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02-05-13 Planning Comm Agenda PacketCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 5 FEBRUARY 2013 CALL TO ORDER APPROVAL OF AGENDA APPROVAL OF MINUTES 4 December 2012 15 January 2013 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. ROLL CALL / (LIAISON) SCHEDULE GARELICK (Oct) MUEHLBERG (Jul) DAVIS (Aug) GENG (Sep) HUTCHINS (Dec) CHARBONNET (May) 1. MINOR SUBDIVISION Applicant: Craig Mertz, representing George Danser Location: 5840 Christmas Lake Road 2. DISCUSSION Trail Implementation Process Zoning Code — General Provisions Noise Ordinance 3. 2013 WORK PROGRAM 4. MATTERS FROM THE FLOOR 5. OLD BUSINESS /NEW BUSINESS 6. DRAFT NEXT MEETING AGENDA 7. REPORTS Liaison to Council SLUC Other 8. ADJOURNMENT CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 4, 2012 MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:06 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Geng; Commissioners Davis, Hutchins, and Muehlberg; Council Liaison Zerby; and Planning Director Nielsen Absent: Commissioners Charbonnet and Garelick APPROVAL OF AGENDA Hutchins moved, Davis seconded, approving the agenda for December 4, 2012, as presented. Motion passed 4/0. APPROVAL OF MINUTES November 20, 2012 Davis moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of November 20, 2012, as presented. Motion passed 31011 with Hutchins abstaining due to his absence at the meeting. 1. 7:00 P.M. PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ACCESSORY Applicants: Robert Finke Location: 6060 Seamans Drive Chair Geng opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public Hearing. He explained that if this item is acted upon this evening it will be placed on a December 10, 2012, Regular City Council meeting agenda for further review and consideration. He noted Robert Finke the applicant and his wife Sandra are present this evening. Director Nielsen explained Robert Finke, 6060 Seamans Drive, is proposing to add a third stall to the existing attached garage on the property he and his wife own. The floor area of the new garage, when combined with an existing attached garage, brings the total area of accessory space on the property over 1200 square feet. That requires a conditional use permit (C.U.P.). The property is zoned R -lA, Single Family Residential and contains 40,084 square feet of area. He displayed graphics showing the location of the existing house, existing garage, pool and the proposed garage which will extend off the south side of the existing garage. He explained the existing house contains approximately 2457 square feet of floor area in the two levels above grade. The existing garage contains 887.4 square feet of floor area. The proposed garage will contain 512 square feet, which brings the total area of accessory space on the site to 1399.4 square feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 2 of 4 Nielsen reviewed how the application complies with the criteria for granting a C.U.P for accessory space over 1200 square feet. 1. The total area of accessory space (1399.4 square feet) does not exceed the total floor area above grade of the principal structure (2457square feet). 2. The total area of accessory space does not exceed 10 percent of the minimum lot area for the R- lA zoning district (10 x. 40,000 square feet = 4000 square feet). The proposed garage complies with the setback requirements of the R -lA zoning district. Hardcover is well within the 33 percent maximum amount allowed. 4. The new garage addition will be integrated into the architecture of the existing home. As such the roof lines, materials and architectural character of the garage are consistent with the principle dwelling. Nielsen noted the applicants will build a short retaining wall around the southwest corner of the property to catch up with the grade in that area. He explained that two existing trees on the south side of the existing garage will be replaced with two ornamental trees. He noted the lot is well screened already; there are plenty of trees in existence. Nielsen stated based on the preceding analysis, Staff recommends the conditional use permit be granted as submitted. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:15 P.M. Commissioner Davis asked Mr. Finke why he stepped the garage back. Mr. Finke explained to maintain the distance from the well and that it will also look a little better. Commissioner Hutchins asked if when putting in the boulder retaining wall is there is any concern around the addition of the driveway for the third garage stall. Director Nielsen stated it fits fairly well, and explained the retaining wall is to bring the side grade up so there is not a lot of foundation showing on that side. Davis moved, Hutchins seconded, recommending approval of a conditional use permit for accessory space in excess of 1200 square feet for the property located at 6060 Seamans Drive. Motion passed 4/0. Chair Geng closed the Public Hearing at 7:17 P.M. 2. REVIEW ASHLAND WOODS FINAL PLAT Applicants: Ashland Woods, LLC Location: 6045 Strawberry lane Chair Geng explained the review of the final Ashland Woods Plat is before the Planning Commission this evening in regard to a conservation easement. The applicant is Ashland Woods, LLC and the property is located at 6045 Strawberry Lane. Director Nielsen noted Corey Lepper on behalf of Ashland Woods, LLC is present this evening. He explained that in September 2012 Council approved a preliminary plat for Ashland Woods which is located on the east side of Strawberry Lane just south of the Lake Minnetonka LRT Trail. The plat for the CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 3 of 4 property was originally approved in 2009 as Wildwood. In the Wildwood Plat and the Ashland Woods Plat the primary issue was handling of drainage. During the public hearing on the preliminary Ashland Woods Plat a number of neighboring property owners expressed concern about where stormwater would flow from the Plat. Ashland Woods has submitted the plans used by the previous developer which had been approved to address that. Nielsen explained that since the preliminary Ashland Woods Plat was approved the Minnehaha Creek Watershed District (MCWD) has adopted a rule that requires these types of developments to not only control the runoff rate (after development versus before) but also runoff volume. Runoff volume is a very significant matter. To deal with that the applicant has changed the cul -de -sac to include a landscape island rather than just being a bituminous circle as originally proposed. That should address the MCWD's concern about volume. Because of the sensitivity of the drainage issue the Planning Commission asked to have an opportunity to review the proposed language for the development agreement submitted as part of the final Ashland Woods Plat. The drainage system proposed with the Wildwood Plat and the preliminary Ashland Woods Plat was fairly extensive. It involved a dry creek bed and ponding area. For both the Wildwood Plat and the Ashland Woods Plat there was a condition that the drainage area be monitored. The homeowners association (HOA) would be responsible for monitoring it and reporting back to the City the elevations on an annual basis. Nielsen noted the meeting packet contains a copy of language from the Wildwood Plat for a conservation easement. He explained that for Wildwood it was Article 17 in the Declaration. The easement talks about responsibilities of the HOA. He noted that ordinarily for a plat like Ashland Woods there would not be a HOA because there are no common features (e.g., an entry monument or public facility). He explained in this instance the public facility is the drainage system. It will be the HOA's responsibility to maintain the system and correct it if need be. The City is asking that similar language be included for the landscape island in the cul -de -sac. He noted Mr. Lepper has agreed to that. Director Nielsen stated that Staff had thought the final Ashland Woods Plat would appear on the December 10, 2012, City Council regular meeting agenda. Revisions are being made to some of the language so it is likely it will be considered by Council during its January 14, 2013, meeting. Commissioner Hutchins asked if the description of the center island comes in as part of the final plat for approval. Director Nielsen explained it does not change the plat itself. It does get recorded at Hennepin County showing how the land is divided and it shows the cul -de -sac. That is not changing. The plans and specifications for the final road will include the landscape island. Hutchins then asked if there is a size requirement to accomplish what the MCWD wants. Nielsen stated there is but he has not seen the drawings for that yet. Chair Geng stated he assumes that the language in the Declaration for Ashland Woods, LLC will be virtually identical to that for Wildwood. Director Nielsen stated that is correct. Geng stated there is no mention of a HOA in the preamble. The actual conservation easement mentions the Association about a dozen times. He asked if the HOA needs to be included in the preamble. Nielsen explained the conservation easement is just one article in the Declaration. Nielsen noted the applicant will have to submit by -laws for the Association. The by -laws set up the requirements to be a member, stipulates it has to exist to do this development, what the Association's responsibilities are and so forth. Commissioner Hutchins stated it goes back and forth between the Declarant and the Association in the conservation easement. Director Nielsen explained the Declarant is Ashland Woods, LLC. At a certain point the Association takes over for the developer and that is usually after it is 80 percent developed. Ultimately the Association is the responsible party for maintenance services. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 4 of 4 Hutchins moved, Davis seconded, accepting the conservation easement language as presented and recommending approval of the Ashland Woods final plat as submitted. Motion passed 4/0. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. OLD BUSINESS None. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated the next Planning Commission meeting is scheduled for January 15, 2013. During that meeting he would like to complete the review of the General Provisions in the Zoning Code with a focus on the noise ordinance. It is possible Council may have talked about zoning permits before then and if so the Commission will discuss Council's feedback. There will be initial discussion about the Planning Commission's 2013 work program. He explained that Council Liaison Zerby has asked that the trail process in the Trail Plan Implementation Report be updated and refined based on experiences with the Smithtown West Trail segment. There may be a minor subdivision to consider that evening. 6. REPORTS Liaison to Council Chair Geng gave a brief report on the November 26, 2012, City Council meeting about items related to the Planning Commission. Commissioner Muehlberg asked if anyone had any comments about the Feasibility Report for the Smithtown West Trail segment. He stated he was surprised that no one spoke against it during the open house for that. Director Nielsen stated there was no public comment about it during that Council meeting. Director Nielsen noted that the responses to questions received about the Trail that were endorsed by the Planning Commission will be considered by Council during its December 10, 2012, meeting. Chair Geng stated he thought Council's reaction to the open house was very positive. SLUC No report was given. Other Commissioner Hutchins asked to be signed up to attend the GTS training session being hosted by the City of Greenwood on January 12, 2013. 