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1993 planning minutes . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 5, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair pro tem Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Bean, Borkon, Hansen, and Malam; Council Liaison Stover; Planner Nielsen. Chair Benson entere.d the meeting at 7:08 p.m.; Commissioner Rosenberger entered the meeting at 7: 15 p.m. APPROVAL OF MINUTES Bean moved, Malam seconded to approve the minutes of the Planning Commission meeting of December 1, 1992. Motion passed 4/0. 1. 7:00 PUBLIC HEARING - LOT WIDTH AND SETBACK VARIANCES Aoolicant: Location: Lance DeTrude 26620 West 62nd Street Nielsen reviewed the Applicant's request for a lot width variance of approximately 2 feet and a setback variance of approximately 8 feet for property containing approximately 34,920 square feet at 26220 West 62nd Street. Nielsen stated that during the past year the City completed an improvement project on Church Road which involved condemnation of additional right-of-way for all properties on Church Road. He pointed out that the residents, except for Mr. DeTrude, petitioned for the road improvement. DeTrude objected to the project as it had more of an effect on his property than on those of others. His property, prior to taking of the right-of-way was capable of being divided into three buildable lots. The condemnation of the right-of-way reduced the width of his property by 12.75 feet precluding DeTrude from 3 buildable lots in the zoning district. The result of this is that the City's options for paying damages include either granting the necessary variances for 3 buildable lots or paying DeTrude for an entire lot while only 12.75 feet is involved. Nielsen pointed out that variances would have still been required without the right-of-way condemnation in that the City would have required appropriate right- of-way at the time of subdivision of the property. He indicted that one of the parcels would result in being slightly less than 75 feet wide. Nielsen suggested that Parcel A, the western most lot, be designated as the narrow lot. 1 PLANNING COMMISSION MEETING JANUARY 5, 1993 - PAGE 2 . Nielsen stated that the City Attorney has proposed that, as part of the settlement, DeTrude be left with a buildable area that is at least 40 feet wide on the easternmost lot. Therefore, it is suggested that he be granted an 8 foot variance so that the lot will contain at least a 40-foot wide buildable area. In recommending approval of the variances, Nielsen stated the variances are justified in that DeTrude's hardship is a result of the City's taking the property and meet all the criteria for variances. Nielsen pointed out that DeTrude has a concern related to the lot lines. The resolution granting the variances and giving him assurance that he will have three lots does not sub-divide the property, but simply grants the variances for three buildable lots. Nielsen indicated that the lot lines may need to be adjusted somewhat to accomplish this. This issue will be resolved at the time the DeTrude requests subdivision of his property. Nielsen pointed out another concern DeTrude has is the status of the existing shed on the property which will become nonconforming when sub-division occurs. It will require compliance with the required 35 foot rear set-back at the time of sub-division. Nielsen stated that because of the Applicant's concerns, the Attorney suggests that this hearing be continued for one month to February 2 to allow time for negotiation with the Applicant. . Borkon opened the Public Hearing at 7: 12 p.m. Merlin Wanous, Chanhassen, stated: This doesn't make any difference to us, but I know that the Church is interested in Lot A as they are building a new church out there. We have no objections to DeTrude's plans to utilize his property to the best of his advantage. Nielsen noted that the Church was interested in 1988, however a site plan has been approved for the Church without the lot. Chair Benson closed the Public Hearing at 7: 18 p.m. Hansen indicated that variances are generally granted for one year and questioned whether this limitation had any bearing on the matter. Nielsen stated that variances are granted ordinarily for one year, however, according to the Attorney, in this case, the variances would be specifically granted until such time subdivision is accomplished and recorded against that lot and carries with the property. Bean asked whether a stipulation can be made at this time to grant the variance to Parcel A. Nielsen stated that if the Commission views this as a valid recommendation, it should be included in the Council's resolution. . Hansen expressed concern about attaching this stipulation at this time since a one month continuance is recommended to obtain the Applicant's agreement to the staff 2 . . . PLANNING COMMISSION MEETING JANUARY 5, 1993 - PAGE 3 recommendations and any stipulations may impede the negotiation process. Nielsen clarified that this application should be treated the same as any other subdivision request notwithstanding the fact that the City would be required to pay if the variances are not approved. The Commissioners discussed the appropriateness of Parcel A stipulation at this time given the pending negotiations. The consensus of the Commissioners was that additional information regarding negotiations with the Applicant was necessary prior to taking action on this request. Borkon moved, Malam seconded to continue to February 2, 1993, the matter of Lot Width and Setback Variance - Lance DeTrude, 26220 West 62nd Street, and direct the staff to provide additional information. Motion passed 6/0. Stover noted that the costs assessed to the residents for the Church Road improvement project increased substantially because of DeTrude's objection to the project. 2. 7:15 PUBLIC HEARING - C.U.P. FOR A PARK MAINTENANCE BUILDING Aoolicant: Location: City of Shorewood Freeman Park Nielsen stated that the South Tonka Little League Baseball organization has volunteered to construct a building at Freeman Park to be donated to the City. The building will be used for storing supplies and equipment used for Little League baseball games. It would also double as a concession stand during games. Nielsen described the design and location of the building. He stated it is consistent with the style and materials of the shelter buildings to be ultimately provided in the City parks. In recommending approval of the C.U.P. as proposed, Nielsen noted the building is viewed as setting a desirable precedent for future park buildings, should enhance the maintenance of the ball fields at the south end of the park, and noted the generosity of the organization for its donation. Chair Benson opened the Public Hearing at 7:28 p.m. Paul Krueger, Shorewood Oaks, stated: I'm not exactly sure where the building will be located. I appreciate being notified about this. Some of the residents have asked what this involves. I am certainly not against this and feel that any kind of activity for the youth is great and wonderful to have in the area. One concern I have is that my property backs up to Freeman park and am somewhat concerned about traffic late at night 10 to 12:30. 3 . . . PLANNING COMMISSION MEETING JANUARY 5, 1993 - PAGE 4 Benson stated that it would be appropriate to call the police in such instances since the Park closes at 10 p.m. It was also pointed out that vandalism is a problem. Benson closed the Public Hearing at 7:30 p.m. Rosenberger asked whether the organization approached the City and what the financing arrangements are for construction. Mr. Gary Dresel, representing the Little League, stated the organization came to the City with the proposal. He explained that financing of the project is covered by excess funds created within the organization. Nielsen noted that a masonry building is considered more vandal-resistant than wood construction and that costs are comparable. The Commissioners discussed the addition of security lighting. Mr. and Mrs. Wagner agreed lighting would be acceptable. Borkon commended the organization for its communication methods and for its generosity. She inquired about usage and scheduling of the baseball fields. Scheduling is conducted through community education and fees are imposed as appropriate. Nielsen stated the City will work with the organization to provide for appropriate adequate security lighting for the immediate area of the building. Bean moved, Borkon seconded to recommend to the Council that it approve the Conditional Use Permit for Freeman Park Maintenance/Concession Building and further recommended that adequate security lighting be provided. Motion passed 6/0. Stover asked for clarification regarding maintenance of the building. Gordon Lindstrom, Park Commissioner, indicated that the Park Commission would likely clarify that responsibility. 3. 7:30 PUBLIC HEARING - AMENDMENT TO SECTION 1201.03 SUBD. 20 (ELDERLY HOUSING) OF THE SHOREWOOD CITY CODE REDUCING CERTAIN FEES Nielsen noted that this topic has been reviewed by the Senior Housing Task Force and the Park and Planning Commissions. The Council has agreed with the general concept of allowing reduced park dedication and sanitary sewer fees related to construction 4 PLANNING COMMISSION MEETING JANUARY 5, 1993 - PAGE 5 . of elderly housing and directed the staff to prepare the appropriate amendment to the Ordinance. Nielsen described the concept whereby such fees will still be charged based on the current zoning, however, additional units achieved will not be assessed such charges and indicated it is designed as an incentive for encouraging construction of elderly housing in Shorewood. Formal action on this amendment will be taken by the Council at its January 25 meeting. Chair Benson opened and closed the Public Hearing at 7:45 p.m. there being no comments from the public. Malam pointed out that there is no guarantee that a developer would pass the resulting savings on to the purchasers. Rosenberger agreed with that concern and although he supported the basic concept of the incentive, he stated that this does not go far enough to promote senior housing and suggested that a full program of incentives be developed. Borkon preferred that such incentives be allowed on an individual case-by-case basis rather than by ordinance amendment to provide for greater control of development. It was pointed out, however, that to provide consistency for developers, rules and regulations must be recorded. Stover pointed out that a stated goal of the City is to encourage construction of senior . housing and this incentive is a step toward this goal. Following discussion, the consensus of the Commissioners was that this amendment provides for a beginning initial step toward a potentially expanded policy of incentives for development and construction of elderly housing in Shorewood. Rosenberger, however, expressed the opinion that Shorewood needs a methodically developed comprehensive program related to senior housing rather than offering incentives such as this amendment on an incremental basis. Bean moved, Hansen seconded to recommend to the Council that it approve an ordinance amending Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations and further recommends that the Senior Housing Task Force and the Council continue efforts to identify broader based incentives for senior housing in Shorewood. Motion passed 5/1. Rosenberger voted nay. 4. ZONING ORDINANCE DISCUSSION - YARD LIGHTING REGULATIONS . Nielsen stated that currently the City ordinances do not provide restrictions or regulations on yard lights such as those erected near drive ways for security or aesthetics. Nielsen reviewed recent requests received for installation of various types of lighting. At the present time, he stated this type of lighting is regulated somewhat similar to fencing restrictions and limitations. He noted that a review of 14 cities 5 . . . PLANNING COMMISSION MEETING JANUARY 5, 1993 - PAGE 6 indicates that this has not been a significant problem and was not specifically regulated by ordinance. Nielsen stated, however, that enough requests are received in Shorewood that a simple regulation addressed in the zoning ordinance would assist the staff in responding to inquiries. Nielsen noted that the ordinance does already regulate spill-over/candle foot of lighting. Nielsen requested input from the Commissioners regarding this issue. Following discussion, the Commission requested the staff to provide information, for its review, on currently existing ordinances and regulations related to lighting and fencing including state guidelines and agreed to discuss and consider staff's recommendations on regulation of lighting at a future meeting. 5. DISCUSSION - BURNING PERMIT REQUIREMENTS Nielsen reviewed the ordinance pertaining to open burning and the specific policy covering Recreational Fire Rules and Regulations prepared by Cary Smith, Fire Marshall. A burn permit is required for recreational fires under that policy. During discussion, the Commission recommended that staff bring these regulations to the attention of the police department which is responsible for enforcement of the policy.' The Commission further recommended that staff draft an amendment (after review and clarification) for the Commission's review, to Subd. 3. of Code 501.03 Opening Burning: stating that the Fire Marshall having jurisdiction will issue the permit and deleting the phrase: "which permit shall be approved by the City Council before being valid in the City." 6. DISCUSSION - COMMERCIAL MAINTENANCE CODE Nielsen stated that the staff has researched the issue of commercial maintenance codes. After checking with 12 cities, none were found to have maintenance codes for commercial properties. The City Attorney is not aware of any cities that have adopted such regulations and has not encountered commercial maintenance codes in his experience. Nielsen requested that the Commissioners discuss specifically the types of issues it wishes to address. He pointed out that the City's regulations must be related to the public health, safety and general welfare and described examples of items that may be annoying, but may not be the City's concern. Nielsen also noted that current commercial Codes provide for adequate regulation. He described actions taken to bring violations of regulations into compliance. The Commissioners discussed existing conditions at the Shorewood Shopping Center. Stover described the liquor board's difficulties in upgrading the City's liquor store in the Center and recommended that corrections to safety-related hazards be pursued. Nielsen reviewed the ordinances that can be used to bring such items into compliance and described the limitations of the ordinances. 6 . PLANNING COMMISSION MEETING JANUARY 5, 1993 - PAGE 7 Rosenberger stated that a commercial maintenance code would ensure that as buildings and structures get older and deteriorate, they would be upgraded and maintained adequately. It was noted that sensitivity to excessive regulation and individual rights is appropriate. Following discussion, Nielsen suggested that the Commissioners continue monitoring this matter and bring specific objectives to the attention of the staff. 7. MATTERS FROM THE FLOOR - None. 8. REPORTS Hansen moved, Bean seconded to recommend to the Council that the terms of office of Planning Commission members be clarified in the City Code with specific dates of beginning and ending of terms, appointments and length of term be defined. Motion passed 6/0. 9. ADJOURNMENT Benson moved, Bean seconded to adjourn the meeting at 9:50 p.m. . Motion passed 6/0. . RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 7 . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2, 1993 COUNCil CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CAll TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROll CAll Present: Chair Rosenberger; Commissioners Bean, Bonach, Borken, Hansen, Malam and Pisula; Council liaison lewis; Planner Nielsen. Chair Rosenberger welcomed newly appointed Commissioners Ms. Bonach and Mr. Pisula; Council liaison lewis; and re-appointed Commissioners Hansen and Malam. APPROVAL OF MINUTES Hansen moved, Borkon seconded to approve the minutes of the Commission's January 5, 1993 meeting. Motion passed 7/0. . PROCEDURES Chair Rosenberger outlined procedures for Public Hearings: 1 . Staff presents oral report on the application/subject 2. Applicant may respond 3. Open to public for 3-4 minute individual comment 4. Closed to public after each individual is heard 5. Commissioners discuss, ask questions of the applicant and/or the public, take action 1. 7:00 PUBLIC HEARING - PRELIMINARY PLAT - DEER RIDGE Applicant: Location: Jeff Williams (J. Scotty Builders) Approx. 5.1 acres immediately west of Wood haven 2nd Addition . Nielsen reviewed the Applicant's request for preliminary plat approval to divide approximately 5.1 acres of land located immediately west of Woodhaven Second Addition into five lots. He noted that in 1989 an approved three lot division accessed by a private road was not finalized and the current owner has acquired control of land which previously served as an access easement. In so doing, he is able to dedicate right-of-way for a public street and allows him to plat more than three lots. Nielsen stated the plat is unusual because the street begins at Koehnen Circle in Chanhassen. 1 PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2, 1993 - PAGE 2 . In addition, water and sanitary sewer service will be provided by Chanhassen and the site also drains south into Chanhassen. Due to these circumstances, the project requires development agreements between the two cities. The site is zoned R-1 C, single-family residential and lot size averages 37,600 square feet. Nielsen stated the plat is consistent with Shorewood's Comprehensive Plan and zoning ordinances. However, he pointed out there are a number of requirements related to agreements between the two cities. Chanhassen has given preliminary indication that it will consider providing the utilities and allowing access from Koehnen Circle based on the following understanding: a. Utilities will meet Chanhassen's standard construction specifications and the developer will pay all of Chanhassen's trunk and connection charges. b. Ponding which will occur in Chanhassen shall comply with Chanhassen design standards. c. The new street would meet Chanhassen's standards or Shorewood's, whichever are higher. d. The new lots will be assessed for future upgrading of Koehnen Circle. e. Shorewood will provide emergency police and fire services to the development. f. Shorewood shall plow Koehnen Circle in conjunction with Deer Ridge. g. Chanhassen will provide routine maintenance for Koehnen Circle. h. Shorewood will provide routine maintenance for Deer Ridge. i. Chanhassen's attorney will prepare an agreement for the appropriate signatures. . Nielsen noted that the Council has favorably considered Shorewood's cooperation on the snow plowing and road maintenance arrangements with Chanhassen. Nielsen recommended the preliminary plat be approved subject to the following conditions with respect to the plat itself: 1. The applicant must provide plans and specifications for the street, utilities and grading and drainage which must be subject to review and approval by City Engineers of both cities and the watershed district. 2. The developer will be required to provide a letter of credit in the amount of 110% of the cost of the utilities for Chanhassen, and a second letter of credit in the amount of 150% of the cost of all other site improvements for Shorewood. 3. The applicant must pay $750 per lot in park dedication fees. 4. Local sanitary sewer access charges are not required since the applicant pays Chanhassen's truck sewer charges. 5. The center island in the cul-de-sac must be eliminated. 6. The developer must provide a detailed grading plan showing access to Lot 1 with a maximum grade of 10%. 7. Outlot A should be made part of Lot 5. If the developer wishes to assure the property owner to the south that vegetation in that location will be preserved, it should be accomplished by conservation easement. Nielsen stated that following approval of the preliminary plat, a three-way development agreement will be drawn up. Mr. Jeff Williams, the Applicant, stated that if possible he would like to have the island to provide for privacy for the lots directly north and noted that the cul-de-sac is not long. . 2 . . . PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2, 1993 - PAGE 3 Mr. Rick Sather, engineer for the builder, stated that maintenance regarding the island is an issue, but it is a nice way to break up the sea of asphalt; would like to see it there and with trees planted there it would be better than looking at black-top. However, he stated it's the City's choice. Williams stated that with regard to Outlot A, he has ncgotiotcd discussed with the owner of the property on the south to make it an easement rather than an outlot, but was not sure if the owner was okay with that. Sather stated he wants to make sure trees get saved in that area; thc strip will an easement could be created and deeded to the other person, but he would not own the C05cmcnt property. He indicated this will may be acceptable to the owner. Sather stated he works with staff in many different communities and commended Shorewood's staff for working with the Chanhassen staff to expedite this request on a cooperative basis. Chair Rosenberger opened the Public Hearing at 7: 15 p.m. AI Whitaker stated: I live on lot 6 directly adjacent to lot 3. I'm curious as to what is going in there, what type of housing, and anything that can be done to minimize the impact on the area. Williams stated he plans to live in the area himself and privacy is important to him; the homes will be nice. Lee Paris, Stratford Place, stated: Been watching the deer go through back and forth there, they are quite a sight, it's ironic it's named Deer Ridge and would hate to see them leave, but I guess that's not enough to stop progress. Chair Rosenberger closed the Public Hearing at 7:20 p.m. Hansen stated that he understands the Applicant's concern with regard to the center island to avoid an expanse of concrete, however, a primary concern is the safety of residents and movement of fire equipment. It would be desirable to allow for flexibility for the movement of such equipment. Hansen requested clarification on the easement of Outlot A. Nielsen stated that the easement is designed to avoid gerry- mandering of lot lines and complications regarding taxes on the small strip. Bean requested clarification on the maintenance of the subject streets. Nielsen stated that the new street is for Shorewood residents and that the tax base generated by the five lots far exceeds the cost for the cooperative maintenance. Bean asked whether it would be feasible for Chanhassen to provide fire and police service. Nielsen stated that Shorewood is closer to provide the service and 911 aspects are better served by Shorewood. 3 . . . PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2, 1993 - PAGE 4 Borkon requested clarification on the differences between Shorewood's and Chanhassen's ponding standards. Nielsen stated while Chanhassen has adopted more formal standards (NERF), Shorewood's standards are adequate for the man-made pond. Borkon requested clarification on the effect on wildlife in the area. Nielsen stated there would be little effect. Nielsen described the grading and drainage to be provided in the development. Borkon asked whether the fire marshall has been contacted regarding adequacy of the turn-around for safety equipment should the island be approved. Nielsen stated the issue has only been addressed in relation to maintenance of the cul-de-sac, and suggested that the matter be referred to the marshall. Nielsen provided additional clarification regarding Outlot A. Sather provided dimensional information regarding the island and the cul-de-sac pointing out that the island has pluses and minuses. Hansen reiterated concerns regarding mobility of equipment to provide safety and fire control for the residents. Bonach noted that the Applicant as a future resident in the development should be cognizant of the need for adequate fire protection. Hansen moved, Malam seconded to recommend to the Council that it approve the Deer Ridge preliminary plat subject to acceptance of conditions 1 - 7 recommended by the staff. Bean stated the recommendation should include items a.-i. Hansen stated he viewed those issues as outside of the Commission's jurisdiction and an agreement between Shorewood and Chanhassen. The Commissioners discussed the center island in the cul-de-sac. Hansen withdrew the motion. Borkon moved, Malam seconded to recommend to the Council that it approve the Deer Ridge preliminary plat taking into consideration the agreement (a. through L) between Chanhassen and Shorewood and subject to staff recommendations (1, 2, 3, 4, 6, and 7) and that with the approval of the fire marshall, the center island in the cul-de-sac be permitted. Motion passed 7/0. On behalf of the Commission, Borkon commended the Applicant's cooperation with the neighborhood. 2. PUBLIC HEARING - LOT WIDTH AND SETBACK VARIANCES (continued from Januarv 5 meeting) Aoolicant: Location: Lance OeTrude 26620 West 62nd Street 4 . . . PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2, 1993 - PAGE 5 Chair Rosenberger noted the continuance of the public hearing on this matter from the January 5 meeting. Nielsen reviewed the Applicant's request for approval of lot width and setback variances pointing out that the owner does not actually wish to subdivide his property at this time. He simply wants an assurance that, when he is ready to subdivide, he can still get three lots out of his property before he agrees to a condemnation settlement. Staff recommends granting a lot width variance and a setback variance recorded with the property which would apply at such time as the owner actually decided to divide his property. Nielsen reviewed the recommendation as it relates to placing the lot width variance on the western most lot since it is an interior lot and would have only two side yard set backs to contend with. He pointed out, however, that it appears the narrower lot width (approximately 73') would comply with the minimum lot area requirement of 10,000 square feet. Nielsen stated that determination of the actual variance should be made at the time the Applicant requests subdivision of the property. Based on this analysis, Nielsen reiterated staff's recommendations. Nielsen stated that Mr. DeTrude appears to be satisfied with the recommendations including the perpendicular lot lines. Chair Rosenberger opened and closed the Public Hearing at 7:52 p.m. there being no comments from the Public. Bean asked for clarification of the language to be recorded with the property. Nielsen stated that upon adoption of a resolution by the Council, the resolution would be recorded with the property stating the variances approved. Borkon asked whether there would be any circumstances under which changes could be made to the resolution. Nielsen stated that rezoning of the property would change the recorded approval and/or if at the time of subdivision the Applicant could demonstrate that the width variance was better on another lot. It was noted that the building on the property must be removed. Bean moved, Borkon seconded to recommend to the Council that it approve the Applicant's request for a lot width variance and a setback variance and further recommend that at the time of subdivision the lot width variance be applied to the western-most lot and that lot lines be made as perpendicular to West 62nd Street as reasonably possible. Motion passed 7/0. 3. 7:15 PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT - SIGN REQUIREMENTS Nielsen reviewed the background to the zoning ordinance text amendment, noting that the issue involves the location of political campaign signs near roadways. He described the difficulty in enforcing the current regulations prohibiting signs in the public right-of-way due to varying street widths and lack of street centering within the 5 . . . PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2, 1993 - PAGE 6 right-of-way. Staff recommends that a easily measurable setback be adopted to simplify enforcement and compliance. The amendment proposes that political signs shall not be located closer than 10 feet of the paved surface of any street and shall not be placed in front of any property without the consent of the property owner. The amendment also changes the length of time campaign signs may be displayed from 60 days prior to an election to 90 days to make the Code consistent with State statutes. In addition, the amendment includes a provision requiring that permanent signs be located no closer to any lot line than 5 feet. Chair Rosenberger opened and closed the Public Hearing at 8:05 p.m., there being no comments from the public. It was noted that unchanged permanent signs will be grandfathered. In response t6 Bonach's question regarding similar regulations in other communities, it was noted that most municipalities prohibit signs in the public right-of-way. Bean moved, Borkon seconded to recommend to the Council that it approve the Amendment to the City Code relating to Zoning Regulations - Signs, as recommended by the staff. Motion passed 7/0. 4. STUDY SESSION - COMPREHENSIVE PLAN Update Review Schedule Transportation Policy Plan Nielsen stated the Study Session is re-scheduled to the February 16 meeting. Hansen distributed copies of his memorandum dated October 12, 1992 regarding public transportation. 5. MATTERS FROM THE FLOOR - None. 6. REPORTS Lewis briefly commented on Council discussions at its January 25 meeting. In response to Hansen's question regarding Planning Commissioners' terms, Nielsen stated that the staff is preparing by-laws of the Commission for future review. Borkon moved, Bean seconded to designate Commissioner Hansen to the position of Park Commission liaison. Motion passed 7/0. 6 . . . PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2, 1993 - PAGE 7 7. ADJOURNMENT Hansen moved, Borkon seconded to adjourn the meeting at 8:12 p.m. Motion passed 7/0. RESPECTFUllY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as stril<couts (deletions) and italics (additions). 7 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 16, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 p.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borken, Hansen, Malam and Pisula; Council Liaison Lewis; Planner Nielsen. APPROVAL OF MINUTES Hansen moved, Borkon seconded to approve the minutes of the Commission's February 2, 1993 meeting, with Paragraph 1, Page 3 corrected to read: "Williams stated that with regard to Outlot A, he has discussed with the owner of the property on the south to make it an easement rather than an outlot, but was not sure if the owner was okay with that. Sather stated he wants to make sure trees get saved in that area; an easement could be created and deeded to the other person, but he would not own the property. He indicated this may be acceptable to the property owner. " Motion passed 7/0. 1. STUDY SESSION - COMPREHENSIVE PLAN Review Final Draft Transportation Policies Review Current Transportation Plan, Proposed MSA System Review Proposed Trail Plan Nielsen reviewed the Transportation Issues as outlined in his memorandum of May 5, 1992; the current Transportation Plan, including the functional class system of Shorewood's streets and the proposed MSA system; and the Proposed Trail Plan. The Commissioners asked questions, discussed the proposals before them, and requested the staff to provide summary recommendations for each of the issues for the Commission's consideration at its ne?<t meeting. 1 . . . PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 16, 1993 - Page ^S 2. MATTERS FROM THE FLOOR Nielsen noted that the EAW related to the. Gideon's Woods P.U.D. will be examined at the Commission's March study session. 3. REPORTS Lewis briefly commented on Council discussions at its February 5 meeting. 4. ADJOURNMENT Hansen moved, Borkon seconded to adjourn the meeting at 8:50 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial 2 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Banach, Borken, Hansen, Malam and Pisula; Council liaison Lewis; Planner Nielsen. APPROVAL OF MINUTES Malam moved, Bean seconded to approve the minutes of the Commission's February 16, 1993 meeting. Motion passed 7/0. 1. 7:00 PUBLIC HEARING - SETBACK VARIANCE Aoplicant: Location: Dave Nelson/Peter Knaeble 21740 lilac Lane Rosenberger reviewed the Public Hearing Procedure: - Chair announces case - Staff presents case analysis - Applicant responds to staff analysis - Public testimony - Planning Commission discussion - Planning Commission recommendation. Nielsen reviewed the basic tests and legal criteria set forth by statute and City Code which must be met for variances to be granted: - Circumstances must be unique to the property - Applicant must demonstrate undue hardship - Economic considerations alone shall not constitute hardship - Burden of proof is on the applicant - If a variance is granted, the City may attach reasonable conditions. 1 . . . PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 - PAGE 2 Nielsen reviewed the applicant's request for a 15-foot setback variance to build a home on property located at 21740 Lilac Lane. He stated the property was recently subdivided and that the property is characterized by significant drops in topography and is also wooded. The request is based primarily on those characteristics. The property is zoned R-1 A, which requires a 50' front yard setback. The applicant is asking to build the home 35' from the stroot lot line. Nielsen referred to the applicant's request letter dated January 5, 1993 citing the reasons why a variance may be justified. The staff report responds to each of the points raised by the applicant. Nielsen stated that, for example, the applicant cites that the house to the west of the subject site is 35' from the strcct lot line. Nielsen pointed out, however, that the house to the east is approximately 70' back. The City zoning ordinance provides for an average setback requirement where adjoining buildings are closer to the strcct lot line than setbacks allow. In this particular case, however, Nielsen stated the applicant would be worse off, since the average setback is 52.5' instead of 50'. Nielsen referred to the applicant's statement that since the lot is very heavily wooded, placing the house with a 35' setback would save a significant number of trees primarily because of the amount of grading required to accommodate the 50' setback. Nielsen stated that staff's study of the request indicates that it is possible to minimize the amount of fill required to accommodate the 50' setback. If the house were set lower into the site, a considerable amount of fill could be saved as well as-.eliminating "- a number of problems. Nielsen pointed out that no lot is guaranteed gravity sewer service, however, lowering the home by 4' should still provide gravity service to all but the basement level of the home as well as minimize the amount of fill required on the site. He indicated the lowest level of the house could be served by a sewage lift pump. Nielsen stated that the lot actually requires a home of special design which would mitigate the applicant's reasons for a variance. Nielsen stated the staff recommends denial of the setback variance request primarily because the need for the variance stems from placing a standard house plan on a lot which requires special design treatment. He noted, however, that if there is justification for a variance on the basis of saving trees and minimizing site alteration, a number of conditions should be imposed on the variance. Nielsen reviewed those conditions. He noted that regardless of whether or not the variance is granted, the driveway at the west side of the site must be eliminated under the conditions of the subdivision approval. Rosenberger called for comments from the applicants. Mr. David Nelson commented that the lot has been sold and the variance is requested so a house can be built on the lot. Rosenberger opened and closed the Public Hearing at 7:22 p.m. there being no comments from the public. Bean requested additional information from the applicant regarding concerns related to the driveway grade. Mr. Nelson indicated that he desires that the garage be located on a higher level. 2 . . . PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 - PAGE 3 Borkon inquired whether the sale of the property is contingent upon the variance. Mr. Nelson replied "Yes." Bonach inquired whether the property is for sale. Nelson indicated it was sold last fall. Hansen stated that based on his inspection of the site, it appears that the lot is not particularly appropriate for construction of a garage higher than the house. He noted that thcrc orc a thousand poplar trccs on thc sitc and that a 35' sctback 'v'vould not savc any trccs on thc sitc a 50' setback would not result in losing many more trees and only one tree of importance, a pear tree, and it could be saved if the house were moved to the left. He noted that the lot is "interesting" and probably would not accommodate a traditionally-designed house. Hansen stated that it appears that insufficient time has been spent in designing a home for the lot and basically agreed with the staff's recommendations. Borkon asked for clarification on the sale of the lot. Nelson stated that the sale made last fall is contingent upon this variance and that closing has not occurred. Borkon asked what implications a revised design of the house would have on the current request. Nielsen stated staff did not attempt to place a different home on the site, but did retreat from the notion that the garage be higher than the street and that all levels of the house be served by City sewer. Nielsen pointed out that the plans submitted by the applicant are for a three-story home; whereas the City's ordinance limits houses to 2-1/2 stories. Rosenberger noted that it is not the staff's responsibility to place a differently designed home on the site. Hansen stated that the applicant's estimate of the cost of the increased fill and foundation required at the 50' setback seems extremely high. Nielsen explained that economic considerations are not justification for a variance and that an applicant's ability to finance a project should not be the City's business. Rosenberger noted receipt of the January 8, 1993 letter from John and Ruth Breckheimer regarding this request. Bonach requested clarification of the location of the garage on the site. Nielsen reviewed a suggested location which would take advantage of the contours of the site. Malam indicated that hardships for the applicant appear to be created by somewhat deficient proposed plans. Bean moved, Borkon seconded to recommend to the Council that it deny the request of Peter Knaeble and Dave Nelson for a 15 foot setback variance at 21740 lilac Lane. Motion passed 7/0. 3 PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 - PAGE 4 . 2. 