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02-04-2020 Planning Commission Meeting CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY FEBRUARY 4, 2020 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE MADDY (FEB.) ______ GORHAM (MAY) ______ EGGENBERGER (MAR.) _ _ GAULT (JAN.) ______ RIEDEL (APR.) ______ 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES January 7, 2020 3. PUBLIC HEARINGS A) MATTHEW SAYER - PRELIMINARY PLAT AND LOT WIDTH AND AREA VARIANCES Applicant: Sathre-Bergquist, Inc. Location: 20325 Excelsior Boulevard (Open public hearing and continue to March 17, 2020) 4. OTHER BUSINESS A) ZONING ORDINANCES AMENDMENT (CONTINUED) Miscellaneous text amendments discussion continued from 1/7/20 meeting 5. MATTERS FROM THE FLOOR 6. REPORTS Council Meeting Report Draft next meeting agenda Report from Chair Maddy on Sensible Land Use Coalition 7. ADJOURNMENT CITY OF SHOREWOODCOUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JANUARY 7, 2020 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:03 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; and Planning Director Darling; Absent: None 1. APPROVAL OF AGENDA The agenda for January 7, 2020 was approved by general consent. 2. APPROVAL OF MINUTES December 3, 2019 Planning Director Darling noted that one name of a resident on Yellowstone Trail was spelled incorrectly and noted that she would make sure it is corrected in the minutes. Gault moved, Gorham seconded, approving the Planning Commission Meeting Minutes of December 3, 2019, as amended. Motion passed 3/0/2 (Riedel and Eggenberger abstained). 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are hold public hearings 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. A. PUBLIC HEARING MATTHEW SAYER PRELIMINARY PLAT AND LOT WIDTH AND AREA VARIANCES Applicant: Sathre-Bergquest, Inc. Location: 20325 Excelsior Boulevard Chair Maddy noted that the Planning Commission will open the Public Hearing for this request, but have been asked to continue it to the February 4, 2020 meeting at the request of the applicant. He opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing. He noted that neither the applicant nor any residents were present tonight. Commissioner Gorham asked why the applicant did not just hold off until they were ready next month rather than going through the process to open the Public Hearing and continue it until February. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 7, 2020 Page 2 of 4 Planning Director Darling explained that it reduces the cost of publishing. Gorham moved, Eggenberger seconded, continuing the Public Hearing for the Preliminary Plat, Lot Width and Area variances for property located at 20325 Excelsior Boulevard to February 4, 2020. Motion passed 5/0. 4. OTHER BUSINESS A. ZONING ORDINANCES AMENDMENT Planning Director Darling noted that this is for discussion tonight and no official votes will be necessary. She stated that when she will bring it back to a future meeting for the Public Hearing and official vote when the amendments are completed. The Commission reviewed the marked-up copy of the proposed amendments to the zoning ordinances. The Commission accepted the changes, as presented, for items #1 - #3. The Commission accepted the changes, as presented, for items #5 - #7. The Commission accepted the changes for item #10 discussing which home needs to be removed. The Commission accepted the suggested changes, as presented, for items #12 - #14. The Commission suggested amending in the tree preservation language for item #15 rather than changing the code. The Commission accepted the suggested changes, as presented, for items #16 and #17. and remove They discussed cleaning up some other areas to make it more clearly understood. The Commission accepted the suggested changes, as presented, for item #19 The The Commission discussed changes to the language surrounding lighting. The Commission suggested that all contractions be removed from all the ordinance language. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 7, 2020 Page 3 of 4 The Commission accepted the suggested changes, as presented, for items #21 - #33. The Commission suggested changing the height not to exceed 8 feet for item #34 rather than 4 as proposed. The Commission accepted the suggested changes, as presented, for item #35. The Commission suggested removing the height restrictions for letters on menu boards for item #36. The Commission accepted the suggested changes, as presented, for items #37 - #44. The Commission decided that due to time constraints they would discuss the remainder of the recommending zoning ordinance changes at the next meeting. 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS Liaison to Council Planning Director Darling gave an overview of the matters considered and actions taken during 9, 2019, meeting (as detailed in the minutes for that meeting). Update on New Construction Permits and Rental Licensing Planning Director Darling stated that building permit issuance and revenues are up quite a bit, mostly due to the Minnetonka Country Club development. She noted that once the Minnetonka Country Club development is completed the City will not see this kind of increased revenue. She stated that rental housing licenses also continue to increase. She reviewed the submission requirements for people to be able to be granted a rental license. Draft Next Meeting Agenda Planning Director Darling stated there is an application for redevelopment of a substandard lot, but noted it is still incomplete so she is not sure if will be ready for the next meeting. She stated that she is hoping there will be a subdivision to discuss and the Commission will also continue its discussion on the proposed zoning amendment changes. Sensible Land