7. ADJOURNMENT Davis moved, Muehlberg seconded, Adjourning the Planning Commission Meeting of December 4, 2012, at 7:38 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 15, 2013 MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:04 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Geng; Commissioners Charbonnet, Davis and Hutchins; Council Liaison Siakel; and Planning Director Nielsen Absent: Commissioners Garelick and Muehlberg APPROVAL OF AGENDA Director Nielsen asked that Item 2 be removed from the agenda. The discussion about zoning permits occurred during the Planning Commission's November 20, 2012, meeting. He explained Staff is going to draft an ordinance and a public hearing will be held on the ordinance during the Planning Commissions February 5, 2013, meeting. Hutchins moved, Davis seconded, approving the agenda for January 15, 2013, as amended. Motion passed 4/0. APPROVAL OF MINUTES December 4, 2012 Chair Geng noted that the action taken on Ashland Woods Final Plat was missing from the minutes of the December 4, 2012, Planning Commission meeting. Hutchins moved, Charbonnet seconded, tabling the approval of the Planning Commission Meeting Minutes of December 4, 2012, to the February 5, 2013, meeting. Motion passed 4/0. 1. MINOR SUBDIVISION Applicants: Thomas Wartman Location: 26985 Edgewood Road Director Nielsen noted Tom Wartman, the applicant, could not be present this evening for the discussion about his request for a minor subdivision of his property located at 26985 Edgewood Road. He clarified that this minor subdivision does not require a public hearing. Director Nielsen explained Mr. Wartman has requested approval of a minor subdivision, splitting the property into two single - family lots. The property is located in the R -lA /S, Single - Family Residential/Shoreland district. The property contains 88,202 square feet of area. Each lot will contain 44,125 feet of area which is in excess of what the R1 -A district requires. They will both be 125 feet wide. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 15, 2013 Page 2 of 5 The land is characterized by an elevated knoll on its west side, dropping 11 feet to a lower area on the east side of the lot. There are already drainage and utility easements around the perimeter of the property. The applicant is proposing 10 -foot -wide drainage and utility easements along each side of the new lot line. That is consistent with the City's Zoning Ordinance. City records indicate the property is only served with one sewer connection. There is a manhole located in front of the easterly property which will allow for an easy connection to the sewer system when a house is built on the easterly property. There is a low spot on the northerly portion of the new easterly lot that may require some fill. The applicant has been advised that if more than 100 cubic yards is required the applicant will have to get a conditional use permit prior to the construction of the home. Nielsen noted that based on the analysis of this case Staff recommends approval of the minor subdivision subject to the following. 1. The applicant must provide deeds for drainage and utility easements, 10 feet wide along each side of the new lot line. 2. The applicant must provide an up -to -date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicant must pay park dedication fees ($5000 per lot) and one local sanitary sewer access charge ($1200). Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits are applied for. 5. Once the applicant receives the resolution approving the subdivision, he must record it and the easement deeds within 30 days. Commissioner Hutchins stated the on -site signage advertises one lot will be 120 feet wide and the other will be 130 feet wide. Director Nielsen explained the subdivision drawing submitted indicates they will both be approximately 125 feet wide. Hutchins asked if that was a result of discussion the applicant had with the City. Davis moved, Hutchins seconded, recommending approval of a minor subdivision for Tom Wartman for his property located at 26985 Edgewood Road and clarifying that there will be a sanitary sewer connection charge in the amount of $1200 for the new easterly lot only. Motion passed 4/0. Chair Geng noted that this item will be placed on the January 28, 2013, City Council meeting agenda. 2. ZONING CODE DISCUSSION — GENERAL PROVISIONS • Zoning Permits This item was removed from the agenda at Director Nielsen's request. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 15, 2013 Page 3 of 5 3. 2013 WORK PROGRAM Director Nielsen noted the Planning Commission had been provided with a revised memorandum about the Planning Commission's 2013 work program. He stated that once there is some consensus about when the various tasks should be worked on he will put that work program information in chart layout form. He noted Council would like the work program to indicate at what points along the way of each project work products will be generated. He encouraged the Commission to recommend items to be added to the list that they deem appropriate. Nielsen reviewed his list of items in the work program and explained each one briefly. • Update Trail Implementation Process — begin discussion in February — The process laid out in Comprehensive (Comp) Plan is not exactly the one used to date for the Smithtown West trail project. For example, the Comp Plan does not include holding an open house. That was done for the Smithtown West project and it went very well. The trail walk portion needs to be updated to better reflect what the intent of it is. • Zoning / Wrap up General Provisions — complete in February • Noise Ordinance — discuss again in February • Trail Plan / Galpin Lake Road Trail — March • Trail Plan / Mill Street Trail — March. The City of Excelsior has applied fol feasibility study for the section of the Trail that would be located in Excelsior. Shorewood wanted to participate in a coordinated effort. • Zoning / Wind Generators — April • Comprehensive Plan/Zoning: Housing for people over 55 years of age — regulations need to be updated. • Smithtown Crossing — What is next? — June • Planning District 6 — July — do another study • Zoning: Review residential zoning districts — August through December • Annual variance discussion grant funds for a Excelsior asked if May — the City's Chair Geng asked if the Planning Commission should review the subject of sustainability. Director Nielsen stated he would add a task to review the status of that. Director Nielsen stated that with regard to the noise issue near Hillendale Road he anticipates that one way or the other the Planning Commission is going to be involved in trying to find some solution to that. He is not sure if it will take the form of a zoning solution or a nuisance solution. A noise ordinance will not be the solution. Chair Geng stated it may be worth checking with Michael Couri, the attorney who presented during the Planning & Zoning Workshop on January 12, because Mr. Couri had told him he was aware of another unit of government that had a similar nuisance problem. That unit of government addressed it in its ordinance going forward and in its nuisance regulations. It may be useful for the Planning Commission to review how that unit of government addressed it. Nielsen stated an individual who mentored him earlier in his career owns land out in Cokato and the property owners next to that individual's property built a motor cycle track. His friend did a lot of research into what could be done. Nielsen noted he planned on talking to his friend. He explained that based on his research the issue near Hillendale Road is not a unique problem. The owner of the nuisance property near Hillendale Road has not built a physical track; but, people ride their recreational vehicles all CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 15, 2013 Page 4 of 5 over that property. He noted the City Attorney has reached out to some of his colleagues to see if they are aware of similar issues and if so how they were solved. Commissioner Davis stated kids of all ages are riding recreational motorized things on streets in the City. This is not just an issue in yards. Commissioner Hutchins stated on Tom Wartman's property there were tine tracks on the back of the property that went on to neighboring properties as well. Director Nielsen commented there used to be demolition derbies around Marsh Point. Commissioner Hutchins suggested the Planning Commission decide what to do next about the Smithtown Crossing Work Program item sooner versus later. He stated even though there is some development going on there are not a lot of development dollars available. He then stated the sooner developers are aware of the potential development opportunity there the better. He suggested there be some proactive communication about it. Director Nielsen stated he will have the Work Program laid out in a chart form for the February meeting. In addition to that chart he will provide the Planning Commission with a calendar showing the meeting dates. There was Planning Commission consensus to continue to have just one meeting a month, and that if the first Tuesday of the month is the day after a holiday then the meeting will be held on the third Tuesday of the month. 4. MATTERS FROM THE FLOOR None. 5. OLD BUSINESS /NEW BUSINESS Commissioner Davis stated the Arctic Fever event is scheduled for the upcoming weekend. She noted a new activity this year is snow sculpting as is kite- boarding. She explained Channel 4 news will broadcast live from the sculpture garden in Badger Park at 5:00 P.M. and 6:00 P.M. on January 18, 2013. Also, Kelley Casey and his crew from Minnesota Big Snow are going to carve all day on January 18. Mr. Casey and crew took second place in China last year. Mr. Casey stated he will assist other people with their sculpting. Director Nielsen stated Public Works personnel made 21 blocks to carve, and that they did a nice job. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated during the February 5, 2013, Planning Commission meeting the three items on the Work Program for February will be discussed. They include updating the trail implementation process, finishing the review of the general provisions section of the zoning code, and continued discussion of the noise ordinance. