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03-06-18 Planning Commission AgendaCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 6, 2018 AGENDA CALL TO ORDER 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES January 16, 2018 3. PUBLIC HEARINGS None 4. OTHER BUSINESS COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. ROLL CALL / (LIAISON) SCHEDULE DAVIS (TBD) RIEDEL (TBD) MADDY (TBD) GORHAM (TBD) EGGENBERGER (TBD) A) Discuss Planning Commission Organization and 2018 Work Program 5. MATTERS FROM THE FLOOR 6. REPORTS Council Meeting Report Update on projects approved Draft next meeting agenda 7. ADJOURNMENT CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 16, 2018 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:03 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Davis, Bean, Riedel and Sylvester; and Planning Director Darling Absent: Councilmember Kristine Sundberg 1. APPROVAL OF AGENDA Davis moved, Riedel seconded, approving the agenda for January 16, 2018, as presented. Motion passed 510. 2. APPROVAL OF MINUTES November 7, 2017 Reidel moved, Davis seconded, approving the Planning Commission Meeting Minutes of November 7, 2017, as presented. Motion passed 4/0/1 with Commissioner Bean abstaining due to his absence from the meeting. 3. PUBLIC HEARINGS A. PUBLIC HEARING — CITY CODE TEXT AMENDMENTS REGARDING PROCEDURES FOR ZONING AND SUBDIVISION APPLICATIONS Applicant: City of Shorewood Director Darling summarized the staff report for this item noting that the amendments concern a few basic requirements throughout the ordinance: • Removing the requirement that the applicants furnish mailing labels • Increasing the distance that mailed notices are sent for rezonings, preliminary plats, and PUDs • Amending the amount of time between submission of applications and the date of the public hearing /meeting The amendments also revise the reference to fees identified in Chapter 1301, the city code chapter where land use fees are listed. In reference to the proposed amendment regarding the amount of time between application submission and the date of the public hearing /meeting, Commissioner Riedel asked if the applicants were protected by the 60 -day rule so that staff couldn't arbitrarily take longer to review applications. He also asked if the language should be amended to say that the public hearing should take place within 60 days. Director Darling replied that the city is able to extend the review period by an additional 60 days and that the deadline is placed on the front page of each staff report. If the applicant needs to revise plans multiple times, the hearing could be scheduled 70 days into the review period and Director Darling asked for the flexibility. Commissioner Riedel stated he was satisfied because the statutory review period protects the applicant. The Planning Commission the reviewed the amendments line by line. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 16, 2018 Page 2 of 5 In reference to the amendments concerning distance requirements, Commissioner Bean raised a concern that residents could be confused by having the mailing distance at 750 feet for some applications and 500 feet for others. Chair Maddy asked if all applications would be noticed 750 feet or just some. Director Darling replied that the proposal was to increase the notice distance for the most controversial applications (rezoning, subdivisions, and PUDs) to 750 feet, the remainder would be 500 feet. Commissioner Bean suggested that 750 feet may be appropriate for all applications. He asked if the Councilmembers had a passion for the increased notice. Director Darling replied that the Councilmembers were comfortable with the existing 500 feet, but were interested in approving greater distances on a case by case basis. Staff was concerned that some applications would be submitted and could be mailed a notice consistent with the code, but the Council might have preferred a wider notice. Staff thought it was worth one more discussion to avoid a situation where the Council sends the request back to staff to have a wider notice sent. Such a delay could also present an issue with the statutory review deadline. Commissioner Riedel asked what the Council's motivation is for varying the notification distance on a case by case basis. Director Darling responded that it would reflect the controversial nature of an application, like another Minnetonka Golf Course or Oppidan redevelopment application. Commissioner Riedel asked if staff would follow the code or would they increase the distance on their own. Director Darling replied that they would follow code unless directed otherwise. Commissioner Bean said that what the proposal does is stipulate a larger, required distance. Commissioner Riedel stated that the ordinance doesn't say it can't be sent to a wider notice area. Director Darling agreed, but stated it should be known ahead of time. Commissioner Riedel stated that a wider notice shouldn't be a problem. Commissioner Sylvester was concerned about the cost implications of the greater distance and disagreed that the difference was confusing, stating that it is appropriate that the more impactful applications have a wider mailing distance. Commissioner Riedel said that having a set distance would avoid having people upset that they should have been mailed a notice but weren't. Commissioner Davis said that she agreed that having 750 was appropriate for all applications. The lots are big enough. Chair Maddy asked Director Darling if the additional distance was a hardship. Director Darling indicated that it is a lot of notification for variances. Commissioner Bean remembered that the Council thought that notices for variances didn't need to be enlarged. Most variances don't impact the wider neighborhood. Commissioner Riedel asked if the proposal would increase CUPS as most of those are smaller in nature. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 16, 2018 Page 3 of 5 Chair Maddy summarized that the distance requirements would be left as proposed. Chair Maddy opened the Public Hearing at 7:25 P.M. noting the procedures used in a Public Hearing. As no one was present to speak on the item, he closed the public testimony portion and the public hearing at 7:26 P.M. Bean moved, Davis seconded, recommending approval of the amendment to City Code sections 1201.04, 1201.05, 1201.25, 1202.03 and 1202.09 of City Code as recommended by staff. Motion passed 510. 4. NEW BUSINESS A. PUBLIC MEETING — SETBACK VARIANCE Applicants: Robert and Joan Wright Location: 6110 Club Valley Road Chair Maddy introduced the item. Director Darling summarized the staff report. Director Darling added a letter received in support of the request from Ed and Mary Sheridan, 6150 Club Valley Road into the minutes. Commissioner Riedel asked if the request would increase the existing nonconformity by two feet. Director Darling confirmed it would. Chair Maddy recognized the applicant and his contractor Richard Olson, Rice Creek Builders and Remodelers. <<Compromised audio>> Robert Wright, 6110 Club Valley Road, indicated that he and his wife bought the home in 2001 intending to expand the garage. There was no survey or other documentation in the property file to show where the home was constructed on the property, but staff thought there would be enough room to accommodate a garage. They've tried a couple of different options, including detached storage buildings and third stall garage additions, but none of them provide the space they need. The detached building takes up too much of their backyard and the third stall garage would need a greater variance. They have elected to propose construction straight back from the existing garage. Commissioner Riedel indicated that the application must show practical difficulties and that the request is the minimum necessary to alleviate the difficulty. He asked if the addition could be setback farther from the property line — curved or tucked further back. <<Compromised audio>> The applicant and his contractor responded that the curving was not an option and that the garage addition is very narrow, so that reducing the width would not produce a workable space. Commissioner Riedel asked if the addition would require modified trusses. <<Compromised audio>> from applicant. Commissioner Riedel indicated that the floorplan was helpful to see what could be added without a variance. <<Compromised audio>> Mr. Olson stated that he felt that the rain garden/infiltration basin requirement was onerous because the application was under the impervious surface amount allowed by code. Commissioner Riedel asked about how large a rain garden that would be? CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 16, 2018 Page 4 of 5 Mr. Olson indicated that they haven't calculated out the exact size at this point. The applicant indicated that he is trying to preserve as much of the backyard as he can. His yard picks up the water from properties further south and they all drain north through a culvert under Yellowstone Trail. Commissioner Riedel stated that if the property already collects water and then drains to the west, there is a natural area to place the rain garden. The concept is fairly simple. The watershed districts have grants for this type of improvement. Their website has information on grants. Commissioner Davis noted their web address and where the watershed district has their offices. She also stated that the Commission isn't recommending a retention pond, but a lovely natural area and he could add vegetation for pollinators and be a local hero. Commissioner Maddy asked who gives the final approval for the rain garden. Director Darling replied that the City Engineer does. Commissioner Davis gave examples of rain gardens at the arboretum. Commissioner Maddy indicated the discussion needs to address two items, the variance and the conditions. Commissioner Bean indicated that the applicant has shown that even though the addition increases the nonconformity he meets practical difficulties and, the design is in keeping with the rest of the house and the neighborhood. Commissioner Riedel noted that he found the variance met the minimum necessary to alleviate the practical difficulties. Commissioner Maddy asked if anyone had concerns with the survey requirement. No concerns were noted. Commissioner Maddy asked about the condition for the rain garden. Commissioner Bean raised a concern that he didn't know how large the rain garden would have to be and would the condition have to be deferred until after the rain garden was designed. Commissioner Maddy asked if the condition should be applied to the building permit. Director Darling indicated that the condition should remain with the variance approval. A typical rule of thumb for heavier clay soils is about 25 percent of the area to be treated. In that case, the addition would be about 800 square feet of additional impervious (assuming clay soils), so the rain garden would be about 200 square feet. Rain gardens in sandier soils could be smaller as they infiltrate faster. They would need to be about 10 percent of the area. Staff have been requiring rain gardens /infiltration basins with redevelopment of residential lots and substantial additions. Riedel moved, Sylvester seconded, recommending approval of the variance application to allow an addition to be 27.1 feet from the side property line abutting Yellowstone Trail where 35 feet is required subject to two conditions: 1. The applicants must submit a survey for the entire property including dimensions. 