Use Coalition January Program Planning Director Darling stated that the next Sensible Land Use Coalition seminar is January 22, 2020 at Brookview in Golden Valley and is on sustainability and its implications for private and public sectors. She stated that if any of the Commissioners would like to attend, to let her know and she will get them signed up. Upcoming Council Liaisons: January Commissioner Gault February Commissioner Maddy March Commissioner Eggenberger April Commissioner Riedel CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 7, 2020 Page 4 of 4 May Commissioner Gorham 7. ADJOURNMENT Riedel moved, Eggenberger seconded, adjourning the Planning Commission Meeting of January 7, 2020, at 9:47 P.M. Motion passed 5/0. CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Marie Darling, Planning Director MEETING DATE: January 7, 2020 RE: Preliminary plat and variances for a subdivision of property APPLICANT: Sathre-Bergquist, Inc. LOCATION: 20325 Excelsior Blvd REVIEW DEADLINE: To be determined ZONING: R-2A COMPREHENSIVE PLAN: Low to Medium Density Residential (3-6 units per acre) FILE NO.: 19.25 REQUEST The applicant proposes to subdivide the subject properties into four lots for two new single-family homes. At this time the applicant requests additional time to complete their application. Notice of the application was published in the official newspaper at least 10 days prior to the meeting. A mailed notice and a revised mailed notice was sent to all property owners within 750 feet of the property. Staff requests this item be continued to the February 4, 2020 meeting to allow the applicant time to complete their application. ATTACHMENTS Location map S:\Planning\Planning Files\Applications\2019 Cases\Matthew Sayer Subd\PC memo - Continuance..docx CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling, Planning Director MEETING DATE: January 7, 2020 RE: Update of Zoning Text Amendments for Discussion Purposes Attached are amendments to the zoning, subdivision and nuisance regulations.The amendments are split into two groups Housekeeping (H) or Substantive (S). Housekeeping regulations are self-explanatory; they provide clarification or correct references, grammar, spelling, spacing, etc., and are not presented separately below. The substantive amendments reflect a change in process or practice and are explained below individually. Lighting regulations Earlier this year, the Planning Commission received a request from a resident living across Chaska Road from Shorewood Landings for relief from the holiday lighting impacts. The Planning Commission and City Council both discussed making some changes to the lighting regulations, although the City Council indicated that there should be fewer changes for lighting for single-family properties. Zoning ordinances are not retroactive; the new regulations would be applied for properties moving forward. Nuisance ordinances may be applied to existing properties. The proposed lighting regulations were drafted primarily to reduce glare and off-site impacts for non- residential lighting and for residential properties with apartments larger than six units. The lighting section would be split into two groups: Regulations to prevent glare (1201.03 Subd. 2. i.) : Modernizes the language and includes language addressing both direct lighting and indirect (spill) lighting. Staff included language addressing spotlights and floodlights in this section and such requirements would be subject to all uses city-wide. However, the Commission could direct that the regulations on uplighting could be incorporated into section 1201.03 Subd. 2. v. and apply only to non-residential and apartment larger than six units. Regulations to control brightness (1201.03 Subd 2. v.): The regulations were drafted to limit mounting height, brightness, color, shielding, etc. and developers would be responsible for providing information on the site lighting with their other development review details. Properties would be allowed a maximum number of lumens based on the total area of impervious surface, with some additional lumens allowed for gas stations and drive-thru service windows. Page 2 The changes to the lighting regulations also include an amendment to the nuisance regulations to add holiday lights when lit between 11 p.m. and 7 a.m. Allowing two homes on a property Because conditional use permits are typically used for permanent additions, staff recommends reviewing this type of request using an interim use permit as they usually have a defined end date. Staff also recommends increasing the amount of time the property owner can keep a second home on the property as construction duration is increasing with the size and complexity of new homes. The code could allow a specific amount of time, like nine months or use a specific point in construction to determine when it would be appropriate to remove the existing house, like when the water supply is hooked up to the new house.. Allow portico additions to encroach into the front setback in all districts During the review of a variance application in 2018 for a variance to allow a front portico, one of the Councilmembers suggested that a portico may be an appropriate allowance for all homes, not just those constructed prior to 1986. The proposed regulations would open up the encroachment to all homes. Egress pit encroachments During the review of a similar PUD amendment for the Minnetonka Country Club, the City Council considered whether it would be appropriate to allow egress pits the ability to encroach into yards for homes outside the Minnetonka Country Club. Because homes in older subdivision may not have had an extensive drainage review, staff propose to allow the egress pits in required front, side abutting a public