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 15, 2013 Page 5 of 5 7. REPORTS • Liaison to Council Commissioner Hutchins reported on matters considered and actions taken during the December 10, 2012, City Council meeting (as detailed in the minutes of that meeting). Council Liaison Siakel elaborated on Council's discussion about establishing a group to talk about issues related to aging in the City which was discussed during it January 14, 2013, meeting. Chair Geng reported on other matters considered and actions taken during the January 14 City Council meeting (as detailed in the minutes of that meeting). During the meeting it was noted that Greenwood Mayor Kind has communicated to those people who attended the Planning & Zoning Workshop, which Greenwood hosted on January 12, asking if they would be interested in attending a similar workshop later during the year that would deal with more advanced topics. • SLUC Director Nielsen noted that he and Commissioner Davis are going to attend the Sensible Land Use Coalition program in January. Davis noted it will be about placemaking. • Other None. 8. ADJOURNMENT Davis moved, Hutchins seconded, Adjourning the Planning Commission Meeting of January 15, 2013, at 7:45 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder OFTITHRATTf CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331-8927 - (952) 960 -7900 FAX (952) 474 -0128 - www.d.shorewood.mn.us ® dtyhaI1 @cLshorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 31 January 2013 Danser, George - Minor Subdivision FILE NO.: 405 (12.16) Mr. Craig Mertz, on behalf of his clients, George Danser and Jean Cary, proposes to subdivide the property located at 5840 Christmas Lake Road (see Site Location map - Exhibit A, attached). Exhibit B illustrates the subdivision. It should be noted that this subdivision was initially reviewed in 2005 when the property was owned by Mr. Danser's mother. A number of issues were identified at that time and this report has been prepared as an update to the staff report, dated 30 September 2005. The subject property is located in the R -lA /S, Single - Family Residential /Shoreland zoning district and contains 1.71,800 square feet of area (approximately 3.9 acres). The property is occupied by two buildings — a main house and an old barn that had previously been converted to a guest house. According to the applicant's survey, both of these buildings will be removed. The site is also occupied by a fairly large wetland area, from which the land rises to the south and to the west. As proposed the subdivision would result in one lot (Parcel B) containing 46,700 square feet of area, and a larger lot with 120,040 square feet, approximately half of which is occupied by the wetland area. The property is subject to a private driveway easement that provides access to a home to the southwest. The owner also owns two small parcels on the other side of the street, abutting Christmas Lake. The request includes legally combining those parcels with the two new lots. 41% � PRINTED ON RECYCLED PAPER Memorandum Re: Danser Minor Subdivision 31 January 2013 ANALYSIS/RECOMMENDATION The R -lA /S zoning district requires lots to be at least 40,000 square feet in area, 120 feet wide at the building line, and at least 120 feet deep. Both lots will comply with the setbacks of the R -lA /S district. Despite the existing wetland, the new lot has ample buildable area at the west end of the property. To minimize altering the wetland area to accommodate a driveway for the new property, the new lot will be served by a driveway easement along the south side of the property. Since Parcel B does not have enough width to have two driveways, the two Lots must share a common driveway along the easement. There are several issues that need to be addressed in this request: 1. Christmas Lake Road is substandard in width (33 feet vs 50 feet required). Any approval of the division/combination should require dedication of an additional 17 feet of right -of- way. The applicant's surveyor has provided a legal description for the r.o.w. and Mr. Mertz should incorporate the description into a deed to the City. 2. The survey references a compromise lot line on the south border of the subject property. The applicant must provide evidence that this boundary line issue has been resolved. In this regard, an up to date title opinion must be provided for review by the City Attorney. 3. The applicant's surveyor should provide legal descriptions for the wetland area and the required 35 -foot buffer area. Mr. Mertz should incorporate the legal descriptions into drainage and conservation easement deeds to the City. The buffer must be staked with wetland monuments. Proposed stalung should be shown on the survey. 4. The applicant's surveyor should provide legal descriptions for the drainage and utility easements (10 feet around each of the lots). From these descriptions Mr. Mertz should prepare easement deeds to the City. The driveway easement across Parcel B, in favor of Parcel A, is too narrow. Due to the distance from the street to the buildable portion of Parcel A, a fire access road is required, pursuant to the State Fire Code. This requires a 20 -foot wide paved surface. Allowing a very minimal five feet on each side of the driveway for snow storage, the easement should be 30 feet wide. The applicant's attorney should also provide an easement and maintenance agreement for the shared portion of the driveway. As an alternative to the fire access road, the fixture home on Parcel A could be served with a residential fire sprinkler system. If that is what is proposed, the driveway easement is still considered too narrow. In order to accommodate a 12 -foot wide driveway and minimal snow storage for .Parcel A, the easement should be 22 feet wide. In addition, the portion of the driveway to be shared by the two lots (at least 50 feet) should be wide enough (16 feet) to allow two cars to pass one another. This portion of the easement should be 26 feet wide. -2- Memorandum Re: Danser Minor Subdivision 31 January 2013 6. The applicant's surveyor has shown some minimal grading for the driveway leading to Parcel A. A grading plan for the new driveway should include whatever fill may be necessary to cross the southerly tip of the wetland. While it is assumed that the amount of fill necessary to accommodate the driveway will be minimal, it will require review and approval by the Minnehaha Creek Watershed District. 7. The two parcels on the east side of the road must be legally combined with Parcels A and B if the applicant proposes to have a dock for each lot. The combination of Parcels C and D with Parcels A and B, respectively, is subject to approval by Hennepin County. It may be necessary for the applicant to obtain consent for the conservation easement that coincides with the existing driveway easement from the adjoining property owner. This issue has been referred to the City Attorney for his recommendation. 9. The existing nonconforming guest house and the abandoned home must be removed from the site. if this will not be resolved prior to recording a resolution for the division /combination, a letter of credit or cash escrow for one and one -half times the amount of the work must be provided by the applicant. The applicant must provide bids for this work in order to determine the amount of the letter of credit. 10. The proposed subdivision does not require the removal of any trees. Any tree removal necessary for the construction of a house on the new lot can be addressed with the building permit for that lot. 11. Prior to release of the resolution approving the subdivision, the applicant must pay a park dedication fee ($5000), and a local sanitary sewer connection charge ($1200) for the new lot. Credit is given for the lot with the existing home on it. 12. Once the applicant has received the Council resolution approving the subdivision, he must record it with Hennepin County within 30 days or the approval is void. Often times it is recommended that a division /combination be approved subject to the attached conditions. If the Planning Commission is willing to make such a recommendation, subject to the conditions above, it is suggested that the issues associated with this application be resolved within 60 days and prior to the application being scheduled for Council review. Cc: Bill Joynes Paul Hornby Larry Brown Tull Deane Craig Mertz -3- cA m ra tV 0 � � I �. cn 0 n-I 9 0 F•l 4— Im of Chanhassen /Carver County border 1 1 SHED 12064 10 -30 -12 PROPOSED MI N ( I SUBDIVISION GEORGE W. DANSER & JEAN M. CARY IN LOTS 160,164 E 186, AUD. `;SIB. NO. HENNEPIN COUNTY, MINNESOTA ,f3UII/DING,SETBACK LINES / ' / II ; /�_ I 1 1 , -- / I I /'120040, .SF. 1 1 I / ....i....._1_.._.... ......._ / ......... .............._1 ......_..... ...._..1`...._........._._._1 300.80 1 I 50; II ; ; 10 ; '1 ; it \\\ 1 \ I 1 ��- / 1 I 1 0 1 I ' 1111 11'\ I \1 fl 1 j1 I IN ��M ---------------------- - - - - -- - -------- r_ _ EAsE�# m \lo 1 "9 X9'50" W. 31'1\.61 `\ 4 / ' 1 \ \ �40,40 +- S.I'.•, - sae- -: DENOTES EXISTING CONTOUR LINE PEXISTING PARCEL A OUSE The West 300.80 feet of Lot 160, Auditor's Subdivision No. 120, Hennepin County, Minnesota, EXISTING ILLUAL UtbUhu`I1UN ALSO that part of the North 120 feet of said Lot 160 lying East of the West 300.80 feet of said Lot Lot 160; 160 and West of the East 17.00 feet of said Lot. The South 40 feet of Lot 164; PARCEL B That part of Lot 186 lying northerly of Registered Land Survey No. 471; That part of Lot 160, Auditor's Subdivision No. 120, Hennepin County, Minnesota, lying East of All in Auditor's Subdivision No, 120, Hennepin County, Minnesota. the West 300.80 feet of said Lot, West of the East 17.00 feet of said Lot, and South of the North DEEDS TO BE EXCHANGED WITH NEIGHBOR TO SOUTH (#5890) TO FINALIZE 120.00 feet of said Lot, EXCEPT that part of said Lot which lies East of the West 313.00 feet of COMPROMISE LOT LINE AGREEMENT DANSER TO HUSO said Lot and South of the North line of the South 2100.58 feet of Government Lot 7, Section 35, That part of the following described property: That Lot 160, Auditor's Township 117 North, Range 23 West of the 5th Principal Meridian. part of Suhdivision No. 120, Hennepin County, Minnesota, lying East of the West 313 feet thereof; PARCEL C The South 40.00 feet of Lot 164, and that par[ of Lot 186 lying North of the South 80.61 feet of Which lies South of the North line of the South 2100.58 feet of Government Lot 7, Section 35, that part of said Lot 1861ying northerly of Registered Land Survey No. 471, all in Auditor's Township 117 North, Range 23 West of the 5th Principal Meridian. Subdivision No. 120, Hennepin County, Minnesota. HUSO TO DANSER PARCEL D The South 80.61 feet of that part of Lot 186, Auditors Subdivision No. 120, Hennepin County, g p That Pfhaof art ofoLot 160, Auditorr''ss Minnesota, lying North of Registered Land Survey No. 471. Subpdivrtsion No. 120, Hennepin County, Minnesota, lying East of the West 313 feet thereof; Which lies North of the North line of the South 2100.58 feet of Government Lot 7, Section 35, Township 117 North, Range 23 West of the 5th Principal Meridian. PARCEL TO BE DEEDED AS ROAD The East 17.00 feet of that part of Lot 160, Auditor's Subdivision No. 160, which lies South of the North line of the South 2100.58 feet of Government Lot 7, Section 35, Township 117 North, Range 23 West of the 5th Principal Meridian. I \I I I N' I \ J RP OPOSED \\ DIVIDING - -- --\�- LIN E - - -- - __- - -_ f , / 4670\ \�.F.\\\ EXISTIN HOUSE REMOVED) - I+ — \ BUILDING SErBAGKtiNE9- _ _____�_ __ \` -- r' PROBE iii pF(IV 9W€ T ys _��`O �` T08 PARCEL -A—___ --- ------- -� —x - x N 0'50' E 369.92 -- -- F == _ _- - -- COMPROMISE LOT LINE PER AGREEMENT BETWEEN NEIGHBORS BEING 2100.58 FT. 3 V�G °'•',P NORTH OF AND PARALLEL WITH THE SOUTH LINE OF GOVT LOT 7 cYi EXISTING o HOUSE #5890 35.8 \ 1 I I \ \I I \ it \ I I \\ II \ N�\ il \\ \ 1 d?0 +- S.F. \ I \ OHW =932.77 17 1 6 ? \ \ DIVI[�ING LINE EdGE OF DELIN- 0 mOM I l t \ EA\TED WETLAND W z QW N z� NO. 1 [ 202' GEORGE \ \ �40,40 +- S.I'.•, - sae- -: DENOTES EXISTING CONTOUR LINE \zh 49.94, L\,,49.64, PARCEL A W (¢7 The West 300.80 feet of Lot 160, Auditor's Subdivision No. 120, Hennepin County, Minnesota, ALSO that part of the North 120 feet of said Lot 160 lying East of the West 300.80 feet of said Lot 4 7 1 160 and West of the East 17.00 feet of said Lot. PARCEL B 1 That part of Lot 160, Auditor's Subdivision No. 120, Hennepin County, Minnesota, lying East of the West 300.80 feet of said Lot, West of the East 17.00 feet of said Lot, and South of the North 5840 CHRISTMAS LAKE ROAD 120.00 feet of said Lot, EXCEPT that part of said Lot which lies East of the West 313.00 feet of 0 a i said Lot and South of the North line of the South 2100.58 feet of Government Lot 7, Section 35, Township 117 North, Range 23 West of the 5th Principal Meridian. (LOT 160 AND THE SOUTH 40 FEET OF LOT 164, PARCEL C The South 40.00 feet of Lot 164, and that par[ of Lot 186 lying North of the South 80.61 feet of that part of said Lot 1861ying northerly of Registered Land Survey No. 471, all in Auditor's Subdivision No. 120, Hennepin County, Minnesota. PAMELA DANSER 250 S. ESTF^ ^^ °" " PARCEL D The South 80.61 feet of that part of Lot 186, Auditors Subdivision No. 120, Hennepin County, •^ Minnesota, lying North of Registered Land Survey No. 471. 