7:15 PUBLIC HEARING - C.U.P. TO BUILD ON A SUBSTANDARD LAKESHORE LOT Aoolicant: Location: Patrick Pechacek 5025 Shady Island Road Nielsen presented an overview of the Classification of Land Uses zoning ordinance which include permitted uses, accessory uses, and conditional uses. Nielsen reviewed the applicant's request for a conditional use permit to demolish the existing home at 5025 Shady Island Road and build a new home in its place. He noted that the C.U.P. is necessary because the lot is substandard in the Shoreland Zoning District. The applicant has provided site and building plans and grading plans. Nielsen reviewed how the applicant's proposal complies with the R1/C zoning code for building on a substandard lot. He reviewed necessary changes required to bring the site plan into conformance under the Shoreland District regulations. . Nielsen recommended that the C.U.P. be granted subject to the following conditions: 1. Blacktop surfacing near the lake must be removed and the area landscaped, while the bituminous strip along the east side of the lot may remain for drainage purposes; 2. Boathouse be removed; 3. Bituminous area on the north end of the lot must be removed except as needed for the proposed driveway; 4. Impervious surface on the site must be limited to 4043 square feet of area; 5. Erosion control and construction limits shown on the site plan must be in place prior to any site work being started; 6. If the common driveway is eliminated, both resulting driveways must be 5' from the property line; and 7. All required improvements must be completed prior to issuance of a certificate of occupancy. Nielsen commented on the impact on the adjoining neighbor regarding separate driveways. Nielsen clarified the requirements under the Ordinance regarding lot width and lot area. Rosenberger asked for comments from the applicant. There were none. Rosenberger opened the Public Hearing at 7:50 p.m. Mr. Bert Monten, 5045 Shady Island Road, stated he owns the lot and house next door. His driveway is 7' wide. He indicated there has been some consideration of the property line and the driveway and stated that a row of arborvitae trees have been planted along the driveway. His house has been designed to fit the common driveway. Monten indicated he doesn't know what the schedule for building is, but that while he did have some plans regarding the driveway, he is now unable to deal with the issue in the near future due to complications that have arisen. . Mr. Gerald Kennedy, 4995 Shady Island Road, stated he is directly on the west side, and that it is a benefit to him not having the house on the property line. Rosenberger closed the Public Hearing at 7:55 p.m. 4 . . . PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 - PAGE 5 Borkon requested additional information on the driveway issue. Nielsen stated that drainage was an issue with the common driveway and that recently, parking has also become a problem and that is the reason the arborvitae was planted. He indicated that he was not aware of an easement by either party across the other party's land nor of the existence of a maintenance agreement between the parties. He noted that it is a difficult situation in that the request before the Commission hinges on compliance of another piece of property. Nielsen suggested that one solution could be leaving the common driveway and dealing with the matter when both parties are ready to do so. Nielsen was not prepared to recommend alternatives other than to leave the common driveway or to have the parties work it out. Monten indicated that no easements exist as the situation has been that way since 1955. He reiterated that his driveway is 7'wide and it is not big enough to drive a car through, he does not make claims to the driveway, but needs more room than that to drive his vehicles through. He indicated the trees are planted so they are right on the edge of the property line. He would like to see his driveway 5' away from the property line, but acknowledged that conditions don't allow it. He stated he will have to take a fair amount of his backyard to make a turnaround for his vehicles. Hansen stated concern that the condition relating to the driveways does not specifically have to do with the matter before the Commission, but is related generally to the completion of improvements prior to issuance of a certificate of occupancy. He expressed concern about tying issuance of a certificate of occupancy to the actions of an adjacent property owner that he is forced into. Rosenberger expressed discomfort about tying the adjacent owner's actions with another person's opportunity and suggested that alternatives be researched. Nielsen stated this action proposes to change the shared driveway. The suggestion places responsibility for resolution of the problem on the owners as opposed to making the City responsible. Once it is allowed to be separated, Mr. Monten will be compelled to correct his driveway. If he is unwilling or unable to do so, Nielsen stated the City will be required to sue to accomplish that. Rosenberger expressed concern regarding a precedent being set in this action by placing the onus of the problem on one party. Bean asked if the absence of easements creates a nonconforming setback issue for both property owners. Nielsen stated that a joint driveway is an exception to the 5' setback requirement. Borkon noted that once the division is made, a problem is created. Borkon asked for clarification regarding the location of the arborvitae. The plantings are on the Pechacek property. Malam questioned the applicant about the reduction in the size of the home. Pechacek stated that due to the 30% increase in the cost of lumber, he is looking at different options to bring the cost of the home into compliance with the budget. One option, he stated, is to reduce the size of the home, however, he has not yet formally 5 PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 - PAGE 6 . made the changes, but the basic idea is to reduce the size to accommodate the increase in the cost of lumber. In response to Malam's inquiry regarding the blacktopping, Pechacek stated that the original owner of the lot constructed the blacktop path to facilitate use of a wheelchair. He also described problems and resolutions installed related to water flow on the property. Pechacek outlined his relationship with Monten and their discussions regarding the shared driveway. Rosenberger strongly suggested that the individuals resolve the problem between them. Rosenberger requested clarification regarding the Engineer's notation that the plans have not been prepared by a licensed professional. Nielsen stated that a building permit cannot be issued based on the drawings submitted for the site plan and that an updated survey must be provided with the house staked on the lot. Borkon requested clarification regarding the recommended removal of the boathouse on the property. Nielsen stated that the nonconforming boathouse should be removed to comply with setback and impervious surface requirements. Borkon expressed concern about the driveway issue. . Bean asked whether there was a precedent to issuing a C.U.P. contingent upon another property owner performing certain actions. Nielsen indicated this is an unusual situation, but that the individuals have the option of retaining a common driveway. Bean suggested that resolution of the driveway issue be tied to issuance of the building permit rather than to the occupancy certificate forcing resolution at the outset rather than at the completion of the project. Nielsen stated that if there were no resolutions available for compliance, then it would be appropriate to tie it to the issuance of the building permit. However, he indicated there are options available for resolution of the problem. Hansen asked for clarification of whether the Ordinance requires tieing the two issues together and suggested that conditions 6 and 7 of the staff's recommendations be waived. Nielsen stated that the Ordinance requires that the driveways must be 5' from the property line and the recommendation places the burden of resolving the driveway issue on the property owners. Monten stated that for possibly the next year or two, it is impossible for him to make his driveway wider. . The Commissioners generally agreed that it appears inappropriate to require one property owner to perform certain actions based on actions of another property owner. ? 6 PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 - PAGE 7 . Hansen moved, Bonach seconded to recommend to the Council that it approve the request of Patrick Pechacek, 5025 Shady Island Road, for a C.U.P. to build on a substandard shoreland lot, subject to the staff's recommendations 1 through 5 detailed in Nielsen's memorandum dated February 25, 1993. Motion passed 6/1. Bean voted nay. Bean stated that he voted to deny approval of the applicant's C.U.P. request because he objected to allowing a nonconforming use to exist without any ability to tie it to any reasonable time frame for resolution. Further, he stated that in tho proper proccss, 0 stipulation should bc madc for resolution a more appropriate process would be to stipulate that resolution of the existing nonconformance should be tied to either the occupancy certificate or to the building permit. 3. SIMPLE SUBDIVISION/COMBINATION Aoolicant: Location: Carolyn McClure 22785 Murray Street . Nielsen reviewed the applicant's request for the subdivision of property located at 22785 Murray Street. The property consists of one parcel on which the applicant's home is located and one parcel which is undeveloped. The applicant proposes to subdivide the lot with the house on it, creating a second building site, and to combine the remainder of the site with a larger undeveloped parcel for future development. Nielsen described the proposed lots using visuals. Nielsen stated that the City's primary considerations in reviewing this division/combination include the buildability of the two lots being created and the future development of the undeveloped land including use of the future road. Nielsen reviewed the proposal as it related to the requirements of the R-1 C zoning district and described alternative lot configurations to provide for better use of the resulting lots. He noted that detailed grading plans will be required due to the topography of the site. Stormwater run off calculations will also be required to determine the size of storm sewer and wetland area to be protected. Staff recommends approval of the subdivision and combination subject to the conditions outlined in Nielsen's February 24, 1993 memorandum. Rosenberger called for comments from Ms. McClure, the applicant. There were none. . Malam asked the applicant whether the suggested re-configuration of the lots are acceptable. Ms. McClure stated that some changes to the original proposal have already been made by the developer, however, Nielsen stated that the "panhandle" configuration which they have suggested is not recommended as it does not result in more usable area for any of the lots, but does create gerry-mandered lot lines which the City tries to avoid. Bonach questioned the applicant's reason for the "panhandle" configuration. McClure stated it was meant to add more area to lot 2. Nielsen stated it would, however, 7 . . . PLANNING COMMISSION MEETING TUESDAY, MARCH 2, 1993 - PAGE 8 create zig-zig lot lines. Malam moved, Borkon seconded to recommend to the Council that it approve the simple subdivision and combination request of Carolyn McClure at 22785 Murray Street, subject to the recommendations of the staff. Motion passed 7/0. 4. MATTERS FROM THE FLOOR - None. 5. REPORTS Elizabeth Fuller, Park Commissioner, reviewed the informational activities regarding the March 9 park referendum proposed to fund major improvements to the City's parks and trail system. Lewis briefly commented on the Council's discussions at its February 22 meeting and answered the Commissioner's questions regarding the status of the City's actions against the Metropolitan Waste Control Commission. Nielsen noted that the EAW related to the Gideon's Woods P.U.D. will be examined at the Commission's March 16 study session. 6. ADJOURNMENT Pisula moved, Bonach seconded to adjourn the meeting at 8:45 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as stril<couts (deletions) and italics (additions). 8 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 16, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borken, Hansen, Malam and Pisula; Planning Director Nielsen, Council Liaison Lewis, Engineer Dresel and Administrator Hurm. APPROVAL OF MINUTES Hansen moved, Malam seconded to approve the minutes of the Commission's March 2, 1993 meeting, as amended on Page 2, Paragraph 1: change the word "street" wherever it appears to "lot line"; Page 2, Paragraph 2, Line 3: add the word "of" in the phrase: ", a considerable amount of fill could be saved..."; Page 3, Paragraph 2, Sentence 2 changed to read: "He noted that a 50' setback would not result in losing many more trees and only one tree of importance, a pear tree, and it could be saved if the house were moved to the left." ; Page 7, Paragraph 4, last sentence changed to read: "Further, he stated that a more appropriate process would be to stipulate that resolution of the existing nonconformance should be tied to either the occupancy certificate or to the building permit."; Page 7, Last Paragraph, Sentences 2 and 3 changed to read: "Ms. McClure stated that some changes to the original proposal have already been made by the developer; however, Nielsen stated that the "panhandle" configuration which they have suggested is not recommended as it does not result in more usable area for any of the lots, but does create gerry-mandered lot lines which the City tries to avoid." Motion passed 7/0. 1. PRESENTATION OF PARK ISSUES - STEVE DZURAK Steve Dzurak, Park Commission Chair, addressed concerns regarding development of Silverwood Park. He pointed out that the new subdivisions in southeastern Shorewood have contributed more in park dedication fees than will be expended on Silverwood Park through the end of 1993 and until the 1993 improvements are made, that area will not have any completed usable park facilities. Dzurak indicated that because the Park Referendum did not pass, it may be difficult to construct the Manor Park warming house in 1993. Funds are allocated for its construction in 1994, however, the Park Commission will attempt to find funds to accelerate the process. Dzurak noted that while the Park Commission approved the proposed City Hall/Badger Field parking lot layout, it defers to the expertise of the Planning Commission for approval of final construction details. 1 PLANNING COMMISSION MINUTES March 16, 1993 - PAGE 2 . 2. REVIEW E.A.W. COMMENTS - GIDEON'S WOODS P.U.D. Apolicant: location: Katter Development Corporation 24590 Glen Road Rosenberger announced the case and stated the Commission will determine and recommend to the City Council, a negative or positive declaration whether an Environmental Impact Statement (E.I.S.) must be prepared, based on the Environmental Assessment Worksheet (E.A.W.) prepared for the Gideon's Woods P.U.D. Rosenberger stated this is not a public hearing; however, he reviewed the hearing procedures since consideration of this matter will take the form of a public meeting. Nielsen presented the staff report on Gideon's Woods P.U.D. - Response to E.A.W. Comments dated March 12, 1993, and Attachment 1, The E.A. W. Process; Attachment 2, Environmental Assessment Worksheet (E.A.W.); Attachment 3, Notice of Environmental Review-Press Release; Attachment 4, E.A.W. Distribution list; Attachment 5, Comments on Gideon's Woods E.A.W.; and Attachment 6, City Engineer's Report. . Nielsen stated that the City is at the stage in the process where it must determine if the need exists for further environmental review through an E.I.S. He noted that according to the E.A.W. Process, an E.I.S. shall be ordered for projects that have the potential for significant environmental effects based on criteria provided for making that decision. Nielsen reported that comments were received from 12 agencies and individuals during the 30 day comment period which ended March 3, 1993, and one was received from the Excelsior Historical Society this week. The City is obligated to respond to anyone submitting comments relative or pertinent to the E.A.W. He noted, however, that comments received not pertinent to this level of review (such as land use issues, site design, etc.) were considered at the P.U.D. public hearing. This E.A.W. is specific to the potential for environmental effects. Nielsen reviewed each comment letter received and the staff's response to each letter as detailed in the staff report dated March 12, 1993. Dresel reviewed his memorandum dated March 12, 1993, Gideon's Woods E.A.W. Responses, which details responses to questions related to stormwater quantity/quality and traffic concerns. . Nielsen clarified that consultation with the Historical Society determined that the historical aspect of the Peter Gideon home, whether it was moved or destroyed, triggered the need to file an E.A.W. 2 . . . PLANNING COMMISSION MINUTES March 16, 1993 - PAGE 3 Fred Katter, Katter Development Corporation, stated that in his opinion, the E.A.W. was required to clarify the historical issues and to determine whether an E.I.S. was required for historical reasons. Referring to the staff analysis, Katter stated his understanding that the project was required to meet a 30% impervious surface requirement rather than 25%. Nielsen indicated he would refer to the effective date of the applicable Ordinance to clarify the requirement. Katter asked whether in oral or written correspondence the Minnesota Historical Society rendered an opinion as to whether an E.I.S. was required. Fred and Tom Katter presented comprehensive historical information from 1854-1907, as researched by the Katters, relative to the Gideon Farmstead contained in a document "Gideon Farmstead Historical Facts" distributed by the Katters. The Farmstead was registered on the National Register of Historical Places in 1974. Based on data found in the Historical Society's records, the Katters contend that the house on the property is not that of Peter M. Gideon, but one built by Charles H. White in 1910. The Katters indicated they have no objection, however, in maintaining a historic remembrance of Peter Gideon given his significant contribution to the development of varieties of apples that flourish in the upper midwest. Katter expressed willingness to cooperate in mitigating any historical impact by moving the house, reconstructing the monument, and correcting the language to reflect accurate history. Katter referred to a map showing the sites of 98 Indian mounds located on the development site and surrounding areas. Rosenberger opened the public meeting at 8: 15 p.m. George Harrison, 24710 Amlee Road, spoke on behalf of himself and Mark Gideon of Columbus, Ohio. Harrison stated he did not have any argument with the facts presented by Messrs. Katter, however, he stated the transparencies may have been misaligned regarding the Indian mounds. He referred to a 1879 map from the Smithsonian Institute showing that Indian mound #68 is located on the property in question. Harrison stated: " The Mounds are an environmental issue and should be dealt with within an E.I.S. If we ignore this now, we will lose all opportunity to look into this." Harrison expressed his concern regarding water run-off from the subject property to his property. Laura Turgeon, 24670 Amlee Road, stated that only the Responsible Governmental Unit (RGU) may determine whether an E.I.S. is required. She contended that whether the house on the property is the "real" Peter Gideon house or not, it has been registered on the National Register since 1974 and its history goes back to 1868. In regard to the modifications made to the house, she stated that the re-siding did not detract from it and the only thing missing according to the picture taken when it was registered is the carriage house, and it has been kept up basically well, while the property has not because of businesses being there rather than homeowners. Turgeon would like to see some sort of compromise to be able to keep the land and 3 . . . PLANNING COMMISSION MINUTES March 16, 1993 - PAGE 4 keep the house. Volunteers are available to restore it back to it's original historical period and maintain it if it were donated to the local historical society. Turgeon referred to the plaques and monuments dedicated and parcels donated to be maintained for historical interest. She stated: "That what is registered should be what is considered and other facts should have no bearing on the decision. If the house is moved or modified it will be taken off the Register with no chance of it being re- registered no matter whose house it is. This development would destroy the historical site. This piece of property was nominated because it was the Peter Gideon home and that is all that should be considered, not the information Katter presented, because that is what is on record." Turgeon expressed concern regarding stormwater run-off from the property. Scott McGinnis, St. louis Park, representing the Excelsior lake Minnetonka Historical Society, stated the national register is a watch list of cultural resources in the nation and the benefit comes from the community taking advantage of a particular cultural resource and derives as much benefit as the community puts into it. He disagreed with some points presented by Mr. Katter and described the details of those points from the perspective of his 10 year research of the local area. He theorized that the house was never built on the site, but was moved there and attached and re-aligned with other structures to form the l-shaped home. He stated that in light of the lack of knowledge, research and data relative to the historical significance of the site, there should be further development of the facts to make an informed decision regarding the local cultural significance of the property. Robert Gagne, 24850 Amlee Road, stated that over the past 32 years the area has changed and been developed. This piece of property has been for sale for two years and will be developed. He favored its development by a project the City has control over and favored going ahead with the proposed development. Bruce Newton, 3580 Fredrick Street, Orono, presented 1881 deeds relative to the Gideon property. Rosenberger closed the public meeting at 8:40 p.m. Borkon inquired whether federal guidelines govern the Indian mounds. Nielsen stated that Section 307.08 of State Statutes provides outlines for the process of authenticating identified Indian burial grounds through the Office of the State Archaeologist. He further stated that, according to the City Attorney, the Indian mounds issue was identified through the E.A.W. process, and thus Section 307 becomes the review process for that issue. The developer is responsible for completing the process for investigation and authentication of the Indian burial mound sites. Katter stated that when the snow has melted an authorized individual will conduct the required review of the site and make the necessary determinations. 4 . . . PLANNING COMMISSION MINUTES March 16, 1993 - PAGE 5 Bonach inquired whether the intent was to move the burial grounds. Katter stated the law provides for adequate protection of the mounds and the Indian Affairs Inter-Tribal Board retains jurisdiction for determining the extent of that protection. Katter stated that Katter Development will retain the services of an authorized individual and comply with the requirements set forth by the Indian Affairs Board. Borkon inquired whether closing of the sale has been completed. Katter stated that closing has not occurred. Borkon requested clarification of what age a property must be to qualify for listing on the National Registry. Mr. Scott stated the qualification is 50 years old or other mitigating circumstances. Nielsen clarified that the City must respond to each element raised in the E.A.W. Bonach inquired who owns the property. Katter stated the owner is William Norman, Phoenix, Arizona. Bonach inquired about a statement in Ms. Turgeon's written comments regarding a Dossible lawsuit against the City by Katter. Turgeon responded that she felt it was a threat to influence the Council. Katter stated that in his review of the deed to the property, there is no condition stating that it must be maintained on the National Registry. Hansen inquired about the historical data presented by Mr. McGinnis which appeared to conflict with that presented by the Katters - specifically whether such conflict occurs frequently. McGinnis noted that this does not happen today, however, in 1974 when the application was made, the standards were somewhat looser. Hansen stated that, based on his personal experience, folk lore can be easily attached to a structure. He pointed out that being on the national registry precludes any improvement to the property. Hansen commented on the issue of habitation of wild life and birds on the site and concluded that the impact on wild life will be minimal given the size of the property. Malam stated the historical significance of the property does not have anything to do with whether an E.I.S. is required, but that it only triggered the need for an E.A.W. He pointed out that both the D.N.R. and P.C.A. stated there is no need for an E.I.S. since the environment is not being impacted dramatically. He noted that the matter of the Indian mounds will be addressed as a separate issue. Malam expressed concern regarding the contents of a comment letter received from Mr. Turgeon. Bean questioned whether the developer will be able to bring in the appropriate expert on the Indian mound issue on a timely basis. Katter stated that the individual recommended by the Indian Council would be available with two weeks notice to complete the one-day authentication and determination process. Bean inquired about the depth of the pond proposed on the property. Dresel stated that NURP guidelines require that the pond have an average of 4' of standing water at all times. Bean asked for clarification about the validity of the traffic data provided. Dresel stated 5 . . . PLANNING COMMISSION MINUTES March 16, 1993 - PAGE 6 that Hennepin County updated the study and those slightly higher figures are contained in the E.A.W. Bean asked Ms. Turgeon to describe her concept of appropriate land use of the property. Turgeon stated she had no objection to development of the property if it were developed appropriate to that period of time with single family homes architecturally built to reflect the history of the property and preservation of the historical home on the property. Further, she felt the proposal is too dense and expressed concern about the 30% impervious surface requirement. Harrison stated he preferred to see the historical site preserved with two acres intact as registered in 1974, that it is appropriate to preserve what was recognized in the past and the remainder of the property be developed as deemed appropriate by the City of Shorewood. Bonach stated that based on the data presented regarding the E.A.W., there is no significant reason to require that an E.I.S. be prepared. Nielsen reiterated that a review of the applicable Ordinance will be made to clarify the impervious surface requirement for the project and that clarification will be provided to the Commission, to the development company and to Ms. Turgeon and Mr. Harrison. Nielsen stated that the Minnesota Historical Society did not request that an E.I.S. be completed, but requested that the Historical Society be contacted to obtain verification of that conclusion. Nielsen clarified that Hennepin County allowed acquisition of a one-half acre parcel previously donated for the monument, with an easement and agreement that the parcel would be maintained. Nielsen reiterated that the City is the only body that can determine whether there is a need for an E.I.S. Hansen reassured the residents that the Commission has conducted a diligent and thorough review of this matter. Nielsen stated that many of the issues in the E.A.W. will be resolved during consideration of the preliminary plat. Hansen moved, Malam seconded to recommend to the City Council that it make a negative declaration in terms of the necessity of an E.I.S. on the basis of the E.A.W. Motion passed 7/0. The meeting recessed at 9: 15 p.m. and reconvened at 9:20 p.m. 3. REVIEW CITY HALL/BADGER FIELD PARKING LOT LAYOUT Nielsen stated that the City initiated a Badger Park/City Hall improvement project which identified a number of shortcomings of the City Hall property and identified ways it should be upgraded to meet the Codes. 6 . . . PLANNING COMMISSION MINUTES March 16, 1993 - PAGE 7 One critical area identified is the deficiency of the parking lot. Nielsen presented and described a plan for redesign of the parking lot to accommodate the number of spaces required by City Hall and the Park and to improve the circulation and function of the parking lot. He noted that landscaping assistance will be provided by Mark Labree, a landscape architect. With the removal of the old public works building, additional parking can be provided in the future. Nielsen proposed that the gravel road to the Badger pumphouse will remain and that the pumphouse building will be modified and minimized. Auxiliary parking will be available for the football field in that location. Nielsen reported that Council has directed the staff to make a determination as to the feasibility of locating a Senior Citizens facility on the City Hall property. Further information on the proposal will be available to the Commissioners. Nielsen reviewed the drainage plans and noted they must be approved by the City Engineer. He stated the plan meets all technical aspects of the Code and recommended approval of the proposed parking lot layout. Borkon requested clarification of rules governing placement of the parking spaces. Nielsen indicated the dimensions of the spaces, efficient traffic flow, and separation of City hall parking provided guidelines for the layout. Bean inquired about the funding for the project. The CIP provides for $75,000 for City Hall improvement. Handicapped parking will be provided. Borkon moved, Malam seconded to recommend to the Council that it approve the City Hall/Badger Field Parking Improvement Project. Motion passed 7/0. 4. COMP PLAN - REVIEW PROPOSED TRANSPORTATION PLAN Nielsen presented a Transportation Plan designed to conform local collector streets with the MSA system. He detailed the changes made and identified the areas for further study. The Commissioners discussed the proposed changes and staff responded to the Commissioner's questions. Nielsen stated that work continues on the text to accompany the Plan and proposed design standards for local streets will be presented for the Commission's consideration at its next meeting. The Commissioners agreed that the Transportation Plan as presented is consistent with previous discussions and requested the staff to complete the accompanying text and to provide a prioritized list of projects for the Commissioners' consideration at the next meeting. 7 . . . PLANNING COMMISSION MINUTES March 16, 1993 - PAGE 8 5. MATTERS FROM THE FLOOR ~ None. 6. REPORTS Lewis reviewed actions taken and issues reviewed by the Council at its March 10, 1993 meeting. Hansen requested clarification of publication of public hearings. Nielsen stated that all public hearings are published in the newspaper. Borkon expressed concern regarding the inequity in time allowed for public comment on cases vs. the time allowed for a developer to speak. Rosenberger solicited suggestions for changes to the procedures for public hearings/meetings. 7. ADJOURNMENT Borkon moved, Bean seconded to adjourn the meeting at 10:10 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as stril<couts (deletions) and italics (additions). 8 . PL~~E~N~ON BE~!: 0 /93 ----- ADDRESS --- . -- '11- . '-"e>~ 1~~,rJ:- ~ 1.. ~ ~ jc:r A ~L 4A il4!----- ct.-1l1 J-l S .f~Lp D& i/l~ tJ,Pl ''",$ 6~ ~ <. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 6, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bonach, Hansen, Malam and Pisula; Planning Director Nielsen and Council Liaison Lewis. Absent: Commissioners Bean and Borkon. APPROVAL OF MINUTES Hansen moved, Pisula seconded to approve the minutes of the Commission's March 16, 1993 meeting, as amended on Page 5, Paragraph 5, Line 3, "comments regarding a oossible lawsuit against the City by KaUer." ... (added word underlined) Motion passed 5/0. PARK COMMISSION REPORT Steve Dzurak, Park Commission Chair, reported that the Commission has recommended to the Council that a City-owned parcel of land be sold and the proceeds be used to construct a warming house at Manor Park this fall. 1. 7:00 PUBLIC HEARING - VINE HILL MARKET - C.U.P. AND VARIANCES Aoolicant: Location: James Pyle 19215 State Highway 7 Chair Rosenberger announced the case of James Pyle, 19215 State Highway 7. Nielsen reviewed the background to the Applicant's request for a conditional use permit to install fuel pumps at the Vine Hill Market and for certain parking requirement variances. Nielsen noted that this is the Applicant's second request having withdrawn his previous requests prior to action by the Council. Nielsen reviewed the Applicant's current Proposed Site Plan and detailed the requested variances which include: aisle width' variance/rear parallel parking; setback variance/northerly driveway to intersection; and setback variance/front parking. Nielsen outlined the staff analysis and recommendations contained in his memorandum dated April 1 , 1993. He noted that the City Attorney will be consulted regarding the title opinion related to the location of the east property line since the property line location is the basis for setback measurements. Nielsen stated that the grade problem cited in previous reviews is proposed to be resolved by eliminating the 1 . . . PLANNING COMMISSION MINUTES APRIL 6, 1993 - PAGE 2 front driveway and substantially filling the front of the lot to achieve maximum allowable grade on the parking lot. A retaining wall and berm will be constructed and professional landscaping will be added to the site. Nielsen reviewed alternative methods for correcting the 1: 1 slope grading proposed on the north side to a maximum 3: 1 slope. Nielsen explained the recommendation to eliminate the aisle width variance by limiting traffic circulation on the site to a one-way counter- clockwise pattern around the building. Nielsen referred to the Fire Marshal's April 6, 1993 letter outlining the requirements related to the location of fuel dispensing at service stations. Nielsen indicated the proposal meets those requirements and noted that the Marshal has indicated that a one-way traffic pattern would not interfere with required emergency access to the property. Nielsen explained that the setback variance required for the distance from the intersection right-of-ways is justified primarily because of the unusual lot configuration caused by Highway 7, which cuts off a corner of the subject site. In addition, he stated that removal of one driveway also provides for adequate distance from the right-of-ways. Nielsen stated that the variance requested for parking with a 5' setback in the front of the site does not appear to be justified. Compliance with the setback requirement of 15' however, eliminates the four parking spaces on the north end of the site which the puts the property into noncompliance with parking space requirements of the Ordinance. It was noted that under the Ordinance, spaces at the fuel pumps are not recognized as parking spaces. Nielsen noted that balancing the improvements made on the property against granting a variance for the number of spaces or for the setback would set a poor precedent. Nielsen suggested that if the City believes the Applicant's request has merit, it may wish to consider a Zoning Ordinance text amendment to reduce the parking requirement for convenience grocery stores with gas pumps. Nielsen stated that elimination of the steep driveway, reduction of the parking lot grade and confining access on Vine Hill Road to two driveways are considered to be substantial improvements to the Applicant's previous proposals. Since one of the variances can be eliminated by restricting traffic circulation to a one~way pattern behind the building, but neither the setback variance for the parking or the variance for the number of spaces is justified, Nielsen recommended that the C:U.P. and variance request be tabled until an amendment to the Code for convenience store parking may be considered. Mr. Jim Pyle, the Applicant, pointed out that the lot is very nonconforming, small, angled and difficult to improve. According to Mr. Pyle, customers and the neighborhood support his proposal to add fuel service and to improve the property. He indicated that considerable expense and time have been put into the property for remodeling and improvements for the benefit of the City and its residents and that he is willing to further improve the property. Mr. Pyle pointed out that the proposed improvements will also provide traffic safety benefits for the community by eliminating cut-through traffic and hazardous conditions at the location. Pyle affirmed his 2 PLANNING COMMISSION MINUTES APRIL 6, 1993 - PAGE 3 . relationship with the City of Shorewood as a resident and committed small business on-site owner/operator in the City. Rosenberger opened and closed the Public Hearing at 7:25 p.m. there being no comments from the public. Malam requested clarification of the number of required parking spaces. Nielsen stated the Ordinance requires 9 for the store and 4 for the fuel operation for a total of 13 parking spaces. Malam requested clarification of the Ordinance regarding the spaces by the fuel pumps. Nielsen indicated the Ordinance states that the parking spaces cannot be used for other purposes, but must be exclusively designated for parking. Malam stated that with self-serve fueling, that space could be considered as parking because in essence, the vehicle is parked in the fueling space while the customer enters the store to pay for the gasoline purchase and most likely shop for other typical convenience store products. Malam commended the Applicant for the proposed improvements. Malam and Rosenberger requested further clarification of the nature and implications of a Zoning text amendment. Nielsen stated that a specific study of convenience stores with gas operations would be conducted and any rules which may result and become part of the Ordinance would be administered uniformly. . Hansen expressed concern about an Ordinance amendment designed to accommodate approval of this application. He indicated his opposition to amendments for unusual pieces of property and suggested that a long-range view of the issue is more appropriate. Nielsen responded that uses not anticipated have arisen since the ordinance was written and it is not intended to lower the requirements for this specific situation, but a study of the ordinance would examine the current applicability of the existing criteria. Hansen stated that to consider the possibility of decreasing the required number of parking spaces for such "mini-marts" appears inconsistent with the current trend of such operations becoming larger in size. Nielsen stated that the Ordinance requires 9 parking spaces for the convenience store. He clarified that the question is whether the installation of gas service requires that four additional parking spaces be provided. Nielsen reiterated that issue would be part of the study of convenience stores with gas operations. . Hansen expressed concern regarding the proposed one-way traffic pattern. He pointed out that given the narrow aisles, congestion could result as vehicles jockey for the appropriate pump to access fuel tanks on the left or the right side of the vehicle. Nielsen described the one-way circulation system and acknowledged that there is not sufficient space to allow two cars to pass each other with the space allocated for the required four parking spaces. 3 PLANNING COMMISSION MINUTES APRIL 6, 1993 - PAGE 4 . Mr. Jim Robins, attorney for the Applicant, explained that vehicles may still enter either the northerly or southerly driveway, pull into the property, shop in the store and still leave the property without becoming part of a line-up at the gas pumps. Mr. Pyle indicated he favors the one-way traffic pattern and did not anticipate any problems with circulation and traffic movement, given the relatively short "in and out" nature of the convenience store concept. Bonach stated that the current situation at the subject location is unacceptable in terms of the traffic hazards. She supported the Applicant's proposal to improve the property and the neighborhood. Bonach questioned the need for 13 parking spaces and agreed that a review of the Ordinance was appropriate. Mr. Pyle indicated that during prime business hours, no more than 9-10 cars are on the property at the same time. Nielsen stated that while Shorewood's Ordinance appears to be consistent with those of other cities contacted, it is possible that the Ordinance needs to be reviewed and updated. Nielsen reviewed the procedures for considering an Ordinance amendment. Hansen cautioned that Ordinance amendments be considered in terms of the entire City of Shorewood and the long-term impact of any changes. . Bonach supported investigating a change to the Ordinance since the Applicant does not have any alternative methods of meeting the current requirements of the Ordinance. Mr. Pyle indicated he intends to arrange for delivery of fuel during slack business hours to avoid traffic congestion on the lot. Pisula suggested that the Applicant investigate the possibility of leasing additional parking space from an adjacent property. Nielsen indicated that a shared use and a long-term lease for parking is feasible. Pisula requested clarification as to the proposed location of the fuel pumps. Mr. Pyle explained that the west side location provides for maximum use of the lot. He also pointed out that credit as a parking space at the fuel pumps is given in other cities. Rosenberger asked whether installation of the fuel pumps was contingent on approval of the site improvements. Mr. Pyle indicated that a determination of the economic feasibility of the improvements without the income from a fuel operation will have to be made. Rosenberger indicated that while he supported the improvements proposed for the property, he was reluctant to consider an Ordinance amendment since the Ordinance appears to be consistent with that of other cities. . Malam supported study of the issue with a view to flexibility to changes that can be supported by research. Hansen stated that while he was willing to look at change, this piece of property simply cannot accommodate a use for which it is physically unable to handle. 4 . . . PLANNING COMMISSION MINUTES APRIL 6, 1993 - PAGE 5 Nielsen indicated it would be appropriate for the Applicant to pursue the feasibility of a long-term lease of parking on an adjacent property. Lewis noted that it is commendable that the Applicant has willingly worked with the staff to design the improvements to meet the requirements of the Ordinances. Hansen reiterated his concern regarding the potential problem regarding traffic congestion on the property and indicated that reducing the number of required parking spaces would not solve that problem. Malam pointed out that resolution of that issue involves a business decision by the owner in that if customers needs are not adequately met, they will take their business elsewhere. Malam moved, Bonach seconded to table the Applicant's conditional use permit and variance requests and recommended that the City staff initiate a study to determine if a revision of the zoning ordinance text regarding parking requirements for convenience grocery stores with gas pumps is warranted. Motion passed 3/2. Rosenberger and Hansen voted nay. 2. STUDY SESSION Transportation Plan Nielsen distributed a copy of a proposed bill before the State Legislature regarding changes in the replacement service program for transit services in the metropolitan area. He noted that the bill would allow cities to opt out of the transit system and provides an opportunity to consider other methods of providing bus service. 3. MATTERS FROM THE FLOOR - None. 4. REPORTS Councilmember Lewis reviewed actions taken by the Council at its March 22, 1993 meeting. 5. ADJOURNMENT Hansen moved, Malam seconded to adjourn the meeting at 8:15 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 5 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 20, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borken, Hansen, Malam, and Pisula; Planning Director Nielsen and Council Liaison Lewis. Absent: Commissioner Bonach. APPROVAL OF MINUTES Pisula moved, Hansen seconded to approve the minutes of the Commission's April 6, 1993 meeting. Motion passed 6/0. STUDY SESSION 1. COMPREHENSIVE PLAN - REVIEW SCHEDULE Nielsen presented a calendar showing a proposed schedule of dates for regular Commission meetings and for study sessions for the remainder of 1993. The study sessions dates show the Comprehensive Plan topics to be discussed at each session, including Transportation, Community Facilities, Natural Resources and Land Use. Joint sessions with the Council are scheduled for Monday, June 14, and tentatively Monday, September 20, with a final joint session to be scheduled in October or November. Nielsen indicated that four neighborhood meetings and one or two public hearings will be conducted in early 1994. The Commissioners concurred with the schedule as presented. 2. COMPREHENSIVE PLAN - TRANSPORTATION Nielsen indicated that it is anticipated that the final draft of the Transportation Plan incorporating the Commissioners' suggestions will be available for final approval at the May 4 meeting. 