements. This will also allow public and institutional message boards to be larger than 25 percent of the total freestanding sign area. These types of signs are also subject to conditional use permit. Nielsen said the interval for time and temperature messages has been increased to 60 seconds. And he added a provision specifying that the dynamic display portion of the sign shall be at the bottom of the sign area. Nielsen said that if the Commission is satisfied with these changes, the next step is to hold a public hearing for the code amendment. 6. SMITHTOWN CROSSING – DISCUSS OPEN HOUSE Commissioner Hasek said that he estimated about 40 people attended the Open House and felt that was a good turnout and made it a worthwhile activity. PLANNING COMMISSION MINUTES October 4, 2011 Page 5 of 6 Director Nielsen said he focused on trying to convey to people that the goal is to avoid piecemeal development and he thought most understood and agreed. Commissioner Arnst suggested that there are certain landowners within the study area that should probably be recontacted just to be sure they are aware of the project as she hadn't seen them at any of the previous meetings and that was uncharacteristic of them. Commissioner Hasek commented that the study area boundaries need clarification and explanation. He said he has seen different maps that are not all identical. Nielsen said there is an official boundary as shown on the initial maps. Hasek said it would be useful to have a map depicting the actual developable areas showing the square feet as well. Councilmember Woodruff said it would also be useful to provide some detail about the Gideon Glen site indicating what the restrictions are. Nielsen said he is hoping the attendees will return the comment sheets that were made available at the Open House. 7. MATTERS FROM THE FLOOR None. 8. OLD BUSINESS None.  Three Rivers Park LRT Signage  Deer Hunting Program Expansion 9. NEW BUSINESS Commissioner Hasek said there are some lilac trees at the northeast corner of Mann Lane and Eureka Road that obstruct the sightlines and need to be trimmed down. He said there are probably other intersections with the same problem. 10. DRAFT NEXT MEETING AGENDA Director Nielsen said the October 18th meeting will include speakers talking about chicken farming, a discussion of the Massage Therapy License code, and Farm Animal ordinance comments. 11. REPORTS Liaison to Council Commissioner Charbonnet reported on items considered and actions taken by the City Council at their meeting of September 26, 2011. Councilmember Woodruff commented on additional items, including an update regarding the Christmas Lake public access site activities and efforts to prevent infestation of the Zebra Mussel, and this generated ensuing discussion. SLUC None. PLANNING COMMISSION MINUTES October 4, 2011 Page 6 of 6 Other None. 12. ADJOURNMENT Arnst moved, Charbonnet seconded, to Adjourn the Planning Commission Meeting of October 4, 2011 at 9:15 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder