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11-02-16 Planning Comm Agenda CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 1 NOVEMBER 2016 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE DAVIS (Aug) ______ RIEDEL (Jul/Dec) ______ MADDY (Oct) ______ BEAN (Nov) ______ JOHNSON (Sep) ______ APPROVAL OF AGENDA APPROVAL OF MINUTES 18 October 2016  1. 7:00 P.M. PUBLIC HEARING – REZONE PROPERTIES FROM R-1A TO R-1C Applicant: City of Shorewood Location: 24725 through 25015 Smithtown Road and 5765 through 5830 Club Lane 2. 7:10 P.M. PUBLIC HEARING – COMPREHENSIVE PLAN AMENDMENT TO MODIFY THE BOUNDARY BETWEEN SHOREWOOD AND EXCELSIOR Applicant: The Waters Senior Living Location: 22920 Highway 7 and 723 Water Street 3. 7:20 P.M. PUBLIC HEARING – ZONING CODE TEXT AMENDMENT REGARDING SHORT-TERM RENTAL OF PROPERTY 4. MINOR SUBDIVISION Applicant: William Everett, Jr. Location: 5615 Covington Road 5. MATTERS FROM THE FLOOR 6. OLD BUSINESS / NEW BUSINESS 7. DRAFT NEXT MEETING AGENDA 8. REPORTS Liaison to Council  SLUC  Other  9. ADJOURNMENT CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, OCTOBER 18, 2016 7:00 P.M. MINUTES CALL TO ORDER Chair Davis called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Davis; Commissioners Bean, Maddy and Riedel; Planning Director Nielsen; and, Council Liaison Siakel Absent: Commissioner Johnson APPROVAL OF AGENDA Bean moved, Maddy seconded, approving the agenda for October 18, 2016, as presented. Motion passed 4/0. APPROVAL OF MINUTES  October 4, 2016 Davis moved, Maddy seconded, approving the Planning Commission Meeting Minutes of October 4, 2016, as amended to change the motion on the September 20, 2016, meeting minutes to a 4/0/1 vote. Motion passed 4/0. 1. AMENDMENT TO CHAPTER 1101 – FLOODPLAIN MANAGEMENT REGULATIONS Director Nielsen noted that he thought that what is equally as important as the floodplain management regulations is the flood plain map. He explained Shorewood Code Chapter 1101 Flood Plain Management Regulations is very close to the model ordinance from the Minnesota Department of Natural Resources (DNR). The DNR made some technical changes to things such as flood proofing and to some extent to the process for amending the floodplain map should a property owner dispute their property being included on the floodplain map. What the DNR has proposed should be easy to adopt. He stated what does matter is if a property owner’s mortgage company will require them to carry flood insurance because their home is on property that is located in a flood zone. He explained the City has mailed out a notice letter to anyone who is affected by the new floodplain regulations. It directs them to go to the FEMA (Federal Emergency Management Agency) site to look at the Flood Map Service Center to determine how their property is classified. He displayed a copy of the map titled City of Shorewood 100-Year Floodplain Boundary Changes Since 2004 Flood Insurance Study and highlighted areas where the classifications changed. (A copy of the map was distributed to the Commissioners before the meeting.) Enchanted Island and Shady Island have been removed from the floodplain. Another area indicates there is a floodplain increase. The map indicates the entire border of Lake Minnetonka on the west side of Shorewood has an increase in floodplain area except for the east side of Howards Point. He assumes the east side of Howards Point was removed because it is in a higher elevation area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 18, 2016 Page 2 of 4 There have been instances in the past where the City has helped property owners dispute having their property classified as being in a flood zone. Commissioner Bean stated for the border of Lake Minnetonka on the west side of Shorewood he asked how far a flood plain zone goes back from the shoreline. Director Nielsen responded just the properties abutting the Lake. Director Nielsen questioned why some of the properties abutting the Lake are on the floodplain map because the properties are higher up from the Lake. Nielsen explained when a person goes to the FEMA Flood Map Service Center site they will see a map similar to what he had displayed. It is difficult to determine how much of a property is in the floodplain. He then explained that as a follow up to the notice letter the City is going to send out a memorandum to property owners telling them that they should go to the City’s floodplain map on its website. He explained the process that would be described in the follow-up memo. Following the process property owners can view a contour map of their property to find out if their home is outside of the floodplain elevation. If they cannot read a contour map they can come to City Hall and staff will help them. If their property should not be on the floodplain map in most cases the property owner can take the City’s map and show their mortgage company that their house is outside of the floodplain elevation. If their mortgage company wants a letter from the City the City will provide that. Nielsen stated he was asking the Commission to recommended adopting the updated floodplain management regulations as proposed. In response to a comment from Chair Davis, Director Nielsen explained the City has copies of the Flood Insurance Rate Maps (FIRM). Director Nielsen explained in the DNR model ordinance he removed things that were not relative to Shorewood. Commissioner Bean stated in the model ordinance paragraph 2.51 states “Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor.” It does not clearly state which of the two clearly prevails. Director Nielsen stated he would change it to say “…. on the official zoning map and flood elevations discovered in the actual field conditions, the flood elevations shall …” Nielsen noted he may change the word “discovered”. Commissioner Riedel noted that under paragraph 4.1 items 4.11 and 4.12 are missing. There are similar things in other paragraphs. Director Nielsen stated he will clean those up when he formats the model ordinance into the City’s format. Commissioner Maddy suggested writing the word” blank” on those items so the model ordinance matches up with the City’s ordinance. Commissioner Bean stated paragraph 3.11 and 3.12 refer to Zones AE. He asked where those are defined. Director Nielsen clarified the FIRMs show that. Bean stated 3.13 refers to Zone A as shown on the Firm. Nielsen stated he will add “as shown on the FIRM” to 3.11 and 3.12. In response to a question from Bean, Nielsen stated he is designated as the City’s Zoning Administrator. Chair Davis stated that while going through the regulations she continuously wanted to look at the map which had not been provided until this evening. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 18, 2016 Page 3 of 4 Commissioner Bean stated he assumes the map should be static for a while. Director Nielsen stated he assumes that will be the case with the Code amendment the Council will hopefully adopt by November 4, 2016. Bean asked if the map could become a page in the ordinance. Director Nielsen noted the map will be attached to the follow-up memo that will be sent out to affected property owners. He will consider the possibility of including it in the ordinance. Nielsen then noted there are 13 panels for the FIRM map. There was ensuing discussion about the cost of flood insurance. Maddy moved, Davis seconded, recommending approval of the proposed ordinance amendment to City Code Chapter 1101 relative to floodplain regulations subject to adding in 3.11 and 3.12 after Zones AE the words “as shown on the Flood Insurance Rate Map”, changing an excerpt in 2.51 to read “…on the official zoning map and flood elevations discovered in the actual field conditions, the flood elevations shall …” and to add the word “blank” for those subparagraph items that have no text behind the number. Motion passed 4/0. Commissioner Riedel asked if the smaller lakes were also reviewed for floodplain elevations. Director Nielsen noted that Christmas Lake has never been listed on the FIRM nor has Silver Lake. 2. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 3. OLD BUSINESS / NEW BUSINESS 4. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is the Comprehensive Plan amendment relative to The Waters senior housing project located partially in Shorewood and partially in the City of Excelsior slated for the November 1, 2016, Planning Commission meeting. Amendments to the Zoning Code relative to short- term housing rentals and a minor subdivision will be on the agenda. Commissioner Bean stated it was his recollection that Director Nielsen was going to have the rezoning of the properties along Club Lane on that agenda. That also includes the continuation of the Public Hearing for the rezoning of two properties for Bryan Pike. Director Nielsen confirmed that. Director Nielsen elaborated on some of the activities associated with The Waters of Excelsior senior housing project including the annexation of land to Excelsior. He commented about the rezoning along Club Lane. 5. REPORTS • Liaison to Council Council Liaison Siakel reported on the items considered and actions taken during Council’s October 10, 2016, meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 18, 2016 Page 4 of 4 • SLUC • Other Chair Davis asked Director Nielsen for a report on this year’s Deer Management Program. Director Nielsen stated he does not have the harvest count from this past weekend and noted that the first weekend four were harvested. 