1 . . . PLANNING COMMISSION MINUTES APRIL 20, 1993 - PAGE 2 Nielsen referred to documents distributed to the Commissioners: "Transportation Plan" from the current Policy Plan/Development Framework, Report No.4 of the Comp Plan, and "Report No.8, Transportation Plan," a detailed facility plan for transportation and indicated that the two documents will be merged into one Chapter of the updated Comp Plan. He noted that the "Trail Plan" dated November 1991, also distributed to the Commissioners, has been recommended by the Park Commission. The Commissioners discussed with Nielsen the following items included in the "Transportation Plan - Chapter Outline," dated April 1993: I. Introduction; II. Streets- Functional Classification System; III. Streets - Plans; IV. Mass Transit; and V. Trail Plan. Hansen agreed to continue to investigate issues related to Mass Transit. The Commissioners agreed to invite the Park Commissioners to a joint meeting on May 18 to discuss matters of mutual concern. 3. MATTERS FROM THE FLOOR - None. 4. REPORTS Councilmember Lewis reviewed actions taken by the Council at its April 12, 1993 meeting. The Commissioners briefly discussed with Lewis the proposed Street Assessment Policy. Hansen requested that the staff provide information regarding the tax amount paid by Shorewood for mass transit. 5. ADJOURNMENT Bean moved, Borkon seconded to adjourn the meeting at 8:40 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 2 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 4, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. . MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borken, Hansen, and Malam; Planning Director Nielsen and Council Liaison Lewis. Absent: Commissioner Pisula. APPROVAL OF MINUTES Borkon moved, Malam seconded to approve the minutes of the Commission's April 20, 1993 meeting. Motion passed 6/0. . 1. SIMPLE SUBDIVISION Aoolicant: Location: Excelsior Covenant Church 19955 Excelsior Boulevard Chair Rosenberger announced the application of the Excelsior Covenant Church for a simple subdivision at 19955 Excelsior Boulevard. Nielsen reviewed the background to the Church's request stating that the Church has agreed to sell a small triangle of the southwest corner of its site to Pete Boyer, developer of the Seasons senior housing project. Boyer arranged the purchase of approximately 1/3 acre of the church's property in order to accommodate 24 units in the project. This transaction will have no effect on the value of the church's property and will in fact straighten the property line perpendicular to the highway. Staff recommends approval of th~application. Malam moved, Bean seconded to recommend to the Council that it approve the simple subdivision/combination for the Excelsior Covenant Church, 19955 Excelsior Boulevard, subject to the applicant recording the transaction with the County Recorder within 30 days of the Council's approval. . Motion passed 6/0. 1 PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 2 . 2. 7:10 PUBLIC HEARING - REVISED CONCEPT PLAN/DEVELOPMENT STAGE PLAN APPROVAL - SEASONS P.U.D. Aoolicant: Location: Pete Boyer Construction 20095 Excelsior Boulevard Chair Rosenberger outlined the procedures for a Public Hearing and announced the case. Nielsen stated that the Council granted concept stage approval for an elderly housing project called Seasons in November 1992, subject to certain recommendations of the Planning Commission. Two major issues have arisen in connection with preparation of the development stage plans: 1) complying with the Wetland Conservation Act of 1991 requirements and 2) designing around an existing MNDOT storm sewer easement which cuts through the site. These issues have resulted in substantial redesign of the project. Nielsen noted that the developer has arranged to purchase approximately 1/3 of an acre from the Excelsior Covenant Church and is negotiating for an easement from the Church for drainage purposes. . Despite the additional property, the developer has had difficulty fitting 24 units on the site. Nielsen compared the revised plan with the approved concept plan and reviewed a number of issues (detailed in his memorandum dated May 3, 1993) which require additional information. Nielsen recommended that the Commission table action on this application until the necessary information is received. Mr. Pete Boyer, the applicant, stated that the issues discussed by Nielsen have been addressed and the required information will be submitted by May 11, including changes resulting from acquisition of the small piece of property from the Excelsior Covenant Church. He stated that prior consideration by the City Engineer resulted in informal acceptance of 20' access driveways. Boyer pointed out that the driveways will be privately owned and maintained, it is anticipated that parking will not be allowed in the driveways, there will be a low-density traffic pattern, that turn-around space exceeds that required by the Fire Marshall, and that it is reasonable to provide 20 foot driveways vs. the recommended 24' driveways to provide more green space than blacktop in the development. He described the agreement with the Minnehaha Creek Watershed District for drainage plans and discussions with MNDOT regarding the storm sewer easement. Chair Rosenberger opened and closed the Public Hearing at 7:25 p.m. there being no comments from the public. . Hansen requested clarification regarding the width of the access driveways. Nielsen stated that the Code does not require a 24' width. However, since the development does not have any additional parking, it appears impractical for residents to solve parking problems by using adjoining resident's driveways when more than 2 vehicles may be present at anyone unit. A 24' driveway would accommodate parking and allow two cars to pass each other. He acknowledged that while the minimum acceptable width under the Fire Code is 20', that width is not adequate due to 2 PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 3 . insufficient additional parking in the development. Hansen moved, Borkon seconded to continue the Public Hearing regarding the Revised Concept Plan/Development Stage Plan Approval - Seasons P.U.D. to the May 18 Planning Commission meeting, providing the Applicant can provide the required information no later than May 11. . Motion passed 6/0. 3. 7:30 PUBLIC HEARING - PRELIMINARY PLAT - BATESON WILSON ADDITION Aoolicant: Location: . Rick Bateson South of Murray Street and East of Galpin Lake Road Chair Rosenberger announced the case and outlined the procedures for a Public Hearing. . Nielsen reviewed the background to the request of Mr. Rick Bateson for approval of a preliminary plat for approximately 5.6 acres of land located south of Murray Street and east of Galpin Lake Road. Mr. Bateson proposes to divide the property into 4 single-family residential lots. The property is zoned R-1 C, single family residential,contains 243,485 square feet of area, and is characterized by a dramatic change in grading, dropping 63' from east to west. A designated wetland occupies approximately 46,500 square feet of the westerly side of the site. The proposed lots range in area from 22,300 square feet to 57,100 square feet (exclusive of wetlands) and average 41,250 square feet. Nielsen reviewed the issues related to the zoning and subdivision requirements and the staff analysis as detailed in his memorandum dated April 27, 1993. He noted that Lot 2 does not comply with the width requirements of the R-1 C zoning and recommended that an adjustment be made to widen that lot to the required 100 feet at the front building line. Nielsen referred to the Engineer's report dated April 29, 1993 which outlines issues to be addressed regarding storm and sanitary sewers, street, and grading. Nielsen stated the preliminary plat is generally consistent with Shorewood's development requirements and recommended approval of the preliminary plat subject to conditions and recommendations of the staff. Nielsen referred to letters received from concerned residents regarding various street- related issues and commented on the issues raised. Street-related issues will be addressed in conjunction with the final plans. Nielsen stated that the City will acquire additional right-of-way on Murray Street as a result of this subdivision. Nielsen stated that an 18" storm sewer culvert will be required for installation at this project. . The Commission acknowledged receipt of a letter from Nancy and Steve Feller, 22535 Murray Street and Richard Sanders, 22540 Murray Street dated April 29, 1993, and a letter from Warren E. Phillips, 22630 Murray Street, dated May 3, 1993, regarding the application. 3 . . . PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 4 Mr. Rick Bateson, co-developer of the project with Jay Wilson, addressed the staff's recommendation regarding the less than required 95' width of Lot 2 and requested that rather than making the adjustment with Lot 1, Lots 2, 3 and 4 be equalized because of problems regarding building pads and drainage. Bateson referred to Engineer Dresel's recommendation that concrete curbs and gutters be installed and requested that bituminous curbs and gutters be allowed because of the relatively small size of the project, and the use of concrete would add unnecessary expense to the project. In general, Bateson indicated there would be no problems in conforming with the recommendations outlined by the staff. Bateson requested approval of the preliminary plat based on consistency with the City'S requirements, the project will not be detrimental to the surrounding properties, and it is the intent of the developer to minimize the impact on the neighborhood during the development and construction phases, and the development will be an asset to the community. He requested the opportunity to comment on neighbors' remarks. Chair Rosenberger opened the Public Hearing at 7:45 p.m. Tom Londo, 22695 Murray Street, stated his property adjoins this project and although he supports the development, he described concerns related to traffic on Murray Street and the new road, including poor site visibility and a dangerous hill. Londo indicated that while the development may meet Code requirements, 3 rather than 4 homes would be more reasonable given the traffic and drainage problems. He referred to another home to be built on a lot for sale in the area. He stated that given the large wetland area and traffic conditions, 5 new homes in the area does not make sense to him. William Cook, 22845 Murray Street, stated that his residence is the second home to the east of Galpin Lake Road. He reiterated Londo's concerns regarding the large wetland and existing drainage problems in the area which will be exacerbated by the addition of four residences in that development plus the fifth planned home. Cook reiterated Londo's concerns related to traffic problems in the area. Cook expressed concern regarding the impact of five new wells in the area and potential water problems. Jerry Cox, 6200 Cardinal Road, stated his property adjoins Lot 4. He reiterated concerns regarding the wetlands and the blind hill on Murray Street and stated a head- on accident has occurred there. Cox questioned the developers' future intention regarding the road and the setbacks regarding his lot line. Joan Bolin, representing the South portion of the site, stated her property is located in Carver County, City of Chanhassen. She noted that requirements differ within Counties and municipalities and she was unable to subdivide 6-3/4 acres she purchased in 1982. Her purchase of the property was to maintain the wetlands as a natural area for wild life. She expressed concern regarding the aesthetics of the area and described her concerns related to water flow from the higher elevations to the pond and it's relationship to the proposed road. Bolin supported fewer homesites 4 PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 5 . in the area. Jeff Papke, 6180 Cardinal Road, stated he owns parcels 88 and 89 on Cardinal Road. He agreed with the concerns expressed regarding the street safety issues and high elevation, wild life with particular concern for displacement of the deer herd, run-off which is at best acceptable at the present time and questioned the area of the wetland and buildable area on the property. Chair Rosenberger closed the Public Hearing at 8 p.m. At Borkon's request to demonstrate that issues are addressed during the staff analysis of applications, Nielsen reviewed and described the application procedure required for preliminary and final plat approval. . Nielsen described the parameters' of the wetlands area designated and protected by the City Code and noted that the wetlands may actually be larger. He stated that detailed run-off calculations will be made and studied in connection with consideration of the final plat review. He explained that the protected wetland area is subtracted from the buildable area of the property, that the City must abide by the Wetland Conservation Act regulations, and that approval by the City is subject to final review and approval by the Minnehaha Watershed District. Nielsen clarified that any changes in the easements for the wetland area will not change the size of the buildable area of the property. Borkon requested clarification regarding the site distance, speed limit and blind spot on Murray Road. Nielsen explained that review of the final grading plans will include study of those issues and suggested that if the problems described by the residents exist, the City may wish to undertake a study independent of consideration of this development. Bateson indicated that the minimum size of the homes is 2200 square feet and that he is both the builder and developer of the project. Nielsen stated that the minimum road width is 24' and indicated that a traffic study has not been conducted in the subject area. He noted that the paved surface diameter of the cul-de-sac provided by the plans exceeds the required minimum. Rosenberger requested clarification on the staff's recommendation regarding concrete curbs and gutters. Nielsen stated that the Ordinance only requires use of concrete where City water is provided therefore bituminous is acceptable. . Malam indicated support for curbing and expressed confidence that the staff will assure that proper drainage will be provided. With regard to aesthetics, Malam indicated that although preservation of the natural state is preferred, improvements to property owned by individuals must be allowed. He indicated that the addition of 4 homes in the area would have minimal impact on traffic, that sight lines can be 5 PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 6 . improved to alleviate hazardous conditions and that according to the plans, the building sites are located significantly distant from the marshy areas. Bean expressed concern regarding the buildable area of Lot 1, which may technically meet the requirements, however, in terms of reasonable building sites, he supported re-configuration of the lots to accommodate 3 homes rather than 4. He also noted that adequate erosion control must be provided given the slope of the hill. Nielsen indicated adequate erosion control is required in the final plat as well as under building permit requirements. Nielsen discussed the buildability of Lot 1 and described a possible placement of a home and garage on the lot and confirmed that the Lot is buildable in terms of square footage of area. Nielsen stated that while approval must be based on facts, the legal implications of denying approval of 4 home sites on the property must be addressed by the City Attorney. The Commission may, of course, require the developer to demonstrate to the satisfaction of the Commission the buildability of a home on Lot 1. Nielsen stated that a review will be conducted of the builder's request to reconfigure the Lots. Bonach supported the proposal and stated that the builder has met the requirements of the City's Codes. . Hansen stated that while he found it difficult to visualize how the property will accommodate the proposed development, he expressed confidence in the expertise of the staff and the abilities of other supporting technical experts to ensure adequate protection of the wetlands and resolution of other issues. He generally supported approval of the development. Rosenberger expressed concern regarding the drainage and erosion control and requested that those detailed plans be provided to the Commission prior to approval of the final plat. In addition, he expressed concern regarding traffic problems and the water situation. Nielsen stated that the City does not intend to extend City water to this location at the present time. He stated that the Engineer will address the matter of additional private wells and noted that in general the influence of a private well does not extend into the surrounding area and there is very little impact on the level of the water table. Hansen requested clarification regarding the setback requirements under the R-1 C zoning. Nielsen stated that the easements for the wetland area exceed the required setbacks. Rosenberger expressed concern regarding the impact on the residents of assessments for improvements that may be undertaken on Murray Street due to this development. . Lewis stated that while current policy would not allow that, an assessment policy is being studied that would provide for assessment of road improvements. Hansen 6 PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 7 . stated that this development should have no bearing on the current status of Murray Street. Bean moved, Borkon seconded to recommend to the Council that it approve the preliminary plat for Rick Bateson for approximately 5.6 acres of land located south of Murray Street and east of Galpin Lake Road, subject to the recommendations of the Planning Director, subject to the recommendations of the Engineer including the impact of 4 additional wells on the surrounding neighborhood, and subject to the condition that the Planning Commission review and approve the building footprint and landscaping of Lot 1 as provided in the final plat. Motion passed 6/0. Chair Rosenberger noted that residents may submit additional comments regarding this application in writing to the City Council prior to its consideration of the application at its May 24 meeting. Bonach moved, Malam seconded to recommend that the City request that a traffic study including the concerns expressed by the residents be conducted on Murray Street. Motion passed 6/0. . The meeting recessed at 8:40 p.m. and reconvened at 8:45 p.m. 4. 7:45 PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT - PARKING REQUIREMENTS FOR CONVENIENCE STORES WITH GAS PUMPS Nielsen stated that at its April 6 meeting, the Planning Commission directed the staff to research parking requirements for convenience stores with accessory gas pumps. He noted that during review of the Vine Hill Market C.U.P. it was questioned whether the current Code may be outdated with respect to such uses. Nielsen reviewed the research conducted noting that a number of communities which have updated their zoning ordinances do not require additional parking spaces for convenience stores with gas pumps. While Nielsen did not agree with the ordinance, he noted that at least three outer ring suburbs allow spaces at the pumps to be counted as part of the required parking. He agreed there was justification, however, to not require additional spaces because of the gas pumps, but felt it was necessary to provide the required number of spaces for the store. . If amended, the Ordinance would apply to any convenience store in a zoning district which allowed it. Nielsen referred to statistics relative to convenience stores that indicate that most stores are between 2000 and 3000 square feet and most have between 1 and 10 parking spaces. He noted that Brooks' Superette standard stores have 3000 square feet with 15 parking spaces, that parking shortages are never 7 "- . . . PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 8 experienced and that about 50% of their sales were to people purchasing gas. Stacking space and site circulation appears to be more important than extra parking. Chair Rosenberger opened and closed the Public Hearing at 8:50 p.m. there being no comments from the public. Bean requested clarification of the comparison of space per square footage with other ordinances. Nielsen stated that one for 200 is a standard for retail and office space whereas higher ratios would be required for restaurants. Bean moved, Borkon seconded to not amend the Ordinance as stipulated, i.e., the zoning text amendment not be implemented. Malam stated that the amendment as proposed does not go far enough. He noted convenience stores are a new type of land use that did not exist when the Ordinance was adopted and that as a City it is important to be cognizant of change and be flexible to accommodate new uses as they may appear. Bean, Borkon and Bonach agreed with Malam's concern. Bean suggested that it is important that issues related to land use be thoroughly discussed and considered. Borkon agreed that the issue be considered as a whole rather than on a reactionary basis. Bonach stated that variance requests must be made because the City's Ordinances are not up to date. Rosenberger also pointed out that it will be important to consider whether Shorewood wishes to include the proliferation of convenience stores/gas pumps within the City. Motion passed 4/2. Malam and Bonach voted nay. 5. VINE HILL MARKET - C.U.P. AND VARIANCES (Tabled from ADril 61 Aoolicant: Location: James Pyle 19215 State Highway 7 Chair Rosenberger noted that consideration of this issue was tabled at the April 6 meeting. Nielsen stated that subsequent to the tabling of the applicant's C.U.P./variance request, a revised site plan designed to eliminate the front yard setback variance has been submitted by Mr. Pyle. The plan now complies with the 15' front setback. Two of the 4 spaces which had been located on the north side of the site have been relocated to the northeast of the building resulting in 11 parking spaces for the site still short two spaces of the required 13 spaces. Nielsen indicated that an additional parking space suggested by the Applicant's engineer behind the building would not be a quality parking space because of the inability to see around the building. The one-way circulation pattern around the building allowed for the paved area to the east 8 PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 9 . of the building to be converted to green space. Nielsen stated that considerable improvements have been made to the site plan, however since the Commission did not approve amending the Ordinance to reduce the number of parking spaces required, granting a variance does not appear justified since a hardship does not exist. He stated that the Commission must decide whether the improvements balance with the approvals necessary to allow the sale of gas in the operation. Mr. Pyle stated that his principal use is that of a convenience store, the addition of gas service is for the convenience of the neighborhood and the gas operation would be relatively small in comparison to the "big pumpers." Bonach requested clarification regarding the required number of parking spaces on the site. Nielsen stated that the Ordinance adopted in 1985 requires 9 spaces for the size of the convenience store and 4 more spaces for the service stalls. . Borkon requested information regarding the proposed upgrading of the Vine Hill intersection. Nielsen indicated that contracts will be let in the Fall of 1993 with work to begin in the Spring of 1994. He noted that MNDOT has also suggested that the City consider upgrading of the service road east of the location to tie in with upgrading to be done by Minnetonka in that area. Nielsen also stated his concerns regarding the quality of proposed parking on the site with regard to accessing the gas pumps safely. Malam moved, Borkon seconded to recommend to the Council that it approve a C.U.P. and variances for the number of parking spaces for the Vine Hill Market project. Bean expressed concern regarding the granting of variances which do not meet the policy criteria set forth by the Commission for granting variances which results inconsistent guidelines. Malam agreed with Bean's concern, however, he indicated that applications must be reviewed on a case by case basis. He supported granting the variance in this case in view of the substantial improvements to the property including eliminating the cut- through and closing of an entrance outweigh the negative factors. . Borkon stated that the point of a variance is to allow individuals to upgrade a property in a manner that may not be acceptable under the Ordinances and that by following a strict policy, the Commission then attempts to amend the applicable Ordinance. She suggested that in addition to a review of land use, the Commission re-assess its definition of a variance. Nielsen stated that the City is governed by State Statutes for variances. He pointed out that while the City makes minimum and reasonable rules, granting of variances to those rules will over time present problems in equitable administration of the rules. Further, he pointed out that review and updating of the Ordinances from time to time is an appropriate course of action. 9 . . . PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 10 Rosenberger indicated that in order for the Commission to be effective, he supported consistent application of the guidelines. Hansen described significant concerns regarding the adequacy and size of the site plan, potential stacking up of vehicles and the subsequent safety and traffic problems. He supported making Commission decisions, not neighborhood decisions. Bonach stated that the current situation at the location is unacceptable in terms of traffic and appearance. She expressed support for the Applicant's suggested improvements. Bean expressed support for the proposed redesign of the site with elimination of the gas pumps. He stated that approving the C.U.P. with the gas pumps is not good planning and it is the obligation of the Commission to ensure that decisions are made in a consistent manner to protect the City from liabilities. Bean commended the Applicant for attempting to improve and correct deficiencies of the property, but concluded that approval of the variance is not justified as a solution to the problems. Mr. Pyle stated that he did not anticipate any problem with stacking up of traffic on the property. Nielsen stated that the lack of space on the site was brought about by a previous owner who enlarged the building arid therefore supports denial of the variance since it does not demonstrate a hardship. Rosenberger stated that he could not support approval of the variance as it is not justified under the criteria and that granting the C.U.P. and variance would exacerbate the traffic problem on the property and in the area. Motion failed 3/3. Hansen, Bean and Rosenberger voted nay. 6. 8:00 PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT - REGULATIONS FOR DETACHED GARAGES Nielsen stated that the current Ordinance regulating accessory structures limits the number of garages to one per detached single-family dwelling. Since it is not uncommon for a house to have an attached garage and a detached garage, staff believes this provision may have been written in error. The proposed text amendment modifies the Code to limit detached garage structures to one per dwelling. A conditional use permit would be required to exceed one detached garage. Chair Rosenberger opened the Public Hearing at 9:30 p.m. Rob Sotirin, 5040 Shady Island Point, stated his support for the amendment to avoid requesting a C.U.P. 10 . . . PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 11 Chair Rosenberger closed the Public Hearing at 9:35 p.m. Bean moved, Hansen second to recommend to the Council that it approve an Ordinance Amending Chapter 1201 of the Shorewood City Code relating to Zoning Regulations, as proposed by the staff. Motion passed 6/0. 7. DEVELOPMENT STAGE PLAN APPROVAL - GIDEONS WOODS P.U.D. Aoolicant: Location: Katter Development Corp. 24590 Glen Road Nielsen stated that the Applicant has submitted development stage plans for the twinhome project located in the northwest quadrant of Glen Road and County Road 19. He reviewed a number of issues requiring additional information as detailed in his memorandum dated April 30, 1993 and recommended that consideration of the development stage plan be tabled to the Commission's May 18 meeting providing the requested information is received no later than May 11. Mr. Bruce Newton, Orono, briefly commented on the status of the Indian burial mound investigation. Hansen moved, Borkon seconded to table consideration of the development stage plan approval- Gideons Woods P.U.D. to May 18, 1993, or until the archeologist's report is completed. Motion passed 6/0. 8. SIMPLE SUBDIVISION Aoolicant: Location: Minnetonka Country Club/Paul Swanson 24575 Smithtown Road/24460 Yellowstone Trail Nielsen reviewed the Applicant's request for approval of a simple subdivision/combination to correct boundary line questions between the Country Club property and the Paul Swanson property located at 24460 Yellowstone Trail. The Club proposes to trade a 10' x 196' strip of its property for a 10' x 57' strip of the Swanson property. The Swanson property currently contains 50,833 square feet of area and the land swap would result in a 1390 square foot increase for the Swanson property. Nielsen stated that the request is relatively simple except that Country Club Road abutting the properties is substandard with respect to right-of-way width. The City's policy in such cases has been to acquire required right-of-way as allowed under the Statutes at the time land is subdivided. It is recommended that right-of-way be 11 PLANNING COMMISSION MINUTES MAY 4, 1993 - PAGE 12 . dedicated as a condition of approval of the subdivision/combination. Nielsen referred to the letter dated May 4, 1993 received from the Applicant's attorney, James Penberthy, stating that the City is going beyond the scope of the Ordinance that allows simple subdivisions. Nielsen stated that the City Attorney agrees that the City is within it's rights to acquire the right-of-way. In addition, Nielsen stated that the use of eminent domain to acquire property as suggested by Penberthy could prove costly to the City. Nielsen also noted that the size of the right- of-way acquisition is larger than the size of the property swap. The Commissioners discussed the legal implications of acquiring the right-of-way as a condition of approval of the request and agreed that given the City's concern of the status of Country Club Road and it's priority ranking for upgrading, it is appropriate for the City to take the right-of-way when the opportunity arises. Bean moved, Malam seconded to recommend to the Council that it approve the application for a simple subdivision of the Minnetonka Country Club/Paul Swanson at 24575 Smithtown Road/24460 Yellowstone Trail, subject to the staff recommendations detailed in the Planning Director's memorandum dated April 27, 1993. Motion passed 5/0. Borkon abstained. . 9. MATTERS FROM THE FLOOR - None. 10. REPORTS Councilmember Lewis reviewed actions taken by the Council at its April 26 meeting and matters discussed at its Work Session. Lewis and Nielsen answered the Commissioner's questions regarding pending matters before the Council. Hansen briefly reviewed the recent activities of the Park Commission. 11. ADJOURNMENT Hansen moved, Bean seconded to adjourn the meeting at 9:50 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary . TimeSaver Off Site Secretarial 12 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 18, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borken, Hansen, Malam, and Pisula; Planning Director Nielsen and Council Liaison lewis. APPROVAL OF MINUTES Borkon moved, Hansen seconded to approve the minutes of the Commission's May 4, 1993 meeting. Motion passed 7/0. 1. JOINT MEETING WITH THE PARK COMMISSION Discuss Trail Plan - Motorized Vehicles Park Commission members in attendance: Chair Steve Dzurak, Elizabeth Fuller, and Jennifer McCartfty; Councilmember Benson/Park Liaison. The purpose of the joint meeting with the Park Commissioners is to discuss the use of motorized vehicles on city trails, specifically snowmobiles on the H.C.R.A.A. right- of-way. Background information distributed to the Planning Commissioners included: a) Current Snowmobile Ordinance, B) letter of Understanding - Shorewood Snow Patrol, C) SnoPatrol Report for 92/93 Season, D) Police Report for 92/93 Season. In addition, Nielsen distributed a City Survey containing pertinent information. Dzurak stated the issue of snowmobiling has been discussed in numerous formats by the City. He briefly reviewed the Ordinance and the current position of the Park Commission which allows snowmobiling on the multi-use trail. Its reasons for support are: 1) the snowmobilers have put significant effort to upgrade the trail, and 2) from the snowmobilers point of view it is a necessary link between the western area and lake Minnetonka. Dzurak briefly summarized the survey results: 54% of the residents were against the use of snowmobiles on the walking and biking trail and 38 % support that use. However, he pointed out the residents most opposed to snowmobilers are those located furthest away from the trail. 1 PLANNING COMMISSION MINUTES May 18, 1993 - PAGE 2 . Nielsen stated that Trail Plan is part of the Comprehensive Plan and the staff recommends adoption of the Trail Plan by reference. The Park and Planning Commissioners discussed and considered issues related to snowmobiling, various sections of the Ordinance, and use of the trail system. The consensus of the Commissioners was that although there will be opposition to a ban on snowmobiling, the City should move toward that objective because of difficulties in policing offenders of the Ordinance and in general regard for the residents of Shorewood. Bean moved, Hansen seconded to recommend to the Council that it evaluate Chapter 802 of the City Code, the Snowmobile Ordinance, with the recommendation to ban snowmobile operation in the city limits of Shorewood. Motion passed 7/0. 2. PUBLIC HEARING - REVISED CONCEPT PLAN/DEVELOPMENT STAGE PLAN APPROVAL - SEASONS P.U.D. (continued from meeting of May 4) Aoolicant: Location: Pete Boyer Construction 20095 Excelsior Boulevard . Chair Rosenberger announced the case. Nielsen reviewed the revised development stage plans received for the Seasons P.U.D. and described how the plan complies with previous staff recommendations. A remaining primary concern is the reduced size of decks and patios attached to the proposed homes. Nielsen indicated that several units show decks that are questionable in terms of adequate space. He noted sizes have been reduced to comply with setback requirements or the requirement for open space between structures. Nielsen suggested that resolution of this problem could be handled by eliminating the inadequate decks and including in the protective covenants a provision that would not allow a resident to request a variance for construction of a deck. He noted that 13' separation between structures and the landscape plan appears adequate. The Minnehaha Creek Watershed District must approve drainage plans and MNDOT must approve the matter of the storm sewer easement. Mr. Peter Boyer reviewed design plans noting that each building has a covered porch entrance 12' long and 5' wide and could be used by residents as a replacement a deck. He stated that 13' structure separation is too restrictive for the density and pointed out that the homes have been designed with senior citizens in mind. Nielsen noted that a variance or Ordinance amendment is required if the separation between structures is decreased. . 2 PLANNING COMMISSION MINUTES May 18, 1993 - PAGE 3 . Rosenberger stated that the choices for the developer include: requesting a variance, amending the Ordinance, accepting the design with protective covenants regarding variances for decks, or redesigning 'of floor plans to accommodate adequate decks for all units. Borkon requested clarification of prospective residents' desire for porches vs. decks and design of the homes. Boyer stated that in general a front porch is more desirable and eliminates ice buildup on front entries. He preferred to retain the current design of the homes in order to expedite construction of the project. The 1480 square foot homes are 2-bedroom, 2 bath convertible for handicap use, and will sell for $150,000- 160,000. Boyer described his negotiations with MNDOT regarding the storm sewer. Regarding the separation between structures, Nielsen reiterated that 13' is minimal and meets the Code. Bean agreed that the Ordinance should not be changed in that the sizc of the property limits the design. He suggested two areas that could be developed as a gazebo- common space. He questioned the adequacy of the small decks shown on certain units. Boyer stated he would consider additional design work on the decks and indicated he would like the proposal to be presented to the Council for approval in order that he can move forward on the project. . Borkon suggested that some units could be offered without decks with a covenant stating that a deck may not be constructed in the future. Malam moved, Bonach seconded to recommend to the Council that it approve the revised Concept Plan/Development Stage Plan for the Seasons P.U.D., Pete Boyer Construction, at 20095 Excelsior Boulevard, subject to the staff recommendations. Motion passed 7/0. 3. STUDY SESSION Comp Plan - Transportation Plan . Hansen briefly updated the status of the public transportation bill noting that it was not enacted therefore cities do not have the alternative to opt out of the Transit System. He noted that the Rapid Transit Board has completed a study which will reflect the usage by Shorewood residents. Hansen reported that Shorewood is being taxed at a higher level compared to adjoining cities even though Shorewood does not have a bus stop in the City. According to information from Hurm, Hansen stated that a similar classification with Tonka Bay would save Shorewood $19,045 annually. Hansen reported that the cost of a transportation survey of Shorewood residents would be $2,500, and recommended that the concept be tabled given the recent RTB survey and the fact that Shorewood may not opt out of the system for another year. Hansen indicated he will meet with the RTB on June 7 or 8. 3 . . . PLANNING COMMISSION MINUTES May 18, 1993 - PAGE 4 Nielsen reviewed the first portion of the Shorewood Transportation Plan. He noted that the Plan merges and updates the texts of Reports 4 and 8 of the existing Comprehensive Plan, adds the City's policy on local and collector streets, and noted that the Street Reconstruction Policy will also be added. The remainder of the Transportation Plan will be available for the Commissioner's review at its June 1 meeting. The Commissioners discussed the Plan as presented, provided policy direction, and requested that the revisions recommended be incorporated into the next printing of the Transportation Plan. 4. MATTERS FROM THE FLOOR Mr. Fred Katter, developer of the Gideon Woods P.U.D., updated the status of scheduling the Indian mound/archeological review of the property. He stated the review is expected to be performed within the next 10 days. Nielsen stated that it is his intention to prepare material regarding zoning tools aA6 of the City for the Commission's review and consideration at a future work session. Borkon requested that current information regarding variances be distributed to the Commissioners. 5. REPORTS CounCfilmember Lewis reviewed actions taken by the Council at its May 10 meeting. 6. ADJOURNMENT Malam moved, Borkon seconded to adjourn the meeting at 9:05 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as strikeouts (deletions) and italics (additions). 4 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 1, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. . MINUTES CALL TO ORDER Vice Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger (entered the meeting at 7:20 p.m.); Commissioners Bean, Bonach, Borken, Malam and Pisula; Planning Director Nielsen and Council Liaison Lewis. Absent: Commissioner Hansen. APPROVAL OF MINUTES . Pisula moved, Bean seconded to approve the minutes of the Commission's May 18, 1993 meeting, as amended on Page 1 listing Park Commission members, correct McCarthy to McCarty; Page 3, Paragraph 3, Line 1, delete words "the size of"; and Page 4, Paragraph 4, Line 1, delete the first "and". Motion passed 5/0. 1. 7:00 PUBLIC HEARING - PRELIMINARY PLAT Applicant: Location: Allen Larson 6035/6050 Ridge Road Vice Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background to the Applicant's request for approval of a preliminary plat to subdivide a 4.89 acre site into 4 single-family residential home sites. The property, located between Silver Lake and Christmas Lake, is zoned Single-Family Residential/Shoreland, accessed by Ridge Road (a private road) and is characterized by steep topography particularly on the Silver Lake side. The site is currently occupied by the Larson's home. a detached garage and 2 nonconforming accessory buildings near the Christmas Lake shoreline. Nielsen stated that the staff report takes issue with several technical items relative to the preliminary plat, several of which can be corrected as a condition of the final plat. Other items related to the topography and access to the plat require additional consideration. Using overheads, Nielsen described the developer's new site plan designed to address those concerns including buildability, grading plans, . topography, access to the lots and on-street drive-way parking. 