street or rear yards, but preserving the 10-foot side-yard setbacks for homeowners to have some ability to correct drainage problems between homes without a permanent structure in the way. Digital order signs This amendment is to allow all drive-thru businesses the ability to add a digital order confirmation board as a separate sign rather than having to combine it with their menu board. This amendment was discussed originally during the review of the Starbucks variance request for the separate order station. Zoning permits The list of uses and projects in the code that require a The permits are supposed to be used for checking setbacks and impervious surface coverage where no other dimensional/hardcover regulations and staff has never processed a permit for either: irrigation systems and dog fences. Additionally, another listed use is for tents and canopies for periods longer than 2 weeks, but the zoning except as permitted for outdoor sales through a conditional use patios, sidewalks and similar. Consequently staff has added those uses to this section. PUD process The current PUD requirements are process intensive. For example, the concept plan requires multiple public hearings, one at the Planning Commission and one at the City Council. Each hearing requires separate publication in the official newspaper and mailed notices to neighbors. Published legal notices are the least effective means to convey information to the public and the most expensive. Staff propose to limit the public hearings to one at concept stage and one at development stage and a mailed notice for each of those public hearings. Both public hearings would be held in front of the Planning Commission. Page 3 Minor subdivisions/combinations The City no longer has any review authority over lot combinations; the County is the reviewer for that type of application. All language referring to combinations has been removed. The changes proposed to minor subdivisions include changing to the duration of time to be consistent with state statute. Staff also propose to remove the ability of properties to complete multiple minor subdivisions on properties. Currently, a property owner can subdivide property by minor subdivision if the property was created by a minor subdivision prior to 1985, a plat or an RLS. Dividing properties by metes and bounds subdivisions creates messy legal descriptions and the issues are compounded with multiple subdivisions regardless of when the division was approved. Consequently, staff propose allowing minor subdivisions on properties that have been previously platted to minimize the overly complicated legal. Minor subdivisions do not require any mailed notice to homeowners and none is required by statute. The Commission could consider adding a requirement for a mailed notice to the neighborhood into the process. Subdivision variance process Subdivision variances are typically reviewed with a subdivision, either a plat or a minor subdivision. require a public hearing and requiring a public hearing for a variance is unnecessary. Staff do not recommend removing the mailed notice to adjacent homeowners. ATTACHMENT Table of Proposed Amendments Draft Ordinance Minutes from Planning Commission meeting and City Council meeting (lighting discussion) Table of Proposed Revisions Amendment S/H Reason for Revision Page # # Amendments to the Zoning Ordinance 1 H Clarify definition to reflect practice 1 2 H Change definition of church to religious institution, both terms used 1 throughout ordinance 3 H Change definition to reflect current practice 1 4 H Remove dimensions from definition (repeated in 1201.03 Subd. 14) 1 5 H Correct definition to reflect practice 1 6 H Clarify definition to reflect practice 1 7 H Clarify definition to reflect practice 1 8 S Add lighting related definitions to provide additional regulatio 2 9 H Change definition of church to religious institution, both terms2 throughout ordinance 10 H Change reference from church to religious institution 2 11 S Change process for the allowance of two structures on a lot from2-3 conditional to interim and to reflect current building practices 12 H Previous removed this language, but left in by codifiers 3 13 H Change process to reflect current practice 3 14 H Add language to reflect current practice 3 15 H Change tree size to be consistent with Tree Preservation and 4 Replacement policy 16 H Change regulations to reflect recent change in Right-of-Way 4 regulations or to reflect current practice 17 H Grammar correction 4 18 S Clarify glare regulations 4-5 19 H Correct district references 5-6 20 S Add additional lighting regulations 6-8 21 H/S Separate two unrelated regulations into separate paragraphs, all8-9 portico additions to the front of homes regardless of date of construction 22 H Provide clarity to regulation 9 23 H Amend pool setbacks to allow safety egress around pool 9 24 H Grammar correction 9 25 S Allow for egress pits in front and rear yards as directed after 9 in PUD for Mntka Country Club subdivison 26 H Change reference 10 27 H Grammar correction 10 28 H Preserve drainage and utility easements for those purposes 10-11 29 H Change references 11 30 H Change references 11 31 H Clarify status of canvas/vinyl. Revise 150 square foot reference to be 12 st consistent with 1 sentence 32 H Add prohibited materials in residential construction 12 33 H Add stucco to the list of allowable uses and some additional 12 flexibility in the design of commercial structures 34 H Add a maximum height for directional signs 13 35 H Correct spelling error 13 36 S Allow digital order confirmation signs in addition to menu board14 drive-thru service windows 37 H Change process to correct current practice 14 38 H Correct home occupation prohibition to avoid duplication in