6. ADJOURNMENT Davis moved, Maddy seconded, adjourning the Planning Commission Meeting of October 18, 2016, at 8:00 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 27 October 2016 RE: Pike, Bryan – Proposed Rezoning from R-1A to R-1C FILE NO.: 405(16.23) At its October meeting, the Planning Commission considered a request from Bryan Pike to rezone his and his parents’ properties on the west side of Club Lane from R-1A to R-1C. The Commission agreed with City staff that a “spot zoning” of two properties was not advisable. They also agreed that the case made for rezoning the two properties made sense for the 12 lots in the Club Lane neighborhood. The Commission directed staff to publish a second legal notice, this time proposing the rezoning for all 12 lots. This has been done and a public hearing has been scheduled for Tuesday, 1 November. An issue that came up in the Pike hearing was what Club Lane might look like if upgraded as part of a redevelopment of the Pike properties. Exhibit A shows the street widened to the City’s 50-foot standard width, with a 100-foot diameter cul-de-sac at the south end. The Pike properties are shown being re-divided into four lots. As in the initial staff report, staff recommends the rezoning of the Club Lane neighborhood from R-1A to R- 1C. Cc: Greg Lerud Paul Hornby Larry Brown Tim Keane Bryan Pike - 1 vi on v S•s — -------- Cn N .................... . . .... .... ..... 8LV ................ S91 - —Z691 OV -- ---------- OL! Zq -SL-091 IV9 ------------------- an— Ln vk iol- 10 Lw (01) Ln M n 6E 10 10 FT 0", -1 617 , ------------- I m It (a 917 Iz WD71 !as 0.7 C, 9 E (090 9'LVI (�D /Z . . ul m �O SS' 0 9G z L in r. h\,()v < Iqs V. 52 CJL :t, 9r. r-a WL, :Z0 L�4 , L" --4 , �c w gigs L O*P os 0s; Sol SL f.", 9171 IT 01 'Is'sV7, LD C� INS c -.98N c, U) z SS'7_91 3.91D, SqrSL 1 01 09 01. 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S0,178Z 0 M.Oos:= gs-, % (A m 9z (9z) w co 9 w 8- c L2 L q 10 — . 14 K 10-1 CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 28 October 2016 RE: The Waters Senior Living – Proposed Comprehensive Plan Amendment FILE NO.: 405(16.24) BACKGROUND Mr. Jay Jenson, representing The Waters Senior Living, has arranged to purchase the properties at 22920 State Highway 7 and 723 Water Street (see Site Location map – Exhibit A, attached) for the purpose of redeveloping the sites as part of a senior housing project. The project would extend northward to include a parcel in Excelsior. Mr. Jenson has requested a friendly detachment and annexation procedure that would result in all of the real estate being in Excelsior. This necessitates an amendment to Shorewood’s municipal boundary and to its Comprehensive Plan. According to Hennepin County tax records, the Excelsior parcel contains 23,058 square feet of area. The two Shorewood parcels contain 58,039 square feet, for a total site area of 81,097 square feet. The Excelsior parcel is zoned R-3, Multiple Family Residential and is occupied by an apartment building. Both Shorewood parcels are zoned C-1, General Commercial. The northerly parcel is occupied by the garage structure for the apartment building. The southerly parcel is occupied by a vacant restaurant building, perhaps best known as the Hilltop. Assuming a successful detachment and annexation proceeding, the developer proposes to redevelop the site as a 115-unit senior housing project by means of Planned Unit Development as described in Exhibit B, attached. ANALYSIS/RECOMMENDATION Geography. Although we do not have the history explaining why the subject parcels were ever included in Shorewood (or why they were excluded from Excelsior), it is reasonable to assume it had something to do with the way old Highway 7 came through the area. Nonetheless, it is obvious that the subject parcels relate better, geographically, to Excelsior than to Shorewood. Further, the properties and the project are served by Excelsior utilities. Memorandum Re: The Waters Comprehensive Plan Amendment 27 October 2016 It is worth noting that discussions relative to this project have been going on for quite some time. When Shorewood was initially approached by the developer, the City suggested three possible alternatives for addressing the boundary line issue: 1. Excelsior could annex the Shorewood portion of the project. 