1 . . . PLANNING COMMISSION MINUTES June 1, 1993 - PAGE 2 Nielsen recommended approval of the revised preliminary plat, subject to the inclusion of the technical items outlined in the staff report and subject to the City Engineer's approval of the grading plan including the retaining walls and the driveway design including the parking area at the top. In addition, the final plat should include: a) cross- easements and maintenance agreements for the shared driveway, b) removal or relocation of the garage, removal of one shed and relocation of the other to comply with setback requirements, c) payment of park dedication fees, d) payment of sewer access charges, and e) expansion of Ridge Road easement to include the traveled portion of the road which strays out of the existing easement. Jon Munson, president of Landschute Group Inc., representing Allen and Carol Larson, stated there were no problems complying with the recommendations described by Nielsen. Dr. Allen Larson stated that the detached garage on the site will either be moved or torn down. He stated that the 2 small buildings on the site include a pump house used to pump water from Christmas Lake to the home used for all purposes except for drinking and a storage shed. Larson requested a variance to allow the buildings to remain there as they have for 50 years. Borkon asked whether the new homes will have wells drilled for their use. Larson stated wells will be drilled for the homes with the exception of the Larson's new residence which will continue to use pumped water from the lake. Nielsen stated that with respect to the buildings, action cannot be taken at this meeting on a variance since the request has not been published. The storage building is considered an accessory building which could be moved to Lot 1. Further, he stated that water cannot be pumped from the lake for domestic use and doing so is a violation of the State Health Code and provisions of the building permit require that new homes have a private well. Larson described the locations of the access driveways to the lots. He stated that in connection with re-mortgaging of his home 2 years ago, the water was tested and approved. It is used for watering the lawn and bathing. He also noted that the shed is used for storing life preservers, etc. and that other new home construction on the Lake include similar sheds in similar locations near the lake. Nielsen indicated that such structures are not acceptable; however, he stated Dr. Larson may move the shed to the home site. Borkon opened the Public Hearing at 7:25 p.m. Tom McCary, 6010 Ridge Road, stated his support of the Larson proposal. Borkon closed the Public Hearing at 7:30 p.m. 2 PLANNING COMMISSION MINUTES June 1, 1993 - PAGE 3 . Bean requested clarification of the status of Ridge Road as a private road given additional residential construction in the area. Nielsen stated that the Subdivision Ordinance does not allow any new private roads; however, it does not address subdivisions off existing private roads. Since all residents on Ridge Road have easements, it would require public agreement to make the road a public road. Ridge Road is maintained by an association. Malam requested clarification of the easement on Ridge Road. Nielsen described the location of the easement noting that it strays over the traveled surface of the road. Bean expressed concern regarding the increased density in the area and the narrow nature of Ridge Road. Larson stated that appropriate easements have been acquired for the driveways. Rosenberger requested clarification regarding the pumping of water from the lake. Nielsen reiterated that such a practice is not allowed and is a violation of the State Plumbing and Health Codes. Each home must have a private source of potable water. Nielsen indicated that he is uncertain as to how this rule is communicated to the residents. . Borkon requested clarification of the disposition of the garage. Nielsen reiterated that the garage must be removed or moved to the primary residential lot of the Larsons. He noted that the driveway plans have been described as acceptable to a resident who expressed concern. Nielsen indicated that the proposed parking area will allow for another pull-out on the road; however, he acknowledged that if Ridge Road was a City street, he would recommend its upgrading. Borkon requested clarification regarding the construction time schedule. Munson stated that the schedule is staggered but without lengthy lapses. It is planned that construction on the southeast lot will begin this summer, the Larson home will be constructed early in the fall followed by the final home. Bonach stated concern regarding increasing traffic on Ridge Road, construction traffic and havoc resulting to the surface of the road. Dr. Larson acknowledged that construction traffic causes problems, but that the Association is responsible and has a schedule for maintaining the road. Nielsen stated that the City is concerned with access on the road and monitors the situation by responding to complaints and through the building permit process. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the preliminary plat requested by Allen Larson, 6035/6050 Ridge Road, subject to the staff recommendations outlined in the Director's memorandum dated May 27, 1993 and subject to approvals required by the City Engineer. . Motion passed 6/0. 3 . . .. PLANNING COMMISSION MINUTES June 1, 1993 - PAGE 4 2. FINAL PLAT - WATERFORD 5TH ADDITION Applicant: Location: Trivesco Outlot D, Waterford (5590 Vine Hill Road) Nielsen reviewed the background to the developer's request for a final plat which will change the legal description of the property from Outlot D to Lot 1, Block 1, Waterford 5th Addition. When the Waterford P.U.D. was initially platted, a remnant parcel was created on the west side of Vine Hill Road and platted as Outlot D. When Covington Vine Ridge was platted, watershed district concerns precluded combining the parcel with that site. Outlot D is being sold to a buyer who wants to build one house on the parcel. Since outlots are not buildable, the requested final plat will change the description of the property to allow its development. The staff recommends approval of the pl~t subject to conditions outlined in the Director's memorandum dated May 28, 1993. During discussion, the Commissioners acknowledged possible concerns regarding development of the lot. Malam moved, Bean seconded to recommend to the Council that it approve the Preliminary and Final Plat, Waterford 5th Addition, subject to the staff recommendations outlined in the Director's memorandum dated May 28, 1993, and strongly urged that the property remain a single lot precluded from future subdivision. Motion passed 5/1. Bonach voted nay. 3. STUDY SESSION Comp Plan - Transportation Plan Nielsen reviewed the section, Intermediate Arterials, of the Transportation Plan Chapter of the Comp Plan dealing primarily with Highway 7 Corridor Study issues. The Commissioners discussed the Section as presented, provided policy direction, and requested that a representative of MNDOT be invited to attend a Commission meeting to discuss issues related to reconstruction of the Christmas Lake Road intersection. The remaining sections of the Transportation Plan Chapter will be considered at the Commission's study session on Tuesday, June 8 (re-scheduled from June 15). It was noted that the final Transportation Plan adopted by the Commission will be the subject of a joint meeting with the Council on June 14. Following discussion, it was the consensus of the Commissioners that the City study limiting the number of garbage carriers serving the City. 4 PLANNING COMMISSION MINUTES June 1, 1993 - PAGE 5 MATTERS FROM THE FLOOR . 4. Borkon brought the Commission's attention to: removal of a nonconforming sign; land use in Shorewood; accessory buildings near lake shores; and a new traffic pattern planned near Lotus Lake in Chanhassen. She commended the expeditious completion of the sewer work adjacent to Covington Road. Nielsen indicated that the land use topic can be re-scheduled for discussion prior to consideration of community facilities. Bean suggested additional meetings of the Commission could be scheduled if necessary to expeditiously study priority issues. He noted plans contemplated by the School Board with regard to Minnewashta School. 5. REPORTS Councilmember Lewis reviewed actions taken by the Council at its May 24, 1993 meeting. 6. ADJOURNMENT Malam moved, Borkon seconded to adjourn the meeting at 9:40 p.m. . Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . 5 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 8, 1993 PUBLIC WORKS BUILDING SMITHTOWN ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:20 p.m. Nielsen conducted a tour of the Public Works facilities for those present prior to the meeting. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borken, Malam and Pisula; Commissioner Hansen entered the meeting at 7:35 p.m. after attending a portion of the Park Commission meeting; Council Liaison Lewis; and Planning Director Nielsen. APPROVAL OF MINUTES Bean moved, Barkan seconded to approve the minutes of the Commission's June 1, 1993 meeting. Motion passed 6/0. 1. STUDY SESSION - COMPREHENSIVE PLAN - TRANSPORTATION PLAN Chair Rosenberger emphasized that this final review of the Transportation Plan will result in a document representing the Commission's recommendation of a Transportation Plan to the City Council for inclusion in the City's Comprehensive Plan. Nielsen stated that the final Transportation Plan Chapter prepared for presentation to the Council at the June 14 joint meeting will incorporate the issues and policies; goals and objectives; and graphics. Nielsen reviewed the Sections: Streets - Minnesota State Aid System; Mass Transit; Bicycle/Pedestrian Trails; and Airports of the Transportation Plan as presented with his memorandum of June 7, 1993. The Commissioners discussed each Section as presented and provided clarifications and policy direction. Commissioner Hansen reviewed the results of a meeting he attended on June 8 with Administrator Hurm and the Community Relations Coordinator and a Planner from -the Rapid Transit Board (RTB). He stated the City and the RTB will work jointly to appeal Shorewood's apparent inequitable tax level. In addition, with a view to possible 1 . . . PLANNING COMMISSION MINUTES Tuesday, June 8, 1993 - Page 2 expansion of service, the RTB will design a transit survey for the City's distribution and compile the results and will also prepare an article for the City's newsletter and for local newspapers describing the current local bus service. Hansen briefly reported on the Park Commission's discussion regarding snowmobiling. Nielsen reviewed the Commission's requested changes as incorporated into the Transportation Plan. Borkon moved, Malam seconded to adopt the Transportation Plan Chapter, with the changes made, including the policies, issues, goals and objectives, for presentation to the City Council for its approval at the joint meeting on June 14, 1993. Motion passed 7/0. 2. MATTERS FROM THE FLOOR - None. 3. REPORTS - None. 4. ADJOURNMENT Hansen moved, Pisula seconded to adjourn the meeting at 8:25 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial 2 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 6,1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borkon, Hansen, Malam, and Pisula; Planning Director Nielsen. Absent: Commissioner Bonach. APPROVAL OF MINUTES Borkon moved, Pisula seconded to approve the minutes of the Commission's June 8, 1993 meeting. Motion passed 6/0. 1. 7:00 PUBLIC REVISION -SIMPLE SUBDIVISION/COMBINATION/C.U.P. HEARING Aoolicant: Location: Minnewashta Elementary School 26350 Smithtown Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background to the applicant's request noting that a conditional use permit for the expansion of the Minnewashta Elementary School was granted in August 1992. He stated subsequently the School District purchased a 5.57 acre parcel at 26410 Smithtown Road, west of the school, to improve its parking lot design. The applicant proposes to subdivide off a 40,000 square foot parcel with an existing house and combine the remaining 4.65 acres with the school property and expand its parking lot. Three issues require action: 1) subdivision of the parcel, 2) combination with school property, and 3) revision of the existing C.U.P./site plan. Nielsen reviewed each issue noting that the proposed division/combination complies with all lot size requirements of the Zoning Code and the proposed parking lot increases parking capacity and improves overall circulation. A revised landscape plan has been submitted and grading, drainage, and erosion control issues have been reviewed by the City Engineer. 1 . . . PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 2 Nielsen pointed out although plans do not exist for location and access for a future water tower on this property, the City should consider acquiring the easement for a tower location at this time. Nielsen recommended approval of the applicant's requests subject to: 1) provision of deeds for required 10' drainage and utility easements, 2) removal of 4 sheds and a garage by September 30, 1993, 3) recording of the easements and Council's approval resolution by August 31, 1993, 4) completion of parking lot and landscaping by November 1, 1993, and 5) review and approval of the grading, drainage and erosion control by the City Engineer and Minnehaha Creek Watershed District. John Rohrman, Architect, Minnetonka School District, stated acquisition of the property will improve safety for the children and provide a better solution for parking than the previous plan. He commented on the staff recommendations, indicated no objections to those recommendations and stated the school district is willing to discuss with the City the water tower issue. Rosenberger opened and closed the Public Hearing at 7: 15 p.m. there being no comments from the public. Bean requested clarification of the adequacy of setbacks on the western edge of the parking lot to the lot line of the new location. Nielsen stated the ordinance requires 10' for schools and it meets that requirement. Bean requested clarification of the bus route through the school grounds and expressed concern regarding safety. Eugene George, Minnetonka School District, described the circulation pattern of buses and the location of drop-off of students by parents. It was pointed out that teachers provide supervision during bus loading and do not leave the staff parking area concurrently with the buses. Bean suggested that signage be provided to designate visitors/public/staff parking. Borkon requested clarification of the bus parking pattern. George explained that the diagonal bus parking provides a safer visual scope for the drivers and the supervisors during bus loading and pointed out that the buses do not move out until all the buses are loaded. Borkon moved, Malam seconded to recommend to the Council that it approve the proposed subdivision/combination/C. U. P .revision for Minnewashta Elementary School, 26350 Smithtown Road, subject to conditions in the Planning Director's July 1, 1993 memorandum and appropriate parking and drop-off signage on the property be erected. Motion passed 6/0. 2 . . . PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 3 2. 7:15 PUBLIC HEARING - PRELIMINARY PLAT - JAMES HILL Apolicant: Location: James Robin 23420 Park Street Rosenberger announced the case. Nielsen reviewed the background to the applicant's request for approval of the preliminary plat for James Hill noting that Mr. Robin proposes to subdivide his property located in the R-1 0 zoning district at 23420 Park Street into 4 single-family residential lots. He stated that the plat meets or exceeds requirements of the zoning code with lot areas ranging from 13,314 to 24,300 square feet. Nielsen described the issues to be addressed in connection with the recommendation for approval: A. substandard right-of-way width of Glencoe Road requires an additional 10' of r.o.w. on the east side of Glencoe Road, B. removal of a nonconforming accessory building, C. final plat must include "Block 1" and provide drainage and utility easements, 10' on each side of each rear and side lot line, D. sanitary sewer service for Lot 4 must be demonstrated, Payment of: E. $2250 park dedication fees and F. $3000 local sanitary sewer access charges and provision of an up-to-date title opinion with final plat submission. James Robin stated dedication of additional right-of-way on Glencoe Road poses no problem, however, he indicated he expected there would be no further acquisition by the City for right-of-way there. He stated the property on the west is close to the existing street and in fairness there should be an understanding that the City not seek an additional 10' from that property owner also. Robin understood the City has no plans for upgrading Glencoe Road and while its surface is currently 16' wide, Robin requested that it be understood that the road would not be expanded beyond a 20' width. He stated the road serves 6 homes, has a low traffic volume, and when expanded it should be re-Iocated to the east. With respect to the provision of sewer service for lot 4, Robin explained that it could go directly into the man-hole structure that is at the end of the line coming from the east along Park Street. He stated, however, that should the Engineer determine that is not adequate and requires additional public utility construction, the City should pay for that. He expressed no objection to the other staff recommendations. Rosenberger opened the Public Hearing at 7:36 p.m. Kristi Stover inquired about the applicant's plans for providing water to the lots. Robin stated that the two lots on the north side have access to Excelsior water but he will not require a purchaser to tie into that system, but that each will be responsible for its water supply. Rosenberger closed the Public Hearing at 7:38 p.m. Rosenberger requested clarification of the acquisition of additional right-of-way on Glencoe Road. Nielsen stated the additional 10' on the east side is because of the proximity of the property on the west side and 10' will bring the road into 3 . . . PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 4 conformance with the required 50' right-of-way width. He noted the Transportation Plan provides that a re-constructed street will be built to its current width, but not less than 20'. The Commissioners acknowledged, however, that it is difficult to determine how a current agreement may be affected by a longer-term future decision. Hansen pointed out that the property lines proposed for this subdivision are not perpendicular causing all other lots to be skewed and customarily creating angular driveways. Nielsen explained that lot 4 created concern. While the line between lot 1 and lot 4 is parallel with the existing garage, keeping the driveway to Lot 4 five feet from the property line will mitigate skewing to a degree according to Nielsen. In this instance, strict adherence to the perpendicular policy would have resulted in lot 4 being smaller. Malam requested clarification of the placement of entrances to lots 2 and 3. Robin stated that both lots probably would be accessed from Glencoe Road since Academy Avenue presents traffic safety concerns. Bean requested clarification of responsibility for sanitary sewer service for lot 4 should the Engineer not approve the described solution. Nielsen stated approval should not present any problems, however, the developer is responsible for extending the utility, if necessary. Borkon requested additional information regarding provIsion of water. Nielsen reviewed the City's policy which states the developer determines the water supply - use of an available system or private wells. Borkon moved, Hansen seconded to recommend to the Council that it approve the preliminary plat for James Hill, requested by James Robin, 23420 Park Street, subject to the recommendations in the Planning Director's July 1, 1993 memorandum and subject to the City Engineer's review and approval of sanitary sewer service to Lot 4. Motion passed 6/0. 3. 7:30 PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE Aoolicant: Location: Wallace and Elizabeth Peck 25975 Wild Rose Lane Rosenberger announced the case. Nielsen reviewed the background to the applicants' request for a simple subdivision of property, zoned R-1 A, at 25975 Wild Rose Lane into 2 lots. The 2.6 acre lot extends between Wild Rose Lane and Smithtown Road, is occupied by the Peck's home and a 300+ square foot barn. Despite its area, the lot is substandard as zoned as it is only 98' wide on the Wild Rose Lane end; consequently the applicant requests a lot width variance for the northerly lot. 4 PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 5 . Nielsen reviewed the staff report pointing out that the south side of Wild Rose Lane is characterized by narrow lots ranging in width from 50' to 150'. Ten lots on that side of the street are narrower than the applicant's. Nielsen pointed out that although the lot is substandard for the R-1 A district, it is not out of character with the neighborhood. Nielsen stated the applicant considered the possibility of 2 lots on the southerly portion of the property however that would necessitate rezoning the property to R-IC. He stated that while re-zoning would provide an opportunity to re-draw zoning lines, the subdivision allows the applicant to make reasonable use of his property. The Wild Rose Lane lot will be as big or bigger than other lots nearby. The southerly lot and the existing lot to the east of it conform with R-1 A district standards, despite being sandwiched between R-1 C property. . Nielsen recommended approval of the subdivision and lot width variance subject to the following conditions: 1) provision of 10' drainage and utility easements on each side of each rear and side lot line, 2) submission of an up-to-date title opinion or title commitment for review by the City Attorney, 3) removal or moving 2 nonconforming sheds which straddle the easterly property line, to bring them into compliance with setback requirements, by November 1, 1993, 4) dedication of roadway easements for parcels D and E, 5) payment of a $1000 local sewer access charge and $750 park dedication fee, and 6) completion of the items and recording of the division within 30 days of the Council's approval. Mrs. Elizabeth Peck stated they want to take off the lower lot from the property to allow their son to come back to the home place, which has been in the family for 80 years. She reviewed the history of the property emphasizing their wish to keep the property in the family. She stated that removal of the sheds on the property would cause an emotional hardship on the family and it is not fair of the City to ask them to remove them since that property has nothing to do with the subdivision and they would certainly not be able to accomplish moving or removal within 30 days. She indicated they do not wish to tell their son he cannot build on the home property. Mrs. Peck explained that parcel D is the easement taken when Smithtown Road was straightened. Their attorney has advised them to sell parcel E. Mr. Peck, the son, reiterated his desire to return to the home property to build a single family dwelling on parcel C. He took issue with the encroachment of the sheds on the property and stated that due to the age and construction of the buildings, they cannot be moved. They are, however, in good shape for storage of garden equipment, etc. He indicated they chose not to pursue the re-zoning proposal due to financial reasons. The public did not present any comments. . Rosenberger cautioned that, generally, requests for special cases for nonconformance are not favored by the Commission. 5 . . . PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 6 Nielsen clarified that the City may, at it's own initiative based on residents' petition, rezone property; otherwise the re-zoning application fee is $450. He described the possible re-zoning, but indicated the City would probably not initiate such a rezoning. Hansen stated that if a variance is granted on the width based on none of the criteria for a variance, a variance on the sheds would also appear reasonable. It was pointed out, however, another public hearing on the shed variance would need to be scheduled. Nielsen reviewed the criteria and reiterated the guidelines upon which he based his recommendation for approval of the lot width variance and for placing the removal or moving of the sheds as a condition of approval. Borkon requested clarification of the easement related to parcels D and E. Nielsen described the area based on the legal description noting that sale of the triangle, parcel E, would not be a problem. Dedication of the easements would provide a clear title. Borkon expressed concern regarding the shed removal condition particularly since the nonconforming house is not required to meet conforming conditions, which in her view reflects inconsistency. She expressed concern about the appearance of government intruding into private lives and suggested alternatives for compromise be considered. Nielsen indicated that alternatives discussed create further nonconformance factors. Rosenberger questioned the emotional tie factor. Mrs. Peck indicated the entire family has continuing ties to the homestead. Mrs. Peck stated that if and when Parcel B is sold, the sheds would be moved. Nielsen stated that it may be possible to record such a statement against the lot, Le., that the sheds will be removed when the property changes owners; and would become a part of the conditions of this approval. However, Nielsen pointed out that any new construction of an accessory structure on Parcel B would likely require removal of the sheds. The Pecks stated they would accept such conditions for conformance. Malam preferred that action not be tabled on this request based only on the shed issue; and stated that while he can understand the family emotional ties, he did not feel comfortable with buildings remaining on a property line. Hansen moved, Borkon seconded to table, until Wednesday, July 28, 1993, action on the request of Wallace and Elizabeth Peck for a simple subdivision and lot width variance at 25975 Wild Rose Lane and requested the staff to prepare a proposed resolution that satisfies the applicants and the Commissioners, based on legal consultation, regarding the removal of the nonconforming sheds at the time of the sale of Parcel B. Motion passed 4/2. Malam and Pisula voted nay. 6 . . . PLANNING COMMISSION MINUTES July 6, 1993 - PAGE 7 A copy of the proposed resolution will be sent to Mrs. Peck in adequate time prior to the meeting for review by her attorney. 4. MATTERS FROM THE FLOOR Rosenberger suggested the Commissioners consider meetings with Planning Commissions of the other South Lake communities regarding topics of mutual interest relating to the Comprehensive Plans. The Commissioners generally agreed that such meetings could be scheduled later in the year after all sections of the Commission's review of the Comprehensive Plan have been completed. Hansen inquired about the status of the Council's action on the Vine Hill Market C.U.P. application. Stover indicated the Council has postponed it's consideration due to the lack of the required quorum at the past 2 Council meetings. Stover briefly provided background history relating to the water tower/school property issue. Pisula inquired about the status of the Gideons Wood P.U.D. application. Nielsen noted that the Indian burial mound review has been conducted; however a formal report has not yet been received. The Commissioners agreed to re-schedule its July 20 Study Session/Meeting to Wednesday, July 28. Nielsen noted the Commissioner's joint study session with the Council is scheduled for Monday, July 12. 5. REPORTS - None. 6. ADJOURNMENT Borkon moved, Pisula seconded to adjourn the meeting at 8:40 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 7 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING WEDNESDAY, JULY 28, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borkon, Hansen, Malam, and Pisula; Council Liaison Lewis; and Planning Director Nielsen. APPROVAL OF MINUTES Malam moved, Bean seconded to approve the minutes of the Commission's July 6, 1993 meeting, amended to correct the spelling of BorkQn's name in the Roll Call. Motion passed 7/0. 1. SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE (continued from Julv 6 meeting) Aoolicant: Location: Wallace and Elizabeth Peck 25975 Wild Rose Lane Rosenberger announced the case noting this application is being continued from the Commissioners' July 6 meeting. Nielsen reviewed the applicants' request for a simple subdivision to split the property into two lots that will result in one lot with the existing house and barn which is substandard in terms of width thus requiring a lot width variance. The staff report recommends approval of the subdivision and lot width variance, subject to certain conditions. The Commissioners suggested that a compromise solution be developed to the problem of the encroachment of the two utility sheds on the easterly parcel. The compromise provides for the correction of the shed locations upon change of title or addition of accessory buildings to the property. Bean moved, Borkon seconded to recommend to the Council that it adopt the resolution as drafted approving a subdivision and lot area variance for Wallace and Elizabeth Peck. Motion passed 4/3. Hansen, Malam and Pisula voted nay. 1 . . . PLANNING COMMISSION MINUTES Wednesday, July 28, 1993 - Page 2 STUDY SESSION 2. COMPREHENSIVE PLAN - Community Facilities Chapter Nielsen reviewed and discussed with the Commissioners each section of the Community Facilities Chapter of the Comprehensive Plan which includes Utilities, Parks and Recreation, Public Safety, Natural Gas and Electrical Service, and Schools. Issues identified and discussed include dealing with the current water system and future development of a City water system. It was recommended that the City Engineer be requested to develop options dealing with the water issues. Nielsen stated a master plan has been developed for the Park system and the main priority in that category is funding. Additional work and discussion of the Community Facilities Chapter will be conducted by the staff and the Commissioners at future work sessions. - Land Use Nielsen presented and explained the City's zoning and land use maps. The Commissioners participated in a preliminary discussion involving land use regarding a developer's request for approval of cdncept and development stage plans for a 50-unit elderly housing project located on the north side of Highway 7 between Eureka Road and Seamans Drive. Approval would change the zoning of the property. Additional work and discussion of the Land Use Chapter will be conducted by the staff and the Commissioners at future work sessions. 3. MATTERS FROM THE FLOOR Hansen briefly commented on incidents in his neighborhood and suggested that "No Outlet" signs be posted on the street to alert drivers. Malam questioned the appropriateness of the size of a Lot for Sale sign on Christmas Lake. 4. REPORTS Council member Lewis reviewed the actions taken by the Council at its July 26 meeting and answered questions from the Commissioners. 2 -- . . PLANNING COMMISSION MINUTES Wednesday, July 28, 1993 - Page 3 5. ADJOURNMENT Pisula moved, Hansen seconded to adjourn the meeting at 9:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial 3 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 3, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Vice Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Vice Chair Borkon; Commissioners Bean, Bonach, Hansen, Malam, and Pisula; Planning Director Nielsen and Council Liaison Lewis. Absent: Chair Rosenberger. APPROVAL OF MINUTES - None. 1. 7:00 PUBLIC HEARING - REZONING R-1A TO P.U.D. - MEADOW WOOD COMMUNITY Aoolicant: Location: Diversified Housing, Inc. 25400 State Highway 7 Vice Chair Borkon announced the case of an application from Diversified Housing, Inc., 25400 State Highway 7, for rezoning R-1A to P.U.D.-Meadow Wood Community. She outlined the procedures for a Public Hearing. Nielsen reviewed the applicant's proposal to build a GO-unit, cottage style, elderly housing project on 7 acres located on the north side of Highway 7 between Eureka Road and Seamans Drive. The developer requests approval of concept and development stage plans which would change the zoning of the property from R-1 A, Single-Family Residential to P.U.D., Planned Unit Development District. Nielsen described the existing land use and zoning surrounding the site. He referred to the developer's exhibits which provide additional background and description for both the concept stage and development stage plans. He noted that since the P.U.D. is a proposed rezoning, a second public hearing is required and will be scheduled by the City Council after the Planning Commission has made its recommendation. Nielsen stated the City has recognized a shortage of housing for senior citizens in the South Lake Minnetonka area. A task force identified the market for senior housing in Shorewood and its Study of Senior Housing Needs was accepted by the Council in May 1991. It identified the need for 3 types of senior housing in the community, one of which is the step-down housing-cottage style-smaller single-family dwellings either attached or detached. The study indicated strong support by seniors for "bungalow" or "cottage" type housing, the type which is represented by the Meadow Wood Community. 1 . . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 2 The City's senior housing regulations are contained in the Elderly Housing Section and the Planned Unit Development Section of the Zoning Code. Nielsen described how the proposed development conforms to Shorewood's requirements and identified actions necessary to process the developer's request for concept stage approval (detailed in Nielsen's memorandum dated July 28. 1993, File No. 405 (93.20)). Issues of concern include: rezoning to accommodate a higher density; parking/garage requirements; landscape plan; signage plan; traffic impact; compatibility with residential development/neighborhood; water service; storm sewer/drainage; adequacy of emergency services/circulation/snow removal/trash. Nielsen indicated the proposed development has been reviewed and well received by the Senior Housing and Services Task Force. Nielsen recommended that no action be taken at this time given the issues raised in the staff analysis and suggested the developer be asked to modify his design to resolve these issues and others that may arise from the public hearing. Mr. Jud Knoll, representing his father, Vern Knoll, and Diversified Housing, Inc., stated the proposed development is a result of the recommendations of the Senior Housing and Services Task Force for single story cottage units for independent retirement age adults. In responding to issues raised by the staff report, Knoll stated that parking takes into consideration survey data that indicates 30% of potential residents do not have cars. While acknowledging a minimal impact on traffic, Knoll stated senior citizens do not run on a time schedule and indicated that seven single family homes on the site would generate nearly 1/3 more traffic than would this project. Knoll stated landscaping will be an integral part of the architecture and planning, however since the project will be changing in response to recommendations from staff and the public, that plan will be made available later. He clarified that the project will be 60 units and the 64 units shown in the drawings is in error. Removing the 4 extra units drawn will allow realignment of the roads on the east and meet the 50' setback and provide more garages. A landscape architect has been retained to develop the detailed landscaping to include buffering, the building space areas and pedestrian ways. Under the financing program, the minimum spent for each unit for landscaping is $600 which will result in a very well landscaped project. Knoll stated details concerning snow removal, trash, etc. still need to be considered and developed. He stated the project will be a good neighbor to the surrounding area in size and scope and is planned very well. The project will be of quality construction, no corners will be cut; every effort will be made to provide a superior project for the senior citizens who will occupy the residences. Details will be addressed and presented in a revised plan. Knoll described the elevation of the project noting the modules will look like a collection of single family homes with the exterior edges broken up to create interest and texture to the development. Vice Chair Borkon opened the Public Hearing at 7:45 p.m. She reviewed the guidelines for speakers explaining that a 3-minute time limit would be kept, that 2 . . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 3 questions asked by the public would be recorded by Commissioner Bonach, that the Planning Commission would address each question after the public hearing was closed, and that anyone wishing to speak a second 3-minute period could be heard again after completion of the initial sign-up list. Hansen explained that an adversarial attitude is not appropriate since this hearing involves the residents of Shorewood as friends and neighbors. Malam explained the Commissioners' role in gathering the public's informational input for its decision making, therefore argumentative nonproductive testimony is discouraged. Mr. Steve Frazier, 6125 Seamans Drive, referred to Nielsen's July 28, 1993 memorandum in his comments. He recommended that the developer's request for approval of both concept and development stage plans not be combined because many of the developmental aspects of the plan have not been addressed or seen. Page 2, item A: "to maintain compatibility with other uses within those district." Frazier stated this P.U.D. is not compatible with this district in that the project is surrounded by zoning allowing residential R1-A single family, 40,000 square feet area and is not transitional. Page 3, item 4: Parking. Frazier stated being the homeowner to the east overlooking the project, he will see 60 roofs and every car that goes in and out of the project. He continued that he is being asked to give up 40% of his homestead to facilitate the flow of traffic. With respect to Item 5: Frazier stated the landscaping plan has not been presented which is an integral part of this project. He stated the garages may be a way of screening, but asked what will screen the garages and their impact on the neighborhood. A signage plan has not been submitted. With respect to traffic, Frazier stated it will be a major problem. He challenged the validity of data presented that 30% of the potential residents would not own cars. Seamans Drive at Highway 7 has had major serious accidents and increasing the traffic by 180 trips will be significant. According to Frazier, the zoning ordinance was designed to protect the semi-rural atmosphere of Shorewood and 28 units would be allowed under the zoning ordinance, and that the developer should be required to abide by the 40,000 square foot requirement for single family homes. Mr. Don Willis, 24835 Yellowstone Trail, questioned whether this is subsidized housing and stated he prefers that Shorewood remain as it is and did not see a need to become progressive. He stated there would be no advantage to the City and noted the project is too distant from a shopping center. Mr. Jay Venero, 5985 Seamans Drive, expressed concerns regarding the wetland areas. He stated covenants attached to the project would not prevent it from becoming purely low income housing. Venero described difficulties regarding traffic and questioned what changes are proposed for Seamans Drive in the future. He expressed concern regarding the decline of property values in the area. He felt 60 units on the site is unacceptable in terms of density. Acknowledging the legitimate need for elderly housing, Venaro suggested the use of Freeman Park for such housing. 3 PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 4 e Ms. Kay Carlson, 25485 Highway 7, stated governmental involvement could result in the project becoming housing for mentally handicapped, a half-way house, etc. She questioned what changes would be made to Yellowstone Trail and Eureka Road and expressed concerns regarding drainage and declining property values. Mr. Bob Picha; 5930 Seamans Drive, questioned the plans for Seamans Drive and expressed traffic concerns. He inquired if the City will benefit through taxes and if the project is Federally funded. While admitting an open mind on this project, Picha supported the use of Freeman Park for elderly housing. Ms. Beverly S. Koehnen, 2036 Canterbury Road, Shakopee, representing Roy Seamans, stated the developer should provide an up-to-date survey noting that some of the property in this plat may belong to her father. She indicated the density departure proposed is not compatible with the area. Koehnen stated it may be difficult to find elderly residents desiring to live in the units. She stated the requirements of the current applicable ordinance should not be compromised. Mr. Roy Seamans, 6115 Seamans Drive, stated the project will add to congestion and preferred the neighborhood remain as it currently is. He questioned what will happen to assessments. e. Ms. Katie Snyder, 5985 Eureka Road, agreed with the concerns previously stated and the inappropriate nature of the proposal for the area. She requested clarification on the drainage issues. She inquired why the nursery is allowed to operate in that zoning district. Mr. Bob Gagne, 24850 Amlee Road, stated Shorewood will continue to change and grow and pointed out it is important that changes occur in a reasonable manner. He stated the Study conducted in a 5-City area shows the need for 400 units of senior housing and of the survey group, 1/2 wanted to buy and 1/2 wanted to rent. He stated affordability is a main concern for those seeking transitional housing. He stated the City's decision on this project yvhich would provide for rental housing needs will impact a large group of senior residents who have supported the City, schools, etc. over many years and indicated a favorable decision will allow long-time senior residents to remain in their community. Ms. Bernadette Thomson, 6100 Seamans Drive, stated she began the petition against the development. She reiterated the concerns stated by previous speakers. (The petition opposing the development signed by 79 residents referred to by Ms. Thomson was received by the City and Council.) Mr. Mike Agnew, 6065 Eureka Road, stated a decision should be deferred given the number of unanswered questions regarding the proposal. e Mr. Ronald Kramer, 5865 Eureka Road, expressed concern regarding the density of the project. 