07-07-15 Planning Comm Mtg Agenda
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, 7 JULY 2015 7:00 P.M.
A G E N D A
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
MADDY (Jun) ______
BEAN (Jul) ______
JOHNSON (Aug) ______
DAVIS (May) ______
GENG (Apr) ______
APPROVAL OF AGENDA
APPROVAL OF MINUTES
2 June 2015
1. 7:00 P.M. PUBLIC HEARING – ZONING TEXT AMENDMENT – SIGNS IN
THE R-C, RESIDENTIAL/COMMERCIAL ZONING DISTRICT
Applicant: Todd Frostad
2. 7:10 P.M. PUBLIC HEARING – ZONING TEXT AMENDMENT – SIDE YARD
SETBACK FOR MECHANICAL EQUIPMENT IN SHORELAND ZONING
OVERLAY DISTRICT
W O R K S E S S I O N
3. SMITHTOWN CROSSING REDEVELOPMENT AND BADGER PARK
MASTER PLAN RELATIVE TO MCC REDEVELOPMENT
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 COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, JUNE 2, 2015 7:45 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:46 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Bean, Davis, Johnson and Maddy; Planning Director
Nielsen; and Council Liaison Labadie
Absent: None
APPROVAL OF AGENDA
Davis moved, Maddy seconded, approving the agenda for June 2, 2015, as presented. Motion
passed 5/0.
APPROVAL OF MINUTES
May 5, 2015
Maddy moved, Bean seconded, approving the Planning Commission Meeting Minutes of May 5,
2015, as amended in Page 6, Paragraph 7 and Page 7, Paragraph 9 change “site” to “sight” and on
Page 9, Paragraph 3 (after the numbered items) change “front yead” to “front yard”. Motion
passed 5/0.
1. MINOR SUBDIVISION
Applicant: Janie Korin
Location: 6135 Cathcart Drive
Chair Geng explained the Planning Commission is comprised of residents of the City of Shorewood who
are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The
Commission’s role is to help the City Council in determining zoning and planning issues. One of the
Commission’s responsibilities is to conduct reviews, such as this subdivision request, and to help develop
the factual record for an application and to make a non-binding recommendation to the City Council. The
recommendation is advisory only.
Director Nielsen explained Janie Korin has requested approval to subdivide her property located at 6135
Cathcart Drive into two lots. The property contains 5.1 acres and is zoned R-1A, Single-Family
Residential. That zoning district requires a minimum lot size of 40,000 square feet. The Korin home
currently occupies the southerly portion of the property. The northerly portion of the property has a fairly
large wetland area on it. As proposed, the southerly lot, with the house on it, would have 87,106 square
feet of area. The new northerly lot would have 119,935 square feet of area; approximately 33,790 square
feet consists of wetland.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
June 2, 2015
Page 2 of 5
He noted this request was approved last year subject to the applicant obtaining an updated wetland
delineation. The applicant was unsure at the time whether to pursue the subdivision or sell the property as
one lot. The deadline for recording the division lapsed so she has filed a new application.
With regard to the analysis of the case, Nielsen explained that even though both of the proposed lots meet
or exceed the lot size requirements of the R-1A zoning district, there are two issues that must be resolved
as part of the approval process: 1) street right-of-way (ROW); and 2) wetland conservation easements.
1. The right-of-way for Cathcart Drive, which serves the property, is substandard. It is 33 feet wide
abutting the Korin property. The land across the street is unlikely to be further developed.
Therefore, the 17 feet of ROW necessary to bring Cathcart Drive up to standards must come from
the Korin property. This will not adversely affect the size of the proposed lots, nor the setback for
the existing home.
2. A substantial portion of the northerly lot is delineated as wetland, pursuant to the Wetland
Conservation Act (WCA), limiting the buildable area of the new lot. Staff recommends that the
new lot line be moved at least 40 feet to the south. Doing so would increase the buildable area of
the northerly lot and provide room for a driveway that will not have to encroach into the wetland
buffer area or require an easement over the southerly lot. The small shed and fences will have to
be moved onto the southerly lot or be disposed of.
He stated both lots are quite buildable, particularly with the recommended enlargement of the northerly
lot. The proposed subdivision will not result in any tree removal. Therefore, staff recommends that tree
preservation and reforestation be addressed with any building permit for the northerly lot.
He noted the applicant provided an updated wetland delineation confirmed by the MCWD just prior to
this meeting.
He stated staff recommends approval of the subdivision subject to the conditions listed below.
A. The applicant’s surveyor must provide the following.
1. A legal description for the 17 feet of ROW for Cathcart Drive.
2. Revised drawings and legal descriptions for the two lots, showing the proposed new lot line
at least 40 feet south of what is shown on the documents already submitted.
3. Revised conservation, drainage and utility easements, based on the new lot descriptions and
the confirmed wetland delineations.
4. Revised 10-foot drainage and utility easements around the two lots.
B. The applicant’s attorney must provide the following.
1. An up-to-date (within 30 days) title opinion for review by the City Attorney. In lieu of a title
opinion, the applicant may submit evidence of a title insurance policy.
2. Deeds for the items listed above.
C. The applicant’s surveyor must provide low floor and low opening elevations for the northerly lot
based on available topographic information.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
June 2, 2015
Page 3 of 5
D. Items A and B must be completed within 30 days. After that is done the request will be scheduled
for review by the City Council. The earliest that could be scheduled would be for Council’s June
22 meeting. Council’s next meeting after that would be on July 13.
E. Prior to release of a resolution approving the subdivision, the applicant must pay $6500 in park
dedication fees and $1200 in local sanitary sewer access charges for the new lot. Credit is given
for the lot with the house on it.
F. Once the applicant has received the Council resolution approving the request, she must record it
with Hennepin County within 30 days or the approval is void.
Nielsen noted the applicant was present.
Chair Geng asked Ms. Korin if moving the lot line 40 feet south is suitable to her. Mr. Korin responded
yes.
Commissioner Bean asked Director Nielsen if it would be possible for the new northerly lot to be further
subdivided. Director Nielsen stated that would be difficult. Nielsen explained the existing private drive
serves three properties already; that is the maximum allowed for a private roadway. Adding a fourth
would require it to be brought up to City standards. That would be a very extensive endeavor just to get
one more lot. The driveway is located in the 25-foot ROW so another 25 feet would have to be dedicated.
Much of that would be in the wetland buffer areas.
Bean asked if the new proposed lot line would be a side yard lot line. Nielsen responded yes. Bean stated
it appears to be 50 – 60 feet from the corner of the house. Nielsen concurred.
Director Nielsen stated what is being proposed would allow a lot of area to be added onto the existing
house.
Geng moved, Davis seconded, recommending approval of a minor subdivision for Janie Korin for
her property located at 6135 Cathcart Drive subject to the conditions listed in the May 28, 2015,
staff report. Motion passed 5/0.
2. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
3. OLD BUSINESS / NEW BUSINESS
None
4. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there is proposed text amendment for additional signage in the R-C District slated
for the July 7, 2015, Planning Commission meeting.
5. REPORTS
• Liaison to Council
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
June 2, 2015
Page 4 of 5
Commissioner Davis reported on the May 26, 2015, Council meeting (as detailed in the minutes of that
meeting).
She noted that she was proud of how extremely well Council handled the discussion about the parking
situation and issues for the upcoming Tonka United Soccer Association (TUSA) Tonka Splash
tournament scheduled for June 5 – 7, 2015. A large number of games will be played at Freeman Park.
Council was firm. The representatives from TUSA tried to push their luck and they did not succeed.
She explained the tournament will be extremely large and it will cause all kinds of grief for the residents
living around Eureka Road, Highway 7 and Freeman Park.
Council Liaison Labadie elaborated on that discussion. She explained there are approximately 375
parking spaces at Freeman Park. TUSA has contracted with the South Lake Minnetonka Police
Department (SLMPD) and a few officers will be on duty and issue citations to anyone who parks on the
grass. For last year’s event many drivers parked on the grass and caused a lot of damage to the park. A lot
of damage was also caused to the soccer fields in part because of all the rain. TUSA representatives
reseeded the fields but they did nothing to repair the damage caused by vehicles. TSUA representatives
have told Council there will be field marshals to try and ensure that drivers will not park on the grass.
Drivers departing the Park will have to turn left on to Eureka Road and turn on to Smithtown Road. There
will be no parking allowed on Eureka Road and Pond View Drive during the event. Drivers who park
there will be ticketed. In 2014 there were a lot of drivers who parked in the Shorewood Ponds
development just south of the fields.
