04-21-20 Planning Comm Agenda Packet
CITY OF SHOREWOODCOUNCIL CHAMBERS
PLANNING COMMISSION MEETING5755 COUNTRY CLUB ROAD
TUESDAY,FEBRUARY 4,20207:00 P.M.
MINUTES
CALL TO ORDER
ChairMaddycalled the meeting to order at7:01P.M.
ROLL CALL
Present:ChairMaddy;CommissionersEggenberger, Gorham, Gaultand Riedel;Planning
Director Darling; and, Council Liaison Labadie
Absent:None
1.APPROVAL OF AGENDA
Riedelmoved, Gaultseconded, approving the agenda for February 4, 2020,as presented.
Motion passed 5/0.
2.APPROVAL OF MINUTES
January 7,2020
Eggenbergermoved, Riedelseconded, approving the Planning Commission Meeting
Minutes of January 7,2020, as presented. Motion passed5/0.
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
determining zoning and plannin
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-Bergquist
Location:20325 Excelsior Boulevard
Planning Director Darling noted that this application had been missing information. She noted
that it had been recently submitted to finalize their application. She noted that this item should be
ready for the public meeting in March and asked that Commission to open the public hearing and
continue it to March 17, 2020.
Chair Maddy opened the Public Hearing at 7:05P.M. noting the procedures used in a Public
Hearing. There being no comment, Chair Maddy closed the Public Testimony portion of the Public
Hearing at 7:05 P.M.
CITY OF SHOREWOODPLANNING COMMISSION MEETING
February 4, 2020
Page 2of 5
Riedel moved, Gaultseconded, to Continuing the Public Hearing for Preliminary Plat, Lot
Width, and Area Variances for Sathre-Bergquist at 20325 Excelsior Boulevard to March 17,
2020. Motion passed 5/0.
4.OTHER BUSINESS
A.Zoning Ordinances Amendment (Continued)
Chair Maddy explained that the Commission had begun discussing the proposed zoning code
amendments at the last meeting. He stated that there isa total of about 60 amendments being
considered. He noted that there appeared to be people in the audience here to discussthe
holiday lighting ordinance and suggested that the Commission begin with that one in order to be
Planning Director Darling gave an overview of the ongoing complaints about bright Christmas
lights placed around the community. She reviewed the suggested change to the nuisance code
affecting peace and safety. She stated that there are 20 nuisances listed in section 501 currently
and if theCommission recommends regulations on holiday lights, this may be the location to
include those regulations. She stated that staff is recommending that it be changed to say that
they cannot be illuminated between 11:00 p.m. and 7:00 a.m.
Commissioner Eggenberger stated that he thinks the proposed time is acceptable but would
Commissioner Riedel stated that the term holiday is not defined. He asked that if somebody puts
lighting on a tree whether that constitutes holiday lighting. He stated that there are some gray
areas in the code that may need some clarification. He stated that he would also propose that
the City have a threshold of lumens below which there is no requirement that they must beturned
off at night.
Chair Maddy asked Planning Director Darling to clarify why this is in the nuisance section and not
the lighting section of the City Code.
Planning Director Darling stated that zoning regulations are not retroactive, which is why seasonal
or holiday lighting may fit into the nuisance section rather than lighting.
Commissioner Gault suggested not specifically calling out holiday lighting, but instead say that
any kind of lighting that exceedsthe allowances will be considered a nuisance violation between
the hours of 11:00 p.m. and 7:00 a.m.
Commissioner Riedel stated that holiday lights are temporary so none of them would be
grandfathered in and noted that he does not think there will be any lights that fall under that
category.
Commissioner Gault clarified that he feels the City already has regulationsabout how much light
can spill onto a property and feels that should apply whether it is holiday lighting or
other lighting.
CITY OF SHOREWOODPLANNING COMMISSION MEETING
February 4, 2020
Page 3of 5
Commissioner Riedel stated that in his opinion, asit is written seems to be a bit of an overreach.
He stated that he is in favor of this change butwould like there to be some provision made for the
brightness,so the City is not forcing people with dimmer displays to turn them off every night.
Chair Maddy stated that it may simply be a case of encouraging people to use a timer for their
lights. He asked where the hours of 11:00 p.m. to 7:00 a.m. came from and if it was from nearby
cities.
Planning Director Darling noted that very few citieshave the language written up with a turn off at
a specific hour.
Chair Maddy asked about the number of complaints received and noted that he also feels this
may be a bit of an intrusion. He asked about complaints regarding people leaving their patio or
garage lights on and whether those were received more frequently than complaints about holiday
lights.
Commissioner Riedel reiterated that as this ordinance, as written, it is saying that all holiday lights,
even if it meets the lumens and light spillage thresholds, need to be turned off between 11:00
p.m. and 7:00 a.m.
Planning Director Darling reviewed the lumens and foot candle limits for residential and
commercial properties.
Chair Maddy noted that he feels this will be very tough to enforce.
Commissioner Riedel suggested that all the lighting requirementsand restrictions be cut in half
at 11:00 p.m. for temporary or holiday lighting.