4 PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 5 Mr. Mike Kramer, 5425 Timber Lane, favor retaining the current zoning and expressed . concerns regarding traffic, drainage, and water services. Mr. Dan Sullivan, 6030 Seamans Drive, supported retaining the current zoning. Mr. Jim Thomson, 6100 Seamans Drive, expressed concern regarding plans to extend Seamans to Smithtown Road. Mr. Joe Boyer, 3630 Virginia Avenue, reiterated the concerns expressed by previous speakers and noted the lack of public transportation and questioned how the project would be regulated. Mr. Corey Nelson, 5980 Seamans Drive, asked whether written responses to the questions will be available. Borkon stated the questions and answers will be transcribed and made available to the public. Mr. Nelson reiterated the concerns expressed by previous speakers. He asked what specific reasons would be necessary to deny approval of the development. Borkon explained that this is the Planning Commission's initial review of the proposal; the Commissioners' role is to make decisions for the community; and the Commission makes recommendations to the Council for its ultimate vote and action. . Mr. Steve Frazier, 6125 Seamans Drive, continued his comments in reference to Nielsen's memorandum of July 28, 1993 and reiterated concerns expressed by previous speakers. Mr. Jay Venero, 5985 Seamans Drive, reiterated concerns expressed by previous speakers. Mr. Ben Hardenbergh, 5960 Seamans Drive, stated the Council's higher obligation should be to the people who live and pay taxes in the community. Ms. Bernadette Thomson, 6100 Seamans Drive, expressed concern regarding the safety of joggers and walkers in the Seamans area. Mr. Don Willis, 24835 Yellowstone Trail, questioned whether the proposal includes subsidized housing. Mr. Scott Picha, 5930 Seamans Drive, asked whether the developer was contacted by the City or if the developer approached the City. Borkon reiterated that the minutes of this meeting including questions and answers will be available to the public and stated a Public Notice will announce the date of the City Council hearing on this proposal. . Vice Chair Borkon closed the Public Hearing at 8:48 p.m. 5 . . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 6 The Commissioners addressed the questions raised during the Public Hearing. Is this subsidized housing? Is the government involved in this project? How will this project be financed? Vern Knoll stated the project is not subsidized housing and has no connection with HUD or FHA. It is a relatively new program popularized in the last 3 years under the Department of Revenue. The ultimate equity owners of the project get tax credits, so it is a private building loan. By giving the ultimate equity owners of the project tax credits the project can then carry under-market rentals. What does this project accomplish for the City of Shorewood? Was the developer contacted by the City or did the developer approach the City? Nielsen stated the City has expressed an interest in providing some senior housing in the City of Shorewood. This specific project would fill a need within that desire. Nielsen stated the City has contacted developers. As a result of the senior housing research work, the Council requested the staff to write letters to developers of senior housing inviting them to consider Shorewood in their expansion projects. This particular developer was not contacted, but was working with one that was contacted. Bonach stated senior housing was considered by the residents as an acceptable alternative for the southeast neighborhood above Old Market Road and Highway 7. Will the City make money through tax collection? Nielsen stated that it is taxable project, however, he noted the tax base has not driven any project in Shorewood. Borkon requested information comparing what the City wold gain if the property were developed with single family homes vs. the proposed senior housing development. Nielsen stated information for evaluation and comparison needs to be researched and developed. What changes are planned for Seamans Drive? Will Seamans go through to Smithtown? Will it be widened? Is Yellowstone Trail going to remain as is? Nielsen stated the only change proposed at this time is the realignment of Seamans Drive and Highway 7. He explained that the requirement of dedication of right-of-way from the owner of the house being built on Mann Lane is intended to serve some vacant property at the north end of Seamans Drive. The City has neither thought of or planned for any extension of Seamans Drive as there is no need for it since Eureka already extends to Smithtown. Malam asked whether Seamans was part of the MSA system. Nielsen stated it was not. Bean stated the realignment as discussed in connection with the Comp Plan is a concept idea recommended to increase safety at Yellowstone, Seamans and Highway 7. The developer was made aware of the City's long range plan for the improvement and took it into consideration in development of his concept drawings. What will happen to property values? What would be an acceptable percent of decrease in property values? Where will residents be able to recover financial losses- 6 . . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 7 from the developer or from the City? Nielsen stated the City's Comp Plan and zoning ordinances are intended to preserve property values to the extent possible. Bean stated there is no set percent and determination of value is a subjective process so whether this project would reduce property values is arguable. Hansen stated the code must be adhered to, therefore no decrease in property values would be allowed. Bonach inquired whether comparative information regarding the impact on property values is available from similar projects. Nielsen stated none is available, but this information will be researched. Will there be a traffic light on the corner of Eurel(a Seamans Drive and Yellowstone? Nielsen stated the Seamans Drive realignment is a result of the Highway 7 Corridor Study that extended from Highway 101 from the east end to the west end of Shorewood. That study identified areas along Highway 7 that should be improved, upgraded, etc. and also determined where, if any place, additional stop lights would be placed on Highway 7. The result of that study is no additional traffic lights are planned based on the 20-year plan. The Department of Transportation study, accepted with qualifications by the City of Shorewood, does not provide for a stop light at Eureka. The primary concern is to maintain the traffic flow on Highway 7. Will Highway 7 be improved? Nielsen referred to the Corridor Study which suggests widening of Highway 7 within the 20 year plan. Recently, the Department of Transportation has proposed an upgrade of Highway 7 west of Highway 41 limited to grinding and resurfacing and extension of right turn lanes in some locations. With regard to the speculation that widening might eliminate the ponding area, Nielsen stated that while the design plans are not yet drawn, the improvements would occur within the existing right-of-way and no additional right-of-way would be acquired. Malam stated that if MNDot adheres to its plans, the intersection of Seamans and 7 does not have a right turn lane. He pointed out these improvements on Highway 7 are under MNDot's jurisdiction. Why don't you use Freeman Park (designate parks for other uses)? Nielsen stated that although this concept has been discussed over the years, the City purchased Freeman Park with park dedication fees which requires that the land be used only for park purposes. There is a process for making other uses of City park land, however, the park fund must be reimbursed. The City has no plan to use Freeman Park for any other purpose. Bean stated if the City's priority is to provide senior housing perhaps all available City property should be evaluated, including parks, in consideration of this priority/commitment. What other sites were proposed and why were they rejected? Nielsen stated the senior housing survey included a cursory map of vacant property or property considered under developed in Shorewood. 1 5 parcels of land that were larger than 3-5 acres were identified. The Senior Housing Task Force evaluated the sites for 7 . . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 8 suitability for senior housing and made recommendations. They did not take into consideration the availability of City water to the sites. The staff asked the Planning Commission and Council whether it was advisable to identify specific sites for senior housing. The view of both bodies was that private development should determine the locations for senior housing and the proposals would be evaluated by the City. Identification of sites by the City, it was thought, could affect the cost of the site and possibly increase the cost of the project. Vern Knoll stated that in January 1993 he visited each of the sites recommended by the task force. He indicated certain thresholds were required for consideration: 1) lender's requirements (some city water service). He noted this site could be served by municipal water which extension would be paid for by the developer. 2) Must be located within one mile of a grocery store and a pharmacy. 3) Locate an owner willing to sell his property. 4) Accessibility to Highway 7. 27 sites were considered and this site was the only one that met the required thresholds. Assessment for improvements for road work? Nielsen stated that funding for the Seamans Drive realignment/improvement is not in place, but would likely be a cooperative effort with the Department of Transportation. Malam noted that a public information meeting will be conducted at the August 9 Council meeting regarding a proposed street reconstruction assessment policy lord inance. What will be the direction of the drainage on the site? Clarification regarding drainage. Nielsen reiterated the plans for drainage to the southeast. There is a designated wetland in the northeast corner. Further investigation will be conducted on the wetland which may be located on the south side of the site. Nielsen stated the City has a wetland ordinance which set aside existing wetlands in Shorewood to be protected by minimizing and/or discouraging any alteration to those areas. The Wetlands Conservation Act of 1991 further protects wetlands and in some cases goes beyond that of the City's. The effect of this is that a developer must provide a statement from a qualified expert stating there are no wetlands on the site, or if there are, identify ways in which they will be protected. Borkon and Malam noted that based on the Engineer's letter further issues regarding drainage require resolution. Nielsen stated it is the intent of the staff to provide answers to the questions not answered at this meeting to extent possible at the Planning Commission level. Why is the nursery allowed to operate in the R-1A district? Nielsen explained that the zoning code that allows single family homes on 40000 sq.ft. lots was established in 1973. In 1985, the zoning code was entirely amended and included the allowable uses from the '73 code which provided for nursery operations, not retail, but nurseries that grow plants. A C.U.P. was issued for the operation of the nursery. 8 - . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 9 Is there a specific traffic count that could reject this project? Is there a set number that would automatically trigger denial? Nielsen stated there is none. He explained that the review process includes determining the rate of traffic increase and City officials will decide the allowable degree of change. Nielsen pointed out there is no set number, however the Planning Commission and the Council take the traffic impact into consideration together with other factors in making its decisions. Bonach inquired whether the accident rate for seniors is higher. Hansen stated the traffic impact is a very important consideration for the Commission. Hansen requested additional information/clarification regarding the senior car ownership data and indicated that the lack of public transportation will require serious investigation. Under what conditions or to what level could occupancy drop before rentals would be available to persons other than the elderly? Knoll stated that in addition to Shorewood's requirements, the State requires signing a covenant that for 30 years the property must be rented to the elderly. Knoll stated that based on projects around the area, there will be no problem filling the units. In fact, he stated, it is doubtful the complex will be built before it is completely rented. A similar sized project has had 6 vacancies in the last four years. According to Knoll, the units will rent very well and very fast. Malam stated deed restrictions go with the property regardless of who may own it. Is there a limit to the density under the P.U.D.? Is this compatible with current zoning? Nielsen stated the P.U.D. specifically references the Comprehensive Plan. The current land use is semi-rural classification which allows 4 units per 40,000 square feet for senior housing. In addition to re-zoning, this proposal will require an amendment to the classification to allow a higher density. Nielsen noted that if the project is approved, but not completed, zoning would revert back to its original zoning district. What is the basis for the decision? Borkon stated many issues and considerations will be evaluated. Hansen stated although there are many factors and problems with this development the City's commitment to consider senior housing also must be weighed and considered as a significant part of the decision. Malam pointed out that with respect to the question regarding an up-to-date survey, before any property changes hands, a plat drawing, title opinion, encroachments, easements, etc. will be required by the lender. Knoll stated the proposal is based on a preliminary survey and is within 1 % or less of being a current survey. According to Knoll, any increase or decrease will not have any impact on the project. Malam expressed appreciation to the residents for their attendance and input which will weigh heavily on the Commissioners' decision. He indicated too many issues are unresolved to consider granting concept approval at this time. Borkon pointed out that the issues brought out during the public hearing require further study and evaluation. Bean suggested the City Assessor's office may provide assistance on the 9 . . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 10 property value issue and render an opinion on the comparative valuations. Lewis stated that the property value issue may also be a legal issue and should be referred to the City Attorney. Malam noted that property values are a subjective issue and the Code prohibits depreciation in the area. Bean questioned the realistic nature of moving the pond and what would be involved. Nielsen stated the City Engineer can address that issue. Nielsen stated given the number of areas of concern, he will request the attendance of the City Engineer and City Attorney at the meeting at which further discussion is scheduled. Bean requested additional background information on the developer and its other developments. Hansen inquired whether the Commissioners felt there were insurmountable problems regarding this proposal. He expressed his concern regarding density. He asked the developer whether 28 units would be economically feasible for his company. Mr. Knoll stated a GO-unit development is the target. Borkon agreed that the proposed density of the project is a major concern. Malam stated water service to the development must be resolved. Knoll stated that Chanhassen municipal water will provide superior yet less expensive service and is preferred as the better solution; however, either Shorewood or Chanhassen service is acceptable. Borkon expressed concern for the adequate provision of water for fire protection. Bonach stated that while the City has made a commitment to work toward housing for seniors, this proposal presents many questions that require answers before a decision may be considered. Borkon stated the proposal is worth pursuing since the City has made a commitment to senior housing, but outstanding questions must be answered and the pros and cons require close consideration. Pisula stated that so much information has been presented and so many questions remain, significant study of the proposal is necessary before any decision can be reached. Nielsen noted preliminary discussion with Chanhassen staff indicates their willingness to consider extension of its water system to service this project. Knoll informed the Commissioners the required deadline for submission of this proposal to the Minnesota Housing Commission is October 1; therefore a timely decision would be appreciated. Malam moved, Bean seconded to continue to Tuesday, August 17, 1993, the Public Hearing and consideration of Diversified Housing, Inc.'s application to rezone R-1A to P.U.D. - Meadow Wood Community, at 25400 State Highway 7, based on staff's recommendation detailed in Nielsen's memorandum dated July 28, 1993, and on the number of issues to be resolved including comparison of the tax basis between single family homes and the elderly housing complex; evaluation of the effect on adjacent property values; wetland/drainage issues; the impact of and traffic counts at Yellowstone, Seamans, Eureka and Highway 7; City Engineer's opinion as to the implications of moving the pond on the site; and presentation of information from the developer regarding examples of other similar projects of the company including materials used, degree of success, and impact on the neighborhoods of those projects. 10 . . . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 11 Motion passed 6/0. Nielsen encouraged interested persons to submit additional comments in writing. Borkon thanked the constituency for its interest and input on this proposed development. The meeting recessed at 10:00 p.m. and reconvened at 10: 1 0 p.m. 2. 7:15 PUBLIC HEARING - SETBACK VARIANCE Aoolicant: Location: Kerry Peterson 28110 Woodside Road Borkon announced the case of a request for a setback variance by Kerry Peterson, 28110 Woodside Road. Nielsen reviewed the applicant's request for a 35' front yard setback variance to construct an entry-way on the south side of his home. The proposed entry-way measures 8.5' x 16' and is proposed to be 15' from the Woodside Road right-of-way. The property, zoned R-1A, contains 27,904 square feet of area. Nielsen noted that nothing can be done on the property without a variance. He referred to the applicant's request letter describing the reasons for the request noting the house is located entirely within the 50' front yard setback area. The present entry-way opens directly into the dining room and has several disadvantages. Nielsen reviewed the factors supporting granting of the variance including: 1) the house pre-dates Shorewood's zoning regulations; 2) the configuration of the lot severely limits its buildable area; 3) the extra Woodside Road right-of-way (66' rather than the standard 50') results in the addition being almost 48' back from the traveled road; 4) the area between the street and the proposed addition is heavily landscaped and screens the structure from the street; 5) reorientation of the entry should increase the energy efficiency of this older home, which is recognized in the zoning code and allows encroachments for enclosed entries on older homes. Based on these factors, approval of the variance is recommended. Mr. Peterson briefly referred to his application letter and distributed elevation information that was not previously submitted. Borkon opened and closed the Public Hearing at 10:15 p.m., there being no comments from the public. Hansen noted the applicant has already begun work on this project. Peterson indicated that inside work and trim work on the windows and doors are in process. Hansen moved, Pisula seconded to recommend to the Council that it approve the request for a setback variance for Kerry Peterson, 28110 Woodside Road. 11 PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 12 Motion passed 6/0. . The Council will consider the recommendation at its August 23 meeting. 3. 7:30 PUBLIC HEARING - PRELIMINARY PLAT Aoolicant: Location: Charles Crepeau 23443/23445 Smithtown Road Borkon announced the case of the request for preliminary plat approval from Charles Crepeau, 23443/23445 Smithtown Road. . Nielsen reviewed the background to the applicant's proposal to subdivide his property. The property is currently occupied by two commercial buildings. They propose to separate the two businesses and subdivide the property in the process. The division is simple and meets or exceeds the requirements of the C-4 zoning district. Nielsen described the issues to be addressed regarding the subdivision request. Nielsen recommended the division be approved subject to a number of conditions. He noted the public hearing was originally scheduled as a preliminary plat, however, the proposed division qualifies as a simple subdivision which allows metes and bounds division of the property. Consequently a final plat is not necessary. Conditions attached to approval include: 1) the resolution approving the subdivision include the conditions in the 1988 c.U.p. for both lots; 2) the attorney review and approve the lot maintenance agreements submitted by the applicants; 3) provision of easement deeds subject to review and approval by the attorney; 4) provision of an up-to-date title opinion for review by the attorney; and 5) recording of the resolution within 30 days of approval. Mr. Charles Crepeau introduced his brother-in-law, Mr. Tom Lingo, who is the other business owner. Crepeau described their plans for the businesses and reasons for the subdlvision. Borkon opened and closed the Public Hearing at 10:25 p.m., there being no comments from the public. Bean requested clarification regarding the access to the site. Nielsen explained that Mr. Crepeau has complied with the previous C.U.P requirements. Malam inquired about the encroachment of a building on the site. Nielsen explained the existing easements and building conditions. He indicated the easements referred to in his report are along the two sides of the outside of the property and the new lot line and also the wetland area itself. He indicated he will discuss the need for the new center lot line with the attorney with a view to possible elimination of that requirement. . Bean moved, Bonach seconded to recommend to the Council that it approve a simple subdivision of the property at 23443 and 23445 Smithtown Road requested by Charles Crepeau, subject to the staff recommendations, and further that opinions be 12 PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 13 obtained from the Engineer and Attorney with respect to the requirements of the . easements of the newly established property line. Motion passed 6/0. . . The Council will consider this recommendation at its August 23 meeting. 4. 7:45 PUBLIC HEARING - SETBACK VARIANCE Aoolicant: Location: Kevin and Gail Towey 19495 Vine Ridge Road Borkon announced the case of the request for a setback variance from Kevin and Gail Towey, 19495 Vine Ridge Road. Nielsen reviewed the background to the applicant's request for a 7' rear yard setback variance to build a 14'x 14' four-season porch and a 14'x 14' deck on the rear of their house. Nielsen referred to the drawing of the proposed structure and to an optional drawing for the structure that would be allowed under the existing Code. Nielsen stated the setbacks for Covington Ridge are 35' front, 10' side, and 35' rear and noted the rear setback was reduced from 40' by agreement of the residents. Nielsen explained the issues noting that options exist for the applicant to build without a variance therefore making reasonable use of his property. He explained that the applicant's plight is largely a function of the choice of garage forward house design. Nielsen suggested if the builder misrepresented the property, the applicant may consider legal recourse against the builder. The applicant justifies the variance because of the wetland to the north of his lot. Nielsen pointed out however, that the zoning code specifically states that all lots are required to provide their own minimum open space and that while the area was originally planned for larger lots, the wetlands have already been used to oreate the smaller lots taken into consideration in allowing the smaller lots. The applicant suggests he is unable to accommodate normal additions on his lot. Nielsen stated, however, the proposed sizes are significant and not all the lots would be able to accommodate similar-sized structures. Nielsen stated there may be some justification for granting relief for the applicant. He explained that when the area was originally platted, it was proposed as a development with overall density of 2 units to the acre including the wetlands. Based on that density, the City used R-1 C setback requirements even though the lots were more typical of R-1D requirements. Nielsen compared the Near Mountain P.U.D. where 10,000 square foot lots have a 30' rear setback, 5' less than in Covington Vine Ridge. This suggests that given the similarity in the projects and the types of homes there may be a case for allowing a 30' rear yard setback in Covington Vine Ridge. Nielsen noted some reluctance, however, to change the rules for everyone in the development based on one person's request. Nielsen presented two options for the Commissioners' consideration: 1) amend the P.U.D. agreement for Covington Vine Ridge reducing the rear yard setback to 30 feet which would require the applicant to modify his plans by 2' or 2) grant a 5' setback variance recognizing that some precedent may be set for 13 PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 14 future changes and if similar requests are received, amend the P.U.D. setback . requirement at that time. Mr. Kevin Towey reviewed his request as described and justified in detail in his variance request and supporting documentation dated June 8, 1993. He explained the reasons for rejecting the option presented by the staff, based on practicality, use and resale value. He acknowledged the builder may have failed to provide adequate information when the design of their home was selected. Borkon opened the Public Hearing at 10:45 p.m. Mr. Jim Zerwas, 19505 Vine Ridge Road, stated that he supported the Towey's request for a variance, indicated the structures proposed are in keeping with the neighborhood style and would not impact the natural view and enjoyment of the wetland. Borkon closed the public hearing at 10:55 p.m. Hansen agreed with the desire to maintain uniformity in the neighborhood, but a reduction of the structures to 12'x 14' should be an acceptable option for the applicant. He supported granting a 5' variance rather than amending the P.U.D. for a specific problem. . Malam agreed the developer/builder may have misrepresented the lot and design. He noted the Commission's reluctance to spot zone and supported granting a 5' variance. Pisula noted that a 2' reduction in the variance request will reduce the square footage of the structures by only 4 square feet, and supported granting a 5' variance. Bean expressed difficulty in identifying a hardship in this case. Nielsen stated that since the setback was reduced from 40', no one has approached the City for a variance. Bean stated that by granting a 5' variance, a precedent is set for the neighborhood. Hansen stated that if requests are received, the P.U.D. can be amended at that time. Bean stated consideration should be given to whether it is reasonable and justifiable to amend the P.U.D. at this time. Hansen stated his concern is in regard to a precedent set to continuously amend the P.U.D. Nielsen explained the concern related to fairness to others in the neighborhood if the Ordinance is not amended. The Commissioners discussed the issues of hardship, reasonable use of property, consistency and fairness in the neighborhood and comparisons with adjacent developments. Bonach moved, Bean seconded to recommend to the Council that it amend the P.U.D. agreement for Covington Vine Ridge, reducing the rear yard setback to 30 feet. . Motion passed 5/1. Hansen voted nay. 14 . PLANNING COMMISSION MINUTES August 3, 1993 - PAGE 15 The Council will consider this recommendation at its August 23 meeting. 5. MATTERS FROM THE FLOOR Mr. Fred Katter, developer of Gideons Woods, informed the Commissioners that a report has been received regarding the Indian burial mound on the site and that the t developer wishes to appear before the Commission for preliminary plat approval at its August 17 meeting. Hansen inquired whether applicants coming before the Commission are advised of circumstances, such as prior agenda items, which may delay the time at which they are scheduled to appear. Nielsen indicated applicants are informed, however he noted it is difficult to determine the length of any public hearing. Hansen commented on the nature of the constituency appearing before the Commission at this meeting. The Commissioners, Lewis and Nielsen commended Vice Chair Borkon for her skillful conduct of the meeting. 6. REPORTS - None. 7. ADJOURNMENT Malam moved, Bonach seconded to adjourn the meeting at 11 :15 p.m. . Motion passed 6/0. . RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as strikeouts (deletions) and italics (additions). 15 . , PltLnnif\4 ~tr)i&6'.~ m~ J 3 iLLa- l~'~ 4 IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW ----(} · REPRESENTING 1151);- .;1:/ tJ~O. EF" Se\~ / ../ ,/ ,J ./ I ( I v , \ \ I i J I i ~. 4;V~ i:::> /J; v ,/ V / .1/ .. ~ . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 17, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Vice Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger (entered the meeting at 7:15 p.m.); Commissioners Bean, Borkon, Malam and Pisula; Planning Director Nielsen and Council Liaison Lewis. Absent: Commissioners Bonach and Hansen. APPROVAL OF MINUTES Minutes of the August 3 meeting were deferred to the September 7 meeting for approval. Hansen Pisula moved, Pisula Bean seconded to approve the minutes of the Commission's July 28, 1993 meeting. Motion passed 4/0. 1. PUBLIC HEARING - REZONING R-1A TO P.U.D. MEADOW WOOD COMMUNITY - CONTINUED FROM AUGUST 3 - POSTPONED TO SEPTEMBER 7. 1993 2. GIDEON'S WOODS P.U.D. - DEVELOPMENT STAGE APPROVAL Aoolicant: Location: Katter Development Corporation 24590 Glen Road Borkon announced the case of Katter Development Corporation's request for approval of Revised Development Stage Plans for Gideon's Woods P.U.D., 24590 Glen Road. Nielsen stated the Corporation has requested development stage approval of its P .U.D. and a number of items were required as part of the concept stage approval including investigation of the site from an archeological and historical perspective. The archeological and Indian mound investigations have been completed. He referred to the Cultural Resource Reconnaissance Survey and Cemetery Assessment prepared by Grant Goltz and Katter's June 22 correspondence to the Indian Affairs Council requesting a variance regarding the burial mound, which has been accepted and signed by the Council. In addition, Nielsen referred to July 7 correspondence from the Minnesota Historical Society in which they acknowledge review of the Indian mound 1 . . . PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 2 study. However, it is unclear what the Society means by its statement that this does not address the requirements of the National Historic Preservation Act and that if the project is considered for Federal assistance, it should be submitted to the Historical Society's office. Tom Katter stated that Section 106 of 1966 Preservation Act requires a Federal permit or license if Federal funds are used under procedures of the Advisory Council on Historic Preservation. He stated the project does not involve Federal funds, therefore does not require a Federal license, and those procedures and requirements do not apply to this project. Nielsen has been unable to determine whether the City will receive formal documentation with respect to the apparent approval of the Katter variance request regarding protection of the Indian mound. Tom Katter clarified that artificial barriers such as a fence are not allowed, but protection must be provided by a natural hedge and no trees or bushes may be cut or removed within 50' surrounding the mound. The variance granted allows development within 25' of the mound and the Corporation has agreed to several conditions regarding protection under this variance. Nielsen reviewed the staff report which raises the following issues: 1) the lot with the relocated Gideon house should be identified as Lot 17; 2) the relocated house could maintain a 35' setback typical with the character of the lots on Glen Road and the garage should be setback 40' from the north line of the lot; 3) consider a design for the new garage to reflect the character of the Gideon house; 4) the landscape plan shows significant vegetation will be preserved, however it conflicts with the proposed grading plan which extends grading limits all the way to the County Road 19 right-of- way and shows relocation of the pond to the southerly edge of the site; the landscape plan should be revised to show not only existing vegetation to be saved and a description of the method used for preservation, but also show replacement trees in the area disturbed by construction; 5) the landscape plan should enhance the buffer on the west side 6) landscaping at the entry of the relocated house should reflect the work of Peter Gideon such as plantings of apple trees; and 7) the City Engineer's review of the revised grading and drainage plan describes concerns relating to the adequacy of the information provided primarily regarding site runoff with regard to the relocation of the pond and its drainage and the run-off rate must be maintained to pre- development conditions; comments should be received from the City of Tonka Bay regarding its water service to the development; and the grading/utility plan must be signed by a registered professional engineer. Based on the issues raised in the staff report and by the City Engineer, Nielsen stated staff is not ready to recommend approval of the development stage plans. He suggested the request be tabled until the Engineer's concerns have been reviewed to his satisfaction and until the staff issues raised, specifically the landscaping plan, are addressed and revised. Mr. Fred Katter, representing Katter Development Corporation, responded to the issues raised in the staff report and Engineer's letter. He stated the runoff calculations were provided in the concept stage and no changes have occurred in those calculations. Nielsen clarified that the issue is how the size of the pond relates 2 PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 3 . to the runoff calculations. Katter stated the pond will be sized so it functions and the calculations could be determined without delaying approval of the developmental stage. The City's requirement of no greater runoff after development than before development will be maintained. Katter stated their continuing intent is to improve the area's infrastructure. Nielsen stated the development stage plans must include the details of the size of the pond and the required calculations. Rosenberger commended the developer for the work already performed, however, he preferred review and approval of the plans by the City Engineer prior to a decision on the development stage. Katter stated those details are customarily worked out at the staff level. Rosenberger moved, Malam seconded to table action on Katter Development Corporation's request for approval of revised development stage plans, Gideon's Woods P.U.D., 24590 Glen Road, until September 7, 1993, in order that complete information may be provided and considered regarding the issues raised in Nielsen's August 12, 1993 memorandum and Dresel's August 17, 1993 letter. The Commissioners agreed to hear the remainder of Mr. Katter's remarks before voting on the motion. . Nielsen stated identification of Lot 17 with the relocated Gideon house could be changed with the final plat. With regard to the setbacks of the house and garage, Katter stated the structures will be moved to amplify the surrounding plantings and the garage placement and roof will be redesigned. Katter described the tree preservation method and stated the developer will work with the staff and the landscape engineer to preserve the maximum number of trees. He indicated the erosion control fence will be relocated to prevent drainage and described the trees to be planted on the site. The University's Department of Forestry will be consulted and apple trees will be planted in the area of the relocated Gideon house. Katter reiterated the details of the variance granted by the Indian Affairs Council under conditions agreed to by the Corporation. As part of the Association's covenants and restrictions, protection of the Indian mound will be recorded with the land. Katter stated the relocated pond has a greater water holding capacity as it is larger in size. The size of the pond at the previous location was limited due to the number of trees in the area. Katter requested the Commission's approval subject to Katter Corporation's consultation with and approval from the City Engineer's office prior to the Council meeting in order that the Corporation may continue work on the project in the interest of the home buyers wishing to occupy the development. Katter stated permission was received from the City of Tonka Bay last October to provide water service to the development and minutes of the meeting in which approval was granted will be . provided. 3 PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 4 . Borkon expressed concern about an apparent misunderstanding regarding the completion of a number of items in this P.U.D. request. Nielsen stated two major issues: the landscaping plan was only received last week not allowing sufficient time for consultation with the developer, and with respect to the drainage information, the City Engineer responded in a timely manner, however, the developer did not include the necessary information associated with the revised pond location. Bean inquired whether detailed information regarding the trees to be preserved is adequate. Nielsen stated the landscape plan should identify those trees. Katter verified the trees shown on the plan will be saved. Bean requested that formal documentation from the City of Tonka Bay regarding the water service to the development be provided to Shorewood and independent confirmation to the City from the Minnesota Historical Society should be obtained. Pisula requested clarification regarding the replacement of removed trees. Katter agreed that trees removed will be replaced with an equal number of caliper inches and the replacement trees will not be less than 6" in diameter. Borkon requested clarification regarding the design of the garage. Nielsen indicated those details may be included in the final plans. Motion passed 5/0. . 3. HOUSE MOVING PERMIT Aoolicant: Location: Stubb's Building Movers Timber Lane Rosenberger announced the case of review of a house moving permit for Boyer Construction to move a house at 5580 Timber Lane. Nielsen stated this request is before the Commission because the City's Code does not distinguish between those moved into or out of the city. This building is being moved to a location in New Germany, therefore Code requirements are under jurisdiction of that City. Shorewood's concern is primarily the Timber Lane portion of the route upon which the building will be moved. The County and the Department of Transportation will act on the County Road 19 and Highway 7 portion of the route. Nielsen recommended approval of the moving permit subject to necessary approvals by the City Engineer and the police department. Borkon moved, Malam seconded to recommend to the Council that it approve a house moving permit for Boyer Building Corporation subject to the City Engineer's approval of the route and the police department's approval of the date and time of the move. . Motion passed 5/0. 4 . . . PLANNING COMMISSION MINUTES August 17, 1993 - PAGE 5 4. STUDY SESSION: COMP PLAN - COMMUNITY FACILITIES Nielsen distributed the Chapter Outline of the Community Facilities/Services Plan of the Comprehensive Plan. He reviewed the issues related to each section: Sanitary Sewer; Water System; Storm Sewer; Parks and Recreation; Public Safety; Solid Waste; Natural Gas, Electrical, and Cable Television Services; Municipal Buildings; and Schools. Nielsen distributed and reviewed options for Solid Waste-Refuse Handling. Rosenberger provided current cost information and suggested that option 3. be considered and studied further for possible implementation in Shorewood. The Commissioners discussed the current program and considered the options presented for refuse handling. Information on other communities service programs will be provided for review at a future meeting. 4. MATTERS FROM THE FLOOR Malam reported that property owned by the Minnewashta School is for sale and asked whether the proposed location of the water tower is on that parcel. Nielsen clarified the water tower location is on property remaining with the school and work is in progress to formalize that transaction with the school district. Rosenberger requested that the Commission be kept apprised on this matter. It was noted that Commissioner Bonach will continue to serve on the Commission until the end of 1993. Malam commented on concerns regarding traffic safety in the Near Mountain neighborhood. Rosenberger requested distribution of an updated calendar of study session topics and meeting dates. 5. REPORTS Councilmember Lewis reviewed actions taken by the Council at its August 9, 1993 meeting and answered questions from the Commissioners regarding several of the agenda items. 6. ADJOURNMENT Borkon moved, Pisula seconded to adjourn the meeting at 9:10 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as strikeouts (deletions) and italics (additions). 5 ~. .. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 7, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borkon, Hansen, Malam and Pisula; Planning Director Nielsen, Engineer Dresel, and Council Liaison Lewis. Administrator Hurm and Councilmember Stover participated in a portion of the meeting. APPROVAL OF MINUTES Borkon moved, Hansen seconded to approve the minutes of the Commission's August 3, 1993 meeting, amended on Page 2, Paragraph 5, Sentence 2, to read: " .. .guidelines for speakers exolaining that a 3-minute time limit would be keot. that auestions asked bv the oublic would be recorded bv Commissioner Bonach. that the Planning Commission would address each auestion after the oublic hearing was closed. and that anvone wishing to soeak a second 3-minute oeriod could be heard again after comoletion of the initial sign-uo list. "; on Page 7, Paragraph 1, Sentence/Question 1 to read: "...on the corner of Seamans Drive and Yellowstone?"; on Page 7, Paragraph 6, Sentence 3 to read: "The Senior Housing Task Force... ."; and on Page 13, Paragraph 1, Line 14 to read:" ...,the wetlands have alreadv been taken into consideration in allowing the smaller lots. " (Added material underscored.) Motion passed 7/0. Borkon moved, Pisula seconded to approve the minutes of the Commission's August 17, 1993 meeting, amended on Page 1 under Aooroval of Minutes, Sentence 2, to read: "Pisula moved, Bean seconded to approve the minutes of the Commission's July 28, 1993 meeting." (Corrected names underscored.) Motion passed 7/0. 