2. The applicants must submit plans to accommodate on -site storm -water infiltration for the increase in impervious surface coverage using either a rain garden or infiltration basin, show the location of the basin on the survey, and submit all necessary documentation indicating that the feature would function as proposed. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 16, 2018 Page 5 of 5 Motion passed 510. Director Darling indicated that this item would be on the February 12, 2018 City Council meeting. 5. MATTERS FROM THE FLOOR - None 6. REPORTS Council Meeting Report Director Darling summarized the following items from the Council's January 8, 2018, meeting. o Setting the 2018 City Council Regular Meeting Schedule. Director Darling would report the 2018 Planning Commission meeting schedule at the February meeting. o Update on the Mill Street Speed Issues. o Annual Appointments and Designation for the Planning Commission for 2018. Director Darling indicated that Councilmember Kristine Sundberg would be liaison for the first half of the year and Councilmember Johnson for the second half of the year. Additionally, two Commissioners (Sylvester and Bean) have indicated that they will not request reappointment. The Council has interviewed replacement candidates and would likely appoint persons to the open positions at their January 22, 2018 meeting. Commissioner Bean also indicated that he will be absent at next months' meeting. o Director Darling also indicated that long -time Commission recording secretary Christine Freeman has resigned. Her presence and accurate notes were valued and will be missed. Update on Projects Approved Director Darling noted that the developer for the Minnetonka Country Club has submitted the third and final phase of the development for final plat approval. The proposed development is consistent with the preliminary plat and PUD plans that were reviewed and approved by the Planning Commission and City Council. Draft Next Meeting Agenda February 6, 2018 conflicts with caucuses scheduled for the state, consequently the next meeting would be February 20, 2018. Director Darling stated there are no applications slated for the February 20, 2018, Planning Commission meeting. She noted she may have some housekeeping items for discussion. 7. ADJOURNMENT Riedel moved, Davis seconded, adjourning the Planning Commission Meeting of January 16, 2018 at 8:07 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Marie Darling, Planning Director. CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952 - 960 -7900 Fax: 952 - 474 -0128 • www.d.shorewood.mn.us • dtyhall @d.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director DATE: March 6, 2018 RE: Item 4A: Commission Organization Attachments: Work Program, Potential Code Amendments and Tentative Schedule Section 201.04 of the City Code requires the member of the Planning Commission to elect a new Chair and Vice - Chair. The term of office is one year, but the membership may reelect in- cumbents if they wish to be considered or nominate other Planning Commission members. Both offices are elected by majority vote. Current Chair: Dustin Maddy Current Vice- Chair: Sue Davis At this time, please also choose volunteers to serve as Liaisons to the City Council meeting to give a report of the Commission's actions. Liaisons March: April: May: June: 2018 Work Program Springy of 2018 (Apr -May) • Review Fire Lane Standards • Development Applications • Other Code Amendments (as time allows) Summer of 2018 (June - August) • Complete any Fire Lane code amendments • Development Applications • Code Amendments (as time allows) Fall of 2018 (September — October) • Development Applications • Code Amendments (as time allows) Winter of 2018/19 (November — January) • Annual housekeeping /minor ordinance amendments • Development Applications Potential code amendments to consider /discuss: Fire Lane standards as directed by the City Council PUD regulations to allow for an amendment process, alter the number of hearings required. Exterior storage Conditional use permit standards Zoning permit process Subdivision regulations refresh Lighting Fences Fagade materials Small housekeeping edits that accumulate in one year in one project 2018 Planning Commission Meeting Schedule All meetings are considered tentative based on the number of development applications, but would likely follow this schedule. Additionally, the Planning Commission meets officially twice per month and additional meetings may be added as needed. Planning Commission Public Meetings March 6, 2018 April 3, 2018 May 1, 2018 June 5, 2018 July 17, 2018 August 7, 2018 September 18, 2018 October 2, 2018 November 20, 2018 December 4, 2018 January 15, 2019 February 5, 2019