TUSA sent out an email to TUSA team coaches telling them each team will only be allotted parking for
three cars for their athletes’ parents/spectators. The others have to park at the Minnewashta Elementary
School parking lot. About 40 percent of the 102 teams that will be playing there are TUSA teams. The
email also told the coaches that there is one shot to do this event right or TUSA may lose the permission
to have part of the event in Shorewood again.
Commissioner Davis stated there was a great deal of discussion about TUSA providing shuttle service.
TUSA stated it was too short notice to arrange that. She does not think that is true. Council has told them
that service has to be provided for the 2016 event. She then stated because this event is so much larger
than other events she thought the Park Commission should entertain changing the fee structure to charge a
greater fee for the event.
Council Liaison Labadie stated Council has had discussions about charging a permit fee for events that do
not start in Shorewood but go through Shorewood as well as for events that use various City amenities.
Director Nielsen stated a post mortem will be done shortly after this tournament.
In response to a comment from Commissioner Johnson, Director Nielsen stated that he, Director of Public
Works Brown and the Parks & Rec Coordinator Grout will participate in the post mortem. Johnson stated
it is his recollection drivers found overflow parking on Strawberry Lane last year. They parked there and
walked the trail over to the Park. Johnson expressed concern that this year there may be more parking on
both sides of Strawberry Lane because they can’t park on the roadways close to the Park. That could be
problematic for emergency vehicles.
There was ensuing discussion about problems with parking and traffic and last year’s events.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
June 2, 2015
Page 5 of 5
• SLUC
Director Nielsen stated he will circulate the flyer for the upcoming Sensible Land Use Coalition session.
• Other
Commissioner Davis noted Council’s annual appreciation event is scheduled for July 24 from 1:00 – 4:00
P.M. It will be a boat cruise on Lake Minnetonka.
Commissioner Bean stated there is a very large development being built in another community near
Shorewood that will generate about another 1,000 – 2,000 vehicles per day on Highway 7.
In response to a comment from Commissioner Davis, Director Nielsen explained the Three Rivers Park
District is again assessing different options for the LRT Trail crossing at County Road 19.
There was ensuing discussion about that crossing.
6. ADJOURNMENT
Bean moved, Johnson seconded, adjourning the Planning Commission Meeting of June 2, 2015, at
8:27 P.M. The motion was seconded. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
1, July 2015
RE;
South Lake Office Building, LLC — Proposed Sign Ordinance
Amendment
FILE NO.
405(15.08)
BACKGROUND
Mr. Todd Frostad, representing South Lake Office Building, LLC, has requested an
amendment to the sign regulations for property located in R -C, Residential - Commercial
zoning districts. The location of the South Lake property — 23505 County Road 19 -
along with all other sites zoned R -C, are shown on Exhibit A, attached.
Simply put, Mr. Frostad asks that the R -C district be treated similarly to other commercial
zoning districts that provide for signage in scale with the size of the property and the,
building located thereon. Currently, the R -C District allows such properties to have two
signs, one of which can be a freestanding sign, no larger than 20 square, feet. The other
sign must be a wall sign. Total signage must not exceed 36 square feet in total. These
requirements apply to any property in the R -C district, regardless of the size of the
property or the size of the building on the property.
The amendment proposed by Mr. Frostad is shown on Exhibit A, attached.
ANALYSIS/RECOMMENDATION
When evaluating a request to change the Zoning Code, it is important to consider what
effect the amendment will have on adjoining properties, not only for the subject site, but
for all similarly zoned properties. For that reason, Exhibit B shows the location of all
other R -C sites. It is also important to remember the purpose of the R -C district, which is
to serve as transitional areas between higher and lower intensity land uses (between
®�® PRINTED ON RECYCLED PAPER
Memorandum
Re: R -C District Sign Amendment
1 July 2015
commercial and residential) and between major streets and residential. The list of
allowable uses in the R -C district is quite limited, with offices being the most intense use
allowed. Not only are the uses limited in the R -C district, accessory uses, such as signs,
are also limited. The intent is to minimize the impact of higher uses on lower uses.