1. GIDEON'S WOODS P.U.D. DEVELOPMENT STAGE APPROVAL - Tabled from August 17, 1993. Apolicant: Location: Katter Development Corporation 24590 Glen Road 1 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 2 Chair Rosenberger announced the case of Katter Development Corporation's request for approval of the development stage plan for Gideon's Woods P.U.D., 24590 Glen Road. Nielsen reviewed the Applicant's development stage plan as revised since tabling on August 17, and detailed in his report dated September 3, 1993 and in the Engineer's September 7, 1993 letter. The developer's revised grading plan includes a larger ponding area in the southeast corner of the site, redesign of the proposed garage for the Gideon home, and an understanding of a final landscape plan. Nielsen stated that according to the Engineer, the pond will be sufficiently sized and site grading will be designed to actually reduce the rate of runoff to the west by at least 15% of the predevelopment rate. City water will be provided by Tonka Bay under an existing water service agreement; the developer must pay the required fees. The landscape plan shows that existing vegetation on the west side of the property will be protected; some existing vegetation can be preserved on the east side; white pine and spruce trees no less than 6' in height will be used to create a buffer between the proposed structures and County Road 19; and a mixture of apple and other fruit trees will be planted around the relocated Gideon house. The Historical Society will assist in ensuring the accuracy of the historic plaque to be incorporated into a stone monument at the entry to the site. The final landscape plan will detail how existing trees will be preserved. Any mature trees identified to be saved will be replaced on the basis of caliper inches if lost to construction. Further review by the Historical Society is not necessary. Nielsen suggested that verification that no further documentation is necessary from the Indian Affairs Council be included in the conditions for approval. The developer will break the Gideon house garage into two structures and move them to a location 40' from the rear lot line and the garage design will be adjusted to reflect the character of the house. The developer must obtain required permits listed in the Engineer's letter prior to a issuance of a grading permit and prior to final plan approval. In addition to the final detailed landscape plan, the developer must provide, prior to final plan approval, maintenance and protective covenants covering the Indian mound and the Gideon house and provision for ownership and maintenance of the utilities on the site. Nielsen recommended approval of the revised development stage plan for Gideon's Woods P.U.D., subject to the conditions described. Bean noted the developer previously agreed to providing replacement trees no less than 6" in diameter. Hansen commended the developer for excellent responses to the issues raised previously by the Commission and staff. Hansen moved, Malam seconded to recommend to the Council that it approve the development stage plan of Katter Development Corporation for Gideon's Woods P.U.D., 24590 Glen Road, subject to the staff recommendations, and pending verification from the Indian Affairs Council, and that replacement trees will be on the basis of caliper inches with a minimum of 6" in diameter. Motion passed 7/0. 2 PLANNING COMMISSION MINUTES September 7. 1993 - PAGE 3 . The Council will consider the recommendation at its September 13. 1993 meeting. 2. 7:30 PUBLIC HEARING - PRELIMINARY PLAT - RIDGE ROAD ADDITION Aoolicant: Location: Robert Engstrom Company South End of Ridge Road on Silver Lake Chair Rosenberger announced the case of a request for preliminary plat approval from Robert Engstrom Company for Ridge Road Addition. He outlined the procedures for a public hearing and requested that those wishing to speak sign up on the sheet provided. Nielsen reviewed the request to subdivide the property on the east side of the south end of Ridge Road and Silver Lake into two lots. The property is zoned R-1 A and is also subject to the requirements of the Shoreland District. An old silo and the foundation of an old out-building currently occupy the site. Lot 1 is proposed to contain 42,500 square feet of area and Lot 2 is proposed to have 69,800 square feet. The applicant has shown how future homes might be placed on the lots and how access could be provided to them. Nielsen stated both lots comply with the dimensional and area requirements of the zoning district. . Nielsen pointed out that as with other recent subdivision requests, site access is a concern, although the topography of this site is not as severe as other sites in the vicinity. The proposed plat shows driveway grades at 10%, the maximum allowed. Staff has suggested that additional parking area for each lot at the top of the site be provided. These recommended parking areas provide parking during severe weather and serve as pull-outs for traffic on Ridge Road. Nielsen recommended approval of the preliminary plat subject to the following conditions: the final plat must be submitted within 6 months of Council approval of the preliminary plat and provide the required drainage and utility easements; Exhibit C, Recommended Parking/Pull-out Areas, be included in the final plat resolution; existing nonconforming structures must be removed; required park dedication and local sanitary sewer access charges must be paid prior to release of the final plat; application for final plat must include a title opinion or commitment for the City's review; and driveways for the proposed lots shall not exceed 10% grade and site grading must not result in disturbed slopes exceeding 3: 1. Robert Engstrom confirmed the information presented and pointed out that two substantial homes will be built on the site. He indicated he is aware of the concerns regarding deterioration of the private street. Chair Rosenberger opened the Public Hearing at 7:35 p.m. . Allan Ostehauge, a resident of Ridge Road representing the Ridge Road Homeowners Association, stated the residents must protect their investment in the private road since they must repair it. The proposed construction is located at the end of Ridge 3 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 4 Road which means the entire length of the road will be used and will cause further deterioration, therefore the association requests that a bond be posted to cover any repairs to damage occurring because of the construction. He expressed concern regarding the driveways and requested that the grade be 10% or less. Safety of the residents is a concern particularly during the winter season. Ostehauge agreed it is imperative that provision be made for additional parking at the top of the roads for inclement weather and gue~t parking as well as during the construction period. He recommended that the setbacks be closely reviewed and that the requirements be adhered to. Ostehauge stated the silo and building on the property are part of the history of Ridge Road and the surrounding community. The Historical Society is currently reviewing their historical status and value to the community. Ostehauge requested that the review be completed prior to issuance of the proposal's required permits. Colleen Nelson, a future resident of Ridge Road, indicated the structural soundness of the silo has been reviewed and although it may add to the charm of the location, it is considered unsound; however, she suggested something may be done with the bricks. She stated the plans for her home meet the necessary setback requirements. Chair Rosenberger closed the Public Hearing at 7:45 p.m. With regard to Mr. Ostehauge's request that a bond be posted to assure repair of construction damage to the road, Nielsen stated this has not been required since covenants of the homeowners association provide for maintenance and repair of the private road. However, he recommended referring the matter of requiring a bond to the City Attorney. Borkon inquired whether the association has been in contact with the developer regarding road deterioration during construction. Ostehauge indicated a conversation with the developer did not reach a conclusion. He further stated there is hesitancy in contacting neighbors with respect to road repairs. Bonach agreed that approval of the development at the end of the road will further deteriorate the full length of the road. Hansen stated it cannot be assumed that construction will damage the road. However, Bonach indicated the developments on that road have in fact contributed to deterioration of the road. Borkon acknowledged the City has no jurisdiction over private roads, but agreed that the road is in poor condition and pointed out that heavy trucks break it up creating large dangerous potholes. Hansen stated it appears the association may not have maintained the road adequately over the years. Rosenberger requested clarification of the City's responsibility for private roads. Nielsen stated private roads are generally discouraged; however, in cases of private roads constructed in conjunction with developments, the City requires that the homeowners association bylaws provide for assessments for maintenance of the common roads and facilities. He indicated the Ridge Road association may be somewhat vague in this regard. While the residents prefer that the road remain private, the City provides for improvements as it can by requiring the additional parking/pullout areas. Nielsen reiterated that he will request an opinion from the City 4 PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 5 . Attorney regarding posting of a bond for any further road damage caused by construction related to this subdivision, although he pointed out it may be difficult to determine the extent of damage that may be attributed to this particular subdivision. Bean reiterated it appears the homeowners association may not have adequately maintained the road during development of the area over the years. Further, Bean pointed out, it is unfair to require the developer of the last property on the road to be responsible for road repairs. Hansen stated opposition to requiring a bond and explained that the association as a neighborhood, of which the new residents will be part of, should be responsible collectively, rather than this particular developer exclusively. Bean agreed with Hansen's viewpoint and reiterated that although the road is in poor condition, the City has no jurisdiction over Ridge Road. Bonach recalled that in conjunction with approval of an earlier development in the area, it was suggested the builder and the association work together to resolve conStruction damage issues. Rosenberger agreed it was imperative for the developer and the association to work toward resolution of the issue. Mr. Engstrom described his difficulty in determining the appropriate officials of the association, indicated this may provide the opportunity for the association to take appropriate actions and expressed his full cooperation. . With regard to the issue of the driveways and pull-out/parking areas, Nielsen reiterated that the pullout areas will be added to the developer's grading plan (Exhibit C) and made a part of the approval resolution. He stated the setback requirements are adequately met as the lots have substantial buildable area. With regard to the issue of the historical value of the silo, Nielsen indicated the Historical Society is assisting in determining the age of the structure. If the structure qualifies, the process involved for preservation may be lengthy. Hansen stated that nothing on this property is currently on the historical registry, therefore, the issue has no impact on action taken on this preliminary plat request. Malam expressed concern regarding the safety of the silo and suggested the association be responsible for making it safe and/or preserving it. Bean stated the structure is nonconforming and from the City's standpoint, the safety issue must be addressed before the historical value question. . Bonach expressed concern regarding the continued destruction of the road which will be further exacerbated by approval of this development and expressed frustration in the City's inability to control this. She stated the construction contractors and subcontractors should be required to repair the road. Borkon inquired whether the fire department services Ridge Road and whether the City has responsibility for the road in that connection. Nielsen explained the fire department serves that road and is paid for through the General Fund, however the City does not have jurisdiction over maintenance or repair of the road because it is private. Nielsen stated the City has not required a bond for road repairs related to construction on City streets. 5 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 6 Bean moved, Hansen seconded to recommend to the Council that it approve the Ridge Road Addition preliminary plat request of Robert Engstrom Company at the south end of Ridge Road on Silver Lake, subject to the staff recommendations detailed in Nielsen's September 3, 1993 report, including removal of the nonconforming structures. Motion passed 5/2. Bonach and Borkon voted nay. The Council will consider the recommendation at its$eptember 27, 1993 meeting. 3. 7:45 PUBLIC HEARING - SETBACK VARIANCE Aoolicant: Location: Ernest Pavlisich 27470 Pine Bend Chair Rosenberger announced the case of a request for a setback variance by Ernest Pavlisich, 27470 Pine Bend, and outlined the procedures for a public hearing. Nielsen reviewed the background to the request noting that Mr. Pavlisich, the current owner of the property, proposes to build an addition similar to one proposed by the previous owner, Mr. Norenberg. He stated the previous owner was granted a setback variance in 1986, however the addition was not built and the approval expired after one year. Additional living and garage space will be built on the east side of house. The corner lot is narrow and is subject to 50' setback requirements on both Howards Point Road and Pine Bend. An 18' variance is requested in order to align the addition with the existing house line along Pine Bend. Nielsen indicated the analysis contained in the 1986 staff report is still valid, however, the recommendation to prohibit further expansion to the south could be modified to anticipate a future deck or patio. Nielsen recommended approval of the variance. Mr. Pavlisich stated the report by Nielsen accurately reflected his request. Chair Rosenberger opened and closed the Public Hearing at 8: 1 0 p.m. there being no comments from the public. Bean inquired why the entire home is in variance with the buildable area. Nielsen indicated it is likely that the home pre-dates the ordinance. Malam concurred with the recommendation noting that the narrow lot precludes other options. Bean moved, Borkon seconded to recommend to the Council that it approve the request of Ernest Pavlisich, 27470 Pine Bend, for a setback variance subject to the staff recommendations, and that no further building be allowed to the south side of the property other than to erect a patio or deck with a depth limited to no more than 12 feet. Motion passed 7/0. 6 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 7 The Council will consider the recommendation at its September 27, 1993 meeting. The meeting recessed at 8: 15 p.m. and reconvened at 8:20 p.m. 4. SIMPLE SUBDIVISION Aoolicant: Location: Shirley Frantz 4815 Suburban Drive Chair Rosenberger announced the case of a simple subdivision request from Shirley Frantz, 4815 Suburban Drive. Nielsen reviewed the background to the proposal to subdivide the property into 3 lots. The property is zoned R-1C and contains approximately 69,472 square feet of area. The Frantz home is located on the middle of the 3 proposed lots. Nielsen stated the proposed lots comply with the dimensional and area requirements of the zoning district. He noted that even though the westerly most lot is surrounded by public right-of-way on three sides, it has ample buildable area. Although the location of the exiting house does not comply with rear yard setback requirements, this subdivision will not increase the nonconformity. Nielsen recommended approval of the subdivision subject to: preparation of legal descriptions for drainage and utility easements to be incorporated into deeds in favor of the City; provision of a title opinion or commitment for review by the City Attorney; payment of park dedication and local sanitary sewer access charges for Parcels A and C; and recording of the division within 30 days after Council approval. Malam moved, Hansen seconded to recommend to the Council that it approve the simple subdivision proposed by Shirley Franz, 4815 Suburban Drive, subject to the conditions detailed in the September 2, 1993 staff memorandum. Motion passed 7/0. The Council will consider the recommendation at its September 27, 1993 meeting. 5. BUILDING MOVING PERMIT Aoolicant: Location: Rolf B. Torkelson 23690 Gillette Curve Chair Rosenberger announced the case of a request for a building moving permit from Rolf B. Torkelson, 23690 Gillette Curve. Nielsen stated the existing garage on the Gideon's Woods project will be moved to Gillette Curve by way of Glen Road, County Road 19 and Minnetonka Drive. He recommended approval of the request subject to approval of the route by the City Engineer and approval of the time and day by the police department. Movement on 7 PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 8 . County Road 19 must be approved by Hennepin County. Nielsen stated the site plan for the new location on Gillette Curve complies with the zoning district setbacks. Borkon moved, Bean seconded to recommend to the Council that it approve the request for a building moving permit for Rolf B. Torkelson, 23690 Gillette Curve, subject to the City Engineer's approval of the route and the police department's approval of the date and time of the move. Motion passed 7/0. The Council will consider the recommendation at its September 13, 1993 meeting. 6. PUBLIC HEARING - REZONING R-1A TO P.U.D. - MEADOW WOOD COMMUNITY - Continued from August 3, 1993 Aoolicant: Location: Diversified Housing, Inc. 25400 State Highway 7 . Chair Rosenberger announced the continuation of the case of a rezoning request from R-1A to P.U.D. for Meadow Wood Community-Diversified Housing, Inc., 25400 State Highway 7. He outlined the procedures for a public hearing and stated that residents wishing to speak, must sign up to do so. He stated 20 minutes will be allowed for comments from the applicant and from Shorewood Homeowners Association representatives collectively. Nielsen stated additional materials have been provided in response to issues raised at the initial hearing on August 3, 1993. This information includes: the developer's revised concept plan showing 44 units rather than 60; City Engineer's report re: traffic counts and water service capability; City Attorney's report re: age restriction requirements; DNR letter and response re: Shoreland requirements; and City Assessor's report re: property value impact. In addition, the developer has provided a report dated September 7 addressing some of the concerns and a traffic analysis prepared by Barton-Aschman Associates. Nielsen reviewed the DNR's response which addresses a number of issues in addition to the Shoreland Management Regulations, including wetlands, stormwater treatment, erosion control and construction dewatering. Its response to the specific question with respect to Shoreland Management Regulations indicates this project would not adversely impact the shoreland district. DNR indicates there is likely another wetland on the south portion of the property and it must be delineated as part of any further approvals. . . Nielsen stated the developer has submitted a conceptual landscape plan. He has requested distribution of the senior housing task force site map and intends to address why this particular site was chosen over some of the others. Nielsen noted that letters regarding this project and senior housing in general have been received from a number of senior residents. 8 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 9 Jud Knoll, architect, planner and developer of the proposed project, stated the Meadow Wood Community project is at the concept stage, described the purpose of this stage as outlined in the City's zoning code and noted the elements that must be included in the general concept plan. He stated the materials submitted to date exceed those required for review under the P.U.D. concept plan. He submitted the materials which would normally be required for the next review stage to demonstrate his personal commitment to the high quality of design. He noted this is not the final approval on this project and described the sequence of events and approvals required. He described the project concept based on single story cottage style units grouped in clusters. Knoll stated the plan has been reduced from 60 to 44 units, all set back requirements have been met or exceeded, the Shoreland requirements have been met, and the landscape plan submitted meets or exceeds all the major elements required. Knoll reviewed the conclusions reached by the traffic consultant that the proposed development would have no measurable impact on traffic operations or safety on the surrounding street system, the development would generate only 26 more total trips on a daily basis than 7 single-family homes, which increase would be virtually undetectable to a casual observer. Knoll stated that in his experience, this is the first instance that he has encountered the notion that senior housing causes property devaluation. He indicated zoning codes provide for protection of property values and emphasized that senior housing does not decrease the value of surrounding property. He referred to a similar project located in Maplewood where adjacent property has not devalued and to the City Assessor's statement supporting the view that the project will not have a detrimental effect on the surrounding properties. Knoll stated retired persons make conscientious neighbors. Acknowledging that another wetlands area may exist in the southeast corner of the site, Knoll reviewed the consulting engineer's report dated September 3, which concludes that the Watershed District concerns can be addressed by using the ample areas on the south and west sides on the proposed site plan if it can be shown that the wetland in southeast corner cannot be avoided and that impacts to the wetland have been minimized. Knoll stated the plans are viable and additional engineering work will be completed to address the wetlands issue in the developmental stage plans. Knoll stated the profit to be accrued from this project is limited to 6% by the Housing Authority and the Federal government. Knoll stated the primary criteria for site selection is to locate the very best site to be found for deserving senior citizens. Knoll stated the legitimate concerns of the citizens and the City of Shorewood regarding the project have been professionally addressed, the decision on this proposal will test the City's commitment to senior housing, and reiterated that the proposal offers affordable quality housing on the best site available in Shorewood. Vern Knoll, Tonka Bay, father of Jud Knoll, reviewed the site selection criteria and process and described the elimination procedure of the other sites identified by the senior citizen task force. Chair Rosenberger opened the public hearing at 8:50 p.m. and reviewed the guidelines for the hearing including speaker time limits. 9 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 10 Steve Frazier, 6125 Seamans Drive, stated that spokespersons of the Shorewood Homeowners Association, will present concerns, questions and independent findings regarding the proposal including the developer's qualifications, traffic and wetlands issues and zoning violations. Frazier commented on the Planning Commission's charge and responsibility to the City and its residents to maintain a semi-rural residential City and to preserve family homes and quiet neighborhoods. He described the project as being high density with a highly transient population and expressed opposition to the proposed' project because it would infringe on the semi-rural character of the neighborhood and is inconsistent with the City's comprehensive plan. Mike Peterson, 5910 Eureka Road, presented information examining the professional architectural qualifications and credentials and motivation of the developer. He stated the Shorewood I Homeowners Association has reserved the Diversified Housing, Inc. name until January 4, 1994, since the authority to use the name was not renewed by the developer when it lapsed on September 5. He stated opposition to the proposed development based on the ambiguous character of the developer. Jim Thomson, 6100 Seamans Drive, presented photographs of the wetlands on the proposed site and stated the proposed development would have an adverse impact on adjacent properties. Cory Nelson, 5980 Seamans Drive, spoke on issues concerning traffic and safety related to the project. He presented data to support the site's incompatibility with the area and as a dangerous site selection for seniors. Bernadette Thomson, 6100 Seamans Drive, cited various City ordinances relevant to the proposed development, described how the proposed development violates those ordinances, and requested that the City respect the integrity of its ordinances. Ms. Thomson asked when this matter will go to the City Council if approved by the Planning Commission. The Council will likely consider the Commission's recommendation at its October 11, 1993 meeting. (Nielsen later advised that it could be scheduled for the 27 September meeting.) Bob Reutiman, 5915 Galpin Lake Road, described the City's inaction on commitments to senior housing over the past years and the residents' general overall objection to progress in Shorewood. Bob Gagne, 24850 Amlee Road, pointed out the City constantly undergoes change. He stated that 14% of Shorewood residents are seniors and the survey conducted by the senior task force clearly indicates a need for rental and/or purchase of affordable housing for senior citizens. He emphasized that the potential residents of senior housing are the residents who have supported and developed Shorewood to its current desirable location for residency. Gagne reminded the Commission that its action on this proposal will clearly indicate to the community's senior residents its degree of commitment to them. 10 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 11 Daniel Jackson, 6025 Riviera Lane, described his experience as a police officer dealing with a senior community such as the one proposed. Numerous problems were created by extended families of the senior residents moving into their homes for various reasons. He pointed out that a number of complaints have been received regarding traffic violations at Yellowstone and Lake Linden Drive, and the development will further exacerbate the traffic problems. ~ Sandy Pescheck, 6060 Seamans Drive, described Maplewood's senior housing project and the property surrounding it. The village was used by the developer as a comparable project with the proposed Meadow Wood Community. She pointed out it is located in a multi-family neighborhood in a service and amenity-oriented area, unlike the location of the proposed development. She inquired what impact reduction from 60 to 44 units in the proposed development will have on the rental costs. Keith Monjak, 6140 Pleasant Avenue, stated he moved to Shorewood for its rural atmosphere and has no objection to senior housing; however, the proposed location is not appropriate since amenities or services are not available within safe walking distance. Beverly Koehnen, 2036 Canterbury Road, Shakopee, representing her father Roy Seamans, 6115 Seamans Drive, stated that she had previously requested a survey of the property. She stated a survey map was crucial in that her father owns property on the west side of Seamans Drive and it appears the development is platted to Seamans Drive. She inquired whether exits are planned for Seamans Drive. The up- to-date map shows an exit on Seamans Drive. She indicated her father is opposed to the project and will neither sell his property nor grant an easement to the developer. Byron Thomson, 22665 Island View Road, stated his son and daughter-in-law moved to a location on Seamans Drive with the understanding adjacent property would also have single family homes on 1-acre lots. He stated services and amenities are not in close proximity to this location. He expressed opposition to the proposed project and stated the City should keep its promise to the residents to maintain a semi-rural atmosphere. Ed Weir, 25110 Yellowstone Trail, inquired what the legal procedure is to acquire the easement if Mr. Seamans owns the property. William Kelly, 25000 Yellowstone Trail, referred to his September 3, 1993 letter objecting to the proposal, noted approval of the proposal would be an injustice to the residents by destroying the R-1 designation. He stated the proposal is inadequate with many questions left unanswered and expressed opposition to the proposed project. Chair Rosenberger closed the public hearing at 9:45 p.m. and thanked the residents for their thoughtful input. The Commissioners addressed the questions/concerns raised during the public hearing. 11 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 12 Developer's qualifications? Motivation for this proposal? Jud Knoll stated while his AlA membership has lapsed, he fully intends to reapply; as a registered licensed professional architect in good standing in Wisconsin since 1974, ~ reciprocity agreement allows similar licensure in Minnesota, however a Minnesota license will be obtained by the time this project requires architectural staff. He reviewed his academic credentials which include a degree in architecture from the University of Illinois, graduating first in his class, a master's degree in architecture and a master's degree in urban planning from M.I.T., and has passed the required testing which allows licensing in any state. Nielsen stated there does not appear to be any barrier based on the developer's status to granting concept approval of the development, however, he will refer to the City Attorney questions regarding the developer's AlA status. Rosenberger questioned the validity of the application lacking proper incorporation of Diversified Housing, Inc. Nielsen stated the City requires a title commitment, reviews the status of the legal entities involved in signing of a contract with the City, and requires proof that a developer can obtain a cash escrow or letter of credit. He stated he will refer to the City Attorney the matter of the incorporation of the applicant. Vern Knoll described the corporation consisting of a general partnership of family members formed to provide economic strength to acquire land. He stated that while the corporation's name reservation lapsed due to a member not returning from Europe in time, legal counsel advises that no illegal acts have been committed since legal contracts have not been signed. Bean stated that in his view the applicant is legitimate whether it is a corporation or a sole proprietorship. Lack of solid financial commitment and misrepresentation? Nielsen stated the applicant has paid a $1000 application fee and a $300 escrow deposit has been posted to Chanhassan in connection with the water issue and noted that financial credibility comes with the applicant's ability to acquire financing for the project. He reiterated that the City Attorney will be consulted regarding the incorporation question. Wetlands shown by the developer are in variance with actual wetlands on the site? Nielsen indicated the DNR notes the plan identifies a wetland on the National Wetlands Inventory and suggests the Corp of Engineers be consulted regarding the wetlands and that all wetlands on the site should be delineated. Dresel clarified the separate entities involved in the jurisdiction of the wetlands and described construction dewatering. Study of the proposed project plans by the wetlands jurisdictions would not begin until preliminary approval of the development is granted by the City. Jud Knoll recognized existence of the additional wetland and reiterated that delineation of the wetlands will be part of the developmental stage plans to be submitted to the City and the watershed district. 12 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 13 Traffic and safety impact? Nielsen reported a one-day (24 hours) actual traffic count (trips per day) conducted by staff: Eureka 1484; Seamans 225; Yellowstone 397. Dresel reviewed trip generation and distribution data according to the traffic study performed by a consultant for the developer. Nielsen stated that although he has not analyzed the consultant's report, he would have expected a higher projected percentage of avoidance of Highway 7. Nielsen stated the Comprehensive Plan suggests that higher density developments be located nearer to higher traffic facilities so that traffic generated by those uses does not have to travel through lower density areas. Knoll indicated that a van for transporting residents will be provided as part of the community's programs. Ordinance violations? Nielsen stated the specific issue to be addressed by the Commission is the re-zoning of the property from R-1A (single family) to P.U.D. (planned unit development district), which is a three-step process-concept, development and final. He referred to the policies to be considered in resolving the discrepancy between the proposal and the land use plan (map) in the Comp Plan. He suggested reviewing the Comp Plan policies and weigh the pros and cons of the proposal with the pros and cons of the current Comp Plan/policies/ordinances to arrive at a decision regarding this project. Bean reiterated that there are a series of decision points in the process that will assure a quality product. While agreeing with the statements made, Borkon stated it is important to consider all the issues carefully at this time. Families moving in? Nielsen stated the City's ordinance limits occupancy to persons 62 years and older with the exception that one care-provider may live in each unit. He reported the City Attorney's opinion that such covenants are enforceable; however the impact of changes in federal law which may pre-empt local laws is unknown. Nielsen stated that according to market information, renting of these units to eligible residents will not be difficult. Knoll stated that state regulations require that only eligible senior residents may occupy the units for the next 30 years. Effect of decreased number of proposed units on rental costs? Meaning of City Assessor's report? Vern Knoll explained that the Department of Revenue's program provides for use of the HUD formula for annual rent increases generally based on the cost of living increase, which has been 2.6% over the past 2 years. He stated that rentals of 1-bedroom units will remain at between $440 and $450 plus utilities - about $15-$20 higher than when the project was at 60 units. Knoll described the eligibility requirements for residents based on Hennepin County median income. According to Nielsen, determining the effect on property values and finding a development with similar circumstances that would provide data is difficult. The Assessor's opinion is that the project will not have a detrimental effect on the properties surrounding it and cited a similar project in Maple Plain which did not affect adjacent property values. Malam stated that no change whatsoever has occurred in the value or sales of homes adjacent to a high rise development he is familiar with on Penn Avenue. 13 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 14 Why consider a location for senior housing that is not convenient to amenities or services? Rosenberger stated the Commission is considering the application and is not responsible for the site selection. Survey showing ownership of the right-of-way on Seamans Drive? Nielsen stated a survey is required as part of the development stage and the developer must demonstrate that he owns the property. If Mr. Seamans owns the property, what is the process for taking the land/easement for the project? Nielsen stated the developer must acquire it. Jud Knoll stated that an exit on Seamans Drive is not essential to the project. Inadequate plans, off-street parking, more information? Nielsen stated the revised plan shows attached garages. The ordinance requires that one garage and one parking space must be provided for each unit. Jud Knoll stated the required parking and garages will be provided. Bean stated the major issues are the commitment to senior housing and whether this is the best location. He expressed concerns related to the zoning of the area and whether the density proposed (44) is appropriate relative to its location near the Seamans, Yellowstone, Highway 7 configuration. He inquired whether approval could be made contingent to redesign of that intersection. Nielsen stated such approval could be made, but it would become a question of City policy whether the developer would be required to put in the improvement or whether the City would do that. Regardless of what decision is reached regarding this project, Nielsen stated the problems at that intersection need to be addressed and approval of this development would expedite resolution of the traffic problem including addressing financing of the improvements. Bean requested clarification of the process under which the necessary property would be acquired for the intersection improvement. It would be acquired though condemnation proceedings by the City in the interest of public safety. Nielsen stated the City's proposed transportation plan, while not yet approved, indicates the need for improvement of the intersection. He noted the developer's proposal accommodates the right-of-way for the improvements. Bean stated that extension of water to the proposed development from the City's Boulder Bridge system would not be adequate and inquired whether approval of the project could be made contingent upon confirmation that water will be from the Chanhassan system. Nielsen stated such approval could be made, however, he noted that City policy allows a developer to select from several options for the provision of water to a project. He indicated a request has been made to Chanhassen by this developer to determine whether extension of Chanhassen water is feasible along with a $300 escrow payment for the engineering work required. Nielsen pointed out that recently Chanhassan has discussed the opinion that if water is extended to a project, the location should become a part of Chanhassan. 14 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 15 Rosenberger inquired whether the developer would be willing to drill its own well. Knoll stated their preference is the extension of the Chanhassan water system; however, drilling a well on the site would be acceptable. Provision of adequate water pressure for fire protection was discussed. Knoll indicated that the highest level of fire protection will be provided to the residents and the details will be worked out during the development stage. Borkon stated that while a number of problems exist with the proposal, an adequate water system appears achievable. Bonach requested clarification regarding the assertion that ordinances have been violated and regarding the extent of the City's financial exposure at this time. Nielsen stated he was not aware of any violations at this point. He stated, at this point, amendment of plans and ordinances is under consideration. Currently, there is no financial exposure to the City related to this project. Vern Knoll explained the syndication of the financial responsibility of the project. Bean expressed concerns regarding the time frames for completion and approval of projects associated with the proposal including the intersection, the water system and the additional wetland. While reaffirming his commitment to senior housing in the community, Bean expressed concern regarding the suitability of the site. He suggested that perhaps the role of the City's commitment to senior housing be reconsidered and analyzed further and perhaps intervene in identifying a viable location for the City's senior residents. He commented on the ambiguous attitude of the residents regarding expansion and development in the community. He indicated it is not unrealistic for a developer to be entitled to a 6% profit on a project such as this. Borkon generally agreed with the statements made by Bean. She reiterated that it has been agreed collectively that senior housing is a priority for the community, however a decision on density has not been agreed and this is a concern with the current proposal. She stated the proposal for rezoning discounts the individual's concerns and beliefs about the neighborhood and the protection and guarantees they believe exist. Although she was negotiable on the matter, she expressed concern that the project is not consistent with the Comp Plan. Traffic and safety is a concern for the seniors and other residents and Borkon indicated restructuring of the intersection should be completed first. The water supply issue, though solvable, is a concern. She indicated the site does not fulfill the required obligations. Borkon suggested that available sites be analyzed for possible land use changes to be made in accordance with residents' input before a site is selected for senior housing. She pointed out that this parcel of land will be developed in some manner in the future and although this developer has proposed a nice development it may not be suited for the property. Hansen stated the solvable issues include: water, shoreland and shoreland related to Lake Minnewashta. According to Hansen, unsolvable issues include: wetlands and traffic. He indicated the issue of property values was balanced. He strongly supported maintaining the current single family zoning district as a commitment to residents. Hansen stated he felt strongly that this site does not provide the required access to services and amenities, therefore it is not a good site for senior housing. 