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1998 planning minutes . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 6, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Pro Tern Chair Lizee called the meeting to order at 7:00 p.m. ROLL CALL Present: Pro Tern Chair Lizee; Commissioners Kolstad, Borkon, Champa, Bailey, Callies, and Collins; Planning Director Nielsen; Council Liaison O'Neill APPROVAL OF MINUTES Planning Commission Minutes - December 16, 1997 Champa moved, Borkon seconded approving the Planning Commission Minutes of December 16, 1997, as amended on Page 1, delete the notation reflecting Commissioner Foust was absent; Page 3, Paragraphs 13 and 16, change "Ohio" to "New York"; Paragraph 14 change "curlegend" to "curmudgeon"; Page 4, Paragraph 3, capitalized "Wealthy." Motion passed 4/3. (Commissioners Bailey, Callies and Collins abstained.) 1. PUBLIC HEARING - C.U.P. FOR MINNETONKA COUNTRY CLUB GOLF COURSE Applicant: Location: Minnetonka Country Club Association 24575 Smithtown Road Planning Director Nielsen noted this matter has been rescheduled to the February 3, 1998 meeting of the Planning Commission to allow the applicant an opportunity to address current State Building Code requirements. 2. RECOMMENDATION FOR 1998 CHAIR, VICE CHAIR AND COUNCIL LIAISON Pro Tern Chair Lizee felt given the number of new commissioners as well as the substantial issues on the Commission's agenda this year, it will be necessary to select a chairperson who possesses the experience and leadership necessary to be an effective guide to the Commission. She felt the chairperson must also demonstrate skills relative to communication, community concern, citizen respect, consensus building and conflict resolution. . . . PLANNING COMMISSION MINUTES JANUARY 6, 1998 - PAGE 2 Lizee moved, Kolstad seconded, nominating Commissioner Borkon to the position of Chair and Commissioner Champa to the position of Vice Chair. Commissioner Kolstad commented she seconded the motion, although she felt it was inappropriate. Commissioner Champa noted his agreement with Pro Tern Chair Lizee's comments, however, he stated he would feel more comfortable with a more experienced commissioner holding the position of Vice Chair. He also felt a more experienced Commissioner would be more deserving of this position. Commissioner Champa noted his intention to nominate Commissioner Kolstad to the position of Chair. Kolstad moved, Lizee seconded amending the motion to remove the nomination of Vice Chair from the motion and treat it as a second motion. Motion passed 7/0. Lizee moved, Champa seconded nominating Commissioner Borkon to the position of Chair. Motion passed 7/0. Kolstad moved, Borkon seconded nominating Commissioner Lizee to the position of Vice Chair. Motion passed 7/0. With respect to the position of Council Liaison, Commissioner Champa suggested each commissioner take a turn attending the Council meetings in the capacity of Council Liaison. Commissioner Callies noted she could not commit to regularly attending the Council meetings due to various other commitments. Nielsen suggested a calendar be established to ensure each commissioner is aware of the dates they will be responsible for attending the Council meeting and providing a report. 3. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION Applicant: Location: James Bruce 5755 Merry Lane Mr. Bruce was in attendance. Pro Tern Chair Lizee opened the public hearing at 7:27 p.m. Bob and Carol Anderson, 5725 Merry Lane, were in attendance and stated they are in complete support of Mr. Bruce's request. Hearing no further public testimony, Pro Tern Chair Lizee closed the public hearing at 7:28 p.m. Commissioner Borkon questioned which entrance the employee will be utilizing and Mr. Bruce explained it will be the entrance on the lower level. PLANNING COMMISSION MINUTES JANUARY 6,1998. PAGE 3 . Commissioner Callies did not see a need to add the special condition relative to the permit being limited to this owner since the existing ordinance states the permit does not run with the land and is not transferrable. Ms. Anderson noted her belief Mr. Bruce's address is incorrect and Nielsen will investigate this matter. Pro Tern Chair Lizee noted there to be a collection of construction type debris in the east/northeast comer of the property and suggested this be removed in the spring. She also noted a drainage pipe in the area of the stairs to the lower driveway and inquired whether it will be buried. Mr. Bruce explained this pipe drains the upper driveway and has been in existence prior to Mr. Bruce acquiring the property. Pro Tern Chair Lizee requested Mr. Bruce investigate this matter in the spring and he agreed. Borkon moved, Callies seconded approving a C.U.P. for Special Home Occupation for James Bruce, 5755 Merry Lane. Motion passed 7/0. This matter will come before the City Council for their review on January 26, 1998. 4. PUBLIC HEARING. C.U.P. FOR SHOREWOOD NURSERY RENOVATION . Applicant: Location: Brian Pipkorn, Akorn Services, Inc. 23505 Smithtown Road Mr. Dennis Pipkom was in attendance and noted he just received the report of Engineer Brown and has not had an opportunity to review it. He noted Brian Pipkom, William Asp and Wayne Jeske were also in attendance. Mr. Pipkom addressed the issue of Wood Duck Circle and stated this driveway is important for use by employees of the nursery and would not be used by dump trucks or semis. With respect to outdoor storage, Mr. Pipkom explained he is in agreement with the recommendation of a six foot fence, however, he would like it limited to the area where landscape materials are stored and not all the way out to the roadway. Nielsen noted his agreement. Mr. Pipkom noted the signage on the property will be brought into conformity with the Zoning Code and a signage plan will be submitted. Mr. Pipkom felt the situation had been improved with the creation of the two driveways on County Road 19. He requested the westerly driveway, for which the Hennepin County Transportation Department has suggested closure, be retained given the large trucks and semis which must access the area to unload various materials. Mr. Pipkom also explained during the peak business periods, having only one access would significantly increase congestion on the . site. .. PLANNING COMMISSION MINUTES JANUARY 6, 1998 - PAGE 4 . Mr. Jeske reviewed Engineer Brown's report and was in agreement with the recommendations contained therein. Commissioner Borkon expressed concern relative to ingress and egress on County Road 19. She inquired whether it is recommended the Wood Duck Circle access be closed in light of the suggestion by Hennepin County that the westerly driveway access from County Road 19 be closed. Nielsen explained transportation engineers generally prefer fewer points of conflict on a highway and this is achieved through the utilization of fewer access points. Mr. Asp stated with only one entrance, he anticipates a significant problem with congestion. Commissioner Borkon expressed concern relative to closing the driveway on County Road 19 given the level and speed of traffic in this area. Nielsen explained the City can make a recommendation to the County, however, the County will need to make the final decision. Commissioner Collins felt if the County is recommending closure by statute or ordinance, there would not be any point in discussing this matter further. He felt two accesses to be more appropriate and felt the current design to be suitable for this area. Commissioner Borkon suggested posting signage which would specify that vehicles of a certain weight will not be allowed on the County Road. . Council Liaison O'Neill pointed out employee cars are also considered commercial traffic on a residential street. Commissioner Champa noted his recollection that the neighborhood was in support of keeping Wood Duck Circle open. Nielsen noted this was not his recollection. With respect to traffic in and out of the site, Brian Pipkorn commented at the peak of the season, there would be 16 employees on the site. Commissioner Champa was in agreement with having two driveways. In the event one of the driveways is closed by the County, he would suggest leaving the Wood Duck Circle access open. Commissioner Borkon felt it may be appropriate to leave all three access points open. Commissioner Callies inquired how many employees versus customers utilize the Wood Duck Circle access. She felt the majority of the traffic in and out of the Wood Duck Circle access would most likely be employees. Commissioner Callies felt the Wood Duck Circle access could be posted no deliveries or weight restrictions imposed. Commissioner Kolstad expressed concern relative to hardcover and felt if hardcover could be reduced to under 25 percent, the Wood Duck Circle access should remain open. Commissioner Champa commented if the two entrances on County Road 19 remain, there is no need for the Wood Duck Circle access. Commissioner Bailey noted his agreement with Commissioner Champa and stated he would prefer the two entrances on County Road 19 with the closure of Wood Duck Circle. . ....... PLANNING COMMISSION MINUTES JANUARY 6,1998 - PAGE 5 . Pro Tern Chair Lizee inquired relative to the grading where the site meets the pond. She noted there is a steep slope which appears unstable and asked whether there are plans to grade or plant this area with ground cover. Mr. Asp explained wildflowers and overstock will be planted throughout this area. He noted this will be included on the final plans. Pro Tern Chair Lizee confirmed this operation will function as a holding greenhouse as opposed to a growing greenhouse. Commissioner Champa expressed the concerns of the Commission relative to a growing type greenhouse and the use of chemicals and pesticides. Mr. Asp explained the floor of the greenhouse will be sloped with any water spillage draining to the outside. In addition, he explained hand watering will be utilized and there will not be any use of chemicals or pesticides. Pro Tern Chair Lizee requested the car which is being displayed for sale on the property be removed. Nielsen noted this is not an authorized use of the property. The car must be in the parking lot and not on the public right of way and may only be there, posted for sale, when Mr. Asp is present on the premises. . Champa moved, Borkon seconded informing the County it is the City's recommendation the two driveways on County Road 19 be left open and approving the Conditional Use Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smithtown Road, subject to staff recommendations making an addition to Recommendation No. 10, that no permanent water fixtures are allowed in the greenhouse unless a floor drain is installed. Approval of the Conditional Use Permit is also subject to Engineer Brown's recommendations, deleting Recommendation No.2. Motion passed 7/0. Commissioner Collins stated he prefers all three driveways be left open, but felt the motion to leave open the two access points on County Road 19 to be the best alternative in the spirit of compromise and in an effort to regain some of the impervious surface. Nielsen explained in the event the County gives approval to leaving the two driveways on County Road 19 open, the Wood Duck Circle access will be closed. In the event the County eliminates one driveway on County Road 19, the Wood Duck Circle driveway will remain open. Pro Tern Chair Lizee noted this matter will come before the Council on January 26, 1998 for their consideration. 5. RECOMMENDATION FOR A 1998 COUNCIL LIAISON Commissioner Kolstad was in agreement with concerns which had been raised by Pro Tern Chair Lizee relative to the timing of the Commission's reports to the Council and the subsequent lapse of time before a particular matter comes before the Council for consideration. Nielsen suggested a brief report be given at each Council meeting and then a more elaborate . report be given at the meeting in which the Council is actually considering a particular matter. .- . . . PLANNING COMMISSION MINUTES JANUARY 6, 1998 - PAGE 6 It was decided Commissioners Borkon, Kolstad, Lizee and Champa will cover the first four rotations as follows: Commissioner Borkon Commissioner Kolstad Commissioner Lizee Commissioner Champa January 12 and 26 February 9 and 23 March 9 and 23 April 13 and 27 It was agreed there will be a liaison to the Park Commission at only those meetings which are relevant to the Planning Commission and a liaison will be selected at that time. 6. MA TTERS FROM THE FLOOR - None 7. REPORTS Commissioner Kolstad informed the new commissioners two subscriptions have been obtained to Zoning News and will be circulated for their review. Nielsen noted the 1998 priorities are being developed. The issues where a moratorium is in effect will be higher on the priority list. 8. ADJOURNMENT Collins moved, Bailey seconded adjourning the meeting at 9:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Cheryl WalIat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 3, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Champa, Lizee, Kolstad, Bailey, Callies and Collins (arrived at 8:36 p.m.); Planning Director Nielsen; Council Liaison O'Neill APPROV AL OF MINUTES Planning Commission Minutes. January 6, 1998 Lizee moved, Bailey seconded approving the Planning Commission Minutes of January 6, 1998, as submitted. Motion passed 6/0. Chair Borkon suggested it may be necessary to move several items on the agenda to a work session given the length of the agenda. Lizee moved, Bailey seconded to amend the agenda to reflect: (1) Simple Subdivision for Clint Carlson, 25865 Smithtown Road, (2) Public Hearing. Preliminary Plat. Mary Lake Addition for Judith Gleason, representing O'Dell Tinnesand, 5910 Minnetonka Drive, (3) Water's Edge P.U.D. Proposed Grading Plan for Bill Blegen, 20095 Manor Road, (4) Discussion Regarding Wetlands, (5) Discussion Regarding Communication Facility, (6) Discuss Meeting Schedule for March and April, (7) Discussion Regarding P.U.D. Moratorium, (8) Matters from the Floor, (9) Reports and (10) Adjournment. Motion passed 6/0. 1. SIMPLE SUBDIVISION Applicant: Location: Clint Carlson 25865 Smithtown Road Mr. Carlson was in attendance and stated it to be his intent to put in a new driveway for the existing home resulting in two completely separate driveways. He stated he is in complete concurrence with the report of Planning Director Nielsen. Commissioner Lizee noted a stand of hardwood trees on Lot A and inquired where it is anticipated a new home on the lot would be placed. Mr. Carlson stated he does not intend to . . . PLANNING COMMISSION MINUTES FEBRUARY 3,1998 - PAGE 2 build the home on the lot. He stated it has been recommended by the surveyor that the house be situated between the t"NO existing homes md generally in the area of the blacktop surface. Mr. Carlson did not feel this would affect the stand of trees. He also stated the small shed will be removed. Kolstad moved, Lizee seconded approving the Simple Subdivision for Clint Carlson, 25865 Smithtown Road, subject to staff recommendations. Motion passed 6/0. Chair Borkon explained this matter will come before the City Council on February 23, 1998, for their consideration. 2. PUBLIC HEARING - PRELIMINARY PLAT - MARY LAKE ADDITION Applicant: Location: Judith Gleason, representing O'Dell Tinnesand 5910 Minnetonka Drive Ms. Gleason was in attendance along with Roger Anderson, the Civil Engineer for the project. Mr. Anderson commended the Commission on the City's internet page and stated he found it very helpful. Mr. Anderson noted the easement on the north side to be the major issue, however, he expects this to be a condition of the approval and stated he is in agreement with that. In addition, he believes the drainage issues have been dealt with very successfully. Mr. Anderson noted the drainage line to the catch basin will be constructed to minimize tree loss. He noted his agreement with the staff report. Chair Borkon opened the public hearing at 7:37 p.m. Roger Lubke, 5919 Minnetonka Drive, expressed concern that no one has been able to locate the drainage pipe in the area. He stated he wants to ensure this drainage pipe remains open. Mr. Lubke expressed his disappointment this change is being made to the neighborhood. Engineer Brown stated this is probably an older drain tile and stated he would be more than willing to meet with Mr. Lubke to locate this drain tile and ensure it is kept open. Hearing no further public testimony, Chair Borkon closed the public hearing at 7:42 p.m. Commissioner Champa asked whether the basement floor elevation levels will be reflected in the building permit. Brown explained the lowest opening elevation will need to be two feet above the emergency overflow and the applicants are willing to comply with this requirement. Commissioner Kolstad asked for clarification of the drainage issue and expressed concern the home may have a walk-out type basement and the owners would experience water flow through this area. Brown explained the drainage and stated this property will require a water management system. PLANNING COMMISSION MINUTES FEBRUARY 3,1998. PAGE 3 . Commissioner Bailey inquired whether additional water will accumulate in the area of the driveway. Brown felt tlm the drainage situation should be improved given the larger pipe which will be utilized to move the water toward Lake Mary. Commissioner Lizee commented she is pleased with the engineering work which has been completed relative to the issue of run off. Commissioner Champa urged Mr. Lubke to make his feelings known to the Council. Mr. Lubke stated his belief, based on past experiences with other Councils, was that his input does not make a difference, however his experience with the Planning Commission over the last several months has restored his faith. He stated the Commission has shown concern for the residents who live in the neighborhood and the impact this project could have on them. Mr. Lubke expressed his appreciation to the Commission. Lizee moved, Kolstad seconded approving the Preliminary Plat. Mary Lake Addition for Judith Gleason, representing O'Dell Tinnesand, 5910 Minnetonka Drive, subject to staff recommendations and engineering recommendations to include the lowest floor opening be 0.5 feet higher than what is shown on the plan or 969.5. Motion passed 6/0. 3. WATER'S EDGE P.U.D. PROPOSED GRADING PLAN . Applicant: Location: Bill Blegen 20095 Manor Road Mr. Blegen was in attendance and stated this has been a well thought out plan which has been developed over the past several years. Commissioner Callies inquired what type of assurance the City would have that the vegetation will be restored. Nielsen explained before the final plat is released, a Letter of Credit is required to cover the cost of the improvements which includes the road, the drainage facilities and landscaping. Commissioner Bailey felt this to be an excellent example of why PUDs should exist and continue to be utilized. Lizee moved, Callies seconded approving the Water's Edge P.U.D. Grading Plan for Bill Blegen, 20095 Manor Road, subject to staff recommendations. Motion passed 6/0. 4. DISCUSSION REGARDING WETLANDS. FRANK SVOBODA Frank Svoboda was in attendance. He provided some background information explaining he works primarily with natural resource issues, wetland environmental assessment worksheets as well as wetland inventories. His clients include municipalities, watershed districts, single family residential developers and commercial developers. . . . . PLANNING COMMISSION MINUTES FEBRUARY 3,1998 - PAGE 4 Mr. Svoboda stated anytime the landscape is manipulated, the hydrological balance of the wetland is impacted. Water inputs are changed as well as the chemical balance by adding more phosphorous and nitrogen. Mr. Svoboda felt the absence of curb and gutter to be an effective water management tool. When curb and gutter are utilized, stormwater has to be routed to the lowest point in the landscape which is the wetland area. From a landscape perspective, by discharging water through sheet flow by utilizing front, back and side yards to manage run-off, the water is not concentrated in one particular area. Commissioner Lizee requested this matter be continued to another meeting when Mr. Svoboda could attend along with other wetland specialists as well as a representative of the Watershed District. In addition, she suggested Matters from the Floor be moved up on the agenda to allow those in attendance to address the Commission. 5. MATTERS FROM THE FLOOR Marilyn Pike, 5810 Club Lane, stated the properties on Club Lane are an acre or more in size and she inquired how to go about dividing the lots. Ms. Pike explained people who have been interested in the property have been told they cannot live in the house while they build another home on the property. Nielsen noted this property is located in the RIA zoning district which requires a minimum of 40,000 square feet lot size. Shirley Bergslien, 24875 Smithtown Road, inquired why the properties cannot be subdivided when other properties have larger homes on smaller lots. Ms. Pike and Ms. Bergslien stated they would like the zoning to be changed. Nielsen stated an application can be made for a change in zoning. Ms. Pike felt the application fees are too expensive. Nielsen stated, as a neighborhood group, it would probably be best to bring a petition to the City Council. The matter would then be referred to the Planning Commission for review and public hearings. Commissioner Callies did not feel this to be an efficient way to go through this particular process. She felt it would be more appropriate for the applicants to meet with staff to ascertain their options. She did not feel it to be particularly productive for the Planning Commission to problem solve with individuals on this issue. Council Liaison O'Neill noted his agreement. Chair Borkon suggested the residents meet with staff to discover their options and then present a petition to the Council. Council Liaison O'Neill noted the zoning map has recently been reviewed and felt there would need to be neighborhood support and good reason for a change in zoning before the Council would give consideration to this matter. (Commissioner Collins arrived at 8:36 p.m.) . . . PLANNING COMMISSION MINUTES FEBRUARY 3,1998. PAGE 5 6. DISCUSSION REGARDING COMMUNICATION FACILITIES Nielsen suggested the commercial sites be reviewed to determine surrounding land uses, proximity to residential areas as well as site characteristics. He noted the City Attorney has recommended a period of three to six months if a moratorium is agreed upon. Commissioner Callies commented if a moratorium is utilized, the Commission will need direction ahead of time from staff and legal counsel. She also expressed concern relative to the use of moratoriums for mtgle this issue. Commissioner Callies felt moratoriums should be utilized for br6ftd issues which require a length of study. Council Liaison O'Neill felt a moratorium would be appropriate to give the Commission an opportunity to address this issue and avoid a possible lawsuit. Commissioner Kolstad commented there also need to be some type of requirements relative to maintenance and setbacks. Nielsen also pointed out the Commission would not be selecting one site, but would review the suitability of all commercial sites for this type of facility and establish standards. Commissioner Collins felt if there is to be a moratorium, the Commission must work on this issue and resolve it as soon as possible. Commissioner Champa stated he would like a three month moratorium and also felt the issue should be resolved as soon as possible. Commissioner Lizee was in favor of establishing a moratorium which would allow this issue to be addressed in a nonadversarial climate. Commissioner Callies stated she would like some framework for the communications issue. Council Liaison O'Neill stated he would like this matter added to the Council agenda to allow the Council to provide input prior to the Commission addressing this issue. Champa moved, Kolstad seconded recommending a moratorium telecommunications facilities for a period up to six months. Motion (Commissioners Collins and Callies were the dissenting votes). regarding passed 5/2 Commissioner Callies stated she is opposed to the six month period of time and Commissioner Collins expressed concern this issue be addressed as soon as possible. Peter Bick, ATT Wireless Services, was in attendance and did not feel a three or four month moratorium would be a problem. He stated there are 76 local communities which have adopted ordinances relative to this issue. He noted institutional sites are also an option. He stated he would be willing to work with the City in this regard. Nielsen stated this matter will come before the Council on February 9, 1998, for their consideration. (Commissioner Lizee left the meeting at 9:15 p.m.) . . . PLANNING COMMISSION MINUTES FEBRUARY 3,1998. PAGE 6 7. DISCUSS MEETING SCHEDULE FOR MARCH AND APRIL The Commission discussed and established the following meeting schedule for the months of February, March and April 1998: February 17, 1998 February 24, 1998 March 10, 1998 March 17, 1998 March 31, 1998 April 21, 1998 Work Session Meeting Work Session Meeting Regular Meeting at the Community Center Work Session Meeting Work Session Meeting for April Regular Meeting Nielsen reviewed the 1998 Work Plan Schedule as well. The Commission was in agreement with the proposed work schedule. Commissioner Champa suggested splitting into two groups to address the issues on the work schedule and then report back to the Commission. Commissioner Kolstad felt sub committees could be beneficial and save time on larger issues which require more research. Commissioner Callies felt more reliance could be put on staff and the process could be more efficient. Commissioner Bailey was unsure smaller groups would be beneficial, but felt perhaps the Commission needs to be more focused. Commissioner Champa suggested working as one group and if this is not effective, then perhaps consideration should be given to formulating two smaller groups. 8. DISCUSSION REGARDING P.U.D. MORATORIUM Chair Borkon explained the Council did not approve a moratorium on PUDs, but they did request the Commission bring forward their concerns relative to this issue. Councilmember O'Neill felt any concerns which the Commission might have should be presented to the Council for their review. The Council will be completing their review of the Comprehensive Plan which will aid the Commission in addressing this issue. Commissioner Champa requested the issue of PUD be moved up to the March work session. Nielsen noted the Comprehensive Plan and PUD will be discussed in the work session currently scheduled for March 17, 1998. 9. REPORTS Chair Borkon reminded the Commissioners there is a schedule which lists each Commissioner's responsibility for reporting to the City Council at their regular meetings. Chair Borkon also encouraged that anyone desiring to add an item to an upcoming agenda make this request during the Planning Commission meeting. . . . PLANNING COMMISSION MINUTES FEBRUARY 3,1998 - PAGE 7 Commissioner Kolstad expressed concern relative to the timing of receiving the meeting packets and would like to have sufficient time to review the packet materials and view the subject properties. Commissioner Champa stated he would like to review the way the chair and vice chair are appointed. He suggested possibly the Council should make these appointments, however, a protocol needs to be established. Chair Borkon suggested the role of the vice chair and chair be addressed at some future work session. 10. ADJOURNMENT Champa moved, Collins seconded adjourning the meeting at 10:00 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and stIikcotlts for deletions. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 17, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Champa, Lizee, Kolstad, Callies (arrived at 7:27 p.m.) and Collins; Administrator Hurm; Planning Director Nielsen; Council Liaison O'Neill Absent: Commissioner Bailey APPROVAL OF MINUTES Planning Commission Minutes - February 3, 1998 . Lizee moved, Champa seconded approving the Planning Commission Minutes of February 3, 1998, as amended on Page 2, Paragraph 1, delete "between the two existing homes and;" and add at the end of the paragraph, "He also stated the small shed will be removed;" Page 3, Paragraph 1, Sentence 2, change to read "Brown felt the drainage situation;" Paragraph 2, change "engineer" to "engineering;" Page 5, Paragraph 5, Sentence 2, change "Champ" to "Champa;" Page 6, Item 8, Paragraph 3, add to the beginning of the paragraph, "Commissioner Champa requested the issue of PUD be moved up to the March work session;" Motion passed 5/0. 