Chair Maddy stated that he thinks that change would be even harder to regulateand suggested
that it be dropped entirely and let the remaining lighting regulations stand.
Commissioner Gorham stated that he wonders if this issue should be more of an education on
light conservation than the City imposing restrictions.
enforce
thistype of conservation measure.
Chair Maddy stated that he would openthe discussion on this item to members of the audience
to give them feedback.
Mary Beth Knopeck, stated that she has lived in Shorewood for 51 years and noted that she
currently resides at Shorewood Landingbut clarified that she wasnot here representing
Shorewood Landing. She stated that she would like to see the numbers associated with this issue
such as the number of residents affectedandthe police hours spentdealing with these
complaints. She stated that if there are a minimal number of residents complaining she would
suggest having them put up blinds and not wasting police and taxpayerdollars on this issue. She
stated that this is a vast issue but thinks it h
time in the City changing the rules.
Charles Eng, stated that he is here to show that their lights are within the limits stated in the City
Code. He stated that the person who complained is not presenttonight butreiteratedthat their
lighting is well within the limits set by the City.
CITY OF SHOREWOODPLANNING COMMISSION MEETING
February 4, 2020
Page 4of 5
Nina Stark, 6000 Chaska Road, stated that she has lived in the Excelsior area for almost 90 years
and the move to Shorewood Landing has been a gift. She stated that she believes they have
been good neighbors and outlined some of the fundraising events that they have held for the fire
and police departments in addition to Toys for Tots.
Gordon Cleveland, Environmental Services Director, Shorewood Landing, stated tha
think there is any chance that their holiday lighting will spill over beyond their parking lot lighting.
Commissioner Eggenbergerasked the Shorewood Landing residents if they turned their lights off
at 11:00 p.m. or left them on all night.
Mr. Cleveland stated that Shorewood Landing used to leave their lights on all nightbuttheyturned
them off around midnightfor the last week they had them installed.
Chair Maddy noted that the Commission is trying to speak broadly to an issue and not just
specifically Shorewood Landings.
The Consensus of the Commission was that subdivision 20 restricting the use of holiday
lights between 11:00 p.m. and 7:00 a.m. be removed.
Commissioner Riedel suggestedthat the Commission revisitthis issue in one year to see how
many issues arose.
The Commission discuss the proposed amendments, as presented, and proposed minor
changes, for items#45-#56. The Commission discussedthe subdivision regulations #1-#4.
Chair Maddy thanked Planning Director Darling for all her work on these updates.
Planning Director Darling asked if the Commission would like one more look at all the
recommended changes from both the January and February meetings, before it is scheduled for
a Public Hearing.
There was a Consensus of theCommission to take one more look at the Zoning
amendments before scheduling a Public Hearing.
Planning Director Darling stated that she will put this on the March agenda under Other Business
for final discussion before a Public Hearing is scheduled.
5.MATTERS FROMTHE FLOOR
6.REPORTS
Liaison to Council
Council Liaison Labadie
January 27, 2020, meeting (as detailed in the minutes for that meeting).
Draft next meeting agenda
CITY OF SHOREWOODPLANNING COMMISSION MEETING
February 4, 2020
Page 5of 5
Planning Director Darlingnoted that next month will havea fairly heavy agenda. She stated that
there will be thePreliminary Plat with variances discussed earlier tonight, one or twominor
subdivisions, avariance to redevelop a substandard lot, and a front setback variance.
Report from Chair Maddy on Sensible Land Use Coalition
Chair Maddy gave an overview on the Sensible Land Use Coalition presentation he attended
regarding sustainability and land use planning.
7.ADJOURNMENT
Riedelmoved, Gaultseconded, adjourningthe Planning Commission Meeting of February
4, 2020, at 8:59P.M.Motion passed 5/0.
management plan prior to issuance of any building permits. A construction
management plan would need to address parking for contractors/subs,
construction hours, delivery of goods without blocking public streets, street
cleaning, etc.
5. Public Welfare: The variance would not be detrimental to the public welfare,
nor would it be injurious to other land or improvements in the neighborhood.
6. Minimum Necessary: The variance is the minimum necessary to make reasonable
use of the property. The proposed house and garage are in scale with the size of
the existing lot.
RECOMMENDATION
Based upon the preceding analysis, staff finds the request is consistent with the variance criteria and
recommends approval. The proposed development will lessen the non-conformity of the lot to
Shorewood’s existing building and zoning standards and would be the minimum request necessary
to make reasonable use of the property. Approval of the applicant’s plans is recommended subject
to the condition the applicant submit a construction management plan with their building permit
application.
ATTACHMENTS
Location Map
Engineer’s memo dated February 3, 2020
Applicant’s narrative and plans
Correspondence Received
-4-
Marie Darling
From:Brett Johnson <brett.t.johnson82@gmail.com>
Sent:Saturday, March 21, 2020 12:01 PM
To:Planning
Subject:23100 Summit Ave variance request
To whom it may concern,
I am the property owner at 23110 Summit Ave. I received the noticed regarding the property variance request
by Clayton Tessness. I am for allowing the variance to front setback being reduced in order to allow the house
to be built closer to the street.