15 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 16 He affirmed his commitment to senior housing in the community and reiterated that this site is not acceptable. Malam stated that while 99% of the issues raised are valid, the majority are not under consideration during the current concept plan stage deliberation. He indicated the Comp Plan is a document in constant flux and changes to the Plan are currently be studied. He commented on the ambiguous attitude of residents. He explained and supported the developer's motivation, credibility and financial commitment from a business and professional standpoint. He questioned whether there is a "best" site for senior housing in the City. Malam acknowledged that a number of issues require resolution, but reiterated that valid points will be addressed as the proposal proceeds through the approval process. Bonach supported senior residents as being highly acceptable neighbors. She agreed it is important to continue cooperative study to identify an appropriate location for providing senior housing and indicated the City may wish to contribute assistance for such a project. She reiterated her concern with the issues previously presented and agreed the matters require discussion at this point. She stated she would support rezoning for a qualified location, but indicated the proposed site was not acceptable for senior housing. Pisula stated he lives closest to the project and reiterated the concerns previously stated. He indicated that significant problems with this site cannot be addressed at this time since required information is not yet available. He pointed out that the question is how this proposal relate to the overall intent of the City and its Comp Plan including current study of the Plah and the substantial work completed to attempt to meet the apparent demand for senior housing. Regarding the lack of access to services and amenities, Pisula suggested that perhaps senior citizens are quite mobile; however, he stated he was unable to determine at the present time whether this is the best site for senior housing. Rosenberger described his involvement in senior activities including liaison to the senior task force. While he agreed that perhaps there is no "best" site in Shorewood, he supported the proposed location and endeavor and stated the development would be a good addition to the community. He reiterated that outstanding issues will be addressed in the development stage. Hansen pointed out that although this is a concept plan discussion, the piece of land is a central component of the concept plan. Bean expressed concern that even though concept approval may be granted, additional financial resources will be expended for a development plan and successful resolution of a number of issues under the development stage plan is highly questionable. Rosenberger reiterated support for the proposal and pointed out, only one application for this type of housing was received. He indicated the developer followed the City's guidance and through comprehensive and diligent study and work, determined that this was the best site. 16 . . . PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 17 Hansen and Borkon indicated that detailed information regarding the other sites considered has not been made available. Rosenberger stated the developer made its analysis and determination that this was the best site to recommend for this type of senior housing and this is the current proposal before the Commission. Bean stated the criteria used by the task force was valid based on the guidelines provided, however, a possible change in the City's position regard financial support of senior housing may identify additional suitable sites. Borkon stated that because the site may be good for the developer, it is the Commission's responsibility to determine whether it is acceptable to the City and reiterated her objections to this site. Bonach stated it is important to reaffirm to the City and the community the Commission's support of senior housing. Malam agreed with Rosenberger's comments and reiterated there is no ideal site and indicated that resolution of the issues surrounding this proposal is achievable. Bean reiterated that he cannot support this proposal with the intersection the way it is today and questioned whether it makes sense to grant concept stage approval of the proposal given the lengthy time frame for culmination of the project. Hansen moved, Borkon seconded to recommend to the Council that it deny approval of the revised concept plan for Meadow Wood Community, 25400 State Highway 7, requested by Diversified Housing, Inc. Motion passed 4/3. Malam, Pisula and Rosenberger voted nay. The Council will consider the recommendation at its September 27, 1993 meeting. The Commissioners agreed to consider a separate resolution to the Council addressing senior housing. The meeting recessed at 11 :35 p.m. and reconvened at 11 :40 p.m. The Commissioners discussed at length an appropriate resolution to be presented for the Council's consideration to reflect the Commission's support of the concept of senior housing along with a recommendation for methodology to accomplish the desired goal. Councilmembers Lewis and Stover participated in the discussion. Issues raised during discussion include: improvement of the Seamans Drive, Yellowstone, Highway 7 intersection;, consideration of the feasibility of the City's involvement in site selection and funding; subsidizing a for-profit development; equality in treatment of developers; resident reaction to subsidy; other financing methods; senior housing as an investment for the City; put money aside for a successful project; need for amenities and services; joint effort with other cities; proactive vs reactive policy of the City; acknowledgement of the task force study and work; political issues; reconsider the historical policy position on site selection; re- evaluate sites identified by senior task force; identify cost to the City to make a cash- flow site consistent with the Meadow Wood proposal; and present senior housing question to joint consortium of lake cities. 17 PLANNING COMMISSION MINUTES September 7, 1993 - PAGE 18 . Lewis and Stover assured the Council's cooperation on this topic. The Commissioners agreed to continue consideration of the matter at a future meeting. 7 . MATTERS FROM THE FLOOR Commissioner Hansen distributed his letter of resignation from the Planning Commission effective November 1, 1993. 8. REPORTS - None - rescheduled to next meeting agenda. 9. ADJOURNMENT Pisula moved, Hansen seconded to adjourn the meeting at 12:05 a.m., Wednesday, September 8, 1993. Motion passed 7/0. RESPECTFULL V SUBMITTED, . Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . .. 18 ..~ 6--- C'^ e -/ LeA W~\y- ~rJ tJ/LLfS ~tv ~ CI~W 4."?J ~ b 1(~/ltU AJJ ~ N IC'dtJbc,,'" c..J--{) u Tt'J'ctt ,. Z\~ ~~I~ ~ C V~~~ yte;~ ~;t~ p i,~J)~ !?s)J-r--*- ~ ) _---=s;>- ' '?~~~_ / C <::-.... 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MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:01 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borkon, Bonach, Hansen, Malam, and Pisula; Planning Director Nielsen and Council Liaison Lewis. APPROVAL OF MINUTES Bean moved, Bonach seconded to table approval of the minutes of the Commission's September 7, 1993 meeting. Motion passed 7/0. 1. STUDY SESSION SENIOR HOUSING DISCUSSION The following members of the Senior Housing Task Force attended and participated in this portion of the meeting: John Neal, Cyrus Zulgad, Jack Barnum, Phyllis Lovrien, Shirley Barnum, Ken Vogel and Bob Gagne. Rosenberger introduced the topic and called for commentary from the participants. Bean commented on the stable and life-long nature of the community's population, expressed appreciation for the value of long-term residents to the City; and stated support of senior housing as a high priority for Shorewood. He explained concerns related to the intersection at which the proposed Meadow Wood development is located. He suggested it may be sensible to dead-end Seamans into Yellowstone into a frontage road to eliminate access to Highway 7. He supported development of a unanimous Commission position to present to the Council that supports moving ahead with a senior housing project. He indicated perhaps the City should get more involved in site identification as well as financial support. Borkon stated support of senior housing as a City priority. She explained that the proposed Meadow Wood site was not desirable for the neighborhood or for senior citizens. She stated there was insufficient communication regarding the project among the affected parties and that specific requirements are essential to present an acceptable project for the community's consideration. 1 PLANNING COMMISSION MINUTES SEPTEMBER 21,1993 - PAGE 2 <l . Lewis stated the desire of the Council is to support senior housing; however substantial work is required to achieve that goal. He stated it may be necessary for the City to become involved in site selection and financial support of a senior housing developer and that involvement of the residents is essential. Nielsen, City Planner, stated he is staff liaison to the senior housing task force. Ken Vogel stated he lives on Highway 7 and expressed distaste for the traffic noise. He expressed appreciation and support for the Commission's methodical work toward senior housing. Cyrus Zulgad stated senior housing will be located in somebody's neighborhood and potential resistance must be dealt with. Jack Barnum expressed appreciation for the Commission's work in support of senior housing and hoped a suitable site can be identified. Phyllis Lovrien reiterated appreciation for the Commission's work and support for senior housing. She stated that rental housing may not be as acceptable in a neighborhood as an owned residence and suggested that development of units for purchase by seniors should be further explored to reduce neighborhood objections. . Shirley Barnum stated the proposed Meadow Wood site was not among the 10 locations identified by the task force. She noted the survey results showed strong support for cottage-style housing; apartment rental units in a building no higher than 3 stories would be acceptable for a later life stage; and the purchase price of a senior residence should not exceed $100,000. John Neal stated objectives are to develop both affordable rental and purchasable housing for seniors and to reinforce the fact that Shorewood is a desirable community for all of its citizens in all stages of life. He indicated education of the City's residents is an important step and should be conducted in a positive tone. He stated a site for senior citizen residences should be safe and pollution free. Pisula explained that he supported approval of the Meadow Wood concept stage plan because, although the site was not ideal, the proposal was workable and made a statement of commitment to senior housing. He stated any site selected in Shorewood will engender opposition from the neighborhood and indicated that development of senior housing in the community will require specific action on the part of the City. Bonach stated residents would likely prefer senior housing over commercial construction in their neighborhoods. She indicated the proposed site was not acceptable from a senior's perspective since basic services are not available in close proximity to the location. She indicated Shorewood's commitment to senior housing requires more . involvement by the City. 2 . . . PLANNING COMMISSION MINUTES SEPTEMBER 21,1993 - PAGE 3 .. Malam stated the proposed Meadow Wood site is workable and pointed out the development is under consideration at the concept stage. He acknowledged a perfect site in Shorewood for senior housing may not exist and indicated that residents will resist any density increase in their neighborhoods. He stated that as a City, it is important to plan for affordable ($100,000 or less) housing for seniors and recommended that a proactive position be developed. Hansen stated his motion to deny approval of the Meadow Wood P.U.D. was based on two major concerns: safety and proximity to amenities and services. He noted this site was not on the suggested location list developed by the task force. He reaffirmed his strong support for senior housing. Hansen stated consideration of the property/site is an important component at the concept stage and recommended that the City become involved in site selection. Hansen pointed out this site was selected by the developer. He indicated he requested a summary of the rationale for selecting that site from the developer but has not received it. Rosenberger stated his support for the proposed Meadow Wood P.U.D. and pointed out that such projects are often market driven. He acknowledged that the proposed site may not be perfect and stated it is important to identify an acceptable site in Shorewood. He indicated the community must make a decision to support affordable senior housing through density concessions and economic support to create a feasible project. Bob Gagne, former Councilmember and liaison to the senior task force, reviewed the Council's position regarding use of public money to assist senior housing development. He explained the Council did not deem it appropriate to subsidize such housing and requested the staff to invite developers to present proposals for the Council's consideration, which resulted in the Meadow Wood proposal. He stated that residents will continue to oppose changes in the community. He briefly reviewed results of the senior housing survey. Nielsen explained that senior housing is allowed in any area of Shorewood based on the allowable density under a particular zoning district: R-1 A allows 20 units on 4.59 acres; R-1C allows 26 units on 3 acres; R-C allows 32.67 units on 3 acres. Nielsen reviewed selected findings of the Senior Housing Market Research Project conducted by an independent research firm in May 1991. He noted the survey was not limited to Shorewood but included the entire South Lake community. He reviewed the selection process for potential sites for various types of senior housing in eastern, central and western Shorewood based on the preferences of task force members. The survey found that 54% of the area seniors preferred a rural setting close to lakes, birds, nature and trails and 38% preferred an urban location close to shopping, entertainment, public transportation and services. Hansen stated it is important to consider the various needs of senior citizens at various stages of their lives and health. Nielsen indicated the survey took those issues into consideration and the results provide valuable background for site selection criteria. 3 PLANNING COMMISSION MINUTES SEPTEMBER 21,1993 - PAGE 4 . . Nielsen indicated the sites selected were not considered in terms of their developability for housing. He reiterated that private developers were requested to evaluate the sites available and present development proposals to the Council for consideration. This process placed the City in a reactive position rather than operating from a specifically defined participation strategy for senior housing. Concern was expressed by the Council that an indication of interest in a particular parcel of land would drive prices up; however, Nielsen stated the City should consider acceptability of several parcels to avoid artificially increasing prices. Nielsen recommended that criteria for selection of appropriate locations for senior housing be developed. He described and discussed suggested criteria including: land (size, topography, zoning-density, proximity to single-family residential, willing seller); access/traffic (safety, capacity of streets serving project, availability of mass transit); utilities/services/amenities (municipal water/fire protection, parks and trails, proximity to commercial and churches); other (affordability, style of housing, transportation, meals, health care). . The Commissioners and task force members discussed the suggested site location criteria, raised questions and provided additional detail. They agreed that development of specific site criteria will assist and enhance education of the residents and provide guidelines for potential developers. They acknowledged that consideration of sites for various types of senior housing may be expanded to surrounding communities, but preferred that Shorewood take the initiative on senior housing and concentrate its efforts in the community. The meeting participants concurred with the criteria presented by Nielsen. The meeting recessed at 9: 1 0 p.m. (the task force members withdrew from the meeting) and reconvened at 9:18 p.m. It was agreed that the criteria list for senior housing site location will be distributed to the task force and Commission members for review and ranking of priority issues. The members were encouraged to include additional issues and concerns not previously identified. . The Commissioners discussed a resolution to be presented to the Council to reflect the unified views and recommendations of the Commission regarding senior housing in Shorewood. Bean moved, Borkon seconded to approve the following resolution: On a 4/3 vote, the Commission recommended to the Council that it deny approval of the Meadow Wood senior housing project. The split vote related to Commissioners' concerns over the specific site vs. the compelling need for adequate senior housing. The Commission wishes to recommend to the Council . strong endorsement of senior housing along the following criteria and that the 4 . . . PLANNING COMMISSION MINUTES SEPTEMBER 21,1993 - PAGE 5 .. Council develop specific programs to raise citizen awareness of the need for senior housing and the need for City and citizen involvement: 1. Define the site location criteria and evaluate the properties within Shorewood based on the criteria. 2. Target the first senior housing project to be step-down housing, as defined by the task force, limiting the cost of ownership to no more than $100,000 and/or monthly rental rates ranging between $400 and $700. 3. Commence an educational program for citizens of Shorewood of the need for senior housing including potential site neighborhoods upon completion of the site evaluations. 4. Re-examine the City's marketing efforts to developers to include potential use of a City subsidy for senior housing. These actions should take form before January 1, 1994. Motion passed 7/0. 2. DISCUSS FLOOD PLAIN ORDINANCE AMENDMENT Rescheduled to the next meeting. 3. COMP PLAN - COMMUNITY FACILITIES CHAPTER Nielsen referred to the Chapter Outline and text detailing Community Facilities/Services issues distributed to the Commissioners. He stated the topic will be discussed at the Commission's next Study Session. 4. MATTERS FROM THE FLOOR Borkon requested clarification of the public notice announcing the Council's hearing on the Meadow Wood P.U.D. Nielsen described the publication errors and subsequent published revisions. Bean reported playground equipment was recently installed at Manor Park. 5. REPORTS Councilmember Lewis reviewed actions taken by the Council at its September 13, 1993 meeting. 5 . . . PLANNING COMMISSION MINUTES SEPTEMBER 21,1993 - PAGE 6 . Nielsen updated the Commissioners on the legal issues relate'd to the Meadow Wood developer's use of AlA and of the name Diversified Housing, Inc. and stated that, according to the City Attorney, while the oversights may be careless, they are not illegal. Nielsen referred to the updated calendar of Planning Commission regular and study session meetings for the remainder of 1993. The Commissioners agreed to re-schedule its December Study Session to Tuesday. December 14 from the regular December 21 date. 5. ADJOURNMENT Barkan moved, Banach seconded to adjourn the meeting at 10:05 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 6 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 5, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M . MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borkon-entered at 7:20 p.m., Malam, and Pisula; Planning Director Nielsen and Council Liaison Lewis. Administrator Hurm attended a portion of the meeting. Absent: Commissioner Hansen. APPROVAL OF MINUTES . Malam moved, Pisula seconded to approve the minutes of the Commission's September 21, 1993 meeting. Motion passed 5/0. 1. 7:00 P.M. PUBLIC HEARING - PRELIMINARY PLAT - BRYNMAWR PLACE Applicant: Pemton Land Company Location: South of Woodside Road and West of Howard's Point Road Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen noted that agenda item number 3 is scheduled to begin at 7:30 p.m. Nielsen reviewed the background and analysis of the Pemton Land Company's request for approval of a preliminary plat for property located at the southwest quadrant of Woodside Road and Howard's Point Road. The 25 acre property occupied by 2 single- family dwellings is zoned R-1A, single-family residential. The site is located partially in the "S", Shoreland district. The developer proposes to divide the land into 24 residential lots served by a cul-de-sac street extending west from Howard's Point Road. Nielsen stated the proposal is consistent with the Comprehensive Plan which recommends semi- rural use of the land and all of the proposed lots meet or exceed the area and dimensional requirements of the R-1A zoning district. The plat exceeds the requirements of the Shoreland district. The topography of the site is quite rolling rising dramatically to the west and tree cover is limited to the northwest and southeast corners of the property. Five of the lots front on Woodside and the remainder front on the . proposed cul-de-sac street, Brynmawr Place. 1 . . . PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 2 Nielsen noted the Subdivision Code allows a cul-de-sac street to be as long as 2000 feet; however this has been considered excessive in the past and a maximum length of 700 feet has been suggested. The proposed street is about 1150 feet long. The staff suggests the developer shorten the street to limit the amount of blacktop surface and enhance the buildability of the westerly lots. In addition, lot lines will be radial, less site alteration and better building pads for Lots 10 and 11 will result from a shorter street. Grading, drainage and utilities are subject to approval of the City Engineer and the Watershed District. The site will be graded to drain to a proposed retention pond in the northeast corner of the property and controlled by storm sewer pipe to direct drainage to the north along its natural route. The preliminary plat provides for a drainage and utility easement over the ponding area and for 10' drainage and utility easements along the side and rear lot lines. Sanitary sewer is readily available to the site. City water will be extended to this project and identified in the final plat. The Park Commission recommends payment of $18,000 in fees for this project in lieu of land. Nielsen recommended that the preliminary plat be approved subject to staff instructions 1-12 detailed on page 3 of Nielsen's memorandum dated September 27, 1993, and the requirement that all overhead power lines on Howard's Point Road and Woodside Road that abut this project be buried. Mr. Dan Herbst, the developer representing Pemtom Land Company, reviewed the proposal for 25 large executive type home sites. He recommended that an easement be placed on the two entrance lots to provide for a monument and extensive landscaping which will be maintained by the homeowners association. The association will also establish an architectural control committee. He described the landscaping planned for the cul-de-sac to be maintained by the association. Trees and vegetation will be preserved and landscaping added to create a self-contained screened neighborhood. He described plans to utilize the topography to allow creativity in home design. The Pemtom Company intends to sell the lots to custom builders. It is anticipated that construction will begin in the Spring so as to have completed homes available by the Fall Parade of Homes. Herbst indicated burial of utility lines will be investigated and implemented as recommended. Herbst introduced Tim Erikkla, designer of the development. Rosenberger opened the public hearing at 7:25 p.m. He stated each speaker is allowed 4 minutes and requested Commissioner Pisula to record questions to be answered following testimony. Scott Peterson, 5725 Kathleen Court, stated his property abuts the proposed development on the north-western end of the development and expressed concern regarding the preservation of the heavy tree coverage in that area and asked whether common driveways may be considered for the development. Karen Blackstone, 5725 Kathleen Court, reiterated the concerns expressed by Peterson. 2 PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 3 . Gregg Ostrander, 28060 Boulder Bridge Drive, stated his home abuts the south side of the development. He questioned whether the proposed ponds will be excavated and built, what the minimum rear lot line setbacks are, and whether covenants will preclude the construction of out buildings that would obstruct the natural beauty shared by the existing homes, and prohibit the storing of recreational vehicles. Don Fagan, 28070 Boulder Bridge Drive, questioned adequacy of water pressure in the area, expressed the neighborhood's concern regarding the possibility of a water tower in the area, and asked whether the ponds will be maintained regularly for mosquito control. He read a letter addressed to the builder from the Boulder Bridge neighborhood children regarding preservation of a particular large tree. LeRoy Gregerson, 5735 Howard's Point Road, explained his concern regarding the location of the proposed road which appears to run directly into an existing home and suggested sufficient area is available to adjust its location. Dan Lindsey, 28040 Boulder Bridge Drive, expressed concern regarding the lining up of the new lots with the existing lots to the south and west of the development and the impact of drainage and the ponds to lots located south and west. . Roger Mazze, 5870 Boulder Bridge Lane, expressed concern regarding additional traffic on Howard's Lake Road and safety for children at school bus pickup points. He inquired whether the adequacy of schools is taken into consideration in the approval process of developments. Harold Ness, 27610 Woodside Road, inquired what the road elevation is, expressed concern regarding drainage in the area, suggested that if City water is brought to the development other nearby residents may be interested in hookups, and requested clarification of the specific utility lines to be buried. Clay Atkinson, 5735 Brentridge Drive, suggested that a creative approach be used to design the road to enhance the natural beauty and expressed concern regarding drainage from the development. Steve Johnson, 5845 Howard's Point Road, reiterated traffic and safety concerns in the neighborhood. Rosenberger closed the public hearing at 7:45 p.m. Herbst and Nielsen responded to questions from the public and the Commissioners. . Herbst stated that while it is difficult to provide specific information until each lot is developed, 50' minimum rear set-backs will be maintained and the maximum number of trees and other vegetation on the property will be preserved. He indicated lot depths vary in the 300' range. Contractors expressing interest in the development are Lacey Builders and S. J. Kroiss. Herbst stated it is intended to substantially exceed the 3 . . . PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 4 Watershed District requirements for ponding, contain as much water on the site as possible and develop a formula to assure there will be less drainage from the property after development than currently exists. He stated maintenance of the wetlands and ponds is within the purview of the Watershed District. Current plans do not include mosquito control. Herbst indicated the ponds likely will consist of a combination of standing water and vegetation. Free-standing sheds and out-buildings will not be allowed and storage of property owners recreational vehicles will be limited. Nielsen stated these restrictions are not required by the City in this development. Herbst estimated the cost of the homes will range from the high $200,000s to $500-$600,000s. Nielsen stated it is expected that an adequate water supply can be provided to the development by the City's system and noted a review of the capacity of each of the City's systems will be conducted under the Comprehensive Plan. The number of units that may be connected to the Boulder Bridge system is limited by the lack of above ground water storage, however, current plans do not include construction of a water tower to serve the western area of the City, according to Nielsen. When a developer extends water to a property, Nielsen indicated that notification is made to residents who may potentially be able to hook up to that extension and residents would negotiate with the developer for connections. It was pointed out that the water tower being considered adjacent to the Minnewashta Elementary School would serve as storage for the area in which the development is located. Herbst stated the tree requested to be preserved by the neighborhood children will be pinpointed and suggested the neighborhood contact the individual lot owner regarding its preservation. Herbst described the location of the road indicating it is designed to approach the middle of the facing homes and lots. Nielsen and Herbst reviewed the lot lines with adjoining properties. Erkkila described the drainage plans related to the southwestern portion of the development, noting the plans require approval of the City Engineer and the Watershed District. Residents and Commissioners reviewed the drawings and visuals regarding lot lines with the staff and developer. The meeting recessed at 8:05 p.m. and reconvened at 8:10 p.m. Nielsen stated zoning takes into consideration traffic implications. He explained that while the staff considered the possibility of connecting the new street to Woodside Road, the alternative is not recommended because it would not enhance the plat or take the traffic off Howard's Point Road. Nielsen stated the school district is provided with the City's Comprehensive Plan and updated information is provided to it on a regular basis. Bean pointed out the density proposed for this property is the lowest possible with corresponding service requirements. Herbst stated the elevation of the new road at it's highest point is 978'. Herbst explained that an entrance/exit is not planned on the north side to preserve the vegetation in the area and to allow consideration for the individual homeowners/builders. Nielsen and Erkkila described the drainage plan proposed for the northerly lots which basically follows a natural path. Nielsen stated the proposed plans 4 . . . PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 5 meet the requirements of the Shoreland Management regulations with regard to lot coverage. Nielsen stated burial of utility lines is required where feasible. Herbst stated that meandering the road would likely require variances related to lot sizes, however, Nielsen suggested that movement of the road within the right-of-way could be considered to allow some bends in the road. Nielsen stated that while a center island (maintained by the homeowners association) in the cul-de-sac is generally preferred, it creates some difficulty with snow-plowing and the fire marshal must approve the specific design of the center island to ensure adequate turn-around radius for fire and safety equipment. Erkkila described the drainage plans related to Brentridge Drive. Nielsen indicated the ponds will be sized to contain a certain amount of run-off and noted the City has plans to install an overland storm sewer pipe in the area. With regard to traffic and safety concerns, Nielsen stated that where speed problems are identified, the police are requested to concentrate monitoring in the area. In addition, it was suggested that the Speed Monitoring Awareness Radar Trailer to be purchased by the City be placed in the area where excessive speeds are reported. Bean requested clarification of the length of the cul-de-sac and the possibility of connecting the new street to Woodside to provide for additional access for emergency purposes. Nielsen reiterated that the proposed length of street is 1150' and staff study of connecting the road to Woodside indicated there would be no advantage since it would end up too far to the east and not serve the purpose of providing secondary access to that many homes. He noted a connection would ultimately impact Howard's Point Road as well as Woodside which is narrow and quiet. Nielsen stated land is not available to put the road through to Kathleen Court. Herbst stated a detailed landscaping plan covering the entire development will be available with the final plat. Malam moved, Bonach seconded to recommend to the Council that it approve the Brynmawr Place preliminary plat request of the Pemtom Land Company, subject to the staff recommendations detailed in the 9-27-93 Nielsen memorandum including the requirement that utility lines be buried where feasible, fire marshal approval of the cul-de-sac turnaround, engineer's report regarding the run-off impact to Woodside from the lots abutting Woodside and potential impact of drainage to Brentridge and property east of Howard's Point Road. Motion passed 6/0. The recommendation will be considered by the Council at its October 25, 1993 meeting. 5 . . . PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 6 2. 7:15 PUBLIC HEARING - P.U.D. AMENDMENT AND PRELIMINARY PLAT - ROBERT S.C. PETERSON SECOND ADDITION Applicant: Location: Robert S.C. Peterson 5480 Carrie Lane Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen stated a 5-lot P.U.D., Robert S.C. Peterson Addition, on the north end of Christmas Lake was approved in 1984. At that time the development agreement specifically anticipated that the southern-most lot would be redivided in the future. The owners now proposed to subdivide Lot 5, currently occupied by Peterson's existing home. Nielsen reviewed the request noting the 2 lots average 58,335 square feet in size and will share approximately 310 feet of the existing driveway with a new driveway splitting off to serve the new lot by the lake. Nielsen stated the preliminary plat is consistent with the previously approved P.U.D. agreement and recommended approval of the applicant subject to: submission of a final plat within 6 months of Council approval; provision of an up-to-date title opinion or title commitment with the final plat; inclusion of "Block I" in the final plat; review of existing covenants by the City Attorney to ensure participation in maintenance of Carrie Lane; provision of a use and maintenance agreement for the shared portion of the driveway; inclusion of the official ordinary high water level for Christmas Lake on the final plat; and payment of one park dedication fee and one local sanitary sewer access charge. Mr. Peterson stated the homeowners association guidelines provide that any additional lot must participate in maintenance of roads. Mr. Peterson wished to go on record that he is aware that the ordinance specifies allowable flexibility with regard to the 75' foot setback required from the lake. Rosenberger opened the public hearing at 8:45 p.m. Alice Wendt, 23665 Gillette Curve, commented on Mr. Peterson's presentation. Rosenberger closed the public hearing at 8:46 p.m. Bean requested clarification of the setback issue. Nielsen explained the language in the Shoreland regulations that allow use of an average setback determined by including adjoining lots. He noted that the applicant would require a variance if an average setback is desired and a request for a setback less than 75' would be a separate action from the application currently before the Commission. Bean pointed out that approval of the average setback is at the discretion of the Commission. Bean inquired whether the Shoreline regulations affect this application. Nielsen explained the intent of regulation is to keep the shoreline as natural as possible. The lake lot contains a suitable buildable area that would not require retaining walls. The 6 . . . PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 7 driveway works with the topography of the site and should not exceed a 8-10% slope. Peterson stated the homeowners association provides for road maintenance and the two homeowners will negotiate an agreement for maintenance of the shared driveway. Rosenberger requested clarification regarding the 75' setback requirement with respect to decks, patios, etc. Nielsen explained that the only allowable encroachment on the lake shore side is a dock. It was noted that even though the lot is being split, the applicable ordinance allows only one dock to be used only by the resident of the lakeside lot. Borkon requested clarification regarding lake front landscaping regulations. Nielsen explained landscaping is not required but restrictions limit clear-cutting to that which is necessary for access and building of the home. The purpose and intent of the ordinance is to keep homes as visually inconspicuous from the lake as possible. Bean moved, Borkon seconded to recommend to the Council that it approve the application of Robert S.C. Peterson for a P.U.D. amendment and preliminary plat- Robert S.C. Peterson Second Addition at 5480 Carrie Lane, subject to the staff recommendations. Motion passed 6/0. The recommendation will be considered by the Council at its October 25, 1993 meeting. 3. 7:30 PUBLIC HEARING - PRELIMINARY PLAT AND LOT WIDTH VARIANCE - MOTT ADDITION Aoolicant: Whitley Mott Location: 24850 Yellowstone Trail Rosenberger announced the case and outlined the procedures for a public hearing. Rosenberger acknowledged receipt of letters from William F. Kelly dated September 29 and October 4, 1993, objecting to the applicant's variance request. Nielsen reviewed the background to applicant's request. The Motts propose to purchase a portion of the property at 24850 Yellowstone Trail owned by Cory and Mary Kruckenberg. The preliminary plat submitted divides the property into 2 lots, 1 of which requires a lot width variance. The property occupied by the Kruckenberg's existing home contains 5.5 acres and is zoned R-1 A. Surrounding land use and zoning include: north and east: Golf course R-1A; south: single family residential R-1C; and west: single- family residential R-1A. Despite being quite large, the westerly lot does not comply with minimum lot width requirements. The applicant proposes a 50' flag configuration and states that the hardship due to the amount of site grading and unnecessary devastation of trees to build a public street to serve 1 additional lot justifies the variance. 7 . . . PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 8 Nielsen stated the application should be reviewed in terms of future development of the property in that it appears capable of being subdivided into 4 lots under R1-A zoning. Nielsen reviewed design alternatives for development of the property and stated that approval of the request should be based on future development alternatives. He described an alternative design that would eliminate the need for a variance and would not require the applicant to build a street at the present time. Covenants covering subdivision would then activate provision for a public street. Nielsen suggested that this alternative be considered and the preliminary plat be revised to reflect that keeping in mind that at some later date if the property owner on the west decides to develop his property the cul-de-sac could be extended. Denial of the lot width variance in favor of a revised plat similar to that shown on Exhibit F is recommended. Mr. Mott requested a copy of Mr. Kelly's October 4 letter and commented on its contents. He acknowledged the concerns raised in the staff report regarding piece-meal development of the property. He indicated that lots 2 and 3 on the proposed development alternative are marginally developable due to soil conditions and relatively wet land and a road constructed would involve another resident's property. It is intended to preserve the natural state of the area including trees and vegetation. He noted that the City recommends the addition of sewer lines in conjunction with building of the road. Mott stated that if the City is concerned about future development of the property covenants could be included in this division providing that any future development would require a road. He added that any future development of either lot created by this subdivision would force the other owner to participate in funding construction of a road. He requested granting of the variance with covenants attached regarding future development that would require construction of a road to the City's specifications. Rosenberger opened the public hearing at 9:10 p.m. Ron Hume, 25040 Yellowstone Trail, stated his property is located to west of that owned by Mr. Kelly, and described the background related to Spruce Hill. He stated his intention is to build a home on his property adjacent to the golf course. He has no intention to enter into development agreements with either Messrs. Mott or Kruckenberg that would allow 5 additional lots. He opposes any plat proposal that would place a road across his property creating additional traffic, but at some point envisions an access road from Spruce Hill to his lot by the golf course. Hume stated preservation of the natural surroundings is important and the best use of the land is for single family residences. Rosenberger closed the public hearing at 9:16 p.m. Bean requested clarification of the hardship related to this application. Nielsen stated the applicant mentioned that certain lots are not developable, however, the ordinance provides that it must be demonstrated that reasonable use of property cannot be made without a variance. He pointed out that is secondary to the issue of the overall development of the property. He reiterated that Exhibit F resolves that issue since it does not require current development of any more than 2 lots. He pointed out that past experience demonstrates that for various reasons, owners eventually decide to subdivide 8 PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 9 . their property and it is important at this time to provide for that possibility. He described alternatives related to the possibility that some of the lots are not suitable for building. He noted that the alternative shown on Exhibit F allows Mr. Mott to build a single family home, eliminates the variance and protects the City if future development occurs. He recommended the request be tabled until the applicant can provide a revised preliminary plat without a variance. Mott stated the sewage situation and necessary pump station is of concern and indicated he will need to consult with Dr. Kruckenberg regarding acceptance of the alternative recommended. Bean moved, Pi sui a seconded to continue the hearing regarding the Mott Addition- preliminary plat and lot width variance to October 19, to allow the applicant to submit a revised plat reflecting development suggested on Exhibit F of the staff report. Motion passed 6/0. 