1. REVIEW OF CAPITAL IMPROVEMENTS PROGRAM Administrator Hurm was in attendance to address questions and concerns relative to the Capital Improvements Program. The Commission discussed the issue of street reclamation versus street reconstruction. Commissioner Champa felt the City should concentrate on bringing the current streets up to satisfactory condition via the reclamation process and address street reconstruction on a street by street basis in the future. Council Liaison O'Neill expressed concern there are no funds being put in a reserve account in the event the reclamation work is not successful and the roadways require reconstruction. In addition, the street fund is depleting over the upcoming years. . Hurm commented it is intended that sea1coating, asphalting and patching work will be utilized to bring some of the roadways which are now rated as two and three to a rating of five. . . . PLANNING COMMISSION MINUTES FEBRUARY 17, 1998 - PAGE 2 (Commissioner Callies arrived at 7:27 p.m.) Hurm also addressed the issue of stormwater management and noted aerial mapping is scheduled for this year and will be a predictor of what will happen in future years. 2. DISCUSSION OF COMPREHENSIVE PLAN - LAND USE Planning Director Nielsen addressed the Land Use section of the Comprehensive Plan. With respect to Planned Unit Developments, he noted it is not the intention of the Council to eliminate PUDs, but to retain the use of PUD as a tool. Council Liaison O'Neill believes it is the intent of the Council to de-emphasize the use of Planned Unit Development as a goal, but not eliminate this tool. With respect to zoning, where discrepancies exist between the Proposed Land Use Plan and the Zoning Map, the Council would favor whichever prescribes the lower density. Chair Borkon requested a review of the Zoning and Land Use changes which have been made by the Council. It was noted there have been two previous work sessions held by the Council in which zoning and land use were discussed. Nielsen suggested if there are any changes which a commissioner takes exception to, this should be discussed and the Council made aware of any concerns there may be. Commissioner Kolstad felt there had been some significant changes made to Land Use. She noted one of the prior goals of the City was to attempt to minimize development costs and create higher density parcels to reduce the high sewer costs. This is not the philosophy of the current Council. Commissioner Kolstad also noted the prior direction was to work toward housing for different economic groups. The current philosophy is to let the market direct who lives in Shorewood. Commissioner Kolstad felt the goals of the City must be clearly outlined and restated in positive terms which will provide direction for the Commission on how to proceed. Nielsen felt this must be put into the context that there is only 10 percent of the land in Shorewood open for development. In addition, with respect to affordability, the land use pattern is established and the market has dictated regardless of any efforts which were made by the City. Chair Borkon noted her agreement with Commissioner Kolstad. Nielsen stated he will return to the Commission with text changes for the Commission's review and discussion. Chair Borkon suggested the Commission review this matter with the text changes available for consideration at the March 17, 1998, work study session. 3. DISCUSSION REGARDING COMMUNICATION FACILITIES Nielsen addressed the issue of communication facilities. Chair Borkon questioned how many sites the City will need to identify for this use. Nielsen stated his understanding there could possibly be twelve providers requesting a location within the city. Chair Borkon requested specific information on the number of sites per city of similar population and size and any other precedents which have been set or standards which have been devised. PLANNING COMMISSION MINUTES FEBRUARY 17, 1998 - PAGE 3 . Commissioner Kolstad felt it would be fair to the providers if sites were to be identified, one on the east and one on the west side of town. Commissioner Collins felt specific sites would not need to be identified, however the ordinance would be written in such a manner there would be specific areas which could be utilized for communication facilities, subject to certain requirements being met. Commissioner Callies felt it would be helpful if the City Attorney would provide sample ordinances for review and consideration. Nielsen suggested identifying commercial sites which would be acceptable and then writing an ordinance which includes zoning requirements which protect nearby residents. Hurm noted cities make substantial revenues from the antenna leases when city property is utilized. The revenues which are currently received from the existing leases are placed in the water fund. Nielsen suggested the Commission begin with the C3 zoning district. He felt the NSP, Public Works and the area behind the American Legion would be appropriate sites. Nielsen noted the area of the shopping center would be appropriate along with a setback which would be equal to the size of the tower. He would not recommend utilizing the RC, Cl or C2 districts. Nielsen noted the Public Works site is currently zoned residential. Chair Borkon felt this wottld may potentially be an appropriate site. Nielsen also suggested the golf course as a possibility. Since the golf course is privately owned, the City would not benefit financially from any potential lease. . Chair Borkon inquired whether the owner of the golf course would have a choice on whether this is an approved site. Nielsen stated the owner would still have the option of whether he wants to lease the property or not. Nielsen explained when drafting an ordinance, types of property will be identified in a particular district. He will return to the Commission on March 10, 1998, time permitting, with a draft ordinance for their review and consideration. 4. MATTERS FROM THE FLOOR - None 5. REPORTS Planning Commission Meeting Schedule Commissioner Lizee suggested the March 31, 1998 study session be canceled given two commissioners will not be in attendance. Commissioner Champa was opposed to having only one meeting in April. . Commissioner Kolstad suggested a sub committee be formed since there are issues which some Commissioners are more concerned about. She also felt the use of sub committees would speed up the process. Nielsen expressed concern with having sufficient time to prepare for the number of meetings which are being held during one week. PLANNING COMMISSION MINUTES FEBRUARY 17, 1998 - PAGE 4 . Commissioner Champa was in agreement with Commissioner Kolstad and felt this could be addressed without the need for Nielsen to attend the meeting. It was decided not to hold separate meetings given the need for notice to be published and the burden it places on staff to prepare for additional meetings. Commissioner Callies felt the role of the Commission should be fulfilled within the scheduled meetings. The March 31, 1998 study session will remain tentatively scheduled with April 14, 1998 as an alternate date. The Commissioners were encouraged to continue to explore areas of special interest in order to bring additional information and insight forward. Reports Commissioner Kolstad reported members of the Council met with the people who live along the LRT. Their notes, as well as resident correspondence, was included in the Council packet and Commissioner Kolstad will provide this information to anyone wishing to review it. Commissioner Kolstad also reported on the notes she prepared for the Council meeting summarizing the previous meeting of the Planning Commission. Mayor Dahlberg had commented when Commission reports are presented to the Council, he would appreciate an executive summary similar to the one which Commissioner Kolstad had presented. Nielsen reported Joe Pazandak inspected the Watten Ponds development site and the developer had already been cited relative to the issues which were raised at the Council meeting. . An incident recently occurred on the site wherein an excavator drove through the wooded area to access the site rather than utilizing the driveway. Work on the site has been stopped for five days due to this incident. Staff has directed a correction plan must be submitted along with a forester's report assessing the damage in the area. Staff have questioned the forester's report and the City will have a forester review the situation on the site. Nielsen stated passive tree protection fencing will no longer be acceptable on this site and a fence with sign age will need to be installed. 6. ADJOURNMENT Commissioner Callies requested the following changes to the Planning Commission Meeting Minutes of February 3, 1998: Page 5, Paragraph 2, Sentence 2, change to read, "for this issue;" Sentence 3, delete "broad." Kolstad moved, Collins seconded approving the amendments of Commissioner Callies to the February 3, 1998 Minutes of the Planning Commission. Motion passed 6/0. Lizee moved, Champa seconded adjourning the meeting at 9:20 p.m. Motion passed 6/0. . RESPECTFULLY SUBMITTED, Chery I W all at Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeout!! for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 24, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Champa, Lizee, Kolstad, Bailey, Callies (arrived at 7:05 p.m.) and Collins; Administrator Hurm; Planning Director Nielsen; Council Liaison O'Neill; City Attorney Ron Batty. APPROVAL OF MINUTES Planning Commission Minutes - February 17, 1998 Lizee moved, Collins seconded approving the Planning Commission Minutes of February 17, 1998, as amended on Page 2, Item 2, Paragraph 4, Insert Sentence 2, "It was noted there have been two previous work sessions held by the Council in which zoning and land use were discussed." Page 2, Item 3, Paragraph 1, add "Chair Borkon requested specific information on the number of sites per city of similar population and size and any other precedents which have been set or standards which have been devised." Page 3, Paragraph 6, Sentence 2, change "would be an appropriate site," to "may potentially be an appropriate site." Item 5, Paragraph 2, add Sentence 2, "She also felt the use of sub committees would speed up the process." Page 4, Paragraph 1, add "It was decided not to hold separate meetings given the need for notice to be published and the burden it places on staff to prepare for additional meetings." Paragraph 2, "The commissioners were encouraged to continue to explore areas of special interest in order to bring additional information and insight forward." Motion passed 7/0. 1. DISCUSSION REGARDING VARIANCES Planning Director Nielsen discussed the issue of variances. Attorney Batty addressed the criteria relative to variances, in addition to the issues of precedent and use variances. Attorney Batty stated he is a strict constructionist relative to variances. He commented it is his belief variances should be a rare exception and rather than granting a series of variances, an ordinance amendment should be considered. Attorney Batty discussed the statute and the issue of hardship. He stated reasonable use, as defined by the courts, is determined based upon whether the use the property owner intends to make of the property is reasonable and the circumstances present are not self-created. . . . PLANNING COMMISSION WORK SESSION MINUTES FEBRUARY 24,1998 - PAGE 2 Attorney Batty stated the discussion of variances comes down to the issue of undue hardship. One aspect of undue hardship has to do with the issue of reasonable use. He noted the courts have interpreted reasonable use to mean if what the property owner wants to do with the property is reasonable, then a variance is justified. Another aspect in determining undue hardship would be that the circumstances were not self created. For example, if a piece of property is purchased with the knowledge that a variance is going to be necessary to develop the property, this would not be considered a self created hardship. He noted successors in title stand in the same position of previous owners and inherit the good as well as the bad. Attorney Batty noted this to be a change on the part of the courts who have said in the past, when you purchase a property knowing a variance is going to be necessary, this would be considered a self created hardship. Commissioner Callies noted this was not a change in the statute, but is a judicial opinion which is not controlling in terms of the City ordinances. Attorney Batty stated this is a Court of Appeals interpretation of that particular section of the statute. Commissioner Callies commented in some cases, the Court will direct the Legislature to change a law and that has not happened in this case. Attorney Batty stated a self created hardship is not a situation in which you could buy a piece of property that you knew required a variance. To the degree that cities were not considering a variance request when a property was purchased with the property owner's knowledge that a variance would be necessary, this has changed the law. Attorney Batty explained the third element of undue hardship to be uniqueness to the property. He noted unique to be a very difficult standard. Attorney Batty stated he believe unique is not something which is district wide or city wide. If a problem or circumstance is widely distributed around the area, then either everyone is complying with it or the situation should be remedied by amending the ordinance rather than relying on variances. Attorney Batty noted in determining undue hardship, all three elements must be present. He addressed case law on this issue as well, noting the courts are tolerant of the actions taken by cities relative to variances, either granting or denying. The courts are fairly consistent in not substituting their judgment for that of the decision makers, but uphold their decisions unless it is clear the reasons cited were legally insufficient or not based on fact. The courts consider reasonableness and the reasonableness of the decision is based on the standards in the local ordinance rather than in the statute. Commissioner Bailey questioned whether the courts are tolerant of inconsistency in the application of variances. Attorney Batty explained the courts do not favor inconsistency. He stated in most cases precedent does not become an issue. Most situations contain varying factual differences. The courts are also tolerant of differences in time. Attorney Batty pointed out that from a policy standpoint, precedent does become an issue. . . . PLANNING COMMISSION WORK SESSION MINUTES FEBRUARY 24,1998 - PAGE 3 With respect to use variances, Nielsen explained there have been occasions in which property owners have requested a use variance to allow them an accessory use of a property which does not have a primary residence. Attorney Batty stated the statute prohibits granting, through the variance mechanism, the ability to put a use on a piece of property which is not allowed by the zoning ordinance. Commissioner Champa felt a property owner should be able to use their property for accessory use without the necessity of a primary residence on the property. He stated his belief a variance is a tool which should be used as such. Nielsen stated a variance is a tool which allows more flexibility. He suggested if a garage on a piece of property is considered a reasonable use, rather than granting a variance, it would be more appropriate to change the ordinance, making this a permitted use in a residential district. Commissioner Champa stated this may be a reasonable use of one property and not of another. Nielsen stated in that event, a conditional use permit would be appropriate. He stated it would be a more appropriate tool than a variance. Commissioner Callies noted her agreement, stating she feels a variance should be an exception rather than the rule. Commissioner Champa commented in the past, when requests have come in for variances, the Commission has studied those requests on an individual basis and made efforts to direct the applicant toward a conditional use permit as opposed to a variance. Attorney Batty explained a reasonable use would be a practice or a standard which is developed and accepted by a community. Chair Borkon asked whether the interpretation of reasonable use could be developed city by city. Attorney Batty felt it to very much be a community standard, however, if a particular request consistently comes in from various members of a community, perhaps the ordinance should be reviewed and amended. Commissioner Kolstad asked whether there is a halfway point between the traditional and modem views with respect to reasonable use. Chair Borkon added that there are times when reasonable use can be inconsistent with the ordinance. Commissioner Collins felt a variance should be used for an exception when nothing else will work. Nielsen noted this to be a criteria which the City has used in the past. Attorney Batty stated the problem also needs to be related to the property and not the individual. Commissioner Callies asked whether it is necessary to have consensus on all of these issues. She commented that reasonable may be different to everyone and the value of debate is lost if the Commission expects consensus on this issue. Commissioner Champa stated he would not expect consensus, however, he felt the current discussion gives each commissioner a better chance to understand each other as commissioners. . PLANNING COMMISSION WORK SESSION MINUTES FEBRUARY 24,1998 - PAGE 4 Chair Borkon referenced the letter of Glen Froberg dated November 3, 1987 and asked whether the granting of a variance is a three step process which the Commission can utilize and if a request does not meet one of the steps, would consideration have to be given to the remaining steps. Attorney Batty stated he disagrees with some points in the letter given the fact it was written ten years ago and there have been changes which have occurred. He stated it is important that two tests have to be met, undue hardship, and consistency with the spirit and intent of the ordinance, but to get to the hardship issue, there are elements which must be met. Attorney Batty felt all three elements would have to be met in order to find undue hardship. Nielsen asked if there is reason to go on to consider all three elements if the request being made does not meet the first element. Chair Borkon pointed out findings of fact must be established in the event the matter were to proceed to court so that the court would be able to discuss all of the facts which are revealed. Attorney Batty felt it important to discuss all of the issues to allow the City to be able to articulate all of the reasons for denying a request. . Commissioner Kolstad inquired at what point a precedent has been set. Attorney Batty explained a precedent is set if the facts are so close in time and similarity that there is no rational basis for making a distinction between two circumstances. Commissioner Champa expressed concern when requests for variances come in and the request does not meet the criteria, the Commission suggests reviewing the ordinance. He did not feel the ordinance should be changed based on the request of one person. Commissioner Champa felt it would be more appropriate to consider changing the ordinance after it has become necessary to grant three or four variances on a particular issue. Chair Borkon expressed concern the Commission has been given various tools to use, however, no one really wants the Commission to use them. She questioned why a variance is even available as a tool since the Commission is discouraged from utilizing it. Commissioner Champa felt it should be more difficult to change an ordinance. Commissioner Collins was in disagreement with Attorney Batty on the issue of precedent and felt a precedent could be set with the granting of one variance. Attorney Batty felt it to be more of a political issue as opposed to a legal issue, however, it does put pressure on the decision makers. He noted few cases are won or lost on the issue of precedent. Attorney Batty stated a single variance should not prompt a review and amendment of the ordinance. He views the variance process as a signal to the city as to what is happening out in the community. Variance requests must be carefully evaluated as to whether they are truly . unusual and unique circumstances which can only be dealt with in a variance or whether they are . . . PLANNING COMMISSION WORK SESSION MINUTES FEBRUARY 24,1998. PAGE 5 a sign of a need for a change in the ordinance. When a common request continues to occur, this should indicate to the city there is a need to re-evaluate the ordinance. Chair Borkon commented on the literature which was contained in the packet and stated in the future she would like information on the author of the literature. She felt it would be helpful to know their background, their philosophy and to whom the literature was written. Commissioner Kolstad also requested the Commission be provided with summaries of case law on this issue. 2. MATTERS FROM THE FLOOR. None 3. REPORTS Commissioner Lizee noted stop signs have not yet been posted at Marsh Pointe. She requested these be placed as soon as possible given the number of construction vehicles and open houses which attract increased traffic in the area. Commissioner Lizee reported she received a complaint relative to the lighting at Marsh Pointe. She noted the flood lights on the model home are on all night. Nielsen will investigate this matter. Commissioner Kolstad reported on the February 23, 1998 meeting of the City Council. Commissioner Kolstad felt the sign at the senior center is too bright. Commissioner Lizee asked whether the sign can be dimmed. Nielsen will investigate this. Commissioner Kolstad felt this should also be addressed in the ordinance. 4. ADJOURNMENT Lizee moved, Callies seconded adjourning the meeting at 8:51 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD SOUTHSHORE SENIOR/COMMUNITY CENTER PLANNING COMMISSION MEETING 5735 COUNTRY CLUB ROAD TUESDAY, MARCH 10, 1998 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Champa, Lizee, Kolstad, Bailey, Callies and Collins; Planning Director Nielsen Absent: Council Liaison O'Neill APPROVAL OF MINUTES Planning Commission Minutes - February 24, 1998 Collins moved, Callies seconded approving the Planning Commission Minutes of February 24, 1998, as submitted. Motion passed 7/0. 1. 7:00 P.M. PUBLIC HEARING - C.U.P. - MINNETONKA COUNTRY CLUB Applicant: Location: Minnetonka Country Club Association 24575 Smithtown Road Mr. Bo Witrak was in attendance. He stated the reason for the expansion is to accommodate the trend toward seating at round tables rather than rectangular tables. Mr. Witrak explained the round tables require more space than the rectangular. He noted business has been lost this past year due to the inability to accommodate a sufficient number of round tables. Mr. Witrak stated the expansion will accommodate 48 additional seats. Mr. Witrak noted his understanding according to the City ordinances when expanding operating capacity, he will be subject to upgrading the entire building. He has been advised by an architect that to complete all of the necessary upgrades it will cost over $300,000. Mr. Witrak stated once he receives final approval for the Conditional Use Permit, he will address the issues relative to the code. Chair Borkon opened the public hearing at 7:19 p.m. Hearing no public testimony, the public hearing was closed at 7:19 p.m. . . . PLANNING COMMISSION WORK SESSION MINUTES MARCH 10, 1998 - PAGE 2 Commissioner Kolstad inquired whether Mr. Witrak intends to bring the structure up to code. Mr. Witrak stated that will depend upon how the code situation can be addressed. If it will cost $300,000 to bring the building up to code standards, the work could not be done. Chair Borkon questioned whether a building permit would be issued without the building being brought up to code. Nielsen stated a permit could not be issued, however, he was unsure what needs to be done to bring the facility up to code. Mr. Witrak noted a sprinkling system has been installed as well as a handicapped walkway. Commissioner Kolstad asked how many additional seats are gained in the event rectangular tables are utilized. Mr. Witrak calculated there would be an additional 88 seats. Commissioner Kolstad asked whether parking on the site can accommodate this increase. Nielsen felt parking on the site to be sufficient. Commissioner Collins was uncertain whether capacity was actually being increased. He felt seating would be lost in an effort to accommodate the trend toward using round tables. David Johnson, owner of Floors Plus, was in attendance and raised concern relative to the intersection at County Road 19. Chair Borkon explained that is a county highway and the county is in charge of this area. This issue has been addressed on several occasions and, as a result, traffic monitoring is planned for this area in the near future. He noted he supports Mr. Witrak's request. Nielsen explained a traffic study is planned for this area. The county has expressed an interest in placing a traffic signal at this particular intersection. Nielsen did not feel Mr. Witrak's project will have a significant impact on this intersection as a result of the expansion. Tim Sauderberg was in attendance and explained he is building a home off of Spruce Hill Court. He stated his property comes up to the Country Club property and he supports the expansion. Bailey moved, Collins seconded approving a Conditional Use Permit for Minnetonka Country Club Association, 24575 Smithtown Road, subject to staff recommendations. Motion passed 7/0. Chair Borkon noted this matter will come before the City Council for their consideration at their March 23, 1998 meeting. Collins moved, Champa seconded amending the agenda to hear Matters from the Floor as Item No.2 given the fact a resident was in attendance wishing to address the Commission. Motion passed 7/0. 2. MA TTERS FROM THE FLOOR - None David Johnson, owner of Floors Plus, which is located next door to the Ica station, raised a number a concerns. PLANNING COMMISSION WORK SESSION MINUTES MARCH 10, 1998 - PAGE 3 . Mr. Johnson stated he was forced to install curbing when he purchased the building and restored it in order to obtain an operation permit through the City. He explained Hennepin County committed to installing a curb, which was done. Mr. Johnson went on to explain that Dave Perkins, Perkins Contracting, removed the curb and left the curb and debris on Mr. Johnson's property and in the gutter. The contractor also caused damage to the top soil when he drilled holes to install pipes. Due to this damage, grass does not grow on the property. Mr. Johnson also noted a problem with snowmobilers driving through the drainage ditch, 30 to 40 mph, to reach the Ica station. Mr. Johnson felt compelled to cut the trees out of the drainage ditch to avoid the possibility of snowmobiling accidents in which he would be sued. Mr. Johnson noted the problem relative to the snowmobilers still persists. . . PLANNING COMMISSION WORK SESSION MINUTES MARCH 10, 1998 - PAGE 4 . Mr. Johnson also raised concern relative to the Naegle billboard which advertises alcohol and cigarettes as well as other issues. He noted these items are being purchased by teenagers who utilize the area behind his building to smoke. Mr. Johnson explained he has also maintained the landscaping around the sign in an effort to keep this area safe and free from crime. He stated the American Legion owns the Ica site as well as the property which contains the Naegle signage. Nielsen explained the City is currently involved in a lawsuit with the contractor to clean up this area. Chair Borkon advised Mr. Johnson these are not issues which would be addressed by the Planning Commission, however, she suggested Mr. Johnson contact Administrator Hurm and request a place on the agenda and then bring each of the issues to the City Council for their consideration. Mr. Johnson expressed concern speaking out at the Council meeting regarding these issues since he felt it would upset a number of people. Mr. Johnson expressed concern relative to the snowmobiling which occurs and the possibility a fatality could occur. He suggested a path be created to allow the snowmobilers access to the Ica station. Mr. Johnson stated he would be willing to allow the use of his property for such a path. Nielsen pointed out the issue of the billboard on the Ica site is a planning matter. He explained the site exists as a nonconforming use, mainly because of the billboard. Nielsen also explained the Commander of the American Legion has informed Naegle the Legion will not renew the lease on the billboard. The current lease expires in approximately five months. . Mr. Johnson stated in the event the billboard is removed and the American Legion wants to have an access through the side of his property, he would be in favor of this. Commissioner Champa inquired whether the Commission would be in favor of making a recommendation to the Council asking them to speak with the American Legion to request they not renew the Naegle lease. Nielsen noted it is the intent of the American Legion not to renew the lease. Commissioner Callies felt it would be inappropriate for the City to become involved in this matter. Commissioner Kolstad felt possibly the American Legion would be willing to regulate the content of the sign if there were to be a future lease. STUDY SESSION 3. DISCUSS DRAFT ORDINANCE FOR TELECOMMUNICATIONS FACILITIES Chair Borkon questioned whether commercial property could lease space to a telecommunications carrier. Nielsen confirmed this would be permitted. He also pointed out whip antennas could be placed in areas such as light poles. Chair Borkon expressed concern antennas could be placed anywhere throughout the community. Nielsen pointed out they would be prohibited in residential areas. In addition, he suggested elaborating in the Comprehensive Plan the instances in which City property may be suitable. . Commissioner Kolstad expressed concern Shorewood is a prime location for antenna placement. She asked whether the number of towers can be limited. Commissioner Kolstad felt there should be a limitation in the ordinance. Nielsen will consult the City Attorney relative to this issue. He PLANNING COMMISSION WORK SESSION MINUTES MARCH 10, 1998 - PAGE 5 . did not feel Shorewood to necessarily be a prime location and noted most cities are addressing this very issue. Chair Borkon stated she would like to know how many towers are capable of being placed through this ordinance. Nielsen will investigate this. Chair Borkon inquired whether a tower would be allowed in the water. Nielsen did not feel the DNR would permit this and noted the City will not permit towers in the wetland areas. Commissioner Callies was unsure it would be possible to accurately anticipate how many towers could be built within the city. Nielsen stated he will utilize the setbacks from residential properties and estimating a 140 to 150 foot tower, this would give some indication. He stated he will also anticipate some redevelopment of a site. Commissioner Champa asked how many towers could be placed at one location. Nielsen stated there will be a provision added relative to the separation which will be required between tower sites. Peter Beck, AT&T Wireless Services, was in attendance along with Dawn Burroughs, AT&T Site Acquisition Coordinator. Mr. Beck provided the Commission with photographs of various antenna and tower alternatives. . Mr. Beck provided background information relative to telecommunication services and the necessary requirements. Commissioner Bailey asked how many locations would be desired in Shorewood. Mr. Beck stated AT&T has one location and would like one additional location. Commissioner Champa noted the main concern of the residents to be health related. Mr. Beck stated the health issue concerns the antenna on the cellular telephone itself and not the antennas which are erected. Commissioner Kolstad asked if there are sites other than commercial which should be considered. Mr. Beck stated if the lower portion of the structure is effectively screened, it will not affect the people who are in close proximity to the structure. He noted sports facilities are a favorable location as well as golf courses and parks. Mr. Beck felt the commercial zones will provide more visibility to people in the surrounding area. He urged the City not to eliminate the water tower as a possible site. Mr. Beck felt if the tower would not be available for use, it would be necessary to erect a pole in another location. Mr. Beck did not feel Shorewood to be a prime location, however, the city has the demographic profile which will generate significant use. He felt the key issue is not how many sites there are, but that each one is done appropriately so that there is not a disproportionate impact. Commissioner Kolstad inquired whether there would be a benefit to the City meeting with the various providers to establish a solution. Mr. Beck noted he has met with city staff of other communities and provided input throughout the process. . Mr. Beck stated the five mile radius which was referenced is of concern noting in most situations there would be at most half mile and typically less than a quarter mile of flexibility where the . . . PLANNING COMMISSION WORK SESSION MINUTES MARCH 10, 1998 - PAGE 6 pole would be located. He noted this does not relate to technology in any way and is a significant burden upon the provider. Nielsen stated it is not included as a separation requirement, but indicates that the provider has looked at alternative sites within a five mile radius. Mr. Beck felt a half mile would be more appropriate. With respect to required setbacks, Mr. Beck stated a monopole is extremely safe. Rather than falling over, they are designed to fail by crimping at the top. He felt 160 feet would be a reasonable height, however, the more height which is allowed, the greater the possibility for colocation of another provider. Mr. Beck felt a fence should be an option rather than a requirement. He stated generally if a city requires a fence, the provider will install it, however, he did not feel a fence would deter someone from attempting to climb the structure. He stated in most cities it would be a permitted use to utilize apartment buildings and other existing structures, particularly structures the city owns. With respect to abandonment, Nielsen inquired whether AT&T has ever abandoned a pole. Mr. Beck explained that given the value of the pole, if the site were to no longer be used, the pole would be taken down. He suggested the provider be allowed a one year period of time to find someone to lease the site to. Chair Borkon expressed concern the City will be mandated to utilize residential areas. She suggested discussing this matter with the Council prior to proceeding to gain some direction. Nielsen noted there is a study session scheduled at the end of March with the Council. Nielsen will further review the ordinances and suggested looking at other areas which are not residential such as the golf course. Chair Borkon stated she does not want to make sites available in residential areas. Nielsen will request the City Attorney attend the joint meeting with the Council as well. Commissioner Callies stated it would be important to know if there are legal standards relative to separation of sites and the number of sites the City is required to have. Nielsen noted there are standards in existence. Commissioner Kolstad felt it important to allow this service for the residents, however, she stated it needs to be as aesthetically pleasing as possible. This service needs to be provided in such a way it will not detrimentally impact the area. She felt the City needs to take a pro active approach on this matter. Commissioner Collins commended staff on the work which was done on this ordinance. He felt the concerns to be covered with a small amount of fine tuning. Commissioner Bailey commented with respect to the revenues from a given site and felt if public facilities are being utilized and residents oppose this, the revenues from that particular site should . . . PLANNING COMMISSION WORK SESSION MINUTES MARCH 10, 1998 - PAGE 7 be disbursed to the people who are being exposed to that tower. This may be an incentive if the revenue were to be used for the park in that particular area. Nielsen will provide information relative to how other cities handle the revenues which are generated through the lease of the towers. Commissioner Callies noted her agreement with Commissioner Collins the ordinance appears to be a good one and would perhaps just need some fine tuning. She requested Mr. Beck provide his comments in written form to Nielsen. Mr. Beck expressed his appreciation to the Commission for taking the time to work through this process and for listening to his comments. Chair Borkon suggested extending an invitation to Jeff Foust to comment on this issue as well. 4. REPORTS Commissioner Lizee reported she received a packet Friday evening. When reviewing it Saturday morning, she noticed there had been a Council work session scheduled for Saturday morning at 8:30 a.m. Commissioner Champa explained Mr. Svoboda had offered to meet with anyone interested to discuss the issue of wetlands prior to his going out of town. He stated he was aware of the meeting a week prior and apologized for not notifying the Commission. Nielsen explained the Council would like a volunteer from both the Planning and Park Commissions to participate in a committee which will be developed to oversee the consultant's work on the stormwater management plan. It is anticipated this committee will meet on a weekday. Commissioner Champa volunteered and stated he would be available. Commissioner Lizee also expressed an interest in becoming a part of this committee. 5. ADJOURNMENT Champa moved, Collins seconded adjourning the meeting at 9:55 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 17, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Champa, Lizee (arrived at 7:07 p.m.), Kolstad, Bailey (arrived at 7:07 p.m.) and Callies; Planning Director Nielsen; and Council Liaison O'Neill. Absent: Commissioner Collins. 1. DISCUSS COMPREHENSIVE PLAN - LAND USE Planning Director Nielsen reported on the March 16, 1998 work session meeting of the City Council relative to green space and the preservation of open space in Shorewood. The Commission then viewed a video tape relative to "Keeping Open Spaces for Tomorrow." Council Liaison O'Neill and Commissioner Champa reviewed the various options which were presented and discussed at the Council work session relative to conservation contributions and easements. Nielsen reviewed the City goals relative to the issue of land use. Commissioner Kolstad questioned whether the term "recreation" should be described in terms of both active and passive use. Nielsen felt this would best be addressed in the Community Facilities section of the Comprehensive Plan. Commissioner Kolstad questioned whether the goal relative to promoting harmonious relationships between various land uses has been changed. Council Liaison O'Neill did not feel the goals had changed, but perhaps the methodology to be used in attaining the goals had. Commissioner Kolstad suggested changing the wording of goal three to read, "Through land use planning encourage land uses which are consistent with the residential and natural character of the community." Chair Borkon noted her agreement. She noted the first and third paragraphs are very similar and she suggested combining the two paragraphs and rewriting them to reflect that the City wants to encourage a pattern of land uses consistent with the character of the community and discourage things the community does not want such as additional commercial development. The other option would be to keep Paragraph 1 and strike Paragraph 3. . . . PLANNING COMMISSION WORK SESSION MINUTES MARCH 17, 1998 - PAGE 2 Commissioner Callies expressed concern with the length of time the review of the Land Use section could potentially take. She stated the Comprehensive Plan, Land Use Section is a very general guide with which to base the City. She felt the goals were becoming too specific. Nielsen pointed out the goals are not intended to be detailed, however, if the Commission agrees this goal should be changed as suggested, he would recommend simply striking it entirely. Commissioner Callies did not feel the paragraph should be stricken entirely. She felt the plan to actively discourage to be different than establishing a pattern of land uses. She felt possibly the paragraphs should be combined. Commissioner Kolstad explained there has been a shift in the direction of where the Comprehensive Plan was going before to where it is going now. She felt it would take work on the part of the Commission to incorporate that shift in direction into the Land Use Plan. Commissioner Kolstad felt it will be necessary to spend an amount of time on this issue. Council Liaison O'Neill suggested since the various positions of the commissioners have been stated, perhaps they can be reviewed by the Council and better defined. He suggested any further suggestions be submitted in writing for Council consideration. With respect to Paragraph 4, consensus was to change this paragraph to reflect, "preserving safe, healthy and affordable housing options" rather than "promoting." Commissioner Kolstad suggested adding a goal which could read, "Encourage the preservation of the natural character of the area through the use of land preservation and protection tools and ordinances such as tree preservation and wetland policies and various other techniques." Nielsen felt this would more properly come in the Natural Resources section of the Comprehensive Plan. Commissioner Champa suggested one of the goals be to obtain as much of the remaining undeveloped parcels as possible. Nielsen pointed out this would be an objective of the plan, but may not be a goal. Commissioner Callies suggested establishing a pattern of land uses which is consistent with the residential and recreational function of the community and preserves its natural features and amenities. LU.l No.3 Commissioner Kolstad questioned whether the City can do anything to preserve the variety of housing in Shorewood. She felt this should be a goal as a City, however, there must be a clear idea on how this can be accomplished. Commissioner Callies suggested either this not be a goal or objectives be established as to how the City will attempt to accomplish this goal. Councilmember O'Neill noted it is an objective of the Council to maintain a variety of housing in the City, but it is not a goal. PLANNING COMMISSION WORK SESSION MINUTES MARCH 17, 1998 - PAGE 3 . Commissioner Champa was in agreement with the wording of this section as presented. Commissioner Lizee did not feel this goal fits with the concept of lifecycle housing. She expressed concern relative to the last sentence of the paragraph which refers to preserving the community's present variety of housing stock. She did not feel this could be accomplished. Commissioner Lizee felt it would be more acceptable to state it is the City's desire to maintain its low density and residential character unless it is defined how the City is going to preserve without restricting improvements, prohibiting demolitions and addressing property rights. Commissioner Kolstad expressed concern relative to situations in which a home which is in good condition is demolished and replaced with a newer, bigger structure. Commissioner Champa felt the goal of the City to preserve housing stock and preserve the character of the City. Commissioner Kolstad noted this is to meet the affordability issue of Met Council and explained when houses are replaced, they are replaced with larger, more expensive housing. Commissioner Bailey felt it is possible for the City to preserve the variety of housing stock in that he felt "variety" to be a fairly broad term. Chair Borkon suggested referring this issue back to the Council for their consideration and review. Council Liaison O'Neill noted his agreement. . No.4 Commissioner Kolstad suggested expanding this section to include a provision which encourages the use of zoning tools to encourage the increased use of green space. LU-4 No.8 Chair Borkon questioned how this section relates to Planned Unit Developments. Nielsen explained this was not stricken by the Council and there are uses for planned unit development. Chair Borkon commented if referring to a creative approach such as green space, this would not apply to the traditional subdivision design. The consensus of the Commission was to delete the wording in the parentheses. No.9 Commissioner Lizee commented on the use of "consistent." Commissioner Callies suggested using the word "compatible" rather than "consistent." . No.10 Chair Borkon suggested changing the wording to reflect "Establish/maintain a consistent approach," rather than "Establish a consistent approach." Commissioner Callies questioned the use of the word "fragmented" and it was agreed Nielsen will reword this section to reflect parcels which have the potential to be subdivided. No.n (Stricken Provision) Chair Borkon recalled there had been discussion in the past that even though senior housing may not be something which is going to be . . . PLANNING COMMISSION WORK SESSION MINUTES MARCH 17, 1998 - PAGE 4 implemented, possibly there is a way to develop something which is advantageous for the City of Shorewood in regard to seniors. Nielsen explained there may be a housing plan included in Comprehensive Plan but at this time, given the existing moratorium, it should be removed. He felt this section would be the basis for discussion and will be addressed as a part of the senior housing moratorium. Council Liaison O'Neill explained this section is being set aside to work on rewording it. No.n (New Provision) Commissioner Kolstad stated she would like to add a provision (No. 12) which states the City will try to identify parcels for green space, but also use zoning tools to encourage green space in developments. Land Use Issues LU-5 Paragraph 1 Change "Is it necessary for all land to be developed?" to "It is not necessary for all land to be developed." Paragraph 2 Commissioner Lizee felt "controlling" should be replaced with "coordinating" since the words "encouraging cooperation" are used in No. 10 on LU-4. Council Liaison O'Neill noted his agreement. Discrepancies Between Land Use Plan and Existing Zoning Paragraph 1 Chair Borkon suggested the Council review this section and inquired whether it should be included if the discrepancies are going to be eliminated. Council Liaison O'Neill explained this section has been put on hold to determine whether there are any changes remaining to be completed. If there are no changes anticipated, this section can be deleted. Council Liaison O'Neill suggested "all discrepancies between land use and zoning will be resolved." Housing V arietyl Affordability Commissioner Lizee expressed concern with the last sentence and the use of the word "preserve." She felt the point was made on LU-5 and this sentence is therefore unnecessary. With respect to the 30 percent hardcover requirement, Commissioner Lizee was concerned this will make a number of homes nonconforming. Commissioner Lizee inquired how the 30 percent figure was derived. Nielsen explained this figure was already being used for shoreland. This figure comes from the DNR Shoreland Management Regulations and worked very well in the shoreland district. . . . PLANNING COMMISSION WORK SESSION MINUTES MARCH 17, 1998 - PAGE 5 With respect to affordable housing as referenced in the last sentence of this section, Commissioner Champa stated affordable housing has not been defined. He noted at today's interest rate, housing is more affordable today than it was one week ago. He felt the current statement to be general, reflecting the City's intention to preserve what already exists along with all of the other means which are discussed. Commissioner Kolstad felt the City has a social responsibility to establish housing which is more affordable. Council Liaison O'Neill noted there are many arguments which can be made in this regard. Commissioner Champa stated through development and time, this will manage itself. Commissioner Bailey felt given the attitude of the Council, this paragraph should remain. Commissioner Champa felt this paragraph should remain whether the Council agrees or not. He noted this paragraph reflects his beliefs. The consensus of the Commission was to leave the proposed changes in place and note there were basic disagreements among the commissioners relative to this paragraph. MEETING SCHEDULE Consensus of the Commission was to cancel the meeting currently scheduled for March 31, 1998. A joint work session is scheduled with the Council for April 14, 1998 at 7:00 p.m. The next regular meeting of the Planning Commission will be held on April 21, 1998 at 7:00 p.m. There was discussion relative to the need for additional work sessions and it was the consensus of the Commission not to schedule additional meetings at this time, however, the Commission will extend the length of future work sessions and attempt to use the time more wisely to move matters along more quickly. 2. MA TTERS FROM THE FLOOR - None 3. REPORTS - None 4. ADJOURNMENT Bailey moved, Lizee seconded adjourning the meeting at 9:50 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 14, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:08 p.m. ROLL CALL Present: Chair Borkon; Commissioners Champa, Lizee, Kolstad, Bailey, Callies and Collins; Planning Director Nielsen; Mayor Dahlberg; Councilmember Garfunkel; Council Liaison O'Neill. Absent: Councilmembers Stover and McCarty Chair Borkon suggested addressing Agenda Item No.2 prior to Item No. 1 since there were guests in attendance relative to this matter and the length of time which would need to be allotted to Item No. 1. Lizee moved, Bailey seconded changing the order of the agenda to address Item No.2 prior to Item No.1. Motion passed 7/0. APPROVAL OF MINUTES Planning Commission Minutes - March 10, 1998 Bailey moved, Lizee seconded approving the Planning Commission Minutes of March 10, 1998, as submitted. Motion passed 7/0. Planning Commission Minutes - March 17, 1998 Bailey moved, Callies seconded approving the Planning Commission Minutes of March 17, 1998, as submitted. Motion passed 7/0. JOINT MEETING WITH CITY COUNCIL 1. DISCUSSION REGARDING TELECOMMUNICATIONS FACILITIES Jim Strommen, City Attorney's Office, was in attendance to discuss this matter. Peter Beck, AT&T Wireless was also in attendance along with Dawn Burroughs. Planning Director Nielsen explained the history surrounding the issue of telecommunications facilities in Shorewood. PLANNING COMMISSION MINUTES APRIL 14, 1998 - PAGE 2 . Mayor Dahlberg suggested staff outline criteria for potential sites and then rank the sites. Nielsen explained the Commission has concentrated on the types of areas in which telecommunications facilities might be suitable rather than selecting specific sites. Councilmember O'Neill asked how many locations would have to be supplied in a six square mile area. Attorney Strommen stated this would be based on demand and the need which can be demonstrated by an applicant. Each application would be evaluated on its own merits. He explained need is based on the provider's ability to serve the public pursuant to their license which was purchased from the FCC. Councilmember O'Neill inquired whether an applicant could be referred to an adjacent city to obtain a location for their facility. Attorney Strommen stated this could be done and noted in the past one applicant did select a site in another city, however, the City could potentially be challenged in court on this issue. He suggested the City may need some technical assistance relative to whether an applicant is able to locate elsewhere. Commissioner Collins felt the Commission to be working backwards on this issue. He stated it was earlier determined sites would need to be provided and at this point acceptable locations would be determined. He felt the sites should be located in the commercially zoned areas with criteria established. . Chair Borkon felt prior to proceeding on this matter there are specific questions which need to be addressed relative to the criteria which needs to be met legally. Mayor Dahlberg inquired whether all applications would have to be approved. Attorney Strommen stated each application would have to be evaluated based on their showing of need. There is no limit relative to the number of applications the City would have to approved. Attorney Strommen stated it may not be sufficient at some point to limit the sites to commercial areas since the majority of Shorewood is residential. Mr. Beck explained this is a system which is developed as you go. Cell providers and PCS providers are the two types of providers. He explained a provider adds sites because a particular site can handle only a specified number of calls at a given time. Each cell site must be able to see its coverage area. In selecting a site, the provider must look for both coverage and capacity. Mr. Beck stated A TT will need to add capacity and this makes it necessary to obtain a new site in the western section of Shorewood. . Chair Borkon questioned whether the City could wait until there is better development of criteria by the government relative to the way in which a provider demonstrates need. Commissioner Bailey noted if the City were to prohibit the development of sites in residential areas, that would effectively cut off the western part of the City. If the applicant where to then win in federal court, would the City then have the opportunity to go back and select and define a site at that time. Attorney Strommen stated in cases of denial where the applicant is requesting a PLANNING COMMISSION MINUTES APRIL 14, 1998 - PAGE 3 . particular site and is able to prove need to the Court, the Court will order the particular site in question be granted. Mr. Beck stated there is no incentive for any of the telecommunications companies to request sites for which there is not a need given the expense involved. He also pointed out the companies go to great lengths to work with the cities to develop a site which is acceptable to both the provider and the city. Mayor Dahlberg questioned whether one company would find a site undesirable given the presence of another company. Mr. Beck explained when attempting to locate a site, if another company occupies a particular search area, the two providers would make arrangements to colocate on the site. Mr. Beck felt it would be beneficial for the City to encourage colocation of sites when formulating an ordinance. Commissioner Callies felt there to be a lack of criteria and input from a neutral consultant. She stated when obtaining advice from a company such as AT&T, it has an overtone of an advocate. Attorney Strommen pointed out there is an issue relative to whether a city is obligated to provide a site based on an argument of capacity. Commissioner Collins pointed out if the need for capacity increases, this would be due to increased use by Shorewood residents. . Mayor Dahlberg questioned how the Planning Commission and the City Council will be able to discern whether a company is gaining a marketing advantage versus what is technically required. Commissioner Kolstad pointed out that similar to telephone and power poles, these telecommunication facilities are becoming a form of communication which is becoming more and more integrated in everyday life. The telecommunications facilities are necessary to make that happen. She expressed her appreciation to Mr. Beck for the input he has provided to the Commission, however, she felt there to be a need for neutral technical advice relative to effective placement on a site as well as what is needed from a technical standpoint to service the needs of the community. Councilmember O'Neill did not feel this to be an aesthetics issue, but a concern by residents relative to health issues surrounding telecommunications facilities. Chair Borkon questioned who the City could consult relative to a technical advisor. Attorney Strommen suggested Garrett Liziak who has a consulting firm and works on both sides of the Issue. Mayor Dahlberg commented he would like to define the management control the City has over the process and he felt an advisor would be helpful in determining whether a request is valid. . Attorney Strommen felt an advisor would be helpful at this point, however, an advisor would be more useful in reviewing individual applications as they come in. At this point, the City is dealing with policy issues and priorities. He felt as long as there is opportunity within those PLANNING COMMISSION MINUTES APRIL 14, 1998 - PAGE 4 priorities to locate a site and the City, in an evenhanded way administers it, this would be . sufficient. With respect to the west side of Shorewood, Mr. Beck explained AT&T is looking for an existing structure, if there is one. They would generally be looking for larger industrial sites such as golf courses, parks, churches and schools. Cemeteries would also be considered. Mayor Dahlberg pointed out sites such as are suggested by Mr. Beck do not exist on the west side of the City. Mr. Beck stated AT&T had been considering the water tower, however, they were unaware of the controversy surrounding this site. Once AT&T has some guidelines from the City, they will search for an alternative site. Mr. Beck stated they would also look at power line corridors. Commissioner Champa did not feel the City should limit itself to the commercial sites on the west end of Shorewood if, in fact, the water tower and the park are not going to be used as sites. Mayor Dahlberg felt expert opinion should be obtained relative to how the west side of the City can be serviced with as little presence as possible. The Council was in agreement with obtaining a technical expert opinion relative to this issue. . Mayor Dahlberg stated he is of the opinion it would be better to construct a freestanding tower rather than utilizing the water tower site. Councilmember Garfunkel stated his preference would be to determine whether the west side can be adequately serviced. Councilmember O'Neill noted there will be companies requesting location on the water tower site. He noted sites which would accommodate a freestanding pole are limited. Commissioner Lizee felt applications should be considered as they come in on an individual basis. She suggested attempting a cooperative effort with possibly Chanhassen and/or Victoria. Mayor Dahlberg noted his agreement with this suggestion. Commissioner Lizee felt a more regional approach would be appropriate and pointed out this represents an additional revenue for growing cities. Nielsen questioned whether any of the providers have attempted to secure public rights-of-way from the state. Mr. Beck commented most city ordinances have been prohibiting location in rights-of-way. MNDOT is open to this idea if it complies with local zoning. Mr. Strommen felt the cooperative effort with other cities to be a good idea and stated he will contact the League of Minnesota Cities to determine whether this has been attempted. The Council directed staff to contact the mayors of the other cities to request a meeting to determine whether there is an interest in a joint powers type agreement. . Councilmember O'Neill asked whether placing the antennas on the City Hall property would be sufficient. Mr. Beck stated this would not fit the needs of AT&T at this time. He noted a search area is approximately one-quarter mile. . . . PLANNING COMMISSION MINUTES APRIL 14, 1998 - PAGE 5 The Council gave direction to (1) obtain an independent consultant; (2) obtain feedback from Ms. Burroughs relative to the search area; (3) request the City Attorney investigate the possibility of a regional approach; (4) consult MNDOT relative to the use of rights-of-way. Mayor Dahlberg suggested staff develop a negotiation team of approximately three people to work on the telecommunications issue. He stated he will participate on this negotiation team. Commissioner Bailey pointed out that at some point there must be some criteria established relative to locating sites. Nielsen noted this will be discussed further at the May 19, 1998 study seSSIOn. Chair Borkon recessed the meeting at 8:38 p.m. and reconvened at 8:45 p.m. 2. DISCUSS COMPREHENSIVE PLAN - LAND USE Nielsen asked for direction from the Council as to whether the revisions to the land use chapter are consistent with discussions the Council had at previous work sessions. Nielsen felt it would be beneficial for the Planning Commission to focus on the changes which were made and to then go back to discuss areas which were not changed at a later time. Commissioner Callies noted her agreement and felt the role of the Planning Commission should be to address the bigger picture rather than analyzing the Comprehensive Plan on a line by line basis. Commissioner Bailey noted his agreement. Commissioner Champa felt the Commission should review the comments Commissioner Kolstad prepared relative to the Comprehensive Plan rather than going through them one by one. Commissioner Kolstad commented the objectives of the Comprehensive Plan must support where the City is attempting to go from a vision standpoint. She noted there are a number of inconsistencies in the Plan at this point. Commissioner Bailey inquired how the Council sees the Planning Commission's role relative to the review of the Comprehensive Plan. He asked if the Planning Commission is to accept the policy and ensure the document is consistent with that policy. Councilmember Garfunkel noted his agreement. Commissioner Kolstad questioned who will review the details of the Plan if they are not reviewed by the Planning Commission. Commissioner Callies felt to some extent the Commission must rely on staff since it is not practical for everyone on the Planning Commission to make editorial comments throughout the Plan. Councilmember O'Neill pointed out Nielsen has spent considerable time with the Council relative to this matter and is very familiar with the direction the Council is pursuing. . . . PLANNING COMMISSION MINUTES APRIL 14, 1998 - PAGE 6 Mayor Dahlberg recommended the Commission read through the changes and deletions which were made to the Comprehensive Plan and then return to the Council with documented concerns which are prioritized in the Commission's capacity as a recommending body. Chair Borkon felt a line by line review of the Plan to be very important, but stated she would not be opposed to first looking at the broader issue. She felt at some point the line by line review must be done by the Commission and did not feel this would be the responsibility of staff. Commissioner Champa expressed his belief the process needs to move at a faster pace. He suggested when there is a critical point which needs to be reviewed because it is inconsistent, that point can be referred back to the Council to address. The various opinions and interpretations should be documented for the Council to review. Commissioner Kolstad pointed out the Comprehensive Plan is the Planning Commission's guide on how to make planning decisions and the Commission must be familiar with it. Commissioner Champa noted the Council has ultimate responsibility for this Plan, however, when it is completed, the Planning Commission will have to understand it. Mayor Dahlberg noted the Council defends a low density model in the Comprehensive Plan. He suggested the Commission read through the plan and determine whether it is coherent. Where the Plan is incoherent, the Commission should provide suggestions to the Council on how to make those areas coherent. Commissioner Bailey suggested flagging paragraphs without discussing them and then reviewing the paragraphs which are of concern. Commissioner Bailey felt the majority of the Comprehensive Plan to be coherent. Commissioner Callies noted her agreement. 3. MATTERS FROM THE FLOOR - None 4. REPORTS FAREWELL RESOLUTION COMMISSIONER VIRGINIA KOLSTAD WHEREAS, Commissioner Champa said, "Well." WHEREAS, Commissioner Lizee resolved that, "We may convince others by our arguments, but we can only persuade them by their own. Ginny, we will remember you as an advocate for discussion and we thank you for your time." WHEREAS, Brad wrote, "Things have been good in Shorewood, but the place to be is Parsippany for family, business and fun. I drove around for an hour trying to find a postcard to . . . PLANNING COMMISSION MINUTES APRIL 14, 1998 - PAGE 7 send you. No luck, so I had to make my own. I think someone is missing the market for Parsippany postcards. Our loss is their gain. We will miss you. Keep in touch." WHEREAS, Council Liaison O'Neill asked, "Will you ever give me one of the pictures you drew of me?" WHEREAS, Chair Borkon resolved that, "Ginny has donated significant blocks of time through snowmobile co-chairmanship, which she adored, and was the point of many Planning Commission discussions; and WHEREAS, Ginny endlessly brings forth discussion and devil's advocate which has been priceless for the Planning Commission; and WHEREAS, Ginny infinitely cared and lets us know where she stands on all issues, brave enough to communicate whether or not anyone agreed with her. You will be sorely missed. Thank you for all of your time. " WHEREAS, Commissioner Champa suggested, "You need to leave all of your notes behind on the land use issues. You spent many, many hours of dedication and time on this and we need that." WHEREAS, Commissioner Bailey stated, "Ginny, I have been on the Commission for three months and I appreciate your knowledge and insights which have been quite impressive. I've enjoyed it." WHEREAS, let it be resolved, Commissioner Collins stated, "Ginny taught me very many things in a very short time, but she taught me a word I never knew existed. Thank you for 'impervious surfaces' ." Commissioner Kolstad commented she has enjoyed the three or four years which she spent on the Planning Commission and the Snowmobile Task Force. 5. ADJOURNMENT Champa moved, Lizee seconded adjourning the meeting at 9:25 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 21, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:03 p.m. ROLL CALL Present: Chair Borkon; Commissioners Champa, Lizee, Bailey, Callies and Collins; Planning Director Nielsen; Council Liaison O'Neill. Absent: Commissioner Kolstad 1. 7:00 P.M. PUBLIC HEARING - SETBACK VARIANCE Applicant: Sawhorse Designers and Builders (on behalf of Dave Peck and Diane Rankin) Location: 5575 Sylvan Lane Fred Bruning, Sawhorse Designers and Builders was in attendance along with Mr. Peck and Ms. Rankin. Chair Borkon reviewed the state mandated criteria to be followed in granting variance requests. Mr. Bruning noted the larger lots in the immediate area all have three car garages. The homes are larger for the area with the exception of one which is located very close to the street and would require multiple variances if a three car garage were to be constructed. Mr. Bruning explained if the variance were to be granted, the structure would still be 50 feet from the street. In addition, the area is densely wood and there would not be an aesthetic impact. Mr. Peck pointed out various plans were considered, however, those plans would not be preferable for a variety of reasons. He felt without the additional space, he would perhaps have to consider moving and he suggested this may constitute a hardship. Mr. Bruning stated he is requesting a 12.5 foot variance. He felt if the garage were to be recessed back to the degree recommended by staff, it would look somewhat unusual from a re- sale perspective. Mr. Peck pointed out the structure is currently 62 feet from Wild Rose Lane. Nielsen commented the 62 feet would be to the paved surface and setbacks are not measured from the paved surface, but from the right-of-way line. The home is currently situated 5.5 feet into the required setback area. PLANNING COMMISSION MINUTES APRIL 21,1998 - PAGE 2 . Mr. Peck questioned the setback area. Council Liaison O'Neill explained there is a 66-foot right- of-way with half on each side of the road. Mr. Peck stated he could submit letters from the neighbors in support of his request. Chair Borkon opened the public hearing at 7:40 p.m. Hearing no public testimony, Callies moved, Collins seconded closing the public hearing at 7:41 p.m. Motion passed 6/0. Commissioner Bailey suggested a request be made to Council to consider vacating a portion of the right-of-way which is in excess of 50 feet. A variance would then not be necessary. Nielsen stated that would be an option and has been done on occasion. He explained if eight feet were to be vacated on either side of the street, the property owner would still be four feet into the required setback. Vacating that portion of the street right-of-way would eliminate the necessity of a variance for the upper level addition which is being proposed. The City will need to consider the public purpose involved and address the issue of whether adequate roadway remains for public utilities. . Chair Borkon inquired how long this process would take. Nielsen explained the applicant's surveyor would be required to submit a legal description of the proposed right-of-way vacation. A public hearing notice would have to be posted and property owners affected by the vacation would have to be notified. He estimated this process would take approximately 30 to 45 days. Commissioner Bailey felt the request for the variance to be weak with the exception of the dri v (, vv ~ right-of-way issue. He felt resolving the driveway issue results in a typical variance situation where the applicant is requesting approval to encroach on the normal right-of-way. Commissioner Bailey stated if the applicant wants to go beyond the 50-foot right-of-way, this would be highly questionable. Chair Borkon and Commissioner Champa noted their agreement with Commissioner Bailey. Commissioner Collins noted the reason for setbacks to be safety and utilities. He stated although he is not in favor of granting variances, he felt the applicants have a legitimate reason given the position of the home. Commissioner Collins felt the problem should be addressed by approaching the Council relative to a vacation of the right-of-way. He suggested granting a variance which would allow the applicant to proceed with the proposed work and then recommending vacation of the right-of-way by the Council to eliminate any future problems. Commissioner Callies felt this to be an issue of undue hardship and pointed out the applicants have reasonable use of the property. She commented although there may be limitations to the property owners at this point of time, they do not create a hardship. She felt possibly the issue raised by Commissioner Bailey should be considered at some point in the future, however, it is a separate issue from the issue being presented to the Commission at this time. . Commissioner Champa felt even if the Council were to grant the vacation of the right-of-way, the issue at hand is that of a variance and he did not feel there to be an undue hardship demonstrated. He noted the project could be completed with some adjustments even though the applicants feel the alternatives are aesthetically unacceptable. Bailey moved, Callies seconded denying the 5.5 and 12.5 setback variances for Sawhorse Designers and Builders, on behalf of Dave Peck and Diane Rankin, 5575 Sylvan Lane. PLANNING COMMISSION MINUTES APRIL 21,1998 - PAGE 3 . Motion failed 2/4. (Commissioners Borkon, Champa, Lizee and Collins were the dissenting votes. ) Commissioner Champa was in favor of granting a variance for the second story addition, however, he did not feel there to be a hardship in not allowing the addition of a third garage stall. Lizee moved, Champa seconded approving a 5.5 setback variance for Sawhorse Designers and Builds, on behalf of Dave Peck and Diane Rankin, 5575 Sylvan Lane, to allow the second story master bedroom addition and denying the 12.5 variance for the proposed garage expansion. Commissioner Bailey recalled earlier work session discussions in which the Commission discussed the idea that the size of a family is not an issue to be considered when contemplating a variance request. He did not feel the applicant has shown they will not have reasonable use of the property if the variance is not granted. Commissioner Callies noted her agreement. Vote on Motion: Motion failed, 3/3. (Commissioners Bailey, Callies and Collins were the dissenting votes.) Bailey moved, Collins seconded encouraging the City Council consider the vacation of the additional 16 feet on the right-of-way resulting in a 50-foot right-of-way. Motion passed 6/0. . Council Liaison O'Neill requested an engineer's report be provided to the Council at the time this matter is brought before the Council for their consideration. Commissioner Champa explained the Commission is subject to many more criteria than the City Council. In addition, the Commission serves as a recommending body only and the Council has more flexibility when addressing such issues. 2. 7:15 P.M. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION Applicant: Nancy Williams Location: 26270 Smithtown Road Ms. Williams was in attendance and explained her intent to purchase a home conditioned on approval of the Conditional Use Permit she has requested. She anticipates the hours of drop off and pick up to be between 8:00 a.m. to 10:00 a.m. and 4:00 p.m. to 7:00 p.m. with some flexibility over the various holiday weekends. She stated she prefers to work with cats and will not consider boarding of dogs. . Ms. Williams noted the cats will be separated and unable to see each other. She will ensure all vaccinations are current and all cats must be spayed or neutered. Ms. Williams will have the services of an on-call veterinarian should the need arise. . . . PLANNING COMMISSION MINUTES APRIL 21,1998 - PAGE 4 Ms. Williams provided pictures of a boarding service which currently operates in San Diego which she intends to use as the model for her facility. She stated she would be willing to screen the structure with landscaping. Chair Borkon opened the public hearing at 8:35 p.m. Dick Kunz, realtor for Ms. Williams, emphasized the fact the facility is located completely inside and will be an attractive structure which compliments the existing home. He did not feel the business would generate any more traffic than a daycare center. Len Twetan, 26300 Smithtown Road, questioned what sort of advertising restrictions will be imposed on this business. Nielsen explained no signage will be allowed. Bill Smith, a neighbor, asked whether this facility is monitored by an organization such as the Humane Society. Ms. Williams pointed out she will obtain a business license. She pointed out if the business is poorly run and complaints are received, she would risk losing the business when the City reviews the Conditional Use Permit at the end of one year. Nielsen explained any complaints which are made will be investigated and taken into consideration at the time the permit is reviewed for renewal. Chair Borkon explained the neighbors would have the option of calling the City and making an anonymous complaint. Mr. Smith questioned what would happen in the event the owner does not return to pick up a cat which is being boarded. Ms. Williams stated she would attempt to reach the owner and would use common sense to ensure it is handled appropriately. She noted there are organizations which will take the animal and keep it until it can be placed in a home. Hearing no further public testimony, Callies moved, Champa seconded closing the public hearing at 8:46 p.m. Motion passed 6/0. Commissioner Champa questioned whether the cats are delivered in kennels. Ms. Williams stated all cats will be delivered in kennels. Commissioner Champa also asked whether the facility would attract other cats in the neighborhood. Ms. Williams noted the cats will be kept indoors at all times. Commissioner Champa questioned whether the proposed structure will have a foundation. Ms. Williams stated she intends the building to be on a slab, however, Commissioner Champa and Chair Borkon advised Ms. Williams to investigate this matter given the various requirements which may apply. Nielsen stated he will bring this issue to staff to be addressed. Commissioner Callies asked whether this business is a home occupation, noting there is no reference in the ordinance relative to kennels. Nielsen explained the home occupation permit cites some examples of home occupations, but does not specify what is or is not permitted as a home occupation. . . . PLANNING COMMISSION MINUTES APRIL 21,1998 - PAGE 5 Commissioner Collins inquired whether there would be periodic health inspections. Nielsen stated if complaints are received, a referral would be made to the Hennepin County Department of Public Health. He noted an inspection could be a condition of approval. Commissioner Collins raised the issue of what would happen if Ms. Williams were to sell the property and a request would be made by a new property owner for an undesirable type of home occupation in this building. Nielsen explained a new property owner would have to apply for a Conditional Use Permit. Commissioner Collins was opposed to introducing additional commercial traffic into the neighborhood. Commissioner Callies did not feel this to be a home occupation type business, although it does meet the ordinance criteria. Commissioner Lizee has investigated this matter and was in favor of the Conditional Use Permit. She also noted there is commercial cat litter available which is virtually odor free. Commissioner Bailey stated his only concern would be relative to noise. He did not feel the additional commercial traffic or possibility of escape to be significant problems. Chair Borkon asked what sort of lighting would be utilized on the exterior of the structure. Ms. Williams stated it would possibly be motion lighting and there would be no flood lighting. Chair Borkon felt there should be a number of conditions included in a potential Conditional Use Permit. She strongly felt the number of cats allowed would need to be specified as well as the pick up and drop off times. She felt conditions should be included relative to exterior lighting, all cats must be spayed or neutered and all vaccinations must be up to date. She stated she would encourage Ms. Williams pick up and deliver the cats and suggested that all cats be delivered and picked up in a box. There would be no signage on the building and the Hennepin County Public Health Department would inspect the premises once during the year and a veterinarian would be on call. Chair Borkon inquired whether Ms. Williams intends to have an employee. Ms. Williams explained she will be on the site to operate the business, however, she would call someone in to cover for her if she were to take a weekend off. Chair Borkon asked that no dead animals be kept on the premises and asked what Ms. Williams would do in the event a cat were to die. Ms. Williams stated she would contact the owner. She explained she obtains emergency numbers from the owners when the cat is boarded. She also obtains telephone numbers for family and/or friends. In addition, the owners complete a form with instructions relative to their preferences in the event of a death. Commissioner Champa questioned the number of conditions being placed upon the applicant. Chair Borkon felt this to be a business which could just as easily be conducted in a commercial facility. . . . PLANNING COMMISSION MINUTES APRIL 21, 1998 - PAGE 6 Commissioner Callies expressed concern relative to the number of conditions being requested, although she felt it would be appropriate for some conditions to be imposed. Chair Borkon felt the conditions should be discussed and considered prior to a motion being made. Commissioner Bailey was reluctant to micro manage the business and was reluctant to impose too many conditions relative to what goes on inside of the business. Commissioner Lizee felt there should be some conditions. She noted Ms. Williams is agreeable to the lighting and the scheduling and she did not feel a capacity of 16 cats would be unreasonable. Commissioner Lizee did not feel there would be a problem with commercial traffic, noting Smithtown Road is a collector street and is generally busy with traffic. Commissioner Champa was in agreement with the conditions established by staff, however, he was in agreement with Commissioner Bailey relative to micro managing the business. The Commission reviewed the list of concerns raised by Chair Barkon and agreed the following would be included as conditions of a Conditional Use Permit: 1. Limit the capacity to 16 to 20 felines. Commissioner Champa was opposed to setting a limit on the number of cats which could be boarded. Ms. Williams explained she would not be capable of handling more than 16 to 20 cats. Chair Borkon stated she would like a specified number included in the Conditional Use Permit. 2. Drop off and pick up times would be limited to 7:00 a.m. to 8:00 p.m. 3. Motion detector lights will be utilized. 3. The building will comply with all applicable city and state codes relative to building, fire and health safety codes. 4. No deceased animals will be stored on the premises for longer than 24 hours. 