35.8 \ 1 I I \ \I I \ it \ I I \\ II \ N�\ il \\ \ 1 d?0 +- S.F. \ I \ OHW =932.77 17 1 6 ? \ \ DIVI[�ING LINE EdGE OF DELIN- 0 mOM I l t \ EA\TED WETLAND W z °\ iC3J N o DENOTES IRON MARKER SET NO. 1 [ 202' GEORGE \ \ �40,40 +- S.I'.•, - sae- -: DENOTES EXISTING CONTOUR LINE \zh 49.94, L\,,49.64, Q \ \ 55.04 27+ \ ` S 89°26'08" W OWNERS 4 7 1 U 1 v! tit �s i a5� t w soh » z j y_z�w �o <w_>,o 0 30 60 120 w wow w¢¢LL d o SCALE IN FEET H<3: a DENOTES IRON MARKER FOUND Exhibit B (THAT PAF o DENOTES IRON MARKER SET NO. 1 [ 202' GEORGE w - sae- -: DENOTES EXISTING CONTOUR LINE DURHAM, 1 -{spa —: DEONTES PROPOSED CONTOUR LINE OWNERS (n n m PROPERTYADDRESS Y 5840 CHRISTMAS LAKE ROAD 0 a i SHOREWOOD MN 5 (LOT 160 AND THE SOUTH 40 FEET OF LOT 164, AUD. SUB. NO. 120) 3 PAMELA DANSER 250 S. ESTF^ ^^ °" " Li •^ CHAPEL H PROPER I, NASSIG UNASSI h Exhibit B (THAT PAF NO. 1 [ 202' GEORGE PROPOSED SUBDIVISION 2023 W CL DURHAM, 1 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 Phone: (952) 960 -7900 • FAX: (952) 474 -0128 • Email: planning @ci.shorewood.mn.us PLANNING AND PROTECTIVE INSPECTIONS MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 February 2013 RE: Trail Planning Process FILE NO. 405(Trails Implementation Plan) Section VI. of the Shorewood Trail Implementation Plan adopted last year contains an implementation process (see attached) that has been noted as being in need of updating. At very minimum, the references to the Park Commission need to be changed since this function has been turned over to the Planning Commission. As we have progressed with the two trail segments under way, it has become very apparent that the process needs to be clarified and updated. For example, the trail walk that was included in the original process, while very valuable to staff and the Planning Commission, appears to have little value with respect to obtaining resident input, and is very cumbersome to implement. At the same time, the open house format meeting used for the Smithtown Road (West) trail project was considered to be very successful. Finally, the time allowed for various functions is completely unrealistic. Trail planning needs to happen fairly early in the year in order to hope for construction the following year. Foremost in this process is the time it takes to acquire easements. Staff will present a suggested outline for a revised process at Tuesday night's meeting. Cc: Bill Joynes Paul Hornby Larry Brown Laura Hotvet A Residential Community on Lake Minnetonka's South Shore VI. Trail Implementation Process This outlines the general process the city will follow in implementing the trail plan. July — September the park commission reviews the trail plan and available funding then makes recommendations to the Council. • December, the Council adopts the final Capital Improvement Plan for Trails as indicated in the plan and /or recommended by the Park Commission. • During the months of January — April staff prepares rough cost estimates for the project based on general design standards e.g. 6' bituminous, researches easements, conducts preliminary review with the Watershed District, and identifies stakeholders. • May — August the proposed plan is reviewed by the park commission and neighborhood meetings and walks are held to go over the project, answer questions regarding funding, timing, maintenance, etc. September — December staff prepares final plans and specifications for the trail segment based on feedback provided by residents and park commission. 0 January — February staff publishes plans and specifications trail construction. • March — April staff provides recommendation to Park Commission on lowest responsible bidder and Park Commission provides recommendation to Council to proceed with award of the project. • May — August trail construction underway and completed. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 Phone: (952) 960 -7900 • FAX: (952) 474 -0128 • Email: planning @ci.shorewood.mn.us PLANNING AND PROTECTIVE INSPECTIONS MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 1 February 2013 RE: Zoning Discussion — General Provisions — Section 1201.03 Subd. 10.- Subd.21. FILE NO. Zoning Code — 1201.03 The 2013 Planning Commission Work Program includes a wrap -up of the review of the General Provisions section of the Zoning Code. Attached for your review is Subd. 10 through 21. While these subdivisions cover a lot of material, it is worth noting that the "Signs" section (Subd. 11.) has been reviewed quite thoroughly over the past couple of years. Also, Subd. 20. — Elderly Housing — will be taken on as a separate study of its own a little later this year. Cc: Laura Hotvet 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 Subd. 10. Essential services. a. Purpose. The purpose of this subdivision is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines and substations in a manner that the health, safety and welfare of the city will not be adversely affected. Essential services should also be installed in cognizance of existing and projected demands for the services. b. Special permit. All underground telephone lines, pipelines for local distribution, underground electric transmission lines and overhead electric transmission lines and substations less than 33 KV, when installed in any public right -of -way in any zoning district, shall require a special permit approved by the City Engineer. C. Requirements for special permit. All underground telephone lines, pipelines for local distribution, underground electric transmission lines and overhead electric transmission lines less than 33 KV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public rights -of- way, shall require a special permit issued by the city after approval by the City Engineer. Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements: (1) Prior to the installation of any of the previous essential services, the owner of the service shall file with the Zoning Administrator all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project; (2) The Zoning Administrator shall transmit the map(s) and accompanying information to the City Engineer for his or her review and approval regarding the projects relationship to the Comprehensive Plan and /or ordinances and parts thereof, (3) The City Engineer shall report in writing to the Zoning Administrator his or her findings as to the compliance of the proposed project with the Comprehensive Plan and ordinances of the city; (4) In considering applications for the placement of essential services, as regulated in this section, the aforesaid city staff shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated and the effect of the proposed project upon the Comprehensive Plan; (5) Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue a special permit for the installation and operation of the applicants essential services. If the Engineers report recommends the denial of the permit causing the Zoning Administrator to deny its 1201 -60 1201.03 Zoning Regulations 1201.03 issuance, the applicant may appeal the decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in . 1201.05 of this chapter. d. Requirements for conditional use. All transmission pipelines (i.e. pipelines not required for local distributing network) and overhead transmission and substation lines in excess of 33 KV shall be a conditional use in all districts subject to the following procedural requirements: (1) Prior to the installation of any of the previous essential services, the owner of the services shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City Council to review the proposed project; (2) The Zoning Administrator shall transmit the map and accompanying information to the City Council for its review regarding the projects relationship to the Comprehensive Plan and parts thereof. A part of this review shall be a written report from the City Engineer; (3) The City Council shall hold the necessary public hearings as prescribed by this chapter for conditional uses; (4) In considering the applications for the placement of essential services, as regulated by this subdivision, the City Council shall consider the advice and recommendations of the city staff and the effect of the proposed project upon the health, safety and general welfare of the city, existing and anticipated and the effect of the proposed project upon the Comprehensive Plan. Subd.11. Signs. a. Purpose. This subdivision is established to protect and promote health, safety, general welfare and order within the City of Shorewood through the establishment of a comprehensive and impartial set of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and /or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights -of -way or properties. The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and /or indiscriminate use of communication facilities. 1201 -61 2011 S -6 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 b. Permitted and prohibited signs. (1) Permitted signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this chapter: (a) Public signs; (b) Address signs; (c) Integral signs; (d) Every campaign sign must contain the name and address of persons responsible for the sign, and that person shall be responsible for its removal. Signs shall be permitted on each lot for a period of 100 days prior to and ten days after an election. All campaign signs or other noncommercial speech signs may be posted from 46 days before the state primary in a state general election year until ten days following the state general election, pursuant to M.S..211B.045. Signs posted both during and after this time period are subject to all other applicable requirements in this subdivision. At any time, the city shall have the right to remove signs that are prohibited under this subdivision, and assess a fee as provided from time to time by ordinance. Campaign signs or other noncommercial speech signs shall not be located closer than ten feet from any street surface, and shall not be placed in front of any property without the consent of the property owner; (e) Holiday signs, displayed for a period not to exceed 30 days and no larger than 32 square feet in area; (f) Construction signs. The signs shall be confined to the site of the construction, alteration or repair and shall be removed within two years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No sign may exceed 50 square feet; (g) Real estate sale or rental signs. Signs must be removed within 14 days after sale or rental of property. Signs may not measure more 1201 -62 2011 S -6 1201.03 Zoning Regulations 1201.03 than six square feet in Residential Districts, nor more than 20 square feet in all other districts. There shall be only one sign per premises. Corner properties, however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in the front and one facing the lake; (h) Informational/directional signs shall not be larger than three square feet and shall conform to the location provisions of the specific district; (i) Owner - occupant signs. One residential name sign, not to exceed two square feet in area, identifying only the name of the owner or occupant of a residential building. (2) Prohibited signs. The following signs are specifically prohibited by this chapter: 1201 -62A 2011 S -6 1201.03 2012S-7 Zoning Regulations 1201.03 (a) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic- control device; (b) Any sign which contains or imitates an official traffic sign or signal, except for private, on- premises directional signs; (c) Any sign which moves, rotates, has any moving parts or gives the illusion of motion, except for time and temperature information and dynamic display signs as regulated in g. of this subdivision; (d) Except for holiday signs and exceptions provided in provision c.(4) below, any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices; (e) Portable signs (except as provided in provision c.