4. SIMPLE SUBDIVISION/COMBINATION Applicant: Location: Gordon Lindstrom/Wendt & Apenitis 23680 McLain Road/23665 & 23705 Gillette Curve . Rosenberger announced the case. Nielsen reviewed the background to the applicant's request. Mr. Lindstrom proposes to purChase portions of 2 lots north of his property at 23680 McLain Road to enlarge his lot for future improvements. Acquisition of additional land will avoid setback variances. The subject lots are located in the R-1 C zoning district. The division and combination will result in parcels that meet or exceed the zoning requirements. Despite the relatively large size of Lindstrom's existing property, the house and accessory building are quite close to the north side of the property. The lot lines are dictated in part by what is available from the adjoining properties and by an existing tree line on the south side of Parcel A. Nielsen stated ample rear yard area remains for the buildability of the 2 northerly lots and still exceed R-1C zoning district requirements. Mr. Lindstrom stated he agreed with the staff report presented by Nielsen. Alice Wendt, owner of Parcel S, commended the applicant for his proposed plans. Malam moved, Borkon seconded to recommend to the Council that it approve the Simple Subdivision/Combination, subject to the staff recommendations, requested by Gordon Lindstrom/Wendt & Apenitis, at 23680 McLain Road/23665 & 23705 Gillette Curve. Motion passed 6/0. . The recommendation will be considered by the Council at its October 25,1993 meeting. 9 . . . PLANNING COMMISSION MINUTES October 5, 1993 - PAGE 10 5. FLOOD PLAIN ORDINANCE AMENDMENT - Tabled. 6. STUDY SESSION: CAPITAL IMPROVEMENT PROGRAM Administrator Hurm entered the meeting and highlighted selected portions of the proposed City of Shorewood Capital Improvement Program. Consisting of a Capital Improvement Plan and a Finance Plan for the Years 1994-1998. Hurm and Nielsen answered Commissioners' questions during discussion. Borkon moved, Pi sui a seconded to accept the Capital Improvement Program, as proposed, and recommended to the Council that it be approved. Motion passed 6/0. 7. MATTERS FROM THE FLOOR - None. 8. REPORTS Lewis reviewed actions taken and issues reviewed by the Council at its September 27, 1993 meeting. Rosenberger referred to a letter received from Mr. Verne Knoll dated October 5, 1993 regarding the proposed Meadow Wood Community project. 9. ADJOURNMENT Bonach moved, Borkon seconded to adjourn the meeting at 10:10 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 10 ~ <::? ~ A/4/~rz- IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW ~r .fJ. ADDRESS '>71...5 KI1Jlfu{~ c-j t I ~, ~ "2Be-ru .0-"" ;/ //)..5-- 13 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 19, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. . MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Hansen, Malam, and Pisula; Planning Director Nielsen. Absent: ~ Commissioners Bonach and Borkon. APPROVAL OF MINUTES Bean moved, Pisula seconded to approve the minutes of the Commission's September 7, 1993 meeting. Motion passed 5/0. . Pisula moved, Malam seconded to approve the minutes of the Commission's October 5, 1993 meeting. Motion passed 5/0. 1. PUBLIC HEARING - PRELIMINARY PLAT AND LOT WIDTH VARIANCE - MOTT ADDITION (continued from October 5, 1993 meeting) ADDlicant: Whitley Mott Location: 24850 Yellowstone Trail Rosenberger reported that Whitley Mott, the applicant, requested by letter dated October 18, 1993, that consideration of the Mott Addition preliminary plat and lot width variance application be further continued until certain test results are available. Pisula moved, Hansen seconded to continue the hearing regarding the Mott Addition preliminary plat and lot width variance application to November 2, 1993. Motion passed 5/0. 2. FLOOD PLAIN ORDINANCE AMENDMENT . Nielsen stated the City is required to update its current flood plain reguJ'ations to comply with state and federal laws to remain eligible for the flood insurance program. 1 . . . PLANNING COMMISSION MINUTES Tuesday, October 19, 1993 - Page 2 He stated the amended ordinance includes some new definitions and modifications of definitions. The significant part of the ordinance, which the City has been enforcing already, is that houses built near a flood plain must be at a minimum of l' above the 100 year flood elevation. He pointed out a conflict between this ordinance and the Shoreland regulations in that the flood ordinance states that fill be used to reach the required elevation whereas the Shoreland regulations do not allow fill in the flood plain area. The strictest ordinance applies in this instance. Using a flood plain map, Nielsen described the zones in Shorewood, which primarily surround Lake Minnetonka, protected by the ordinance. He pointed out that areas around Christmas Lake are not included because it is apparently considered to have a satisfactory positive outlet. Nielsen stated the ordinance is consistent with other existing regulations such as those of the LMCD. He reiterated that the ordinance is required to preserve residents' eligibility for flood insurance and responsibility and authority is delegated to cities. The purpose of the ordinance is to promote the public health, safety and general welfare and to minimize losses attributed to flooding. Hansen moved, Pisula seconded to recommend to the Council that it adopt the proposed Flood Plain Management Regulations Ordinance Amendment, attached to Nielsen's October 14, 1993 memorandum, subject to review and approval of the DNR. Motion passed 5/0. 3. STUDY SESSION: COMP PLAN - COMMUNITY FACILITIES CHAPTER Nielsen stated additional text of the Community Facilities Chapter will be available for the Commission's consideration at it's November 2 meeting. Nielsen brought the Commission's attention to its recommendation regarding regulation of refuse collection in the City. Nielsen described an option being considered by the Council that would require haulers to use smaller vehicles to collect trash and is designed to eliminate deterioration of City streets by the large heavy trucks. Following discussion, the Commission reaffirmed its recommendation that a district method be adopted whereby the City would be divided into districts and each district would be bid to one hauler. 4. APPOINTMENTS - RECOMMENDATIONS TO COUNCIL 1994 Planning Commission Chair Bean moved, Hansen seconded to appoint Kirk Rosenberger to the position of chair of the Planning Commission. Motion passed 4/1. Rosenberger abstained. .2 . . . PLANNING COMMISSION MINUTES Tuesday, October 19, 1993 - Page 3 1994 Planning Commission Vice Chair Bean moved, Hansen seconded to appoint Deborah Borkon to the position of Vice Chair of the Planning Commission, subject to her acceptance. Motion passed 5/0. Liaison to the Park Commission Hansen moved, Malam seconded to appoint Deborah Borkon to the position of Liaison to the Park Commission, subject to her acceptance. Motion passed 5/0. Liaison to the Lake Minnetonka Cities Cooperative Services Advisory Committee Malam moved, Hansen seconded to appoint Robert Bean to the position of Liaison to the Lake Minnetonka Cities Cooperative Services Advisory Committee. Motion passed 5/0. Liaison to the City Council Hansen moved, Malam seconded to appoint James Pisula to the position of Liaison to the City Council. Motion passed 5/0. The Commissioners suggested that consideration be given to automatic rotation of the Vice Chair to the position of Chair after a 2-3 year term of the Chair. 5. MATTERS FROM THE FLOOR Hansen expressed thanks and appreciation to the Commissioners and Nielsen and the staff for the opportunity to work with them for the past two years. 6. REPORTS In the absence of Council Liaison Lewis, Malam reviewed the actions taken by the Council at its October 11 meeting and answered questions. The Commissioners discussed future meeting agenda matters including criteria for senior citizen housing and options for Radisson Road. This being the last meeting for Commissioner Hansen whose resignation from the Planning Commission is effective November 1, 1993: 3 . . . PLANNING COMMISSION MINUTES Tuesday, October 19, 1993 - Page 4 Rosenberger moved, Malam seconded to adopt the following resolution in recognition of Hansen's service on the Planning Commission: BE IT RESOLVED THAT: WHEREAS, Jack Hansen was appointed to the Planning Commission in 1991 to fill the shoes of Dick Spellman and has done so admirably; (Nielsen) WHEREAS, Jack Hansen has distinguished himself with his loquacity, iconoclasm and irascibility in the past 9 months of our common service on this Commission; (Pisula) WHEREAS, Jack Hansen was a staunch defender of the isolationist mentality of the Islands and his overall concern for the good of Shorewood will be missed greatly; (Malam) WHEREAS, Jack Hansen has the best Jonathan Winters tapes I've seen in the last 5 years; (Bean) WHEREAS, Jack Hansen was a stickler for accuracy of the minutes and made sure he trained a succeeding stickler; (Bergfalk) WHEREAS, Jack Hansen proved to be fair and firm with the other Commissioners as well as with the general public, therefore be it resolved that the Planning Commission of the City of Shorewood wishes Jack and his wife a happy, healthy and productive future. (Rosenberger) Motion passed 4/0. Hansen abstained. 7. ADJOURNMENT Hansen moved, Bean seconded to adjourn the meeting at 7:50 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as strikeouts (deletions) and italics (additions). 4 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 16, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Bonach, Borkon, and Malam; Commissioner-Appointee Turgeon; Council Liaison Lewis; Planning Director Nielsen and Administrator Hurm. Absent: Commissioners Foust and Pisula. APPROVAL OF MINUTES Malam moved, Bean seconded to approve the minutes of the Commission's October 19, 1993 meeting, amended on page 4, paragraph 9, to read: Motion passed 4/0. Hansen abstained. (added material underscored) Motion passed 5/0. RESOLUTION This being the last meeting for Commissioner Bonach whose resignation from the Planning Commission is effective December 1, 1993: Rosenberger moved, Borkon seconded to adopt the following resolution in recognition of Bonach's service on the Planning Commission: BE IT RESOLVED THAT: WHEREAS, Louise Bonach has trained the Planning Commission to an even greater extent than ever imaginable, the true meaning of waste management; (Bean) WHEREAS, Louise Bonach will be sorely missed, if for nothing else, for her additions to the snack table at the Planning Commission desk; (Malam) WHEREAS, Louise Bonach once was blind but has now seen the light; (Nielsen) 1 . . PLANNING COMMISSION MINUTES November 16, 1993 - Page 2 WHEREAS, Every cause needs a champion and Louise Bonach has championed a few; (Lewis) WHEREAS, Louise Bonach has considered the issues before the Planning Commission with sensitivity and compassion; (Bergfalk) WHEREAS, Louise Bonach has come in like a lion and gone out like a lamb; (Borkon) WHEREAS, Although I have not had the opportunity to work with Louise Bonach like the rest of the Commissioners, I look forward to taking over and trying to put up with as much flak as she has; (Turgeon) WHEREAS, We have noticed the southern dialect become stronger as the weeks progressed; (Rosenberger) NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Shorewood wishes Louise Bonach and her family the best of luck in Memphis, Tennessee. Motion passed 4/0. Bonach abstained. Commissioner Bonach expressed thanks and appreciation for the opportunity to serve on the Planning Commission. Bonach left the meeting at this point. APPOINTMENTS Borkon moved, Malam seconded to appoint Laura Turgeon to the position of Park Liaison for the period January through June 1994 and Deborah Borkon to the position of Park Liaison for the period July through December 1994. Motion passed 4/0. 1. STUDY SESSION Senior Housing Site Analysis Nielsen stated the criteria for senior housing site evaluation have been narrowed to nine criteria listed on page 2 of his memorandum dated November 16. He explained the reasons for deletion of other suggested criteria and explained the application of the criteria for evaluating senior housing sites in Shorewood. Nielsen specifically requested guidance relative to criteria no. 8: Acceptable pedestrian proximity to parks/trails, and no. 9: Acceptable vehicular and pedestrian access to commercial and professional services. . Chair Rosenberger left the meeting at this point. 2 . . PLANNING COMMISSION MINUTES November 16, 1993 - Page 3 The Commissioners discussed the criteria presented. It was the consensus of the Commission that the following changes be made to the criteria list: clarification of required site alteration; addition of pedestrian safety; deletion of bus availability; pedestrian proximity to recreational access be less than 1/2 mile and vehicular access to commercial and professional services of less than 5 miles and pedestrian access of less than 1/2 mile. A revised criteria list applicable to the 3 types of senior housing recommended by the senior housing task force will be sent to each Commissioner for review and ranking for importance. Nielsen requested return of the revised list within one week. Comp Plan - Community Facilities Chapter Chair Rosenberger returned to the meeting at this point. Nielsen reviewed each section of the Chapter Outline of the Community Facilities/Services Plan. He indicated two complex issues in the Community Facilities Chapter are city water and refuse hauling. The Commission considered each section. Following lengthy discussion of the refuse hauling issue including a plan being considered by the Council, it was the consensus of the Commission that a district method be adopted whereby the City be divided into districts and each district be bid to one hauler. The Commission's recommendation is predicated on reducing deterioration of the City's streets occurring under the present hauling system. This issue is scheduled for discussion at a joint meeting with the Council on November 30. Borkon suggested that residents should have some mechanism to enable them to maintain their present collection system if they prefer, until some time (designated by the City) when they would have to switch over, such as when they move. Following lengthy discussion of the City water issue, it was the consensus of the Commission that an objective stating that the City of Shorewood will accomplish installation of City water for its residents within 10 years be included in the current Comprehensive Plan. The Commission's recommendation is based on the condition of the current water system. Nielsen stated extensive work is required to revise the Water System section in the Community Facilities Chapter. During discussion of the Public Safety section, the Commission inquired who responds to 911 calls from the Islands. Staff will provide this information. 2. MATTERS FROM THE FLOOR - None. 3. REPORTS . Council Liaison Lewis reviewed the actions taken by the Council at its November 8 meeting and answered Commissioners' questions. 3 . . . PLANNING COMMISSION MINUTES November 16, 1993 - Page 4 4. ADJOURNMENT Malam moved, Borkon seconded to adjourn the meeting at 10:25 p.m. Motion passed 4/0. RESPECTFUllY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial NOTE: Planning Commission corrections to minutes at the subsequent meeting appear as strikeouts (deletions) and italics (additions). 4 . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 7, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Rosenberger called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Rosenberger; Commissioners Bean, Borkon, Malam, Pisula and Turgeon; Planning Director Nielsen. Absent: Commissioner Foust. APPROVAL OF MINUTES Borkon moved, Bean seconded to approve the minutes of the Commission's November 16, 1993 meeting amended by adding as sentence 2, to paragraph 5, page 3: Borkon suggested that residents should have some mechanism to enable them to maintain their oresent collection system if they orefer. until some time (designated by the City) when they would have to switch over. such as when they move. (new material underscored) Motion passed 6/0. 1. 7:00 PUBLIC HEARING - C.U.P. - ACCESSORY SPACE IN EXCESS OF 1200 Sa.FT. Aoolicant: Location: Ron Lind 26400 Strawberry Court Chair Rosenberger announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background of Mr. Lind's request for a conditional use permit in connection with construction of a new home at 26400 Strawberry Court. The home includes a large three-car garage containing 1361 square feet of area. Since the garage exceeds 1200 square feet, a C.U.P. is required pursuant to the City Code. The property, zoned R-1A, contains 40,140 square feet of area. The proposed house is one story high and will contain 1857 square feet of area. Nielsen explained how the applicant's request complies with the Code's four specific criteria for allowing space over 1200 square feet: a. the amount of accessory space (1361 sq.ft.) does not exceed the floor area above grade of the principal building 1 . . . PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 2 (1857 sq.ft.); b. total area of accessory space does not exceed 10% of the minimum lot size for the R-1 A zoning district; c. the new house and garage comply with the setback requirements of the zoning district (50' setbacks on both Strawberry Lane and Strawberry Court); and d. since the garage is attached and integral to the house, the architecture and building materials are consistent with the house and the area in which it is located. Nielsen noted the house is currently under construction. He indicated that although the building plans include an interior separation wall for a workshop area and a doorway into the house, the applicant may not construct the interior wall and will not connect the shop to the house with a doorway. Nielsen stated the applicant's request is consistent with Shorewood's zoning regulations and recommended granting of the C.U.P. as proposed. Mr. Lind stated the exterior of the home fits into the area and clarified the 161 square foot workshop area toward the back of the home will be used for personal hobby space. Chair Rosenberger opened and closed the public hearing at 7:11 p.m., there being no comments from the public. Bean inquired whether the project is in compliance if the interior wall is not constructed. Nielsen stated the applicant desires flexibility to decide whether the wall and doorway are constructed. Pisula moved, Borkon seconded to recommend to the Council that it approve the request of Mr. Ron Lind for a C.U.P. for Accessory Space in Excess of 1200 Square Feet at 26400 Strawberry Court. Motion passed 6/0. The recommendation will be considered by the Council at its December 13 meeting. 2. 7:15 PUBLIC HEARING - C.U.P. - ACCESSORY SPACE IN EXCESS OF 1200 SO.FT. Aoolicant: Location: Dean Spatz 28235 Boulder Circle Rosenberger announced the case and reviewed the procedures for a public hearing. Nielsen reviewed the background to Mr. Spatz' request for a conditional use permit - for accessory space in excess of 1200 square feet and a conditional use permit for fill in excess of 100 cubic yards at 28235 Boulder Circle. Extensive remodeling of the existing house includes addition of an attached four-stall garage which combined with two existing accessory buildings amounts to 1378 square feet of accessory space making the total accessory area in excess of the 1200 square feet allowed in the R-1 A 2 . . . PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 3 zoning district. The remodeling includes site improvements to relocate the existing driveway and site grading to correct existing drainage problems. The amount of fill proposed to be brought in exceeds 100 cubic yards which requires a second C. U. P. Nielsen explained how the applicant's request complies with the Code's criteria allowing accessory space to exceed 1200 square feet of area: a. total area of accessory space (1378 sq.ft.) does not exceed the floor area above grade of the existing house (main floor is 4570sq. ft.); b. area of accessory space does not exceed 10% of the minimum lot size for the R-1 A zoning district; c. although the proposed structure complies with zoning setback requirements, the existing utility buildings do not; therefore the small shed will be removed and the larger shed will be moved to comply with front and side yard setback requirements; d. architecture of the existing accessory building and the proposed addition are consistent with the existing home. Nielsen pointed out the applicant's plans have been modified to comply with the maximum 25 % lot coverage requirement for the Shore land District. Proposed lot coverage is 24.47%. Nielsen stated site grading directs drainage to the north side of the home. The City Engineer recommends that a drainage pipe be installed to provide a positive outlet from the low area to the lake; plans show a 4" overflow pipe extending toward the lake. Nielsen noted that construction of the addition has begun. The applicants were required to post a cash escrow to guarantee that the existing utility building will be moved or removed. Nielsen stated the applicant's request is consistent with City Code requirements and recommended approval of the C.U.P for accessory space and for fill in excess of 100 cubi~ yards subject to the following: 1. small utility shed must be removed. 2. larger shed must be moved to comply with setback requirements. 3. site grading shall comply with the City Engineer's recommendations. 4. these items shall be completed by June 1, 1994. Mr. Spatz stated the low areas on the property have been a problem over the years and that his neighbor intends to participate in some of the drainage improvement activity. He explained the smaller accessory building will be removed and the other will be moved to a location complying with the setback requirements. Chair Rosenberger opened and closed the public hearing at 7:22 p.m., there being no comments from the public. Bean requested clarification the Engineer's position on the drainage issues. Nielsen stated that about 300 cubic yards of fill will be required primarily to accommodate relocation of the driveway and construction of a turnaround area in front of the garage. This is not expected to impact the drainage. Grading for the low depression along the north side of the house will improve the existing situation. Bean inquired what will be draining directly into the lake. Nielsen stated this is not hard cover, but a large grassy area, and is considered an overflow area. 3 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 4 . Borkon requested clarification of the location of the neighbor's participation in drainage improvement. Mr. Spatz indicated the joint improvements are planned on the north side of the house and explained that rock will be placed to filter the water flowing to the lake and fill will be used to increase elevation in the area. Rosenberger inquired why construction haS begun on this project and the one previously considered without the proper approvals. Nielsen stated that both plans were basically in compliance with Code requirements, escrow funds were posted in one case, and occupancy certificates would be withheld if recommendations and compliance were not agreed upon. Borkon moved, Malam seconded to recommend to the Council that it approve the request of Dean Spatz for a C.U.P. for Accessory Space in Excess of 1200 square feet and a C.U.P. for Fill in Excess of 100 Cubic Yards at 28235 Boulder Circle, subject to the recommendations of the staff. Motion passed 6/0. The Council will consider the recommendation at its December 13 meeting. 3. 7:30 PUBLIC HEARING - SIMPLE SUBDIVISION/LOT AREA VARIANCE . Apolicant: Location: Gregory Erickson 5920 Howards Point Road Chair Rosenberger announced the case and outlined the procedures for a public hearing. Rosenberger acknowledged receipt of a letter dated December 7, 1993 from Mr. David L. McCuskey, 5250 Howards Point Road, Shorewood, received via fax at 5:24 p.m., December 7, regarding this application. Nielsen reviewed the background to Mr. Erickson's request to subdivide his property into two lots at 5290 Howards Point Road. The property is zoned R-1A/S and according to the current survey contains 80,536 square feet. The proposed lots contain 35,456 square feet and 45,080 square feet of area. The northerly lot has approximately 130' along the lake side setback line and 170' of frontage on Howards Point Road. The southerly parcel has 118' at the lakeshore setback and 243' of frontage on Howards Point Road. . Nielsen stated the applicant initially proposed a division which technically complied with all zoning requirements. He pointed out, however, that in order to keep the two lots the same size, that plan included a gerrymandered lot line between the lots. This would have resulted in two lots with odd configurations making the side yard setbacks between the two lots meaningless. Staff suggested the center lot line be straightened out and made perpendicular with the shoreline of the lake. This will also reduce the angle of the lot line to Howards Point Road. This plan was ac~epted by the applicant 4 . . . PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 5 and requires a lot area variance. Nielsen recommended approval of the subdivision/lot area variance. Nielsen stated that since his report was written, it has been brought to his attention by Mr. McCuskey that a discrepancy exists between the June 1990 survey and the new survey. The 1990 survey shows a total parcel area of 78,610 square feet measured to the 929.4 contour. In April 1993, a permit was obtained from the Watershed District to riprap the lakeshore of the property and to extend the riprapping up to 5' into the lake below the 929.4 contour. The current survey, prepared after completion of the project, shows a total area measured to the 929.4 contour of 80,536 square feet. Nielsen stated that according to the City Attorney, the current certified survey should be used by the City in considering this application. Mr. McCuskey takes issue with the ability to alter the shoreline to create additional land and suggests the Watershed District be contacted to determine whether the project was completed according to its permit specifications. Nielsen stated that if the subdivision is approved a number of conditions are attached and until the area discrepancy was brought up, the subdivision appeared to be uncomplicated. Mr. Greg Erickson stated he was available to answer questions, that a copy of the Watershed District permit has been submitted to the City and that the wall was constructed according to the plans. Chair Rosenberger opened the public hearing at 7:40 p.m. Mr. Jeff Carroll, Erickson's attorney, requested a copy of Mr. McCuskey's letter. Mr. David McCuskey stated that in the course of the riprapping, the square footage of the lot was expanded by approximately 2,000 square feet. He noted that according to Erickson, the Watershed District approved a 5' extension at the high water mark. McCuskey stated this was not true, and that calculations show that even if the permit had allowed the riprapping to be at or above the 929.4 contour, it would not have afforded enough surface area at that contour to cause the total area of the property to equal at least 80,000 square feet, which is the minimum size required for a subdivision to occur without a variance. McCuskey questioned whether the completed project complied with the permit. He stated it is inappropriate for the City to reward abuse by allowing the subdivision and inappropriate for the City to take the surface area of riprapping (which is a pile of loose rock) into account in calculating lot size as it is no more a part of the lot than a dock would be. Mr. Tom Wartman stated that on behalf of Mr. and Mrs. Erickson, the property has been marketed as a single use site with the existing home to be remodeled or torn down. However, that has not been successful. It was suggested that the shoreline be stabilized and to further beautify the property for continued marketing as a single site. He described the project which cost more than $40,000 as allowed under the Watershed permit. Workman stated the property has not sold as a single site, therefore, subdivision of the lot is requested. He pointed out that of the 12 lots on Howards lake Point, 6 lots are in excess of 40,000 square feet, but 6 are less than 5 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 6 . that size. The single family home will be removed and the subdivided properties will be placed on the market. Chair Rosenberger closed the public hearing at 7:48 p.m. Nielsen reiterated the staff suggestion designed to avoid the gerrymandered lot line initially proposed by the applicant. He stated the applicant's original proposal would not have required a variance. However, consistent with the City's policy to avoid gerrymandered lot lines, the suggestion, accepted by the applicant, while straightening out the lot lines results in one lot containing less than the 40,000 square feet required by the zoning ordinance and therefore requires a lot size variance. . Bean suggested it may be appropriate to continue consideration of the application in order that the City Attorney may further review the permits and the definition of lot to get a definitive opinion as to the size of the lot. Turgeon suggested further information be obtained from the DNR and the Watershed District. Borkon inquired as to the date of the Watershed District permit. The date is April 22, 1993. Pisula agreed with Bean's suggestion and inquired whether a similar situation has arisen in the past. Nielsen responded that a similar situation has not arisen before. Malam stated the issue was clearly one of making a determination on the variance for the lot which is less than 40,000 square feet and as pointed out, other lots in the area are less than the zoning district requirement. Bean stated the other smaller lots likely existed prior to the zoning requirement. He stated the question is whether the property has 80,000 square feet and is subdividable. Malam stated that regardless of the total square footage, one of the proposed lots will require a variance. Rosenberger supported the plan to avoid gerrymandered lot lines and agreed with Malam's view that the issue is ultimately one of lot size variance. Bean reiterated that the fundamental question is whether the property is subdividable and questioned the City's exposure should it be subsequently determined the lot is less than 80,000 square feet. Borkon agreed with Bean's position and stated the legal ramifications regarding the size of the property should be resolved before consideration of a variance. Nielsen stated that if the original proposal had not had the gerrymandered lot line, the application would have been processed as a simple subdivision and the discrepancy between the two surveys would not have likely been brought to the City's attention. Nielsen stated the ordinance does not prohibit gerrymandered lot lines, however from a planning standpoint, some authority is provided to control such lines. Malam stated the Commission has set a precedent to generally reject gerrymandered lot lines and reiterated that the question remains that of a determination on a lot size variance. . Bean moved, Pisula seconded to continue to January 4, 1994 consideration of the request of Gregory Erickson for a simple subdivision/lot area variance at 5290 Howards Point Road, and requested the staff to obtain the Attorney's opinion as to which survey is valid, determine which survey the City is required to abide by, make a determination of the actual dividable square footage of this parcel, and determine 6 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 7 . whether the riprapping and alterations to the shoreline and property are in accordance with the Watershed District's original permit. Mr. Carroll stated that circumstances have changed since the property was surveyed in 1990 and the current survey conducted under accepted professional standards shows square footage in excess of 80,000. With regard to the variance, Carroll stated the straightened lot line is in essence a convenience for the City. He pointed out the proposed subdivision does not adversely affect the general health, safety and welfare of the City or public, does not affect the density of the property, and that a 35,000 square foot lot is in character with other lots in the area. Malam questioned whether the Commission has the right to ask which survey is valid since the 1990 survey has not been presented in connection with the application. Nielsen stated the old survey is part of the City's records. Bean stated the ordinance does not allow subdivision of a parcel less than 80,000 square feet; therefore, it is important the Commission review additional information before making a determination on the application. Malam reiterated his view that the question before the Commission is that of a decision on a lot area variance. . Rosenberger inquired as to the urgency of action on the application. Mr. Erickson stated his preference for a vote on the variance issue at this time since a certified survey has been presented and the subdivision proposal has already been modified as recommended by the staff. In addition, the house is being torn down in the next two weeks and action by the Commission at this time will enhance marketing of the subdivided parcels to interested parties. Borkon suggested it may be in the best interest of the applicant that action be deferred to allow for further exploration of the issues. Rosenberger stated that sufficient information exists to make a decision at this time. He noted the current survey showing 80,536 square feet is clearly a dividable parcel. Nielsen stated that if the total parcel area is 78,610, the lot area variance would be larger; however, the parcel would not be dividable under the ordinance. He suggested the Commission may wish to table the application for further information or approve it subject to verification from the City Attorney, the Watershed District and the DNR that the 80,536 square feet of area is accurate and valid. Motion passed 4/2. Rosenberger and Malam voted nay. 4. SIMPLE SUBDIVISION/LOT COMBINATION Aoolicant: Location: McNulty Construction 4611-1 7 Bayswater Road . Nielsen stated the City Attorney is reviewing this request to determine whether Commission and Council approvals are necessary. He described the current Amesbury West planned unit development, noting it is nearly completed. The applicant is 7 PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 8 . proposing to combine two lots planned for four townhome units near the entrance of the site from Minnetonka Boulevard to Bayswater Road and build two patio homes rather than four townhomes. Nielsen stated the only question with this plan arises from the fact that the original covenants for the P.U.D. specifically provided for combining lots for a four-year period, therefore the authority to do so at this time is being examined by the City Attorney. Nielsen suggested approval of combination of the two lots subject to the recommendation of the City Attorney. Malam moved, Bean seconded to recommend to the Council that it approve the request of McNulty Construction for a simple subdivision/lot combination at 4611-17 Bayswater Road, subject to review and recommendation by the City Attorney. Motion passed 6/0. The Council will consider the recommendation at its December 13 meeting. The meeting recessed at 8: 15 p.m. and reconvened at 8:20 p.m. 5. PUBLIC HEARING - PRELIMINARY PLAT AND LOT WIDTH VARIANCE - MOTT ADDITION (continued from October 5, 1993 - November 2 meeting canceled) . Applicant: Location: Whitley Mott 24850 Yellowstone Trail Chair Rosenberger announced the case noting the public hearing is a continuance from the October 5, 1993 meeting. He acknowledged the receipt of a letter dated December 7, 1993 from Mr. William F. Kelly regarding this application. Nielsen reviewed the September 30, 1993 staff report which suggested that a lot width variance was not justified but that taking into consideration future development of the property, a reasonable way to divide the property would be to plat a dedicated street coming in from the west or from the south. Two alternatives were presented essentially to go either way. Rather than a lot width variance, it was recommended that a variance be granted to allow the division without requiring the applicant to build a public road until the property was further developed. Before accepting the recommendation, Mr. Mott requested that he be permitted time to complete soil borings to make sure the property was subdividable beyond two lots and what the nature of the soil is in the area of the proposed road. A revised preliminary plat has been submitted consistent with the recommendations made in the September 30 staff report. The proposal will create two lots, one with the existing home, and the other being the remaining property. . Nielsen stated the area designated as Outlot A of the preliminary plat should be designated as a proposed right-of-way for a future street. The development agreement will contain language stating that the street would not be constructed until such time that the other lot is developed. The plan provides the City with protection 8 . . . PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 9 and provides notice to a future buyer that a street must be constructed as part of the development. The revised preliminary plat is consistent with the September 30 staff recommendations and approval is recommended subject to the following: 1. developer must provide protective covenants setting forth conditions for the future development of Lot 2, specifically that any further subdivision of Lot 2 shall require construction of a standard city street and provision of utilities. 2. plat need not preclude future development which would propose access from the west and if that design proves feasible in the future, the City should be willing to vacate the street being platted at this time. 3. City should grant the applicant an incidental use of right-of-way permit to construct a driveway along the platted street. 4. first home may be served by an individual sewer stub, further development of Lot 2 will require a standard 8" main. 5. final plat should show Outlot A as a dedicated street right-of- way and a street name selected. 6. applicant must submit a final plat within 6 months of the Council's approval of the preliminary plat. Nielsen referred to Mr. Kelly's correspondence and reiterated that the proposed plat contains provision for a public street to be constructed at the time of subdivision of Lot 2 and that the property is being divided into only 2 lots. Kelly questioned the buildability of a street based on the soil borings. Nielsen stated the City Engineer's review of the soil information indicates that street and home construction will require soil correction, but that the soil conditions are not untypical for Shorewood. The Engineer recommended that any future construction of the street or buildings be done according to the soil engineer's analysis and recommendations. Nielsen stated any homes constructed would have to be located to avoid flooding. Mr. Mott thanked Nielsen for his efforts and indicated that as the applicant, he has worked diligently to comply with the staff's requests. Chair Rosenberger opened and closed the public hearing at 8:30 p.m., there being no comments from the public. Turgeon requested clarification of the nature of the soil corrections. Nielsen explained that 9 feet of materials must be removed in order to reach stable soil and excavating must be done carefully at that point so the silty clay does not turn to mush, oversized footings may be required, and sand or gravel may need to be added to the base. Similarly, a 3-4 foot subgrade cut may be necessary for street construction with addition of a granular base. Turgeon requested clarification of the flooding in the area described in Mr. Kelly's letter. Nielsen stated the area has drainage problems, but that a house must be built above the 100 year flood elevation. Pisula requested clarification regarding the platting of a street. Nielsen stated the ordinance requires that each lot have frontage on a public street and the original proposed was a flag lot. Nielsen reviewed the zoning and subdivision requirements for granting variances. The City's primary concern is that the property is large enough for four lots and plans should be in place for such future development. 9 . . . PLANNING COMMISSION MINUTES December 7, 1993 - PAGE 10 Malam inquired whether lot 2 will be required to tap into the 8" sewer main when lots 3 and 4 are developed. Nielsen indicated it could remain on the gravity stub. Bean inquired whether the developer of lot 2 will bear the cost of construction of the street. Nielsen stated the cost of construction of the street will be the responsibility of the developer of lot 2. Rosenberger inquired whether adjacent neighbors expressed concerns regarding the application. It was noted that no objections have been received. Malam moved, Borkon seconded to recommend to the Council that it approve a preliminary plat and lot width variance for Whitley Mott at 24850 Yellowstone Trail, subject to the recommendations of the staff. Motion passed 6/0. The Council will consider the recommendation at its December 13 meeting. 6. MATTERS FROM THE FLOOR - None. 7. REPORTS - None. Chair Rosenberger regretted Council Liaison lewis' absence. Nielsen commented on the status of plans for the re-construction of the Vine Hill intersection noting that construction is expected to begin in June 1994. Nielsen distributed his December 7, 1993 memorandum and attachment regarding the Senior Housing Site Evaluation Study and requested the Commissioners to complete the ratings for Senior Housing Site Criteria for return to his office by December 13, 1993. 8. ADJOURNMENT Turgeon moved, Pisula seconded to adjourn the meeting at 8:45 p.m. Motion passed 6/0. RESPECTFUllY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial 10