5. Subject to staff recommendations. Commissioner Collins felt this to be a commercial business which belongs in a commercial facility and will introduce more commercial traffic into the neighborhood. Commissioner Bailey felt the request meets all of the conditions for a home occupation permit and should be approved. Commissioner Collins stated this building is a commercial building being constructed in a residential area and felt it would cause problems in the future. Commissioner Bailey pointed out the ordinance is very clear that home occupancy allows the use of an accessory building. Commissioner Champa noted his agreement. Commissioner Callies commented this request complies with the ordinance, however, she expressed concern whether this is the type of business which is appropriate for a home . . . PLANNING COMMISSION MINUTES APRIL 21, 1998 - PAGE 7 occupation. Ms. Williams stated she could not afford to conduct this business on a commercial property given the expense which would be involved. Lizee moved, Bailey seconded approving a Conditional Use Permit for a Special Home Occupation for Nancy Williams, 26270 Smithtown Road, subject to staff recommendations as well as limiting the capacity to 16 to 20 felines, drop off and pick up times limited to 7:00 a.m. to 8:00 p.m., motion detector lights to be utilized, the building will comply with all applicable city and state codes relative to building, fire and health safety codes, no deceased animals will be stored on the premises for longer than 24 hours. Motion passed 5/1. (Commissioner Collins was the dissenting vote.) Commissioner Lizee commended the applicant for going through the process and requesting a home occupation permit noting there are many home occupations being conducted for which a permit has not been applied. Champa moved, Bailey seconded amending the agenda to consider Matters from the Floor as Item No.3. Motion passed 5/0. (Commissioner Collins was not in the room during the motion and/or vote.) 3. MATTERS FROM THE FLOOR - None Chair Borkon recessed the meeting at 9:37 p.m. and reconvened at 9:46 p.m. 4. STUDY SESSION - LAND USE LU-9 Item No.9: Council Liaison O'Neill explained this section is being deleted because the Council does not believe the cost of land should determine the zoning. Nielsen explained in the event there is a discrepancy between the current zoning and land use plan, the zoning would be the guide. Item No. 16: Nielsen pointed out this section allowed for a mix of housing types within a development. Council Liaison O'Neill explained removing this section does not eliminate this option, it simply takes away the argument that a developer would have the right to integration of housing types or styles within a development. If an acceptable plan were presented, this could still be done. Item No. 17: Commissioner Callies questioned Item No. 17. Nielsen explained this should be changed to reflect medium density. In the event there is a discrepancy, the zoning district will be utilized. Commissioner Callies felt there should be a statement at the beginning of the Land Use Plan which would provide a description of where Shorewood is at today. Nielsen felt this should be included on LU-1 and stated he will return to the Commission with proposed text. LU-13 . . . PLANNING COMMISSION MINUTES APRIL 21,1998 - PAGE 8 Commissioner Callies referred to Paragraph 2 which addresses the primary function of Shorewood and asked that Nielsen review this to decide where this paragraph would more appropriately be placed. Nielsen felt this should be included in the introduction. LU-17 Paragraph 3: Council Liaison O'Neill stated the Council does not want to encourage residential clustering as a primary goal of the City. Chair Borkon asked whether the Council considered using the words "may be utilized if appropriate" rather than "encouraged." Commissioner Bailey pointed out on LU-9, Item No. 12 makes reference to cluster and planned unit development concepts and the Comprehensive Plan document has not rejected those concepts. Commissioner Callies asked whether the preservation of natural features should be encouraged. Council Liaison O'Neill pointed out this is included in various other provisions of the plan. Nielsen suggested this segment be added to the final revised paragraph on LU-I? which addresses Planned Unit Development. Commissioner Bailey felt the sentence, "Clear criteria must be established as to when PUD may be used as a development tool," to be more of an issue than a concept. Commissioner Callies questioned the first sentence which states, "Shorewood's PUD regulations are in need of review, update and clarification." Commissioner Bailey felt those sentences should be deleted. The Commission was in agreement. Nielsen felt the sentences should be included in the plan, perhaps in another section. LU-27 Council Liaison O'Neill explained the Council was not in favor of reducing developmental costs to make the lots smaller. The basic philosophy is to use the existing zoning. Commissioner Champa pointed out Paragraphs 2,3, and 5 need to be rewritten to be consistent with the zoning map. Nielsen will address this issue and return to the Commission with revised language. LU-28 With respect to the property which is zoned C-2 and on which currently exists a small auto repair business, Nielsen explained ultimately the Council would like this property returned to residential property. Chair Borkon felt the Council's intention should be included in the plan for purpose of clarification. Council Liaison O'Neill felt the Council would be opposed to making any change to this particular zoning. Commissioner Callies suggested language such as "because the site is totally surrounded by residential, future neighborhood use of land may influence how this property is viewed for zoning purposes." PLANNING COMMISSION MINUTES APRIL 21,1998 - PAGE 9 . Chair Borkon suggested referring this matter back to the Council with a notation the Council may want to state there are long term goals for this area. Commissioners Bailey and Champa felt the language should remain as it presently reads. Nielsen questioned whether the Commission would be in agreement with expressing an intent that ideally this property would be converted to residential at some point, although it will not be rezoned at this time. Chair Borkon and Commissioners Callies, Lizee and Collins were in agreement with this. Commissioner Bailey was not opposed to suggesting the Council review this section. Commissioner Champa pointed out the reference of low to medium density needs to be changed to reflect low density. LU-31 Commissioner Champa noted the terms relative to density need to be made consistent throughout the plan so that the units per acre are consistent with the zoning designation. Council Liaison O'Neill noted Item No.5 addresses the issue relative to the property which is currently zoned C-2 as referenced on LU-28. . LU-32 With respect to the italicized paragraph which is being added to the plan, in Sentence 3, change "impervious" to "impervious surface." LU-33 Housing Variety/Affordability Commissioner Lizee questioned whether the City is deciding how, where and if property owners can improve their properties. She expressed concern relative to the preservation of existing affordable housing when affordable housing has not been defined by the City. She also questioned the means of preserving this housing. Council Liaison O'Neill clarified the plan indicates measures will be explored. He pointed out the City will be undertaking a house study to determine what does exist within the city. Commissioner Callies suggested it be noted the City is in the process of preparing a separate housing plan. . Commissioner Champa referred to LU-32 and noted the City is attempting to control the way land is subdivided. He suggested a reference be included reflecting the City is exploring other alternatives to subdividing such as green space. Nielsen pointed out this is included on LU-21. Commissioner Champa suggested cross referencing section LU-32 to section LU-21. Nielsen stated he will develop some language to address this. . . . PLANNING COMMISSION MINUTES APRIL 21,1998 - PAGE 10 Senior Housing Nielsen explained this section will be included in the housing plan, however, the text will be modified. The language is simply being deleted from the Land Use section of the Comprehensive Plan. LU-38 Item No. 10: Commissioner Callies suggested language which would reflect, "Prepare a separate housing plan describing Shorewood's existing housing stock and identify measure to encourage development and preservation of the diversity of housing types including affordability and senior housing. " 5. REPORTS - None 6. ADJOURNMENT Collins moved, Lizee seconded adjourning the meeting at 11:02 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and ~tlikcotlt~ for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 5,1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Lizee, Bailey, Callies, Collins and Anderson; Planning Director Nielsen; Council Liaison O'Neill. Chair Borkon introduced Neil Anderson who was recently appointed to the Planning Commission. APPROVAL OF MINUTES Planning Commission Minutes - April 14, 1998 Bailey moved, Collins seconded approving the Planning Commission Minutes of April 14, 1998, as submitted. Motion passed 6/0. Chair Borkon suggested adding an item to the agenda relative to the Election of Vice Chair noting this position is currently vacant. Planning Director Nielsen noted Item No.3, Study Session - Land Use Revisions could be stricken from the agenda since this item is not prepared for discussion at this time. Collins moved, Anderson seconded adding Item No.3 to the agenda, Election of Vice Chair. Motion passed 6/0. 1. SIMPLE SUBDIVISION/COMBINATION Applicant: Location: Ron Hume 25040 Yellowstone Trail Mr. Hume was in attendance and was in agreement with the staff recommendations. Callies moved, Lizee seconded approving the simple subdivision/combination for Ron Hume, 25040 Yellowstone Trail, subject to staff recommendations. Motion passed 6/0. Chair Borkon noted this matter will come before the City Council for their consideration on Tuesday, May 26, 1998, at 7:00 p.m. . . . PLANNING COMMISSION MINUTES MAY 5,1998 - PAGE 2 2. SIMPLE SUBDIVISION Applicant: Location: Dean Johnson 5875 Cathcart Drive Mr. Johnson was in attendance along with his niece, Jennifer Bauerly, who will be purchasing the property with her husband. Mr. Johnson stated a southern boundary with 23 feet of dedication to the City for Cathcart Drive would make the side yard tolerable. If there is a 27-foot dedication, the side yard will be very narrow with respect to Mr. Johnson's home. Mr. Johnson felt it would be best if the lot line were to continue straight west and be squared off. This would, however, require a variance. He noted his understanding a variance would be difficult to obtain. Mr. Johnson asked the Commission to consider a 23-foot dedication back to the City since this would be helpful relative to the southern boundary. Mr. Johnson questioned if Cathcart Drive were to be moved at some point in the future whether there would be any assurances the land would be deeded back to the property owner. Nielsen stated this would be difficult to determine at this time since the plans for this particular roadway have not yet been completed. He pointed out the property owners could, at that time, request a vacation of the street. Mr. Johnson stated there was consideration given to fronting the home on Smithtown Road, however, given the traffic on Smithtown and the disruption in entering traffic from the driveway, it was decided to front the home on Cathcart Drive. Commissioner Bailey asked for an explanation of a minor collector street. Nielsen stated this has not been defined. He noted Smithtown is a full collector street as opposed to Cathcart Drive which would be considered a minor collector street. Commissioner Bailey stated he would be concerned with reducing the right-of-way to a width smaller than a normal city street. Mr. Johnson pointed out 33 feet still exist on the west side of the street. That, in addition to 23 feet on the east side, would result in 56 feet of right-of-way. Nielsen stated it is possible the same situation exists on the west side of the street as exists on the east side. He stated his assumption that because the land was platted, the City acquired the 33 feet adjacent to the meadows and that that portion is dedicated as a part of the plat. Nielsen pointed out the right-of-way is already being reduced from what has already been required in this area. Chair Borkon felt it important for the City to be able to make the necessary changes to Cathcart Drive which will put this roadway in alignment with Marsh Pointe. She inquired of Council PLANNING COMMISSION MINUTES MAY 5,1998 - PAGE 3 . Liaison O'Neill whether the Council has any long term idea relative to this issue. Council Liaison O'Neill stated he did not feel there had been any change to this plan. Commissioner Callies questioned why 25 feet would not be required since it would comply with some street standards and does not comply at all with the 33-foot right-of-way. In addition, there appears to be some historical precedent for 25 feet. Nielsen explained 27 feet allows the lot to be 120 feet wide. He stated he would have recommended 30 feet if there had been 120 feet of width remammg. With respect to a variance, Commissioner Callies asked whether the southern boundary being moved more northerly would improve the buildability of the lot or if it would make the lot unbuildable. Nielsen explained a public hearing notice would need to be published to consider a variance of any kind. He did not feel this situation would warrant a variance since this is a buildable lot. He further explained although the lot line will move closer to the house, there is a 50-foot setback resulting in a fair amount of green space. Commissioner Bailey questioned whether the 66 feet applies to all collector streets in new subdivisions at this point. Nielsen explained the most recent collector street was constructed with approximately 60 to 66 feet of right-of-way. . Commissioner Collins noted his agreement with Commissioner Callies that historically 25 feet had been used which would result in a 50-foot right-of-way. He felt utilizing 25 feet would be a good compromise for both the City and the property owner. Council Liaison O'Neill clarified this will result in a 58-foot right-of-way given the 33 feet which currently exists on the west side of the roadway. Nielsen felt 25 feet would be acceptable. Commissioner Anderson requested clarification relative to the number of feet which exists on the other side of the street. He felt the Commission could proceed on this issue subject to there being 33 feet available on the opposite side of the roadway. Commissioner Bailey asked why it would be acceptable to reduce the footage from 27 to 25 feet, but not from 25 to 23 feet. Nielsen explained aside from being a 120-foot lot, the 27 feet combined with the 33 feet which is assumed on the other side, results in 60 feet. He noted 60 feet would be the minimum for a collector street. This also takes into consideration the shift in the roadway which is planned at some point in the future. Commissioner Collins felt 25 feet would be easier to justify than utilizing 23 or 27 feet. He noted there are existing streets which have 25 feet of right-of-way on each side and this street would then be consistent. Chair Borkon questioned whether the 25 feet allow sufficient area for a collector street. Nielsen stated this will actually result in 58 feet unless the City acquires some additional right-of-way on the other side of the street. . Collins moved, Callies seconded approving the simple subdivision for Dean Johnson, 5875 Cathcart Drive, subject to staff recommendations, utilizing a 25-foot right-of-way and PLANNING COMMISSION MINUTES MAY 5,1998 - PAGE 4 . contingent on there being 33 feet of right-of-way on the opposite side of the roadway. Motion passed 6/0. Chair Borkon noted this matter will come before the City Council for their consideration on Tuesday, May 26, 1998, as well. 3. ELECTION OF VICE CHAIR Chair Borkon explained it is necessary to fill the position of vice chair since this position has been vacated by Roger Champa who has been appointed to the City Council. Commissioner Collins questioned whether it would be appropriate to fill this position since there remains a vacancy on the Commission. Council Liaison O'Neill explained the Council has discussed possibly reducing the Commission to five members. This matter will be further discussed by the Council. Commissioner Bailey felt seniority should have some importance on a governmental body and the most senior commissioner should be presented to the Council for their consideration regardless of the position the Council may take relative to a particular commissioner. Council Liaison O'Neill noted there have been a number of changes to the Planning Commission since the new Council has taken over and stated there was a significant difference between the Council and the Commission on the direction the City should take. . Chair Borkon asked Council Liaison O'Neill to take these comments back to the Council and noted she concurs with Commissioner Bailey's comments. Bailey moved, Callies seconded nominating Christine Lizee to the position of Vice Chair. Motion passed 4/1. (Commissioner Collins was the dissenting vote and Commissioner Anderson abstained.) Commissioner Collins did not feel there to be a point in moving forward with this recommendation since it is his belief the Council will not agree to this appointment. Comrni~~ioner Dailey not'Cd hi~ agreement. Commissioner Callies felt seniority plays a part in the appointment of the vice chair, however, a person's ability to run a meeting must also be taken into consideration. She stated she is comfortable with this nomination. 4. MATTERS FROM THE FLOOR - None 5. REPORTS Commissioner Lizee noted street signs and stop signs have been installed at Marsh Pointe. . Chair Borkon noted several neighbors have approached her regarding problems in the neighborhood relative to cats. She inquired whether consideration should be given to . . . PLANNING COMMISSION MINUTES MAY 5, 1998 - PAGE 5 establishing an ordinance relative to cats. Nielsen felt it would be appropriate for any concerned residents to bring this matter to the Council for their consideration since this would not be an issue for the Planning Commission to address. 6. ADJOURNMENT Collins moved, Callies seconded adjourning the meeting at 8:20 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and strikcoutg for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 19, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Bailey, Callies, Collins and Anderson; Planning Director Nielsen; Council Liaison O'Neill. Absent: Commissioner Lizee APPROVAL OF MINUTES Planning Commission Minutes - April 21, 1998 Collins moved, Bailey seconded approving the Planning Commission Minutes of April 21, 1998, as amended on Page 2, Paragraph 4, Sentence 5, change "driveway issue" to "right- of-way issue." Motion passed 5/0. Planning Commission Minutes - May 5, 1998 Collins moved, Anderson seconded approving the Planning Commission Minutes of May 5, 1998, as amended on Page 4, Item No.3, Paragraph 6, delete "Commissioner Bailey noted his agreement." Motion passed 5/0. Chair Borkon asked Council Liaison O'Neill to report on the recent storm damage throughout the city. Council Liaison O'Neill reported on the Emergency Council Meetings which have been held in this regard as well as the steps which are being taken to assist the residents through this situation. 1. DRAFT OF ADULT USE ORDINANCE Planning Director Nielsen reviewed and described the existing commercial areas in Shorewood as well as the impact the 200-foot setback requirement would have on each of the sites. He pointed out there are a very limited number of areas in which an adult establishment could be located. Nielsen also provided a draft ordinance for review and consideration by the Commission. Commissioner Collins supplied the Commission with a copy of the Adult Use Ordinance currently in effect in St. Louis Park for their information and review. PLANNING COMMISSION WORK SESSION MINUTES MAY 19, 1998 - PAGE 2 . Chair Borkon noted the only possible locations would be on Vine Hill Road, Highway 19 or the Shorewood Shopping Center. She inquired whether a Conditional Use Permit could be utilized. Nielsen explained in studying various ordinances, most cities are making this situation a permitted use along with a licensing procedure which is more stringent than conditional uses. The only element which would not be a part of a permitted use would be the public hearing process. In addition, Nielsen pointed out the licensing process would require a number of conditions. Chair Borkon asked whether the licensing requirements could be conditions contained within a Conditional Use Permit. Nielsen explained a Conditional Use Permit could be used subject to the requirements of Chapter 309. He felt the licensing process to be a stronger tool. Chair Borkon suggested requiring licensing in additional to a Conditional Use Permit. Nielsen stated he is investigating this matter. With respect to St. Louis Park, Commissioner Collins noted the permit itself could be so restrictive conditions would be unnecessary. Chair Borkon stated she would be in favor of a Conditional Use Permit as long as a license is also required. She felt this would give the City more control. Commissioner Callies expressed concern relative to a public hearing in that the Commission cannot deny an application based on public input opposing a particular request. . Commissioner Anderson suggested utilizing a Conditional Use Permit which incorporates the setback requirements. Chair Borkon stated she would like to utilize the Conditional Use Permit process because it would give the City more control and provides the community with an opportunity to voice any concerns they may have. Commissioner Callies questioned whether there is a public hearing process in applying for a license. Nielsen noted there is no requirement for a public hearing process. Commissioner Bailey expressed concern relative to the Conditional Use Permit process in that it may ultimately raise First Amendment issues. Chair Borkon felt a public hearing to be an essential part of the process and commented the Commission can explain to the public there are restrictions which the Commission must adhere to such as making sites available for this use. Council Liaison O'Neill stated he would be interested in the licensing process. While he is in favor of public hearings, he did not feel there would be a benefit to holding a hearing and then informing the public the Commission is legally bound to provide a site. Commissioner Anderson inquired as to any notice area which would be required for the licensing process. Nielsen noted there is not a notification process, however, this requirement could be added to the licensing process. Chair Borkon stated she would be in favor of utilizing the licensing process as long as there is a mechanism for notification. . Commissioner Anderson noted two of the sites border other communities and inquired what requirements from an adjacent community might have to be taken into consideration. He PLANNING COMMISSION WORK SESSION MINUTES MAY 19, 1998. PAGE 3 . suggested there may be a need for a reciprocal discussion with the adjacent communities. Nielsen will review this issue and report back to the Commission. Commissioner Anderson stated in the event of a public hearing, he wants to feel comfortable the Commission knows what will be said to the public relative to how the sites where selected. Nielsen noted this particular text amendment does not reference a particular site, therefore, a public hearing notice will be placed in the newsletter as well as a press release in the newspaper announcing a public hearing will be held to consider a text amendment to the ordinance having to deal with zoning in relation to Adult Use. Anderson moved, Bailey seconded accepting the language in the proposed ordinance to include a public notice requirement for the licensing process. Nielsen felt the Commission should examine both approaches. If the Commission should decide to use the permitted route as opposed to a Conditional Use Permit, a notice requirement would need to be incorporated into the licensing procedure. Commissioner Anderson stated it is important to ensure there will be a public hearing regardless of the approach which is adopted. Commissioner Callies suggested amending the motion approving the language with the notice requirement for the licensing process, however, noting the Planning Commission will continue to study the Conditional Use Permit process. Commissioners Anderson and Bailey noted their agreement to the proposed amendment. . Anderson moved, Bailey seconded amending the motion to include the Commission will consider further study of the Conditional Use Permit Process. Vote on Motion: Motion passed 5/0. 2. MATTERS FROM THE FLOOR - None 3. REPORTS Commissioner Bailey questioned a comment which Council Liaison O'Neill made at a Council meeting relative to complaints he has received from a number of residents relative to the length of time the Planning Commission spends on a particular issue. Commissioner Bailey questioned whether there is something the Commission should do in this regard. Council Liaison O'Neill explained he has received a number of complaints from residents as well as members of the Commission relative to the length of time which is utilized to consider a particular issue. He explained his belief the Commission should be reduced from seven members to five. . Chair Borkon expressed concern relative to representation throughout the community, however, she would not have a problem with a five member commission. She stated she would encourage the Council to be aware of community representation. . . . PLANNING COMMISSION WORK SESSION MINUTES MAY 19, 1998 - PAGE 4 Commissioner Bailey felt with the exception of possibly one study session, the Planning Commission has moved along quite well. Chair Borkon felt it might be helpful to change the order of the agenda to move an item up on the agenda in the event there are residents in attendance in response to a particular item. Commissioner Bailey pointed out there would be a greater chance of not having a quorum with a five member commission. *** Nielsen reported the Council has directed the Planning Commission to review the home occupation ordinance. In addition, the Council would like the Planning Commission to review the lighting of signs and hours of operation for such signs. 4. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting at 8:58 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl WalIat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 2, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Lizee moved, Callies seconded appointing Pat Collins as the Pro Tern Chair Person for this meeting in the absence of Chair Borkon. Motion passed 4/1. (Commissioner Collins was the dissenting vote.) Pro Tem Chair Collins called the meeting to order at 7:00 p.m. ROLL CALL Present: Pro Tem Chair Collins; Commissioners Lizee, Bailey, Callies and Anderson; Planning Director Nielsen; Council Liaison O'Neill. Absent: Chair Borkon APPROVAL OF MINUTES Planning Commission Minutes - May 19, 1998 Callies moved, Anderson seconded approving the Planning Commission Minutes of May 19,1998, as submitted. Motion passed 4/0. (Commissioner Lizee abstained.) 1. SIMPLE SUBDIVISION Applicant: Location: Virginia Svoboda and Joe Glaccum 6090 and 6130 Chaska Road Ms. Svoboda and Mr. Glaccum were in attendance. Commissioner Lizee inquired how this swap would be recorded on the deed to the properties. Nielsen explained the property owners will deed the triangles to each other and they will then be recorded by Hennepin County. Anderson moved, Bailey seconded approving a Simple Subdivision for Virginia Svoboda and Joe Glaccum, 6090 and 6130 Chaska Road, subject to staff recommendations. Motion passed 5/0. Nielsen explained this matter will come before the City Council for their review and consideration on Monday, June 8, 1998. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 2, 1998 - PAGE 2 2. SIMPLE SUBDIVISIONILOT COMBINATION . Applicant: Location: Minnetonka Moorings, Inc. 600 West Lake Street Mr. John Cross was in attendance on behalf of Minnetonka Moorings, Inc. He pointed out the northerly parcel contains 32 feet rather than 25 feet. Nielsen verified this by referring to the survey of the property. Commissioner Lizee inquired when the lighthouse will be moved. Mr. Cross explained a pad needs to be prepared, however, he would anticipate this work will be completed within the next six weeks. Commissioner Lizee asked whether Mr. Cross could have this work completed by August 1 and he was in agreement with this. Lizee moved to approve a Simple SubdivisionILot Combination for Minnetonka Moorings, Inc., 600 West Lake Street, noting the northerly right-of-way to be 32 feet rather than 25 feet, and subject to the lighthouse being moved to the original or an acceptable location by August 1, 1998. Commissioner Callies did not feel it necessary to include a provision relative to the lighthouse. In the event the lighthouse situation is not corrected, Mr. Cross would be in violation of his Conditional Use Permit. . Motion failed for lack of a second. Lizee moved, Bailey seconded approving a Simple SubdivisionILot Combination for Minnetonka Moorings, Inc., 600 West Lake Street, noting the northerly right-of-way to be 32 feet rather than 25 feet and subject to staff recommendations. Motion passed 5/0. 