section 15 502 of City code. 39 H Correct reference to terms used elsewhere in the zoning regulati 15 40 H Correct district references 15 41 H Add PUDs and correct reference to current practice 15 42 H Reduce number of plans submitted 16 43 H Change process to reflect current practice 16 44 S Amend zoning permits regulations to reflect current practice 16-17 45 H Clarify reference, remove uses that are not likely to occur 17 46 H Correct references 18 47 H Clarify reference 19 48 H Correct reference 19 49 H Add religious institutions as a permitted use 21 50 H Remove extra space 22 51 H Correct lighting references 22-28 52 H Add the reference to the permitted use 28 53 H Correct lighting reference 29 54 S Correct the PUD process to reflect current practice and state statute 29-31 55 S Correct the PUD process to be consistent with state statute and 31-32 current practice 56 S Correct the PUD process to be consistent with state statute and 32-33 current practice. Allow final plan approval to last one year Amendments to the Subdivision Regulations 1 H Correct the process to reflect current practice and state statut 34-36 2 H Modernize reference 36 3 S Clarify process for minor subdivisions and remove requirements f37-38 review of consolidations 4 S Correct the process for subdivision variance to reflect current 38-40 practice and state statutes Amendments to the Nuisance Regulations 1 S Add holiday lights between 11 p.m. and 7 a.m. 42 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 25, 2019 Page 5 of 8 E. Direction on Potential Lighting Amendments Planning Director Darling explained some of the discussion that the Planning Commission held regarding lighting concerns raised by a resident that lives near Shorewood Landing. She stated that the Planning Commission has requested that the City consider additional regulations concerning light sources, uplight and glare restrictions, additional hooding/shielding requirements, a maximum amount of lumens for signs and commercial sites, and commercial lighting levels overall. She stated that the Planning Commission was split on whether to apply nuisance lighting restrictions to holiday lighting. She stated that there is also some language in the existing that she would like Council direction in order to continue working on these potential changes. Mayor Zerby stated that output is important and easy for the City to look and supports cleaning up the outdated language as well. residential. Mayor Zerby stated that he thinks commercial is where it is needed, not residential usage. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 7 of 10 D. Discuss Potential Amendments to Lighting Ordinance Planning Director Darling noted that at the January 15, 2019 meeting, a resident spoke during the Matters from the Floor portion of the meeting regarding concerns about lighting on the adjacent property. She noted that this property owner had submitted some ideas for potential code amendments for the City to consider with regard to lighting. She noted that she had summarized the research from other community ordinances in the staff report. She stated that she recommends at least updating the nuisance lighting portion of the ordinance, and limiting the lighting that can be used to illuminate a sign, but does not recommend making a restriction on holiday lighting because of First Amendment concerns. Commissioner Eggenberger stated that he would like to table this discussion until the May meeting to allow for time to study the information she had gathered. Planning Director Darling noted that she is not looking for a particular code amendment but would like some comments and opinions from the Commission as to whether the Lighting Ordinance needs updating. She explained that she would just like feedback on areas where the Commission would like to see her improve the code. Cindy Marr, 1615 Chaska Road, stated that what she would like to see a timing element added to the code for the extra lights that Shorewood Landing has and gave the example of them having to be turned off at 11:00 p.m. She stated that there are 28 balconies from this building looking at her yard that could all have Christmas lights. She noted that she has no problem with Christmas lighting, but is concerned about the timing and the duration. She reiterated the problem with their sign lighting blocking her vision when she is in her driveway. Commissioner Gorham stated that hooded spotlights should be included in the ordinance. Commissioner Riedel stated that he would like to see the code be made so it is simple, clear, and more objective rather than subjective. Chair Maddy stated that he would like to see light not shine off of any properties and stay on their own. Ms. Marr stated that the Shorewood Landing has put lighting along the top of their building and that is not Christmas lighting. Chair Maddy explained that the Commission is just talking about the lighting ordinance as a whole and not just looking at Shorewood Landing. Commissioner Gault stated that he feels holiday lighting could have some regulations in order to help people respect their neighbor, similar to the noise ordinance that has certain levels of decibels allowed overnight. Planning Director Darling stated that the City would have to be very careful how the language was crafted in order not to infringe on First Amendment rights. Commissioner Eggenberger stated that he would like to see language that requires hooded lighting. Commissioner Riedel stated that he was uncomfortable restricting timing of lights. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 8 of 10 The Commission discussed areas of the code that they would like to see addressed in the code such as; uplight, glare, intensity, max lumens, and commercial lighting levels.