The applicant argues that imposing the same very minimal sign restrictions on all R -C
properties is inconsistent with the practice in the C -1, General Commercial district. In
that district, signage is related to the size of the subject structure. Those properties are
allowed to have signage totaling in area, ten percent of the building silhouette as viewed
from the street. Recognizing the transitional nature of the R -C district, he proposes a
similar, but higher standard for the R -C district - five percent of the building silhouette,
with a maximum of 40 square feet for the freestanding sign. For illustration purposes, he
provides a photographic rendering of what a 40- square foot sign would look like on his
site (see Exhibit Q. Notice that the picture illustrates an eight -foot high sign, which is an
increase from the current five -foot limitation in the Code.
Finally, the applicant asks that the location requirement for an illuminated fieestanding
sign be reduced from 200 feet to 100 feet from a residential district boundary. If less than
100 feet, the sign would have to be screened from view of residential properties. In the
case of his property, there is very adequate screening along the west side of the site. As a
further protection for nearby residential uses, the sign cannot be lit between the hours of
9:00 P.M. and 7:00 A.M. The proposed amendment keeps that provision intact.
Staff has worked with the applicant relative to the proposed amendment and finds the
changes to have merit. A public hearing has been scheduled for Tuesday night, 7 July.
Cc: Bill Joynes
Tim Keane
Todd Frostad
Patti Helgesen
-2-
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MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 30 June 2015
RE: Mechanical Equipment — Side Yard Setback
FILE NO. 405(Zon — Part I)
Every now and then issues arise regarding the location of residential mechanical
equipment, particularly air conditioning condensers. Currently, our Zoning Code
requires that such equipment be located within the buildable area of the lot. In other
words, this equipment must meet the same setbacks as other structures (e.g., garages,
sheds, decks, etc.). More often than not, builders and homeowners want to place this
equipment on the side of the house. Typically, they don't want to see them in front of
the house and they don't want to hear them as they sit on their decks, patios and
porches at the rear of the house.
With one exception, our code treats all single- family residential properties the same.
The exception is lakeshore property. As you are aware, lakeshore lots are required to
have greater side yard setbacks than non - lakeshore lots. The Code requires that these
lots must have a total side yard setback of 30 feet, with no one side less than 10 feet.
The 10 -foot requirement is not a problem — that is what non - lakeshore lots are ,
required to have. The problem arises when the property is set up with side yards
constituting some other combination of 30 feet - for example 15 and 15. Since the
equipment must comply with side setbacks, that property must keep its equipment 1.5
feet from the property line.
This situation is relatively easily remedied by a simple housekeeping zoning text
amendment that would allow mechanical equipment on lakeshore lots to be an
"allowable encroachment" in required side yards, except for those abutting a street,
and no closer than 10 feet from the side lot line.
®1
1P®0® PRINTED ON RECYCLED PAPER
Memorandum
Re: Mechanical Equipment Text Amendment
30 June 2015
This amendment should also address another issue — mechanical equipment should
not be located within drainage and utility easements. Following is how a proposed
amendment would read:
"Section 1201.03 Subd. 3.c. (4) is hereby amended to read:
(4) Laundry drying and recreational equipment, arbors, trellises, air eo fi itio , ,, - -:
heating e "rpm °N* in rear yards to a point no closer than five feet from any lot
line.
Section 1201.03 Subd. 3.c. is hereby amended to include:
(10) Air conditioning and heating equipment shall not be located within drainage
and utility easements. Air conditioning and heating equipment on residential
lakeshore lots may encroach into required side yards, but no closer than 10
feet fi°om the side lot line, nor within a drainage and utility easement. "
A public hearing has been scheduled to consider this matter on 7 July. If you have
any questions regarding the proposed amendment, please do not hesitate to contact me
prior to the meeting.
Cc: Bill Joynes
Tim Keane
Patti Helgesen
Joe Pazandak
-2-
Planning Commission,
Next Tuesday we expect to receive applications for a formal Comprehensive Plan Amendment
and Concept Stage approval of a PUD. Assuming the applications are complete, these items will
appear on your August agenda. For Tuesday night’s meeting I think it would be a good
opportunity to review a couple of documents relative to the areas surrounding the MCC site. In
your packet you will find the Smithtown Crossing Redevelopment Study, which has been
adopted into Shorewood’s Comprehensive Plan, and the Concept Plan for the redevelopment
of Badger Park, which has been recommended by the Park Commission. Since the two new
members of the Planning Commission were not involved in the Smithtown Crossing study, we
will take a few moments Tuesday night to review the plan.
th
Have a great 4!
Brad Nielsen
Planning Director
952-960-7912
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