3. STUDY SESSION a. Adult Use Regulations - Draft Zoning Code Text Amendment Nielsen provided the Commission with a Memorandum from Assistant City Attorney Dan Greenswig addressing the issue of Conditional Use Permits for Adult Establishments. Nielsen reported it would be the recommendation of staff to utilize a licensing process and a permitted use rather than a Conditional Use Permit, adding language to the licensing chapter which requires notification within 500 or 1,000 feet. Pro Tern Chair Collins pointed out, as noted by Attorney Greenswig, the Conditional Use Permit process would require public hearings at which the City would be unable to constitutionally respond to many of the public's concerns and requests. . . . . PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 2,1998 - PAGE 3 Commissioner Bailey felt a Conditional Use Permit would be inconsistent with the idea of adult uses in that a Conditional Use Permit should not be utilized if it causes a reduction in surrounding property values. Commissioner Callies asked if the issue of notice has been resolved. Nielsen stated he would utilize the notice process which is currently contained in the zoning code. Commissioner Lizee pointed out the notice area has been extended in the past on various projects. Commissioner Callies expressed concern if there is a separate notification requirement. for 3 pM'ticul31 use, this vvould offer 3n opp011unit:y for 3 property ovvner to not receive notice. Anderson moved, Bailey seconded approving permitted use with a licensing process to include the notice requirement consistent with the notification process utilized by the City. Motion passed 4/1. (Commissioner Lizee was the dissenting vote.) Commissioner Lizee felt a conditional use would show more integrity than a permitted use. b. Home Occupation Regulations - Review Requirements Commissioner Anderson inquired what type of occupations are being performed. Nielsen noted there are businesses making gift baskets, gun dealers, secretarial services, contractors, computer services as well as a number of Special Home Occupation Permits. Pro Tem Chair Collins inquired whether a person utilizing electronic data in and out of their home would be required to have a permit. Nielsen explained if this work qualifies as a business, a permit would be required. Commissioner Callies commented she would want to control such things as traffic and signage. Nielsen felt the biggest advantage to a Special or Home Occupation Permit would be that the residents are made aware of the requirements which must be met to operate a home occupation. Commissioner Callies pointed out many residents may not be aware such an ordinance exists. Nielsen suggested it be included once per year in the City newsletter which is delivered to all residences. Nielsen explained staff reviewed the Home Occupation Permits from Minnetonka, Plymouth and Eden Prairie. He felt the benefit to this process to be that when an applicant applies for a permit, a questionnaire is completed and the applicant is made aware of the rules. The applicant must then show to the City how they will comply with the requirements. Commissioner Bailey asked about the purpose in requiring a Limited Home Occupation Permit. Nielsen pointed out use of an outside employee or conducting a business in an accessory building would trigger the need for a Limited Special Home Occupation Permit. Commissioner Bailey stated he would sympathetic to not requiring a permit for a limited home occupation. He would be opposed to a law which would cause someone to be in violation unintentionally. PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 2, 1998 - PAGE 4 . Nielsen explained Minnetonka has taken the entire category which encompasses the limited home occupations and made them accessory uses within the residential districts. If a resident is in excess of those requirements, they would then need to apply for a Conditional Use Permit. Pro Tern Chair Collins asked how the City would become aware of violations. Nielsen noted violations are complaint driven. Commissioner Anderson felt it to be intrusive to require a license to do things in your home which you would do for general pleasure purposes as long as it does not violate a neighbor's rights to their property. Commissioner Lizee asked Council Liaison O'Neill about his experience with Home Occupation Permits. He pointed out at one time a substantial number of homes on his block were operating home occupations without a permit. Council Liaison O'Neill stated he would be in favor of utilizing the Minnetonka approach to home occupation permits. Commissioner Anderson felt there may need to be better definitions contained within the ordinance. Commissioner Lizee felt the types of businesses which would be allowed could be better defined. . Nielsen felt the consensus of the Commission to be that a limited permit should be more of an accessory use and that a license or permit would not be required. If the use were to go beyond this, a Conditional Use Permit would be required. A better definition of home occupation should be considered. Commissioner Bailey felt the current Special Home Occupation Permit works quite well and should not be changed. Commissioner Anderson felt there to be a gray line between limited use and special use and some guidance should be given to administrative staff to assist them in determining where that gray line lies. Nielsen noted a distinction between the two has not been a problem in the past. Commissioner Bailey felt perhaps there would be a way to work in a provision relative to outsiders entering the premises as opposed to working inside the home at different hours. He expressed his agreement in eliminating the requirement of a permit for a limited home occupation. Commissioner Lizee stated she concurs with Commissioner Bailey. She asked whether the Planning Commission should look at the percentage of floor use as defined by the IRS as a possible guideline. Nielsen expressed concern the IRS requires a minimum amount of use and the City would want to limit this. Nielsen will review this and return to the Commission with some suggestions. Commissioner Callies felt the ordinance could be rewritten so that it is clearer and easier to follow and understand. . Commissioner Anderson stated he would like to see the ordinances being used by other cities such as Minnetonka. He felt it to be intrusive to require a license for a limited home occupation. . . . PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 2, 1998 - PAGE 5 With respect to signage, Commissioner Callies did not feel it would be offensive to have a small sign indicating "office" for limited home occupations with an office. She would, however, not want to see neon signs. Nielsen felt it important to limit signs in residential areas. He recommended against anything more liberal than is currently permitted in the ordinance. Commissioner Callies commented the City may want to consider permitting a business such as a dentist with a small business in the home. Nielsen stated he will return to the Commission with some proposed changes to the ordinance based upon their input. 4. MATTERS FROM THE FLOOR - None 5. REPORTS Commissioner Bailey commented on the change in the make up of the Planning Commission and stated he did not feel this change should have been made mid year. Council Liaison O'Neill reported he has a copy of the survey which was just completed and anyone wishing copies may contact him. Nielsen noted the next meeting of the Planning Commission is scheduled for June 16th and will be a study session. Pro Tern Chair Collins invited Commissioner Lizee to the next meeting of the Commission to receive accolades from the Commission for her years of service. He thanked her for her time, service and guidance during his short time on the Commission. Commissioner Lizee stated, "It is better to die on your feet than to live on your knees." 6. ADJOURNMENT Bailey moved, Anderson seconded adjourning the meeting at 8:24 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl WalIat Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and ~tIikcotlt~ for deletions. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 16, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:03 p.m. ROLL CALL Present: Chair Borkon; Commissioners Bailey, Callies, Collins and Anderson; Planning Director Nielsen; Council Liaison O'Neill. Council Liaison O'Neill introduced Erica Johnson who is completing an internship with the City of Shorewood. APPROVAL OF MINUTES Planning Commission Minutes - June 2, 1998 . Collins moved, Anderson seconded approving the Planning Commission Minutes of June 2, 1998, as amended on Page 3, Paragraph 3, Sentence 2, insert a period after "requirement" and delete the remainder of the sentence; Item B, Paragraph 6, Sentence 2, change "Limited" to "Special". Motion passed 4/0. (Chair Borkon abstained.) Chair Borkon asked for nominations to fill the position of Vice Chair. Collins moved, Anderson seconded nominating Commissioner Callies to the position of Vice Chair. Commissioner Bailey inquired whether Commissioner Collins would be interested in the position since he is the next senior member of the Commission and noted he did chair the previous meeting. Commissioner Collins declined. Vote on Motion: Motion passed 5/0. STUDY SESSION 1. COMPREHENSIVE PLAN - NATURAL RESOURCES CHAPTER . Planning Director Nielsen distributed a revised copy of the Natural Resources Chapter of the Comprehensive Plan and reviewed the changes which have been made by the Council. . . . PLANNING COMMISSION WORK SESSION MINUTES JUNE 16, 1998 - PAGE 2 NR-3 With respect to Item No.9, Chair Borkon suggested utilizing a word other than "control." Nielsen suggested: "Where feasible, preservation of natural open space areas shall be achieved through conservation easements, acquisition or development regulation." The Commission was in agreement with this change. NR-8 In discussing Item No. 12, Commissioner Callies did not feel it beneficial for the Commission to be reviewing the Plan addressing language issues. She felt the Commission should be looking at the big picture as it relates to the goals of the City and providing input relative to those goals. Chair Borkon commented the Commission is going through verbiage since it has already been decided this is the route the City will be taking. The actual plan to make these goals work is currently being considered by the Ad Hoc Committee which has been developed. Commissioner Callies stated she disagrees, as may others, that the City have a policy that all open space shall be kept as open space indefinitely or that the City should do something about the open space since some of this open space may be adequately protected by other regulations. Council Liaison O'Neill pointed out the reference to conservation easements and noted this has nothing to do with the City, but would be something an individual property owner could do to preserve green space. Commissioner Callies felt perhaps the term "open space" should be defined. Council Liaison O'Neill stated before any taxpayer money would be spent, the Ad Hoc Committee will investigate the possibility of conducting a referendum to determine whether the taxpayers would be in favor of the City acquiring green space. Commissioner Anderson noted this is the policy of the Council and the goal is to begin to preserve green space going forward. Council Liaison O'Neill stated the Council wishes to pursue this. Commissioner Anderson felt there to be a risk in that it is implied development in the community will be stopped by stating the City is pursuing this goal by keeping the remaining spaces green. He expressed concern relative to a land owner who might have property and this would ultimately reduce the value of the property by in some way putting a moratorium on the property. Council Liaison O'Neill stated the trail survey reflects there is interest in the community ill preservmg green space. Commissioner Bailey felt this to be a general expression of policy and was not opposed to this item. . . . PLANNING COMMISSION WORK SESSION MINUTES JUNE 16, 1998 - PAGE 3 NR-17 Chair Borkon was opposed to Item No. 5 which states, "The requirements of the Wetland Conservation Act will be actively enforced." Commissioner Callies suggested changing the wording to, "The requirements of the Wetland Conservation Act have been incorporated into Shorewood's wetland code." Chair Borkon noted her agreement with this suggestion. Commissioner Collins felt this language should be consistent with the reference on NR-l to "the provisions of the Wetland Conservation Act." Nielsen suggested changing the language in Item No.5 on NR-17 to be consistent. It was agreed Item No.5 will be rewritten to read, "The provisions of the Wetland Conservation Act have been incorporated into Shorewood's wetland code." Commissioner Bailey commented he is sympathetic to the idea of a ratio, however, he stated he is unable to evaluate whether or not this is a good number. He felt this to be a good method to use in preserving green space. Nielsen explained 30 percent was the prior requirement for shoreland, however, this was reduced to 25 percent by the DNR. He noted the 25 percent requirement has worked well. NR-9 Commissioner Anderson questioned whether there are regulations relative to filling and excavating soils. He noted some sites have a history of problems with soils or there may be a need for fill. He asked if there are regulations relative to the type of fill which is used. Commissioner Anderson also questioned what the City does to be aware of the existence of petro stations or if there is a bad site which could potentially run on and contaminate other properties. Nielsen explained there is an inventory of old petro sites. He explained two instances of leakage within the City and the corrective measures which were taken in that regard. Nielsen explained the City periodically receives reports from the Fire Marshall's office relative to leaks or spills. Commissioner Anderson felt there should be a policy by which the City is notified of any new tanks which are installed in the City. In addition, he felt there should be an inventory of any existing sites within the City. Nielsen also explained the City routinely receives reports from the PCA relative to fills. These are generally on a case by case basis, as they are discovered. Commissioner Anderson noted Shorewood is a community with numerous private wells and expressed concern relative the spread of contamination. Nielsen pointed out as a part of the stormwater management plan, cities are required to have a well head protection plan which would cover the deep wells of the City. He noted there is also a provision relative to residential wells. . . . PLANNING COMMISSION WORK SESSION MINUTES JUNE 16, 1998 - PAGE 4 Commissioner Anderson felt the City should be notified when a new tank is installed and that contaminated sites be addressed in such a way that the City strongly encourages immediate clean up of identified sites and attempts to find mediation solutions. Nielsen will investigate this issue. Commissioner Anderson inquired whether the City has an inventory of hazardous waste generators. Nielsen pointed out there are no hazardous waste generators within the City. NR-12 Council Liaison O'Neill pointed out relative to NR-12, Item No.7, that ponds are used to control the volume of runoff rather than to collect and filter pollutants. He also expressed concern relative to the efficiency ofNURP ponds. He asked the Commission to provide any suggestions they may have relative to rewording of this provision. Council Liaison O'Neill stated he would like to explore alternatives which may be more effective. Nielsen pointed out some of this will be addressed through the stormwater management study which is being undertaken. Commissioner Bailey suggested, "Require methods to collect and filter pollutants in stormwater runoff before it reaches the wetlands." Nielsen will review this and make some revisions to this item. 2. MATTERS FROM THE FLOOR - None 3. REPORTS Erica Johnson reported on the Ad Hoc Committee and stated it is the goal of the committee to recommend a process for the City to utilize in obtaining green space. The committee met once to date and has discussed conservation easements as well as the possibility of obtaining land through bond referendum. Nielsen reported there will be a request for a Conditional Use Permit for a Special Home Occupation coming before the Commission on July 7, 1998. In addition, the Commission will also be considering a request to divide an approximately 6.8 acre site into five single family lots on Christmas Lake Road. Nielsen inquired whether the Commission is interested in expanding the notice area. He noted he did advise the developer to contact the neighborhood association to notify them of this request. The Commission was satisfied with utilizing the notice area which is contained in the ordinance. Nielsen also supplied the Commission with copies of the recent survey which was completed by Decision Resources, Inc., relative to a trail plan in the City. **** . . . PLANNING COMMISSION WORK SESSION MINUTES JUNE 16, 1998 - PAGE 5 Commissioner Collins felt it important the Council recognize Commissioner Lizee for her years of service on the Commission. Council Liaison O'Neill expects a plaque will be presented to Commissioner Lizee from Mayor Dahlberg in appreciation for her service. Commissioner Callies stated although she did not know Commissioner Lizee well, she did a fine job on the Commission. Commissioner Bailey suggested the plaque should read, "It is better to live on your feet than to die on your knees." Chair Borkon stated she respects and admires Commissioner Lizee and that she had the resolve to leave, it being better to die on her feet than to live on her knees, which she felt she would be doing if she did otherwise. 4. ADJOURNMENT Anderson moved, Callies seconded adjourning the meeting at 8:47 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 7,1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:01 p.m. ROLL CALL Present: Chair Borkon; Commissioners Bailey, Callies, and Collins; Planning Director Nielsen; City Engineer Brown; and Council Liaison O'Neill. Absent: Commissioner Anderson. APPROV AL OF MINUTES Planning Commission Minutes - June 16, 1998 Bailey moved, Collins seconded approving the Planning Commission Minutes of June 16, 1998, as presented. Motion passed 4/0. . 1. 7:00 P.M. PUBLIC HEARING - PRELIMINARY PLAT - CHRISTMAS SHORES Applicant: Location: Keith Waters and Associates, Inc. 5715 Christmas Lake Road Keith Waters and Don Peterson were in attendance on behalf of Keith Water and Associates, Inc. Chair Borkon reviewed the public hearing process with the public regarding this issue. City Planner Neilsen introduced the Preliminary Plat case to the Commission. He described the property that is being discussed and stated that this site a peninsula on R-IA zoning that is subject to shoreland district and Department of Natural Resources regulations. Neilsen stated that the applicant is proposing a subdivision of this land into five single family lots. He presented the City's street realignment of Merry Lane and the formation of the lots. Neilsen explained that the Outlot on the north end of the site is required by the Minnehaha Creek Watershed and would also buffer the development from Highway 7. Staff finds that this site meets or exceeds the square footage requirements and that lot widths and depths are met for each lot. Neilsen explained that due to the upgrade, Merry Lane would need to be widened by two feet and overlaid. Neilsen stated that increased signage would need to be placed on Merry Lane to keep public access traffic away from the residential cul-de-sac. City Engineer Brown stated that one of the most controversial issues with this case is the road . alignment for Merry Lane. He explained that, originally, Christmas Lane was going to be the PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 2 . meeting point but speeding traffic is a concern at that intersection. Mr. Brown stated that another option would be to elongate Merry Lane out. However, the problem with this option is that boat traffic could be a concern for the residential area. Mr. Brown stated that there needs to be a clear separation between residential and boating traffic and that this should be created by the road alignment. Mr. Waters, stated that Don Peterson, a civil engineer was along with him to answer questions. He described in greater detail the lake setbacks and lot layouts for this site. All lots are sized to meet setbacks for houses on both the street and lake sides. Mr. Waters has designed the cul-de- sac to be on the same location as the past building site. This allows for the least amount of tree removal and grading. Mr. Waters explained that the Anderson's and Bruce's will both have access to the cul-de-sac through a drive-way easement. He stated that the road access was designed to protect the residential development from highway noise and traffic. Don Peterson, the Project Manager and Civil Engineer, commented on the grade and cul-de-sac location. He stated that he wants to minimize the amount of land development and change in grade. Mr. Peterson declared that the widening of the road easement would not affect any lot lines or easements and that all setbacks will still remain in tact. He agreed that the intersection at Merry Lane needs to be distinct so as to discourage boat traffic from entering the neighborhood. Chair Borkon opened the public hearing at 7 :45 p.m. . Peter Lehman, 21265 Radisson and 21285 Radisson Road, stated that he is directly adjacent to Merry Lane and that the traffic flow and road alignment are concerns. Mr. Lehman presented several alternatives for the Merry Lane realignment. He stated he has concerns with boat traffic and residents parking on the street. His proposed realignment would decrease the flow of traffic near his home on Merry Lane and slow boat traffic while approaching the public access. Chair Borkon asked the City Engineer if these alternatives were at all feasible. Mr. Brown stated that the NURP pond on Outlot A wouldn't be allowed if the road was moved as Mr. Lehman suggested. Mr. Lehman stated that the buffers on the new lots are important and should be considered for his land, as well. Bob Anderson, 5725 Merry Lane, stated that he has lived adjacent to this property for 25 years and is supportive of the lot split and development. Glenn Kessel, 21095 Radisson Road, complimented the developer on the development of this site. Mr. Kessel raised a question regarding the drainage of storm water. Mr. Peterson stated that a portion of the water would slope down the peak of the hill towards the lake and that the rest would run down the road and into the pond. Mr. Peterson explained that there would be a sediment filter on the drainage pipe to purify the water before dumping into the lake. Mr. Kessel asked if the pond will handle a 100 year rain. Mr. Peterson stated that the pond would be large enough for that to gain approval from the watershed district. Mr. Peterson explained that the grade of the proposed road will be lowered to correct the current wash out problems. Mr. Kessel . PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 3 . asked if Mr. Waters would be the developer and designer of homes on the new lots. Mr. Waters stated that this would be a contingency for these lots. Jim Bruce, 5755 Merry Lane, pointed out his lot to the Commission and stated how his lot reconfiguration would benefit him. Mr. Bruce stated that Mr. Waters has been very sensitive to the current owners and is pleased with the proposed development. Dennis Jabs, 20915 Radisson Road, questioned the maintenance of the holding pond. Mr. Brown stated this issue will be addressed in greater detail with the final plat. He explained that the homeowner's association could take on the maintenance of this pond. Mr. Brown reported that Staff would make a recommendation and that the City Council would decide who maintains the pond, with final plat approval. Mr. Waters stated that he would like to see the homeowners association take care of the maintenance. Mr. Jabs asked how the pond would be emptied into the lake. Mr. Peterson stated that it will follow an existing pipeline. Mr. Jabs questioned the number of docks that would be allowed on these lots and their length. Chair Borkon stated that this issue would be monitored by the DNR. Ms. Bernice Brooks, 21195 Radisson Road, asked if the new road for this development would be public or private. Mr. Peterson stated that it would be a public road. Mr. Whitney Johnson, 5780 Christmas Lake Rd, asked for clarification on the number of new lots in this development. Mr. Peterson stated that there would be five new lots and one lot . reconfiguration. Ms. Sherry Davis, 21125 Radisson Rd, stated that Mr. Waters has built two house for her in the past and that she was very pleased with his work. Hearing no further public testimony, Collins moved, Bailey seconded closing the public hearing at 8:10 p.m. Motion passed 4/0. Chair Borkon stated that all letters received prior to tonight's meeting are being taken into consideration along with the public's testimony. She then commented on the maintenance of the NURP pond and asked about enforcement issues. Mr. Brown stated that the watershed has control on the enforcement and would check the pond on a yearly basis. Any corrective action necessary would be the responsibility of the homeowner's association. Chair Borkon asked if the retention pond could be moved to another site on this plat. Mr. Peterson stated that the current location is the best place for the pond because it is the lowest point on this site. He explained that at its current placement would screen out Highway 7 with a berm. Chair Borkon questioned the height of the berm. Mr. Peterson stated that it is currently at four to five feet, but that it will be determined with final plat. He claimed that he would like to have it up to six or seven feet high for final grading. . . . . PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 4 Chair Borkon asked a further question in regard to dock regulations. Neilsen explained that docks cannot be built on a lot without a dwelling on site. The LMCWD rules apply to these docks and limit lots to only one dock. Neilsen stated that the docks must be located at least ten feet from the lot lines extended out over the water. He added that for Lots 5 and 6 there is questions regarding their length and placement due to the narrow waterway. He stated that there could be a contingency to shorten these docks and have them placed away from the dam. Chair Borkon questioned the awkward alignment of Merry Lane. Commissioner Bailey asked if Mr. Brown had experience with this design before. Mr. Brown stated that this was a difficult alignment and that there is not a way to avoid boat traffic altogether. He stated that heavy signage will be necessary to keep this intersection flowing. Commissioner Callies asked if there was another way to separate the boat access and residential traffic by splitting the road in two. Neilsen stated that this would not be an option without acquiring residential land. Chair Borkon asked Mr. Jabs the number of boats that use the public boat access. Mr. Jabs stated it could be up to 3,500 boat visits per season (May to September). Chair Borkon asked at what times the lake is monitored. Mr. Jabs stated that it was monitored from 6:00 a.m. to 10:00 p.m., and could fluctuate due to losing daylight hours. Jeff Ault, 17010 Minnetonka Avenue, access monitor, stated that he receives about 25 boats on weekdays and 35 to 40 on the weekends. Commissioner Collins stated that the traffic situation will continue to be an issue but that the proposed intersection by Staff is the best solution. Neilsen stated that through effective signage the flow could be improved at the boat launch. He explained that the City wants a distinct difference between the boat launch and residential land. Commissioner Callies asked the applicant why the Anderson's have not been included in these plans. Mr. Peterson stated that there property is not being modified in any way through this subdivision. Callies maintained that there will be an easement for their driveway and ponding issues in the future, for these reasons they should be included. Commissioner Bailey questioned the tree preservation for this subdivision and stated that it was extremely vague. Neilsen explained that this is because the development of the grading plans need to be finalized and approved by City Council before the tree preservation can be more specific. He stated that an updated preservation list will be provided at a later time. Chair Borkon asked for the number of square feet each house would be. Mr. Waters stated that he has a general notion that they will be bctvvccn 2,200 and 3,400 square feet 2000+ square feet footprints. Chair Borkon questioned if Waters would be doing all the development and construction. Mr. Waters explained that this would be a contingency for each property and that he would develop each lot from start to finish. PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 5 . Commissioner Collins asked if Merry Lane could shift over to give Mr. Lehman enough land to create his own landscaping berm. Neilsen stated that the road will remain on its existing path and that it will only be widened to stay with City code. Collins moved, Bailey seconded approving the subdivision of approximately 6.86 acres of land located in the southeast quadrant of Christmas Lake Road and State Highway 7 into five residential lots and one outlot with additional language to be included regarding dock size and/or length and that the developer provide documentation of the driveway easement by final plat approval, subject to the City Engineer's review, comments and subject to Staff recommendations. Motion passed 4/0. Nielsen explained this matter will come before the City Council for their reVIew and consideration on Monday, July 27, 1998. Chair Borkon called for a recess at 8:55. The meeting was reconvened at 9:02 p.m. 2. 