2. Shorewood could annex the Excelsior portion of the project. 3. The project could be developed across municipal boundaries. Excelsior was given the choice of these alternatives and chose to annex the Shorewood properties, a logical choice since the sites are bounded on three sides by Excelsior and Highway 7 separates the sites from the rest of Shorewood. This alternative gives Excelsior complete control over the planning and permitting of the new development. From a land use perspective, the proposed housing development is entirely compatible with nearby Shorewood development. In fact, the Oppidan Senior Living project in Shorewood lies immediately southwest, across Highway 7, of the proposed site. Finance. While land use and utilities are of relatively minor concern, both cities have concerns over tax implications of the annexation. Simply put, Shorewood is giving up tax base. To complicate matters, the developer is requesting tax increment financing. In the three alternatives described above, Shorewood had offered to pay Excelsior a proportionate share of future tax income, in perpetuity. Although Excelsior balked somewhat about the “forever” aspect of the reverse alternative, it now appears that an agreement has been reached, at least in principle, whereby Shorewood would receive its fair share of future taxes. All conditions of the detachment and annexation will be addressed in an annexation agreement between the cities, which is currently being drafted by the City Attorneys. The agreement will be drafted in parallel with the Comprehensive Plan amendment. Approval of the amendment is recommended subject to the execution of the annexation agreement. Cc: Greg Lerud Bill Joynes Tim Keane Paul Hornby Larry Brown Bruce DeJong Jay Jenson Todd Frostad -2- illette CD y �1U ¢ � t7' > � n I O 4z CD CD CD q R O w > U co Object 'roperty CHANHASSEN /CARVER CO BORDER N A 250 500 c 0 Gal September 29, 2016 Mayor Zirby City of Shorewood Shorewood, MN Subject: Comp Plan modification for The Waters of Excelsior Dear Mayor Zirby. Thank you for the opportunity to apply for a Comp Plan Modification, the proverbial `missing piece of the puzzle', in our efforts to build a new senior housing community. Our project, to be built in Shorewood and Excelsior, will replace blighted, abandoned structures, and allow seniors to remain living in their community. The following is the required information for the Comp Plan modification. 1. The Waters of Excelsior senior housing is consistent with the Comprehensive Plan of both Shorewood and Excelsior. Both cities recognize the need to provide their citizens a range of housing options for all ages groups, particularly as the overall population ages. In addition, both cities recognize the need to remove blighted structures as well as the need to create new jobs. 2. a. Todd Frostad represents the current owners of both parcels of land. b. The Waters Senior Living is the applicant. c. The professional consultants are as follows: • Civil Engineer: Alliant Engineering from Minneapolis, MN • Architect: Perkins Eastman from Pittsburgh Pennsylvania • General Contractor: Frana & Companies from Hopkins • Attorney: Gallager Ervilious & Jones from Baltimore Maryland d. Attached are the purchase agreements for each parcel. 3. Property addresses and PIN # s • 22920 Highway7 34- 117 -23 -42 -0067 • 723 Water Street 34- 117 -23 -42 -0053 Exhibit B -1 APPLICANT'S REQUEST LETTER 1600 Hopkins Crossroad, Minnetonka, Minnesota 55305 I ( The existing zoning classification is G 1. The property is currently an abandoned, blighted restaurant and a blighted parking garage belonging to the adjacent apartment building. Adjacent property to the east is primarily commercial uses. To the north is College Lake with single family homes beyond. To the south and west is Highway 7 with single family homes beyond. The attached civil engineering report shows the property lines, easements, utilities and other information. 4. The site conditions are all described in the attached civil engineering report. 5. Attached are renderings of the proposed building. The site plan and landscape plans are included in the civil engineering report. 