(4) below); (f) Signs which are attached in any manner to trees, fences, utility poles or other permanent supports; (g) No sign shall be illuminated with any flashing or intermittent lights, nor shall it be animated, except for time and temperature information. All displays shall be shielded to prevent any light to be directed at on- coming traffic in the brilliance as to impair the vision of any driver. No device shall be illuminated in a manner as to interfere with or obscure an official traffic sign or signal. No light shall be directed onto a lake so as to interfere with navigation thereon; (h) Roof signs. (i) Window signs where the total area of such signs exceeds 10% of the total glass area of the window space as viewed from the street, to a maximum of 20 square feet. C. General provisions. (1) All signs shall comply with the Minnesota State Building Code as may be amended. (2) When electrical signs are installed, the installation shall be subject to the State Building Code as may be amended. 1201 -63 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) No portion of any sign shall be located within five feet of any property line. No signs other than governmental signs and political campaign signs as provided in b.(1)(d) of this subdivision shall be erected or temporarily placed within any street right -of -way or upon public lands or easements or rights -of -way. Any unauthorized signs located in public right -of -way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice. (4) Temporary signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12 -month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use; (ii) Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan; (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties; (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign; 1201 -64 2010 S -5 1201.03 Zoning Regulations 1201.03 (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length; (vi) There shall be a minimum spacing between signs of seven feet; (vii) The maximum number of signs per ball field is 15; (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached, torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the city; (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign; (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission; (xi) The nonprofit athletic association must obtain an annual license from the city and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season; and (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. (5) No sign or sign structure shall protrude over a public right -of -way. (6) All signs which require a permit shall display, in a conspicuous manner, the owners name, permit number and date the sign was erected. (7) All height restrictions on signs shall include height of sign structure and be measured from lot grade. 1201 -64A 2010 S -5 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (8) In the case of a two - faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign. (9) Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy. (10) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no ore than three other non - commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building. 1201 -64B 2010 S -5 1201.03 Zoning Regulations 1201.03 (11) All signs requiring a permit from the city shall be subject to review and approval by the Zoning Administrator. d. Nonconforming signs. (1) The following are nonconforming signs: (a) Prohibited signs; (b) All other signs not prohibited that do not conform to the provisions of this chapter; (c) Billboards and advertising signs (except as provided in provision e.(3)(b) of this subdivision). (2) Except as provided in paragraph (5) below, all nonconforming and prohibited signs created by this chapter except those signs exempted by state statutes (M.S..462.357, subd. lc) shall be removed or brought into conformity with this chapter within the following time periods: (a) Any sign in violation of prohibited signs: six months from the date of the enactment of this chapter; (b) All other nonconforming signs: upon approval of any building permit, sign permit, or other zoning action. (3) A nonconforming sign may not be: (a) Changed to another nonconforming sign; (b) Structurally altered except to bring into compliance with the provisions of this chapter; (c) Expanded; (d) Reestablished after its removal; (e) Reestablished after damage of more than 50% of sign replacement cost except to bring into compliance. (4) Nothing in this subdivision shall be construed as relieving the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this subdivision regarding safety, maintenance and repair of signs contained in subdivision 1201 -65 2006S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 11 c; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status. (5) Notwithstanding provisions to the contrary within this subdivision, nonconforming off site directional signs located on public rights -of -way may continue upon a finding by the City Council that: (a) The sign is reasonably necessary to provide direction to the business which is advertised by the sign; (b) The sign (or a substantially similar predecessor) has been at the location for at least 20 years; (c) The sign has not represented a safety hazard or an obstruction to ordinary roadway maintenance activities. (6) The Council may condition the permission upon the owner of the establishment entering into an agreement with the city addressing matters, including liability, indemnity of the city, circumstances calling for removal of the sign, permit fees and other matters deemed appropriate by the city. (7) In lieu of permitting the existing sign to remain at its existing location the City Council may authorize the location of a substitute sign in the existing location or a different location. e. District regulations. The following sign standards by zoning district pertain to signs which require application and permit. (1) R -IA through R -3B Residential Districts. (a) Area identification signs (monument type only). One sign facing each bordering street shall be allowed for each development of 20 or more units. The sign shall not exceed 32 square feet in area, nor shall the sign structure exceed one -half of the allowable copy area. The signs shall be erected only at the dedicated street entrance, but not in the public right -of -way, may be indirectly illuminated and shall not exceed a height of eight feet above grade. (b) Institution signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be indirectly illuminated and shall not exceed a height of eight feet above grade. Freestanding signs located adjacent to intermediate or minor 1201 -66 2006S-1 1201.03 Zoning Regulations 1201.03 arterial streets, as identified in the Shorewood Comprehensive Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use permit, subject to the following: (i) The total area of signage, including the wall sign, shall not exceed 5% of the building silhouette as viewed from the street; (ii) The wall sign may be indirectly illuminated. (c) Park identification signs. One sign facing each bordering street. The sign shall not exceed 20 square feet in area nor eight feet in height. The signs may be indirectly illuminated. (d) Subdivision plat signs. No more than two temporary signs advertising a new subdivision plat, provided each sign does not exceed 32 square feet in area, identifying only the plat in which they are located, are nonilluminated and are erected only at dedicated street entrances to the plat. The signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold. (2) R -C Residential /Commercial. Subject to other conditions of this chapter, the following signs shall be allowed in the R -C District: (a) Signs are regulated in e.(I) above; (b) Business signs in the R -C Districts shall be subject to the requirements of. 1201.19 Subd. 8.d. of this code. 1201 -67 2007 S -2 Repl. 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) C -1 and C -2 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the C -1 and C -2 Districts. (a) Business signs. (i) The maximum number of signs for any principal building shall be three except by conditional use as provided in (c) below. The maximum total area for all signs shall be determined by taking 10% of the gross silhouette area of the front of the building. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. (ii) For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). (iii) Each lot will be allowed only one freestanding sign except as provided in (c) below. (b) Advertising signs. Advertising signs are allowed, provided the number and size of the signs shall be subtracted from the allowable number and size of allowable business signs provided in (a) above. In no case shall the area of advertising signs exceed 25% of the total allowable sign area. (c) Conditional uses. In the case of a shopping center or where there are two or more business uses, a conditional use permit may be granted to the entire shopping center in accordance with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10% of the gross area of the building silhouette shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. In the case of applying this conditional use permit to a shopping center, the shopping center may have two freestanding signs identifying the shopping center. 1201 -68 2007 S -2 Repl. 1201.03 2006 S -1 Zoning Regulations 1201.03 (d) Freestanding signs. Freestanding signs shall not exceed 20 feet in height or 80 square feet in area. The total area of the sign structure shall not exceed one -half of the allowable copy area. (e) Window signs. The total area of window signs shall not exceed 10% of the total area of windows as viewed from the street. Window signs with lettering exceeding 3.5 inches in height shall be debited against the total number and area of signs allowed for the property. (f) Menu boards. One menu board sign per restaurant use with a drive -up facility may be allowed in conjunction with a conditional use permit. The menu board shall not exceed 32 square feet in area, nor more than eight feet in height, and may be in addition to the freestanding sign on the property. Lettering size on the menu board shall not exceed two inches in height. (4) Signs permitted in the PUD Planned Unit Development District. (a) Signs permitted in PUDs shall be as approved by the City Council for each development and shall be consistent with the requirements for the district most closely associated with each use in the PUD. (b) For PUDs containing 20 acres or more of land, the city may allow larger construction signs than those allowed in b.(1)(f) of this subdivision. In determining the size and allowable area of signs in a PUD, the city shall take into consideration the functional classification and designated speed limit of adjacent roads and potential impact on adjoining residential areas. In no case shall the total allowable area of construction signs exceed three square feet for each acre of land within the PUD. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80 square feet. f. Permit issuance; fees. (1) No sign shall be erected in the City of Shorewood until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official (signs stipulated in b.