7:15 P.M. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION Applicant: Location: Doug Kurkowski 27200 West 62nd Street Doug and Jill Kurkowski were in attendance regarding their case. Chair Borkon reviewed the . city procedures for the public hearing. Planning Director Neilsen stated that Mr. Kurkowski recently purchased this site and is looking to start a home occupation at this site selling head sets with one and one-half employees not living at this site. The property is zoned R-IA and contains 3 acres surrounded by single family homes. The applicants request meets this requirements of the City with one exception. Neilsen stated that the aspect of employment is a concern. The City allows for only one employee, not living on the site, to work in the business. The applicant has one full time and one part-time employee at this time. Mr. Doug Kurkowski, 27200 West 62nd Street, stated that this business is for both him and his wife. He explained that his traffic flow is minimized by having UPS deliver once a day. Mr. Kurkowski stated that the part-time employee is wife's father, and that he works only several hours a day on shipping. Chair Borkon opened the public hearing at 9:07 p.m. Mr. Gary Anderson, 26940 West 62nd Street, stated that he has three daughters and is concerned about non-residential traffic flow on this street. He commented that as the business prospers it will steadily be increasing the flow of traffic and number of delivery trucks into the neighborhood. . PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 6 . Mr. Mike Kerber, 26960 West 62nd Street, voiced his concern about the traffic flow, as well. Mr. Kerber stated that there is remodeling taking place at this site to accommodate this business. Neilsen stated that the work that is being done and is permitable, and that the applicant did receive a building permit for this. Mr. Kerber questioned what the hours of operation were for this business. Mr. Kurkowski stated that the hours of operation were from 8:30 a.m. to 5:00 p.m. Monday through Friday. Mr. Kerber questioned the direct rights of the residents in this neighborhood in relation to the home business. Neilsen stated that there is a one year review and where the residents may voice concerns at that time. Neilsen explained that if there was any violation of City regulations that there are grounds for revocation of the permit immediately. Mr. John Rainey, West 62nd Street, stated he is concerned about the traffic flow and about the number of shifts and days the home business would be working. Neilsen clarified the hours and days of operation. Hearing no further public testimony, Bailey moved, Callies seconded closing the public hearing at 9:22 p.m. Motion passed 4/0. Commissioner Bailey asked if the Commission could set a limit to the number of deliveries per day. Neilsen stated that this could be done but there would be difficulty in monitoring this but that the Commission could recommend a limited number of trips. Commissioner Callies questioned the definition of "one employee" as found in the City's . ordinance. Neilsen stated the City defines this to mean one employee, period. Commissioner Collins asked the applicant where the business was presently operating. Mr. Kurkowski stated that they are currently working in Minnetonka. Collins suggested that the applicant have one employee work at his own home and do the telemarketing, to avoid the employee concerns. Chair Borkon stated that the employee issue for this permit is a concern, along with the traffic issue for this neighborhood. Council Liaison O'Neill stated that setting a limitation regarding the number of deliveries should be included in the motion for approval. Collins moved, Bailey seconded to deny a Conditional Use Permit for a Special Home Occupation Permit with 11/2 employees for Doug Kurkowski, 27200 West 62nd Street for discussion. Chair Borkon asked if the applicant needed to reapply for the conditional use permit if the Planning Commission denied the case as presented. Neilsen stated that this was not necessary if a motion was restated to amend the permit. Hearing no further discussion there was a roll call vote. Motion passed 4/0. . Callies moved, Bailey seconded to approve a Conditional Use Permit for a Special Home Occupation Permit for Doug Kurkowski, 27200 West 62nd Street with one employee and . . . PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 7 with the applicants attempting to avoid excessive traffic and deliveries, subject to staff recommendations. Motion passed 3/1. (Collins was the opposing vote). Nielsen explained this matter will come before the City Council for their reVIew and consideration on Monday, July 27, 1998. 3. MATTERS FROM THE FLOOR Mr. John Rabies, 26960 West 62nd Street, questioned why West 62nd Street has no "dead-end" sign. Neilsen stated that this will be changed and that a "no outlet" sign could be placed on this street. 4. REPORTS Neilsen stated that the Land Conservation Committee has been meeting every other Monday morning. He explained that this group is to make recommendations for some amendments to the Comp Plan. As a goal for this group they would like to acquire land for open space within the City. He stated that they are proposing 100 acres as their goal. Any recommendations will be forwarded to the Planning Commission, along with their minutes. 5. ADJOURNMENT Collins moved, Callies seconded adjourning the meeting at 9:49 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Heidi Wirth Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and stIikcotlts for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY , JULY 21, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Bailey moved, Anderson seconded nominating Collins as Chair Pro Tem. Motion passed 3/0. Chair Pro Tern Collins called the meeting to order at 7:05 p.m. ROLL CALL Present: Chair Pro Tern Collins; Commissioners Anderson and Bailey; Council Liaison O'Neill; Planning Director Nielsen Absent: Chair Borkon and Vice-Chair Callies APPROVAL OF MINUTES Planning Commission Minutes - July 7, 1998 Bailey moved, Anderson seconded approving the Planning Commission Minutes of July 7, 1998, as amended on Page 4, Paragraph 8, Sentence 2, to read "that they will be 2,000+ square feet blue prints" and NERF ponds to be correctly spelled NURP ponds. The motion passed 3/0. Nielsen stated that the draft ordinance for the Home Occupation Regulations was not completed and would have to be discussed at a later date. Anderson moved, Bailey seconded amending the agenda to delete Item #2, Draft Ordinance Amendment - Home Occupation Regulations, from the Study Session discussion. The motion passed 3/0. STUDY SESSION 1. COMPREHENSIVE PLAN - TRANSPORTATION CHAPTER Planning Director Nielsen reviewed the changes Council made to the Transportation Chapter of the Comprehensive Plan with the Commission. Anderson questioned the age of the transportation plan. Nielsen stated that this is a long lived plan that can be reviewed and amended every five years, as needed. He explained that once this is approved it is routed to the Met Council and neighboring communities for compliance with their recommendations. . . . PLANNING COMMISSION WORK SESSION MINUTES JULY 21,1998 - PAGE 2 TR-3 Anderson stated that additional language needs to be included in Item No.3 stating that the City should utilize all resources available versus economical transportation. Anderson explained that in Item No.5 he would like it to read that the City will coordinate with Hennepin County, the Met Council, and MnDOT for future plans. Nielsen was advised to draft language for these reVISIons. TR-6 Bailey questioned the road width for emergency vehicles. He stated that there needs to be recommendations on these widths throughout the plan. Nielsen stated that this is an issue and when resurfacing is being done that road widths are brought up to code. Nielsen explained that in TR -17 at the top of the page, the standards for private roads state that there is a minimum of 20 feet for emergency vehicles. Nielsen stated that the fire department does review any new development for their feedback. O'Neill suggested that Bailey study the various roadway widths in the City and present a proposal to the Council with roads that are concerns for the City. TR-8 With respect to Item No. 11, Bailey asked that the language, may be optional, be changed to "shall be optional". He is concerned about the effectiveness of the statement for the City. Nielsen stated that this was a change made by Council based on the citizens input at this point in time. O'Neill stated that the Council would like to minimize the use of curb and gutters for new developments and to explore runoff and ditching options. Nielsen indicated that any future decisions will be contingent upon reports and recommendations from the City Engineer. Collins stated that there is an aesthetic appeal to the streets without curb and gutter and that the City does not want to appear extremely urbanized. Bailey noted that there was a type-o on Item No. 4 III that it should read, with proper signalization. TR-9 Bailey questioned the meaning of organized waste collection for the City in Item No. 14. Nielsen stated that Shorewood is considering this and that the City Manager has referred this issue to a graduate class at Hamline. Nielsen stated that there are a number of options for the City. The City could institute a policy to mandate smaller trucks or limit the number of carriers to the City. He explained that these options would be more cost effective and would make for less wear and tear on the roadways. O'Neill stated that the Council strongly encourages this and needs to encourage the citizens take part in this. . . . PLANNING COMMISSION WORK SESSION MINUTES JULY 21,1998 - PAGE 3 TR-17 Anderson questioned the roadway and easement widths. He asked if there should be modifications in this area. Nielsen stated that the numbers included are recommended standards that would be used for revising the subdivision ordinance. Nielsen stated the cul-de-sac length could be changed to 750 feet in the future. Nielsen stated that for future new development in the City that these numbers set a foundation and for older developments they set standards. TR-19 Nielsen stated that the last sentence on this page should be an addition and not a deletion to this paragraph. Nielsen explained that a traffic study would be done this fall at the junction of Country Club, Yellowstone and Lake Linden Roads. The City is interested in learning the long term effects of the change at this intersection. A plan will be added to the transportation report once completed. TR-31 Anderson asked if data could be provided on the number of Shorewood residents that use the MCTa transit system. Nielsen stated that the City is looking into this to gain information on its use. Collins stated that there is concern in regard to the amount of bicycle traffic on the foot trails. He stated that this needs to be monitored by the City. Many cyclists are not observing the traffic signs and do not signal their turns. Collins encouraged the Council to post City rules and regulations on bike paths. He stated that numerous bikes are not licensed and that if trails are considered further in the City that the behavior of bicyclists needs to be improved. He explained that with the strong snowmobile supervision by the City, there should be something done for bike regulations, as well. Anderson suggested that this concern also be forwarded to the Park Commission and Council. 2. MA TTERS FROM THE FLOOR - None 3. REPORTS Nielsen addressed the Commission on a letter he received from Howard's Point Marina. He explained that there is a concern with the ordinance for marina-type businesses. The current business in operation is a non-conforming use in accordance with City code. Nielsen stated that the ordinance needs to be reviewed by the Commission and amended. The letter asks that the Commission place this issue on their work plan because the applicant would like to purchase an adjoining parcel of land and is unable to do so at the present time. Nielsen suggested that the Commission discuss their work plan at the next Planning Commission meeting. The Commission agreed to place this in the work plan and discuss this item in greater detail at a future meeting. Staff was advised to respond to the applicant and tell them that their item will be placed on the Commission's work plan. . . . PLANNING COMMISSION WORK SESSION MINUTES JULY 21,1998 - PAGE 4 O'Neill asked when the Planning Commission would have a representative present at the City Council meetings. He encouraged the Commission to set up a schedule for this duty. Collins stated that he would represent the Commission at the City Council meeting on July 27, 1998. The Commission stated they would create a schedule at their August 4th meeting with all members present. 4. ADJOURNMENT Anderson moved, Bailey seconded adjourning the meeting for discussion. Collins advised Staff to look into purchasing a new pointer and projector for the Council chambers. Meeting adjourned at 8:49 p.m. Motion passed 3/0. RESPECTFULLY SUBMITTED, Heidi Wirth Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 4, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:04 p.m. ROLL CALL Present: Chair: Borkon; Commissioners Anderson, Bailey, Callies and Collins. Planning Director Nielsen; Attorney Daniel Greensweig. Absent: Council Liaison O'Neill. APPROVAL OF MINUTES Planning Commission Minutes - July 21,1998 Bailey moved, Collins seconded approving the Planning Commission Minutes of July 21, 1998, as amended on Page 1 under Approval of Minutes to read "2000+ square foot prints." The motion passed 3/0. (Callies and Borkon abstained). 1. 7:00 P.M. PUBLIC HEARING - ZONING CODE AMENDMENT TO INCLUDE REGULATIONS FOR ADULT USE ESTABLISHMENTS Planning Director Nielsen introduced Mr. Dan Greensweig as being the attorney that has helped the City with the adult use ordinance. Nielsen explained that the proposed ordinance would make adult uses a permitted use in the C-3 zoning districts. The licensing and zoning restrictions within the ordinance will set the regulations within the City. Nielsen reviewed with the Commission the various C-3 zoning districts in the City and stated that due to distance restrictions in this ordinance several sites are eliminated from becoming adult use establishments. Chair Borkon asked what the City is obligated to provide for this use. Mr. Greensweig stated that the City must provide a reasonable amount of area in which an adult use can be located under the first amendment. He explained that the reasonable area is a gray area due to the City's size and population. Nielsen stated that given Shorewood's make up, the commercial district is only 5% of the land area. Bailey asked if applicants for this use could challenge the percentage of land area or minimum of space provided and distance restrictions. Mr. Greensweig stated that this is arguable but that the City's restrictions are standard. Mr. Greensweig informed the Commission that the ordinance would not control the use but rather set restrictions on their location. Nielsen explained that due to the 200 feet setback restrictions many of the sites in the City are unbuildable but that the City does attempt to provide for development in the City while protecting . PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 2 the surrounding residential areas. Nielsen informed the Commission that the Council had reviewed the ordinance and are waiting for a recommendation from the Planning Commission. Chair Borkon opened the public hearing at 7 :24 p.m. Hearing no further public testimony, Callies moved, Collins seconded closing the public hearing at 7 :25 p.m. Motion passed 5/0. Anderson asked if the notification request process was entered into this ordinance. Nielsen stated that this was not placed in this ordinance but could be placed in the ordinance if the Commission concurs. Callies stated that the notice procedure could be made a policy by Staff and need not be included in the ordinance. Mr. Greensweig stated that as a policy this procedure could create problems for the City due to the lack of flexibility involved in this ordinance. Bailey stated that the hearing process could backfire on the City and could give residents the wrong impression. Callies stated that this is making the City go above and beyond normal procedures and that it could leave room for error. Anderson stated that as a property owner he would want to be notified if an adult use was coming into his neighborhood. Collins stated that providing this hearing could provide for legal setbacks . in time due to public comments. Bailey moved, Callies seconded denying the public notification process as part of the Adult Use Ordinance of the Comprehensive Plan. Motion passed 4/1. (Anderson opposed). Collins moved, Bailey seconded approving the zoning code amendment to include Adult Use Establishment Ordinance as presented. Motion passed 5/0. On behalf of the Commission, Collins thanked Mr. Greensweig for his work on this issue 2. SIMPLE SUBDIVISION Applicant: Location: Tom and Karen Londo 22695 Murray Street Planning Director Nielsen informed the Commission on the background of this case. He described the property of the proposed division as being almost 4 acres in size. Nielsen explained that the subdivision does not result in the removal in any trees due to the fact the lot has access to an existing roadway. He stated that tree preservation is an issue for this lot, and is considered in the conditions for approval. Nielsen recommends approval of the simple subdivision with conditions. Chair Borkon asked if the tree preservation concerns needed to be stated in the motion. Nielsen . suggested that this be included in the conditions for approval. Bailey asked if the applicant is aware . PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 3 of the conservation program in the City. Nielsen stated that this is not an option due to the fact that they will be moving. Collins stated that he opposed the standard addition of right-of-way. He explained that the 50 foot right-of-way is not necessary. Nielsen stated that this policy of right-of-way requirement is a City- wide policy and that when property is subdivided the City does have the right to acquire this land without having to purchase it. Nielsen stated that acquiring right-of-way is a wise decision for the City because if saves financing for the City in the long run. Chair Borkon asked how serious the City would be about revising the 17 foot right-of-way easement. Nielsen stated that the Met Council would like this amount to be less, allowing for greater density, but that the City feels this is in their best interest to maintain the 17 feet and to capture the land when subdivisions are proposed. He went on to state that in Minnesota, the right-of-way is needed for the installation of City utilities and snow storage. Collins stated that public snow is not an issue due to the fact that this can be easily solved by making public snow, private snow. Collins stated that the creation of wide right-of-ways takes away from the ambiance of the narrow City streets. Anderson moved, Callies seconded approving the simple subdivision at 22695 Murray Street for Tom and Karen Londo subject to comments and Staff recommendations. The motion . passed 5/0. Nielsen explained this matter will come before the City Council for their review and consideration on Monday, August 24, 1998. 3. DISCUSS FUTURE MEETING DATES. WORK PROGRAM AND CITY COUNCIL REPRESENTATION MEETING SCHEDULE Nielsen stated that several Planning Commission meeting dates need to be rescheduled due to various conflicts. Due to his absence at the August 18, 1998 work session meeting, the Commission agreed to hold the Work Session meeting on August 12, 1998. Consensus was reached between the Commission to move all meetings that fall on holidays or primaries, to the Wednesday following. The Commission then clarified that the September 15, 1998 meeting would be changed to September 16, 1998 and the November 3, 1998 meeting would be held on November 4, 1998. WORK PROGRAM Nielsen reviewed the tentative work schedule for study session meetings with the Commission. He stated that in August the Commission would attempt to finish the Transportation Chapter of the ordinance, start the Community Facilities chapter, and begin the Lakeshore Recreational District Study for Howard's Point Marina. These issues could be continued to the September meeting, if needed. It was noted that Howard's Point Marina would like to become a conforming use in the City . and by amending the Lakeshore Recreational District ordinance this could happen. . . . PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 4 Nielsen stated that for September, the Commission should be finishing the Community Facilities chapter, a draft amendment to the LR district and start in on the Housing Plan inventory section. He explained that this would include reviewing the background data and scheduling a public hearing. He stated the Commission also needs to adopt a telecommunications ordinance. Nielsen stated that for October, the Commission would continue with the Housing Plan, including the senior housing section, and propose a public hearing on the Lakeshore Recreational District amendment. It was noted that in November the Commission would attempt to finish the Housing Plan, including the senior housing section. Nielsen explained that after approval of this section the Comprehensive Plan would be completed and would be ready for Met Council's review. December would bring about a final draft of the Comprehensive Plan to City Council for formal adoption. The City would not be approving the plan at that time, due to the fact the City would need to gain neighborhood input on the plan. REPRESENTATION TO THE CITY COUNCIL: The Commission held a discussion on representation to the City Council meetings. It was decided that Collins would represent the Commission at the August 10th meeting and Callies would be present at the August 24th meeting. Chair Borkon stated that she would go to the September 14th and 28th meetings. Anderson volunteered to be represent the Commission at the October 12th and 26th meetings. Bailey stated that he could be at the November 9th and December 14th meetings. Callies explained that she could be present at the November 23rd meeting and Collins would take the December 28th meeting. Nielsen encouraged the members to prepare a brief summary for the Council meetings and to discuss issues with them that came out of the Planning Commission meeting. 4. MA TTERS FROM TO THE FLOOR - None. 5. REPORTS Chair Borkon asked if a vicinity map could be enclosed in the meeting packet for each case. Commission concurred on this issue. Nielsen stated that Staff will be advised to include this for future meetings. Nielsen handed out the land conservation committee work to the Commission for their review. He stated that this was for their information and did not need any action taken. Nielsen briefly explained the land conservation program to the Commission and the tax implications involved for applicants. Chair Borkon asked Nielsen about the Fair Housing Seminar on September 18, 1998. Nielsen stated that if anyone was interested in attending this seminar that the City would send in the registration with a check. . . . PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 5 6. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting. Meeting adjourned at 8:40 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Heidi Wirth Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and strikcotlts for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 1, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:04 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson, Bailey, Collins and Callies; Planning Director Nielsen, Council Liaison O'Neill APPROVAL OF MINUTES Planning Commission Minutes - August 4, 1998 Bailey moved, Anderson seconded approving the Planning Commission Minutes of August 4, 1998 as amended on Page 2, Paragraph 5, Sentence 2, insert word "legal" to read: "Collins stated that providing this hearing could provide for legal setbacks in time due to public comments." Motion passed 5/0. Callies requested a change in the order of business as presented on the agenda to discuss item #1, then #2, then #4, then #3 last. She stated she would abstain from item #3 due to a conflict of interest with her legal firm. Chair Borkon suggested discussing the issue of Howards Point Marina as item #3 and discussing the City Acquisition of Property as item #4 with Callies abstaining. The Study Session as listed on the agenda will be moved to the next meeting. Bailey moved, Anderson seconded amending the agenda as proposed. Motion passed 5/0. 1. PUBLIC HEARING - C.U.P. FOR A SPECIAL HOME OCCUPATION Applicant: Location: Jeffrey Hatcher 5935 Galpin Lake Road. Mr. Hatcher was present. Nielsen reviewed the public hearing process with the public regarding this issue. It was noted that this issue would come before the Council on September 29, 1998. Nielsen explained that the property contains about 1 acre and is in a single family residential zoning district. He is a writer and would like to conduct business on his home site in an accessory building, the carriage house. Nielsen pointed out on the map where the business would be located on the site. Since the business would be conducted in an accessory building, it therefore requires a hearing. Mr. Hatcher completed the required questionnaire and does meet all requirements for special home occupation permit. The staff report recommends approval of C.U.P as presented. Mr. Hatcher had no further comments. . . . PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 2 Chair Borkon opened the public hearing at 7: 12 p.m. Greg Broling, 5050 Greenwood Circle, Greenwood, stated that his corporation owns property south of the property in discussion. His concern was about the possibility of other people working on the premise for Mr. Hatcher. Mr. Hatcher's business is only 5 feet from Mr. Broling's property line. Mr. Broling stated that another concern was if the property was sold at a future point and if there was an office already there, it could be used by the next owners and become noisy. Chair Borkon closed the public hearing at 7: 14 p.m. Chair Borkon explained that with the Conditional Use Permit, only one employee is allowed to work full time on the premises. She also explained that the term Conditional Use Permit means it would not get passed on to new owners as far as the business set up. The property would be sold as a single family unit and the new owners would need to apply for C.U.P. if that's what they wanted. Mr. Hatcher confirmed he has no employees and has no clients, per se. Bailey posed the question that Mr. Hatcher says he has no employees now, but if he wants one, must he reapply for the permit. Nielsen explained that Mr. Hatcher would have to reapply for a revision on his C.U.P. Nielsen stated that the C.U.P. will need to be reviewed in one year. Collins moved, Callies seconded approving a Conditional Use Permit for Mr. Hatcher with the stipulation that if he wants to employ one person, he will return to the City to reapply. Motion passed 5/0. 2. 