6. The Waters of Excelsior will consist of 115 units of which 16 will be in a memory care neighborhood. The remaining 99 units will be full apartments for seniors who can live independently or use a variety of assisted living services to live independently. Of special note, twenty percent of the units will be occupied by seniors with incomes below 60% of the area median income thereby, per Minnesota State Law, this Com Plan modification only requires a majority vote not a super majority. Thank you for your consideration of this Comp Plan modification as well as the other agreements which are necessary for The Waters of Excelsior to become a reality. 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Chapter 1200 (Zoning) Last month the City Council adopted regulations addressing short-term rentals in Shorewood. The Housing Code chapter of the City Code was amended to preclude property rentals of less than 30 days. At that time staff indicated that certain changes to the Zoning Code would also be useful, and a public hearing has been scheduled for 1 November to consider the changes. The attached code amendment consists of definitions intended to clarify the code and make the Zoning Chapter consistent with the Housing Chapter. Cc: Greg Lerude Tim Keane Patti Helgesen - D- R- A -F -T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO SHORT -TERM RENTALS Section 1. City Code Section 1201.02 is hereby amended to add the following definitions: "HOTEL." An establishment, including a motel, resort, boarding house, lodging house, bed and breakfast, furnished apartment house, short-term rental unit not in a residential district, or other building, which is kept, used or advertised as, or held out to the public to be, a place where sleeping and /or housekeeping accommodations are supplied for pay to guests for transient occupancy." "SHORT -TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than thirty (30) consecutive days in a residential district or residential planned unit development district." "TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than thirty (30) consecutive calendar days." Section 2. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2016. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk MEMORANDUM CITY OF 5755 Country Club Road ® Shorewood, Minnesota 55331 •952- 960 -7900 Fax: 952 -474 -0128 • www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 26 October 2016 RE: Everett, William - Minor Subdivision FILE NO.: 405 (16.25) BACKGROUND William Everett is the owner of property located at 5615 Covington Road (see Site Location map — Exhibit A, attached). He has purchased Outlot E, Waterford, immediately east of his property with the intent of combining the two parcels and re- subdividing them into two building sites as shown on Exhibit B. The property contains a total of 115,917 square feet of area and is occupied by the applicants' home, which is situated in the approximate center of the property. The property lies between Covington Road to the west and Old Market Road to the east. The land drops in elevation from 1009 on the west end to 960 at the southeast corner of the site. The property is zoned R -IA/S, Single - Family Residential /Shoreland. The proposed westerly lot with the home on it will contain 72,114 square feet of area, while the easterly lot will have 43,823 square feet. ANALYSIS/RECOMMENDATION Both of the proposed lots meet or exceed the requirements of the R -lA/S zoning district. Although the new lot drops off as much as 20 feet toward Old Market Road, the grade at the northeast corner of the site affords a relatively gentle slope for the location of a driveway to serve that lot. The buildable area of the new lot is very level and open. It is recommended that the minor division be approved subject to the following: 1. The applicant must provide deeds for drainage and utility easements, 10 feet around each lot. 2. The applicant must provide an up -to -date (within 30 days) title opinion for review by the City Attorney. Memorandum Re: Everett Minor Subdivision 26 October 2016 3. Prior to release of the resolution approving the request, the applicant must pay one park dedication fee ($6500) and one local sanitary sewer access charge ($1200). Credit is allowed for the previous home on the site. 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits are applied for. Cc: Greg Lerud Paul Hornby Larry Brown Tim Keane William Everett -2- JI y y y y y y �{ y y y y y � y t7l �r t7j CD O � y Wiz° o� 9 y i y N 0 300 600 1,200 FM Feet Christmas Lake Nag Resurrection Cemetery Subject I r y y y y y y y y y y y wer/y y� ake y y y y \ _ y ,► i�ei i y y y y y y y y y y y y y y y y y y y y y y H m 0 N c 0 �T�>QL �B�rom,7xg m��sgn cm iL , .glimn Hia. 4H F$mg5yoc mo mNG1 A�mW N� �$go�Nl W ..a S4S S ° 3 i 5 3 Q`5�a aNC H ,a? 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