(1) above shall be exempt from this requirement). No permit shall be granted until the necessary fee has been paid and until the Building Official, or staff representative, has made a preliminary inspection of the sign before installation and has ascertained that the sign and method of installation comply with all 1201 -69 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 requirements of this chapter. The Building Official may require that detailed plans and specifications be submitted with the application if necessary in his or her judgment. Following permit issuance and sign erection, the Building Official shall make a final inspection of the sign, and if it complies in every respect with the minimum standards set forth in this chapter, shall endorse on the permit his or her certificate of approval. (2) Fees: (a) Payment of fees. The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) Double fees. If a person begins work of any kind for which a permit from the city is required, without having secured the necessary permits therefor, either previous to or on the date of commencement of the work, he or she shall, when subsequently securing each permit, pay double the fee provided for the permit, or is subject to the penalty provisions of this chapter. (c) Initial fees. The City Council shall, from time to time, establish a fee schedule by ordinance. g. Dynamic display signs. (1) Purpose. The purpose of this section is to allow new technologies in commercial signage that allow messages to be easily updated, while at the same time preventing distraction to motorists and minimizing visual impacts of electronic signage on residential properties. The city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threat to public safety. (2) Permitted sign type and locations. (a) Dynamic display signs are permitted solely as free- standing signs and only in the C -1, General Commercial and C -2, Commercial Service Zoning Districts. Dynamic display signs shall be located no closer than 20 feet from a side lot line. The dynamic display portion of a freestanding sign shall be located at the bottom of the 1201 -70 2012S-7 1201.03 2012S-7 Zoning Regulations 1201.03 sign face. Any portion of a dynamic display sign that consists solely of an alpha- numeric message shall not be counted in the allowable area for the dynamic display sign, provided the alpha- numeric message remains static for no less than four hours at a time. (b) To the extent that signage is allowed in the residential zoning districts, including the R -C, Residential/Commercial Zoning District, dynamic display signs shall be restricted to conditional uses in those districts, and shall be limited to alpha- numeric signs only. Alpha- numeric institutional signs shall be limited to 20 square feet in area and shall be timed to remain static for no less than 90 minutes at a time. (3) Duration of image. A dynamic display signs image, or any portion thereof, may not change more often than once every ten minutes, except one for which changes are necessary to correct hour - and - minute, date, or temperature information and except as provided in (2) above. A display of time, date, or temperature must remain for at least ten minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every 60 seconds. (4) Transition. If a dynamic display signs image or any portion thereof changes, the change sequence must be instantaneous without any special effects. (5) Prohibition on video display. No portion of a dynamic display sign may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. (6) Prohibition on fluctuating or flashing illumination. No portion of a dynamic display sign image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. (7) Audio. Dynamic display signs shall not be equipped with audio speakers. (8) Malfunctions. Dynamic display signs must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic display signs must also be equipped with a means to immediately 1201 -70A 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this subdivision. (9) Brightness. All dynamic display signs shall meet the following brightness standards: (a) No dynamic display sign may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between sunset to sunrise as measured from the signs face at maximum brightness. (b) All dynamic display signs having illumination by means other than natural light must be equipped with an ambient light sensor and a dimmer control or other mechanism to continuously adjust the signs brightness to ensure at any time the signs intensity does not exceed 0.3 foot candles above ambient light levels as measured from 100 feet from the signs face and automatically controls the signs brightness to comply with the requirements of this subdivision. (c) No dynamic display sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (d) The owner or controller of the dynamic display sign must adjust the sign to meet these brightness standards in accordance with the city+s instructions. The adjustment must be made immediately upon notice of non - compliance from the city. (e) A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. (10) Sign area limitation. Dynamic display signs are allowed only on free standing signs in the permitted districts. Dynamic display signs may occupy no more than 25% percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 1201 -70B 2012S-7 1201.03 Subd. 12. 2012S-7 Zoning Regulations 1201.03 (11) Distance from residential /hours. Dynamic display signs shall be located not closer than 100 feet from a residential zoning district and any dynamic display sign located within 500 feet of single- and two - family residential homes must be programmed to freeze the image between the hours of 10:00 p.m. and 6:00 a.m. Home occupations. a. Purpose. The primary purpose of this subdivision is to provide a means through establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. It is further intended that businesses which may be allowed within residential districts should not gain an unfair economic advantage over businesses located in districts zoned for business uses. In addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed as accessory uses within residential zoning. b. Application. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this subdivision. C. Procedures and permits. (1) Limited home occupation . Any home occupation, as defined in this code and which qualifies as a limited home occupation under section d.(2) of this subdivision shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit, but shall comply with all other applicable provisions of this code. (2) Special home occupation. Any home occupation which does not meet the specific requirements for a limited home occupation as set forth in section d.(2) of this subdivision shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of. 1201.04 of this chapter. (3) Declaration of conditions. The Planning Commission may recommend and the City Council may impose the conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. 1201 -70C 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (4) Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper. (5) Transferability. Permits shall not run with the land and shall not be transferable. (6) Lapse of special home occupation permit by nonuse. Whenever, within one year after granting a permit, the use as approved by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. (7) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered gain by the Planning Commission or City Council for at least six months 1201 -70D 1201.03 Zoning Regulations 1201.03 from the date of its denial unless a decision to reconsider the matter is made by not less than four -fifths vote of the full City Council. (8) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered as a new permit without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. d. Requirements, general provisions. All home occupations shall comply with the following general provisions and according to classification, the applicable requirement provisions. (1) General provisions. (a) No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. (b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. (c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses. (d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. (e) There shall be no exterior storage of equipment or materials used in the home occupation. (f) The home occupation shall meet all applicable fire and building codes. (g) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. 1201 -71 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (h) All home occupations shall comply with the provisions of the city nuisance ordinance (Chapter 502). (i) No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and does not require any on- street parking facilities. (j) Parking accessory to home occupations shall comply with the requirements of subdivision 5 of this section. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway. No vehicle shall be parked closer than 25 feet from the curb line or edge of the paved street surface. (2) Requirements - limited home occupations. (a) No person other than those who customarily reside on the premises shall be employed. (b) All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. (c) Examples of limited home occupations include but are not limited to: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time. None of the above shall service more than one person in the home at a given time. (d) The home occupation shall not include any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over - the - counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in wholesale or retail outlets. (3) Requirements - special home occupation. (a) Not more than one person other than those who customarily reside on the premises shall be employed. (b) Special home occupations may be conducted within an accessory building. 1201 -72 1201.03 Zoning Regulations 1201.03 (c) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. (d) The home occupation may include any of the following: stock- in- trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. e. Nonconforming use. Existing home occupations lawfully existing on the date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation within one year subsequent to the adoption of this chapter. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision. f. Inspection. The City of Shorewood reserves the right, upon issuing any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed. Subd. 13. Flood plain development. Any development of land located within the flood plain, as defined in .1201.02, shall comply with the provisions of the Shorewood Flood Plain Ordinance (No. 109, Chapter 1101), as may be amended. Subd. 14. Regulations applicable to shoreline property. a. No structure of any kind except docks, stairways and lifts shall be built within the required setback from the ordinary high water level of a meandered lake, as provided in . 1201.26, subdivision 5 of this code. b. Docks and wharves, permanent or floating, shall not be built, used or occupied on land located within the R Districts until a principal dwelling has been constructed on the lot or parcel. C. The number of docks per lot or parcel of land in the R Districts shall be limited to one, and the same shall be operated, used and maintained solely for the use of the members of the family or families occupying the property upon which the dock is located. The dock shall connect to the shoreline at only one location, no wider than four feet, and shall extend into the lake at least eight feet beyond the ordinary high -water mark before branching out to form slips. The width of the 1201 -73 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 dock shall not exceed four feet at any point, except that at one location the dock may be no wider than eight feet for a length of eight feet. The number of restricted watercraft, as defined by the Lake Minnetonka Conservation District (LMCD) that may be docked or moored on a single property is limited to four. The dock owner may exceed four restricted watercraft only by obtaining an annual multiple dock/mooring license from the LMCD and a conditional use permit from the city, which permit shall be subject to the following conditions: (1) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that all boats stored at the dock are owned, registered and operated by the residents of the property on which the dock is located. (2) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that the dock is the minimum size necessary to store the boats owned, registered and operated by the residents of the subject property. (3) Boat canopies shall be limited to the size and number that is required to cover no more than four of the restricted watercraft. (4) The provisions of .1201.04, subdivision l.d.