Regards,
Brett Johnson
1
MEMORANDUM
Date
: April 13, 2020
To
: Marie Darling, Planning Director
From
: Matt Bauman, PE
Subject
: 5810 Club Lane Minor Subdivision – Second Review
City of Shorewood
Project No.: C16.120219
The following documents were submitted for review of compliance with the City of Shorewood’s Local
Surface Water Management Plan and Engineering Standards:
Stormwater Management Plan dated April 3, 2020
Preliminary Utility Plan and Grading Plan dated January 24, 2020, Revised April 6, 2020
Response Letter dated April 6, 2020
Certificate of Survey/Subdivision dated January 24, 2020
This review only included the documents listed above, primarily dealing with grading, modelling and the
stormwater narrative.
1. Correct HWL to 988.2 on Grading Plan and Utility Plan.
2. Correct EOF elevation on Utility Plan.
3. In HydroCAD, correct inlet elevation of Device 1/Outlet elevation of Device 2 for Filtration
Basin to match plans.
4. Evaluate discharge rates for the 1-year storm event.
5. Verify time of concentrations as proposed conditions have much longer time of concentrations for
several catchments than existing catchments. Specifically comparing EX_2 and PR_8.
6. Provide groundwater data and verify that the low floor elevation is: (Soil borings were
mentioned in response letter, but not included in submittals. Please forward to verify and
recommend to include as an appendix item to the SWMP.)
a. 4.0 feet above groundwater elevations in the area.
b. 2.0 feet above known historic high groundwater elevations.
7. Verify that there is at least 3.0 feet of separation from the bottom of the infiltration basin to the
groundwater elevation. (Soil borings were mentioned in response letter, but not included in
submittals.)
8. A copy of recorded easements for each property the outlet pipe crosses will need to be
submitted. Maintenance of the pipe must be private and subject to covenants or a maintenance
agreement that must be recorded against the property.
a. We suggest changing the lot split so that the pipe only needs an easement from 24880
Bentgrass Way Property.
b. Submit construction plan and erosion control plan for this pipe prior to recording the
subdivision.
C:\Users\mdarling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\WWMB5III\2020-04-13_5810 Club Ln Minor Subdivision_Second Review Memo (002).docx
Name: 5810 Club Lane MS Review
Date: April 13, 2020
Page: 2
9. Owners of private stormwater facilities shall enter into an agreement with the City describing
responsibility for the long-term operation and maintenance of the stormwater facilities and shall
be executed and recorded with the subdivision. An operations and maintenance plan for the
proposed stormwater system should be recorded with the subdivision.
10. The grading plan and utility plan have text conflicts that make parts of the plan illegible.
Rearrange the text for clarity. Specifically the elevations listed for the filter basin
CITY OF
SHOREWOOD
·
5755 COUNTRY CLUB ROAD, SHOREWOOD, MINNESOTA 55331-8927 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
DATE:
April 21, 2020
RE:
Election of Officers and Work Program
Officers:
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 incumbents
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: Vacant
New Chair:
New Vice-Chair:
Work Program:
Due to the Covid 19 epidemic, the fire lane tours may not be able to be scheduled until May or
June. Staff will keep you posted. The start times should be earlier than traditional meetings so that
review of the fire lanes can occur during daylight hours. Possible start times to discuss are 5:30 or
6:00 p.m. on those dates. Please discuss the meeting times and dates at the meeting and let staff
know of your availability.
2020 Work Program
Spring of 2020 (Apr-May)
Fire Lane Visits (Emergency Declaration Permitting)
Development Applications
Other Code Amendments (as time allows)
Update/Lights/Application Processes
Potential Fire Lane code amendments
Summer of 2020 (June - August)
Potential Fire Lane code amendments
Development Applications
Code Amendments (as time allows)
Fall of 2020 (September – October)
Development Applications
Code Amendments (as time allows)
Winter of 2020/21 (November – February)
Development Applications
Code Amendments (as time allows)
Potential code amendments to consider this year:
Impervious Surface Coverage
Exterior storage
Conditional use permit standards
Subdivision regulations refresh (Park Dedication, Premature Subdivision)
Fences
Food Trucks
Telecom Changes
Nonconforming Uses, Structures and Lots
Small housekeeping edits that accumulate
Wetland Regulations
2020 Planning Commission Meeting Schedule
All meetings are considered tentative based on the number of development applications, but would likely fol-
low this schedule. Additionally, the Planning Commission meets officially twice per month and
additional meetings may be added as needed.
Planning Commission
Public Meetings
March 17, 2020
April 7, 2020 Cancelled
April 21, 2020 (Video Conference)
May 5, 2020
June 2, 2020
July 7, 2020
August 4, 2020
September 1, 2020
October 6, 2020
November 17, 2020
December 1, 2020
January 5, 2021
February 2, 2021