(1) are considered and satisfactorily met. d. No boat, barge, boathouse or other floating vessel or structure tied or connected to a dock or wharf located within the city limits shall be used as a permanent, temporary or seasonal residence. e. No dock or wharf, permanent or floating structure shall be located or constructed within ten feet of the side lot line of any lot or parcel projected into the lake. f No dock located within the R Districts shall extend further into the water than reasonably necessary to provide docking space for boats and crafts used by the owner of the dock, and under no circumstance shall a dock create a safety or navigational hazard or block any channel or access to the lake from adjoining lots or parcels. g. Unless specified otherwise in the city zoning code, all docks on all lakes shall comply with the Lake Minnetonka Conservation District Code of Ordinances. 1201 -74 2007S-2 1201.03 Zoning Regulations 1201.03 h. Seaplane operations shall be subject to Minn. Rules 8800.2800 (Seven - County Metropolitan Region Seaplane Operations), as may be amended, which are adopted herein by reference. Subd. 15. Wetland development. Any development of land located within wetland areas, as designated on the Shorewood Wetlands Map, shall comply with the provisions of the Shorewood Wetlands Ordinance (No. 70, Chapter 1102 of the City Code), as may be amended. Subd. 16. Subdivision of two-family or quadraminium lots. The subdivision of base lots containing two - family dwellings or quadraminiums to permit individual private ownership of a single dwelling within the structure is acceptable upon the approval by the City Council. Approval of a subdivision request is contingent on the following requirements. a. Prior to a two - family dwelling or a quadraminium subdivision, the base lot must meet all the requirements of the zoning district. b. There shall be no more than one principal structure on a base lot in all residential districts. The principal structure on unit lots created in a two - family or quadraminium subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots. C. Permitted accessory uses as defined by the zoning districts are acceptable, provided they meet all the zoning requirements. d. A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for his or her review and subject to approval. The agreement shall insure the maintenance and upkeep of the structure and the lots to meet minimum city standards. The agreement is to be filed with the Hennepin County Recorders office as a deed restriction against the title of each unit lot. e. Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. 1201 -74A 2007S-2 1201.03 Zoning Regulations 1201.03 f. The subdivision and maintenance agreement are to be processed and recorded in conformance with the requirements of the Shorewood Subdivision Ordinance, Chapter 1202. Subd. 17. Plan review. a. Purpose. The purpose of this subdivision is to establish a formal plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards as agreed to by the contractor through his or her officially submitted plan documents. b. Plans required. In addition to other plan requirements outlined in this chapter, site and construction plans will be required and shall be submitted to and approved by the Building Official prior to the issuance of any building permit. C. City Council action. Except in the case of minor projects, additions or alterations as determined by the Zoning Administrator, all building and site plans for multiple - family or commercial construction shall be subject to review by the Planning Commission and approval by the City Council. d. Plan agreements. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard or specification without prior submission of a plan modification request to the Building Official for his or her review and approval. e. Enforcement. The Building Official shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the Building Official. Subd. 18. Solar access. (Reserved for future use). Subd. 19. Fire lanes. a. Purpose. Recognizing that all fire lanes are to provide lake access to the public, this subdivision is established to identify, classify and regulate the use thereof based upon their historic use within the city. b. Use classifications. The use of fire lanes in Shorewood shall be restricted to one of the following classifications: (1) Class I may be used for pedestrian access to the lake, fishing from shore, launching canoes and other small boats not requiring a trailer and cross - country skiing; 1201 -75 1201.03b Shorewood - Zoning and Subdivision Regulations 1201.03 (2) Class II may be used for all of the activities as designated in Class I except fishing, as well as snowmobile access during the winter, parking and swimming; (3) Class III may be used only for pedestrian access to the lake, fishing, launching canoes and other small boats not requiring a trailer. In addition, a single dock may be installed subject to the following: (a) The person or group of persons installing the dock shall be Shorewood residents and apply for an annual building permit prior to installation of the dock; (b) The total length of the dock shall not exceed 25 feet; (c) The dock shall be installed by a professional installer and maintained in a safe and workmanlike manner; (d) The use of the dock shall be for the general public and shall not be limited to use by those who install it; (e) Docking of boats shall be limited to daytime hours only between sunrise and sunset; (f) The dock shall comply with all requirements of the Lake Minnetonka Conservation District. C. Designation of fire lanes. The following fire lanes shall be identified on the Official Zoning Map and shall be classified as follows: (1) Class L 1- Enchanted Island, 2 -Shady Island, 3 -Grant Lorene, 4 -Third Street, 7- Femcroft, 8 -Ivy Lane, 9- Rustic Way South, 10- Rustic Way North; (2) Class IL 6- Crescent Beach; (3) Class III: 5- Eureka. d. General regulations. (1) Fire lanes shall be used only for the activities provided for in subdivision b above. No sporting activities shall be allowed which involve thrown objects such as catch, softball, baseball, frisbee, volleyball or football. 1201 -76 1201.03 Zoning Regulations 1201.03 (2) Fire lanes shall be subject to the rules and regulations contained in Shorewood Ordinance 140, as may be amended, (Chapter 902) pertaining to the use of city parks, including, but not limited to, use of intoxicating beverages. (3) Maintenance and improvements of fire lanes shall be the sole responsibility of the city. No one shall maintain or make improvements, except as modified herein, without the approval of the City Administrator /Clerk or his or her agent. (4) Except in Class II fire lanes, there shall be no parking of automobiles, boat trailers or snowmobiles on or adjacent to any of the fire lanes identified herein. (5) Except for snowmobiles in Class II fire lanes, motorized vehicles shall be prohibited on fire lanes. (6) Lots with side yards abutting fire lanes shall provide a total of 30 feet of side yard setback with no one side being less than ten feet. Subd. 20. Elderly housing. a. Purpose. The purpose of this subdivision is to provide opportunities for elderly housing within residential zoning districts and to maintain compatibility with other uses within those districts. b. Conditional use. Elderly housing shall be allowed by conditional use permit in the following zoning districts: R -1 A, R-113, R -1 C, R-11), R -2A, R -213, R -2C, R -3A, R -313 and R -C. In addition the following conditions shall apply: (1) Elderly housing projects shall be processed as planned unit developments (P.U.D.) in compliance with . 1201.06 of this code; (2) Occupancy of each dwelling unit shall be limited to no more than two adults, 62 years of age or older. Occupancy of dwellings which qualify as mhousing for older persons• under the Federal Fair Housing Act shall be limited to two adults, 55 years of age or older. The occupancy limitations shall be memorialized in restrictive covenants approved by the city and filed with the Hennepin County Recorder. Exception: the occupancy limitations stated above shall not apply to one adult live -in care - provider serving the needs of the primary occupant(s), provided that if the care - provider resides on the premises for more than 30 days, notice must be given to the Zoning Administrator; 1201 -77 2012S-7 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) To continue to qualify for the elderly housing classification, the owner, homeowners association or agency shall annually file with the City Administrator /Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of the building or buildings, listing the number of tenants or occupants by age, by unit; (4) Adequate off - street parking must be provided in compliance with Subd. 5 of this section. Parking plans must show room on the site for at least one garage space per dwelling unit; (5) Parking areas for five or more cars must be screened and landscaped from view of surrounding residential property, in compliance with Subd. 2g of this section; (6) All signing and informational or visual communication devices shall be in compliance with Subd. 11 of this code. (7) All structures shall comply with the Minnesota State Building Code; (8) The residential density of elderly housing projects shall not exceed the following: (a) R -IA and R -1B: Four units per acre; (b) R -1C, R -1D, R -2A, R -2B, and R -2C: Eight units per acre; (c) R -3A, R -3B and R -C: Ten units per acre; (9) The minimum site size for elderly housing projects shall be three acres; (10) Dwelling units may be detached or attached; (11) Building heights shall be limited to one and one -half stories in all districts except the R -3A, R -3B and R -C zoning districts in which buildings may be three stories; (12) Where allowed, multiple - family elderly housing must have elevator service to each floor; (13) Usable open space as defined in this chapter is equal, at a minimum, to 20% of the gross lot area; (14) The provisions of. 1201.04 Subd. ld(1) are considered and satisfactorily met. 1201 -78 1201.03 Zoning Regulations 1201.03 C. Fees reduced. Park dedication fees as required in . 1202.07 of this code and local sanitary sewer access charges as required in . 904.18 Subd. 1 of this code shall be charged on the basis of the development potential of property as currently zoned. Fees shall not be charged for additional residential units achieved under b(8) of this subdivision. Subd. 21. Telecommunications towers and facilities. a. Purpose. The general purpose of this subdivision is to regulate the placement, construction and modification of telecommunications towers and facilities in order to protect the health, safety and welfare of the public, while complying with the provisions of the Federal Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996. The specific purposes of this subdivision are: (1) To regulate the location of telecommunications towers and facilities; (2) To protect residential areas and land uses from potential adverse impacts of telecommunications towers and facilities; (3) To minimize any adverse impacts of telecommunications towers and facilities through design, siting, landscaping and innovative camouflaging techniques; (4) To promote and encourage shared use and co- location of telecommunications towers and antenna support structures; (5) To avoid damage to adjacent properties caused by telecommunications towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound; (6) To ensure that telecommunications towers and facilities are compatible with surrounding land uses. b. Development of towers. (1) A tower shall be a conditional use in the C -3, General Commercial and C -4, Commercial Service Zoning Districts. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Council and a building permit issued by the Building Official. 1201 -79 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (2) The city may, by conditional use permit, authorize the use of city property for towers in accordance with the procedures of this code. The city has no obligation to allow the use of city property for this purpose. (3) No telecommunications facilities may be located within a distance equal to twice the height of the proposed tower of any use that involves the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas and corrosive or dangerous chemicals, unless the applicant can demonstrate with credible engineering data, to the satisfaction of the city, that no danger exists in locating the telecommunications facilities in the proposed proximity to the uses. (4) The development of a tower is subject to the following additional restrictions: (a) Unless the applicant presents clear and convincing evidence to the city, that co- location is not feasible, a new tower may not be built, constructed or erected in the city, unless the tower is capable of accommodating additional telecommunications facilities owned by other persons, and the tower owner agrees to comply with the provisions of the subsection relating to existing towers. A new tower shall be designed and built to accommodate three times the towers initial loading capacity. If the tower is less than 100 feet in height it shall be built to accommodate two times the towers initial loading capacity. (b) A development approval to develop, build, construct or erect a tower will not be granted to a person on the basis that it is economically unfeasible for that person to co- locate or install telecommunications facilities on a tower or antenna support structure owned by another person. (5) An application to develop a tower must include: (a) The names, addresses and telephone numbers of all owners of other towers or antenna support structures and the locations of the structures, within a one mile radius of the proposed new tower site; (b) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co- locate the applicants telecommunications facilities on towers or antenna support structures located within a one -half mile radius of the proposed tower site; 1201 -80 1201.03 Zoning Regulations 1201.03 (c) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co- located on another persons tower or antenna support structure located within a one half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicants wireless communications system; (d) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications service enjoyed by adjacent residential and nonresidential properties; (e) Written evidence from an engineer that the proposed structure meets the structural requirements of this code. (6) Setbacks. (a) A tower must be located on a single parcel such that the base of the tower is no closer to the property line than the height of the tower, unless a qualified engineer specifies in writing that the failure of the tower will occur within a lesser distance under reasonably foreseeable circumstances. In no case will the tower be located outside the buildable area of the lot. (b) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. (7) Structural requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the Uniform Building Code and any other standards set forth in this subdivision. (8) Height. A tower may not exceed 125 feet in height. (9) Separation or buffer requirements. Towers must be separated from land used or planned for residential use by a minimum of 90 feet or 100% of the height of the proposed tower, whichever is greater. Setbacks may be reduced where abutting nonresidential uses, but in no case shall the setback be less than that which is required for the zoning district in which the property is located. The minimum tower separation distance is calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subdivision is measured from the base of a tower to the closest point of the proposed site. 1201 -81 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (10) Method of determining tower height. Measurement of tower height must include the tower structure itself, the base pad and any other telecommunications facilities attached thereto. Tower height is measured from grade. (11) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance which is three times the height of the tower from the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the City Council may approve the placement of an antennae on an existing or proposed lighting standard, provided that the antennae is integrated with the lighting standard. (12) Exterior finish. Towers not requiring FAA painting or marking must have an exterior finish as approved in the site plan. (13) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where the tower or antenna support structure is located, unless more stringent fencing requirements are required by FCC regulations. (14) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with landscaping requirements in the site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet the setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non - vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. (15) Security. Towers must be reasonably posted and secured to protect against trespass. (16) Access. Parcels upon which towers are located must provide access during normal business hours to at least one paved vehicular parking space on site. 1201 -82 1201.03 Zoning Regulations 1201.03 (17) Stealth. All towers shall be, to greatest extent reasonably possible, in the discretion of the city, of stealth design. Stealth shall not require towers or telecommunications facilities to be totally hidden and does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs. (18) Existing towers. (a) Any owner upon whose land a tower is located, which contains additional capacity for installation or co- location of telecommunications facilities, may allow other persons to install or co- locate telecommunications facilities on a tower. Any co- location shall require amendment of the original conditional use permit granted for the tower. (b) An existing tower may be modified to accommodate co- location of additional telecommunications facilities as follows: (i) Application for a building permit shall be made to the City Building Official; (ii) The total height of the modified tower and telecommunications facilities attached thereto shall be established by the new conditional use permit, if granted; (iii) Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this subdivision. The towers premodification height shall be used to calculate the distance separations; (iv) A tower which is being rebuilt to accommodate the co- location of additional telecommunications facilities may be moved on site subject to the setback requirements of this subdivision. (19) Abandoned or unused towers or portions of towers. Abandoned or unused towers and associated above - ground facilities must be removed within six months of the cessation of operations of an antenna facility at the site unless an extension is approved by the City Council. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site must be submitted at the time of application. If a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. 1201 -83 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (20) Evaluation and monitoring. As a condition of approval for telecommunication facilities, the applicant shall reimburse the city for its costs to retain outside expert technical assistance to evaluate any aspect of the proposed siting of telecommunications facilities. The owner of a telecommunications facility shall provide the city with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the city+s reasonable request. If the owner does not promptly provide the city with satisfactory technical evidence of FCC compliance, the city may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the city for its reasonable costs in carrying out the compliance testing. (21) Variances. The City Council may grant a variance to the setback, separation or buffer requirements and maximum height provision of this subdivision based only on the criteria set forth in .1201.05 of this code. (22) Additional criteria for variance. The City Council may grant a variance pursuant to .1201.05 of this code if the applicant also demonstrates with written or other satisfactory evidence that: (a) The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area and not change the character of the neighborhood in which the tower is proposed to be located; (b) The variance will not create a threat to the public health, safety or welfare; (c) In the case of a requested modification to the setback requirement, that the size of plat upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site but poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land; (d) In the case of a request for modification of separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicants wireless communications system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area; 1201 -84 1201.03 Zoning Regulations 1201.03 (e) In the case of a request for modification of the maximum height limit, that the modification is necessary to: (i) Facilities co- location of telecommunications facilities in order to avoid construction of a new tower; or (ii) To meet the coverage requirements of the applicants wireless communications system, which requirements must be documented with written, technical evidence from an engineer. (23) Failure to comply. (a) If the permittee fails to comply with any of the terms imposed by the conditional use permit, the city may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. (b) Except as provided in subsection (23)(c) below, the imposition of any penalty shall be preceded by: (i) Written notice to the permittee of the alleged violation; (ii) The opportunity to cure the violation during a period not to exceed 30 days following receipt of the written notice; and (iii) A hearing before the City Council at least 15 days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. (c) If the city finds that exigent circumstances exist requiring immediate permit revocation, the city may revoke the permit and shall provide a post- revocation hearing before the City Council not more than 15 days after permittee+s receipt of written notice of the hearing. Following the hearing, the City Council may sustain or rescind the revocation or may impose the other and further discipline as it deems appropriate. 1201 -85 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.04 (d) Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. Task Zoning Code Study - finalize review of general Code Amendment - noise ordinance Update Trail Implementation Process Smithtown Crossing - What's Next? Trail Plan - Galpin Lake Road Trail Plan - Mill Street Zoning Code Study - zoning permits (revisit) - Zoning Code Study - wind generators Zoning Code Study - life cycle hsg. - Comp Plan - Planning District 6 (revisit) - Annual Variance Discussion - Comp Plan - policies re variances and noncon Zoning Code Study - residential districts Items mission rmities - Planning Commission Work Program 2013 March I April Plannina Commission June July I Auaust I Sentember i October I N Staff I City Council I I PH I Public Hearin 01/31/131