7:10 p.m. PUBLIC HEARING - ZONING CODE AMENDMENT REGARDING REGULATIONS FOR HOME OCCUPATIONS Nielsen stated that the Planning Commission was directed by the City Council to review the current rules and how they pertain to home occupations in the City of Shorewood. There are two classifications. The Limited Home Occupation is for limited business. It must comply with general requirements; have only residents employed; be conducted within the principle dwelling; have no more than one client or pupil at a time; use only equipment customarily found in homes; and if it meets requirements, it is issued an administrative permit (elimination of permit proposed). Nielsen stated that Special Home Occupations have the potential to be more problematic. They must comply with general requirements; only one person outside the home can work on premises; business may be conducted within an accessory building; the business may serve more than one client or pupil at a time; the business may use equipment not customarily found in homes; subject to conditional use permit process, which involves a public hearing. The City Council must approve on a 4/5 vote. .. PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 3 . Nielsen stated that the Planning Commission reviewed the ordinance and recommended that the City Council not change the conditions for the Special Home Occupation permit. The change requested for the Limited Home Occupation is to drop the requirement of applying for a permit. Many people conduct business and aren't aware that they need a permit. Nielsen reviewed the draft language for home occupation permits. He explained that if businesses were violating rules, then they would need to apply for a permit. Whether they have a permit or not, they must still meet general requirements. He stated that he would like to put the general requirements in the newsletter for all residents to see. Chair Borkon questioned the last sentence in the first paragraph and suggested the words" rather than through a legislative hearing process" be removed. She also mentioned that the next paragraph should be deleted since page 3 lists the general provisions. Nielsen stated he put that phrase in to distinguish between special home occupation. Chair Borkon opened the discussion up to public testimony at 7:32 p.m. Laura Turgeon, 24670 Amlee Road, questioned whether there would be any restrictions to specify which certain occupations would be permitted. Nielsen explained that there is a list of standards, but not specific lists of what occupations are allowed. Examples are included in the draft amendment. A chiropractor would not need to apply for a Limited Home Occupation, but would need to apply for a Special Home Occupation. . Chris Lizee, 27055 Smith Town Road, questioned a previous case of a chiropractor's business and whether it would need a permit with the proposed changes. She stated that with a permit the chiropractor was required to have an inspection and asked if they would need one now. She also questioned whether the State Department of Health requires a permit for that kind of a business. Nielsen explained that when the state issues a license, they take care of the health considerations. Only businesses involved with alcohol or ATF are required to show permits to outside agencies. Public testimony was closed 7:47 p.m. Bailey commented that this is a sensible change in the law and would endorse it. Chair Borkon questioned what the original intent of a permit was on this. Nielsen explained that it was to require any type of home occupation to have some sort of a permit that's easy to get with limited administrative hassle and limited government intrusion, and to have people be aware of compliance regulations. Residents sometimes expect that a permit may be required and call to inquire about it. Callies agreed with the change. She stated that she thought publicizing was the key and this information should be included in the information for new residents. Callies raised a question on the draft on page 4, paragraph 2c, last sentence, "None of the above shall service more than one person at a given time" . Nielsen clarified this to mean no more than one person in the house at one time. Callies requested the wording be changed to read, ". . . one person in the home at a . given time". . . . PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 4 Anderson stated he agrees with the changes and added that he thought the old system was intrusive. Chair Borkon questioned the wording on page 1, paragraph 1 of the draft and suggested the phrase" rather than through a legislative hearing process" be deleted. The Planning Commission members agreed to change the draft to leave off this phrase. Bailey moved, Anderson seconded to approve the draft of Home Occupations with changes as stated above. Motion passed 5/0. 3. DISCUSS EXPANSION OF HOWARDS POINT MARINA - STUDY SESSION Nielsen stated that the Comprehensive Plan is currently being reviewed. One issue in the Land Use Section addresses lake shore recreational uses. There are 3 marines in town and they exist as a non-conforming use in residential zoning districts. He stated that we need to bring the marinas in compliance with city standards. He explained that the issues to be addressed are to make them conforming in residential districts. He explained that the Comprehensive Plan suggests the Planning Commission take a look at the ordinance to see why properties cannot be in compliance or eliminate that section of the ordinance and leave marinas as they exist. Howards Point Marina is interested in acquiring land north of them, but are currently unable due to the current ordinance. They sent a letter to the city requesting this issue be moved up on the agenda. In the letter, Mr. Brecke has highlighted the sections of the ordinance that he feels need revision in order to make it possible for the marina to comply with the city's code. Nielsen posed the question of what level of nonconformity is the city willing to live with. One of the issues is that Howards Point has a single family dwelling on the land, which is not a permitted use in LR district. He also pointed out the question of will there be a program to gradually eliminate the house in order to comply, or will the ordinance be changed to include single family residential. He explained that LMCD's primary concern is how the water is used and that Shorewood's concern is how the land is used. Chair Borkon opened up to public discussion. Jerry Brecke, 27450 Pine Bend Road, was present as a board member of the Marina. He explained that the marina is under a unique ordinance. He stated that in the past in order to add slips, the marina would take out a barrier to make room. He said that they don't want to go through a hearing every time changes need to be made, but now they have outgrown their boundaries. He reviewed the letter he compiled and the proposed changes. Mr. Brecke stated that the marina has not signed a purchase agreement yet. He explained that the seller asked if the marina wanted to buy the land. It is lakeshore property, however, there is no room for more slips. The space may be used for extra parking in the future. The land has a single family home on it and is intended to remain there. Chair Borkon asked the Planning Director to verify that only discussion is requested on this topic and he confirmed. He clarified that the Council asked the Planning Commission to look at each provision and see if it can be made to comply with the ordinance at another study session. PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 5 . David Polley, 27635 Island View Road, confirmed he had no further comments on this issue. Nielsen stated that this issue will be studied at the September 16 meeting, and move the Comprehensive Plan Study Session to the first meeting in October. 4. CITY ACOUISITION OF PROPERTY AT 25720 STATE HIGHWAY 7 Callies excused herself due to her law firm representing a matter that is potentially affected by this situation. Nielsen reviewed the background on this acquisition. The City Council has asked the Planning Commission to review this property acquisition and comment on its consistency with the Comprehensive Plan, and provide feedback to the Council. The Council will review this issue at their September 14 meeting. He explained that the city has been approached by Mr. and Mrs. Wagner to sell their single family residential property to the city. The city attorney said the Planning Commission should not concern themselves with the fact that it is part of a law suit and they should treat it as any acquisition. The Planning Commission is to consider what the potential uses would be. One of the most difficult issues in developing a site is its access. Chair Borkon requested that the Planning Director outline where this does not align with the Comprehensive Plan. It was noted that parks would be one and she would like to approach this . issue in that manner. Nielsen confirmed that parks is the most specific discrepancy. Chair Borkon opened the issue for discussion among the Planning Commission and stated if public comments were available they may add to the discussion. Bill Colopoulos, 26215 Shorewood Oaks Drive, stated that Little league baseball is very interested in this property and there is a funding possibility from sporting organizations. He suggests a very detailed analysis be made if this purchase is made, which could take longer than time allows. Chair Borkon questioned if there would be language integrated into the Comprehensive Plan regarding acquisition of land for specific purposes. She also questioned if this land is used for park property, will the issue of traffic arise. Nielsen explained that the Comprehensive Plan specifically talks about changing the southerly access and thereby alleviating traffic problems. He also stated that there has been language drafted regarding the preservation of open space. The report from the Land Conservation Committee may be more specific. Bailey questioned whether the Comprehensive Plan prohibits acquisition of more park land. Nielsen agreed it is soft language in the Comprehensive Plan and this is a discrepancy with the Plan. . Anderson questioned if there is a long term plan for Freeman Park by the Park Commission. Mr. Colopoulos confirmed that the Park Commission does have a couple of plans under review, but the only plan for major reconfiguring of parks is in Freeman Park. He has heard complaints that PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 6 . parking is inadequate. He stated that the Park Commission has not explored acquiring more land. Anderson stated that he is aware that the entrance off of Highway 7 is dangerous and asked if the Park Commission has explored changing that entrance. Council Liaison O'Neill stated that MnDOT is in favor of this change. Chair Borkon posed the question that if this property were acquired, would it have to be for parks. Council Liaison O'Neill replied it wouldn't have to be, although this is an option. She stated that she has a concern about all of the areas being covered in the Comprehensive Plan and continued that she thinks there are a lot of reasons to acquire this land--one could be for senior housing or selling to a developer. Scott Zerby, 5680 Christopher Road, questioned for what reason the land is becoming acquired. It was noted that it was becoming a for-profit acquisition. Mr. Zerby asked if there was some way to bring it before the citizens. Council Liaison O'Neill stated that these questions were addressed at the last Council meeting and that the Council's attorneys advised against purchasing with the idea of reselling for a profit. Mr. Zerby clarified that on the map it showed 7 lots and questioned who would develop those lots. Nielsen replied that this could be a possibility if someone other than the city purchased the land. Discussion took place around budgetary issues and expenditures. . Nielsen stated that Eagle Crest had a purchase agreement on the property but hasn't performed on it and it is past the original terms of purchase. He reiterated that the Commission is not to concern themselves with this legal issue. Bud Cook, Galpin Lake Road, stated he has several concerns on the acquisition of this property. He is concerned about the possibility that Eagle Crest wins the law suit and the legal entanglement. He stated that legal issues cannot be kept separate from purchasing because of this issue and that taxes may be too high. He explained that we may spend $237,000 for land and it's coming from the residents' taxes. Another concern Mr. Cook stated is about dividing the property into seven lots. He reiterated that Shorewood would only receive $3,700 in taxes, but what is the impact on the school district. School taxes seem to be three times of what we pay in city taxes. He brought up the question of traffic, stating that when Eagle Crest was involved, traffic would be rerouted out to Eureka; where would this traffic go with the city acquiring the land. Chair Borkon clarified that if Eagle Crest did win the law suit to own the property and we would have already purchased this property, there wouldn't be a problem. Nielsen clarified that the schools would receive $15,320 plus more children to put in the district. . Laura Turgeon, 24670 Amlee Rd, stated she is not against acquiring the property, but the problem is with the timing. If we're going to do this, it should be supported by organized sports leagues. She also pointed out that there are some inconsistencies with the Comprehensive Plan. She further stated that we have a moratorium on PCS and we must recreate the policy stating if PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 7 . we can put a tower in residential areas. She questioned where the $237,000 is coming from. She stated concern about the city getting ahead of itself on this issue. Mr. Colopoulos voiced concerns on the telecommunications tower and whether it is mandated by the FCC. He concluded by stating that the citizens would not agree with building a tower in their neighborhood. Nielsen mentioned the open space option, that the City is considering buying the property and selling part of it to build a single family home. This is one option offered by the Land Conservation Committee. Chair Borkon reiterated the question of what do we need to do to the Comprehensive Plan to make this acquisition fit in it. She confirmed she has trouble believing it is a separate issue from the legal issue. She stated that she thinks this can work if several places are changed in the Comprehensive Plan's language. Chris Lizee, 27055 Smithtown Rd, questioned if copies of the documents can be made available to the public. She questioned the meaning of actively seeking or acquiring wetland. Nielsen explained that the city has done that through the subdivision process in most cases. Mrs. Lizee also expressed concern on financial issues, funding, and cash flow. She also remarked that the letter from Mark Kelly, attorney, stated the property is subject to an existing agreement and that the city should be more concerned about the existing agreement. . Bailey voiced his opinion that the timing is not the best. He thought it would be better if a couple things were in order, although, opportune investments are sometimes necessary. City's sometimes have to take action on things in a strange order. He doesn't find it to be an inappropriate investment to the city. He stated that he thinks the Comprehensive Plan is consistent especially with the changes already made to the land use. This purchase shouldn't be hinged on the telecommunications tower, but it will be a viable site for it. Anderson stated that he thinks it is a good opportunity for the city to purchase the property. He further stated that the city should work with parks and nonprofit organizations and exercise any options there. The intent is to increase the park and the facilities there. He explained that he is in favor of fee oriented services. He thought the park users should be the ones to ask to acquire more land. He concluded by saying it is an opportunity that should be looked into, although the timing is never good, and he thinks we are in line with Comprehensive Plan. Collins thanked everyone in the audience and stated he will not take a side. He stated that this is something the city should continue to look into. 5. MATTERS FROM THE FLOOR - None. 6. REPORTS . Bailey stated he will not be here for the September 16th meeting. Collins stated he will be unavailable starting immediately until mid November due to personal reasons. . . . PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 8 7. ADJOURNMENT Collins moved, Bailey seconded to adjourn the meeting. Meeting adjourned at 10:12 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED. Christine Moksnes Recording Secretary TimeSaver Off-Site Secretarial, Inc. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING WEDNESDAY, SEPTEMBER 16, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7: 10 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson and Callies; Planning Director Nielsen, Council Liaison O'Neill. Also Present: City Council Commissioners Garfunkel and Champa. Not Present: Commissioners: Collins and Bailey. APPROVAL OF MINUTES . Planning Commission Minutes - September 1, 1998 Anderson moved, Callies seconded approving the Planning Commission Minutes of September 1, 1998 as presented. Motion passed 3/0. Anderson requested to change the order of business as presented on the agenda to discuss #2, Study Session on Howard's Point Marina first. Anderson moved, Callies seconded amending the agenda as proposed. Motion passed 3/0. Nielsen explained that representatives from Howard's Point Marina would not be present until 8:00 p.m. and this could not yet be discussed. Callies requested that Matters From the Floor be discussed at this time. 1. MATTERS FROM THE FLOOR Callies reviewed a letter written by Ronald and Nancy Smith regarding a skateboard ramp their neighbor erected. This ramp is very large and located in the front yard, close to the property line. The Smiths' letter addresses both the Planning Commission and the City Council. They are inquiring whether an ordinance is in place to prevent such a structure and if not, that one be drafted. Callies mentioned the structure does comply with the distance to the property line and passed pictures around the table. Anderson asked if it complies with the setbacks and Chair . Borkon explained that it does comply but looks as if it is in the neighbor's yard. Anderson asked PLANNING COMMISSION MINUTES SEPTEMBER 16,1998 - PAGE 2 . if the neighbors have discussed if this structure could be moved. Callies explained that this discussion did take place. She further explained that according to the current ordinance, recreational structures are allowed. Nielsen explained that there is a nuisance ordinance, however, this structure does not relate to that ordinance. Callies stated that this issue does not have to be resolved immediately but that a discussion should take place. Chair Borkon questioned whether this structure would fit under recreational equipment. Nielsen explained that it could fit and it does meet the height limit of 15 feet. Callies stated that it does not look like a typical appear to be a recreational structure because of the potential noise. Nielsen said that it is not in violation of any of the current codes. Chair Borkon asked if this was found as a nuisance violation, what would be the next step. Nielsen clarified that a letter would be sent to the owner and they would be given the chance to appeal within 10 days. He further stated that this would have to qualify as a nuisance and this does not. Anderson moved, Callies seconded to direct the staff to research issues for a future meeting. Motion passed 3/0. 2. DISCUSSION WITH CONSULTANT AND CITY COUNCIL REGARDING TELECOMMUNICA TION FACILITIES . Nielsen explained the history of utilizing a telecommunications consultant and said that the Council felt it would be important to have a telecommunications consultant involved in the first step of devising an ordinance. He stated that the first draft ordinance attempted to limit antenna sites to the commercial district. Nielsen stated that west Shorewood has no commercial property which raises the issue of the location of an antenna site. There is a public hearing scheduled on this issue for October 6. Garrett Lysiak, telecommunications consultant, reviewed his background with the Commission and Council members. He has been in practice for 13 years and had been employed with the FCC. Lysiak explained that Shorewood is limited in providing service to providers because of the few commercial zones. A tower will need to be erected on the west side in order to provide service to all of Shorewood which is about 6 miles across. Currently, there is a hole in coverage on the western side of Shorewood. Two considerations for placement of towers are Freeman Park and the water tower on the western side of the City. One of the concerns in utilizing the water tower is radiation. Lysiak also explained that the FCC adopted a standard which took force in August of 1997, this is an ANSI standard. He stated that if there is a concern about the radiation level, measurements can be taken before and after the tower is built to reduce anxiety. He further explained that the measurements would be taken every time the tower has maintenance performed. He advised that this method is the best safeguard. He also stated that routine measurements are paid for by the provider. . Callies inquired what sites in the city will be able to serve AT&T's needs. Lysiak stated that Freeman Park and the water tower are equally as good. Chair Borkon asked about using the city utility building. Nielsen confirmed that public works property can be used, but studies would PLANNING COMMISSION MINUTES SEPTEMBER 16, 1998 - PAGE 3 . have to be conducted to check for interference with another tower nearby. Lysiak stated that using the public works building would not serve the western part of the city. Chair Borkon commented that the issue of placement of a site on the water tower is a large issue and asked if other issues had been discussed regarding the ordinance. Anderson questioned whether these towers would be able to handle all the technology that is on the forefront. Lysiak confirmed that the capacity needs to be taken into consideration. Chair Borkon explained that the law says some provision needs to be made to provide service to a certain area, but it can be located across the street in another town. The Commission must come up with ordinances to fit the government requests. Discussion took place in regard to using the word visual in the draft. Wording should be changed to minimize any adverse impacts rather than minimize any visual impacts. Lysiak suggested adding in the ordinance that a tower should be able to be used up to 3 times the loading capacity. He also mentioned that the ordinance now states tower height should not exceed 160 feet, which is a little high. He noted that there is no height limit in the current ordinance for personal towers and suggested a limit be added. He also suggested removing the word stealth from the ordinance. He stated there is no effective way to beautify a tower and making a tower stealth is difficult. Nielsen concurred that these issues will need to be clarified for the final document. . Callies questioned whether a ham operator tower could be erected in a residential back yard. Nielsen explained that it could and this should be handled as a separate issue, although addressed simultaneously with the telecommunications issue. The telecommunications issue is a commercial issue and the ham operator tower is a zoning issue. Brown inquired how much is known in regards to long-term effects of radiation. Lysiak stated overexposure can happen in 6 minutes. There is a conservative standard. Although, he hasn't seen any documentation linking disease to long-term exposure to RF. He reiterated that most members of the general public are never overexposed in relation to the standards. Anderson raised the question of whether a site should be provided for every telecommunications provider; can a tower be full. Chair Borkon said this would be a legal issue. Nielsen stated that he thought there was enough information to draw up an ordinance. Callies stated she is comfortable with the information presented and an ordinance could be drafted. Chair Borkon commented she is not comfortable writing an ordinance yet; stating that the law is too vague. She would like to have an attorney present to guide the discussion. Nielsen suggested scheduling a study session prior to the October 6 hearing. He mentioned that this issue is scheduled for the Council meeting the following Monday. He concluded that he will set up a work session with the attorney on the telecommunications tower. . Council members were adjourned at 8:45 p.m. . . . PLANNING COMMISSION MINUTES SEPTEMBER 16, 1998 - PAGE 4 3a. STUDY SESSION - DISCUSS HOWARD'S POINT MARINA The Planning Commission members were given a tour of the property prior to the meeting. Nielsen explained he had drawn up a matrix and many questions on it were answered as a result of the tour. He reviewed that the LR district is set up to address marinas specifically. The clubhouse and parking area of the Howard's Point Marina is considered accessory. There is a single family dwelling on the property that is rented out. He suggested it is possible to carve off the section of the property with the house and not include it in the LR district, although this reduces parking. The other possibility is to let the house remain and have the house be a nonconformance rather than the marina. Currently, the marina is the non-conforming portion of the property, but if the ordinance changes, the house becomes the non-conforming part. Nielsen clarified that there are 2 marinas that are non-conforming uses in residential districts. The goal is to incorporate standards to make them both in compliance. Chair Borkon questioned how the discussion of changing the ordinance relates to the marina requesting to purchase property. Nielsen explained that marinas cannot expand in this district. He stated that initially the Commission was to consider their existing situations and make the marinas conform if possible. A decision should be made whether it would be feasible for the marina to purchase land. Nielsen addressed each issue on the matrix, clarified the meanings if necessary and explained whether it complies with the ordinance. The biggest issues are the use of the property; setbacks; and the slips per lot allotment. He suggested it may be possible to work around the single family home and rental property. Nielsen commented that there may not be as much of a lakeshore setback problem as it seems. These setbacks could be adopted in as a nonconformity. The marina is close to compliance in the slips per lot area. In addition, Nielsen suggested the section of the ordinance on providing food could be revised. The marina has vending machines available and any food is prepackaged. He also noted that the portion of the ordinance on dry storage should be clarified. Anderson stated he thinks buying this piece of land is a good acquisition. He suggested that the land be purchased, the single family house be removed which would allow more boat storage. This would offset losing the rental income. He also mentioned the possibility of a new landscaping design to create natural buffers and redesign the parking for more efficient use. He floted that if these chaflges are made, the shortage of footage cOl:lld be aHo'Ned. Chair Borkon stated she thought a lot of this is workable. She agrees the Commission can proceed, but is not in favor of taking down the house. She clarified that Nielsen will be studying the Shorewood Yacht Club, and then will merge issues from both sites into conformities/non- conformities. . . . PLANNING COMMISSION MINUTES SEPTEMBER 16,1998 - PAGE 5 Callies agreed that this is not insurmountable. She commented that if this was rezoned into residential, it still wouldn't conform to the LR district. She saw value in rezoning both properties to be LR. Jerry Brecke, 27450 Pine Bend Road, was present as a representative of the marina. He clarified an earlier question stating that 60% of the slips on the water are owned by Shorewood residents. Nielsen mentioned that the ordinance does allude to preference be given to Shorewood residents, although it doesn't specifically state as such. Mr. Brecke stated he does give preference to Shorewood residents. Nielsen suggested the full Planning Commission study these considerations and the Shorewood Yacht Club results on the October 6th meeting. He will solicit information from the public. Anderson questioned when information can be sent out to the public. Chair Borkon explained that the public hearing will draw out opposition and there was a discussion of the various dangers of holding a public hearing before an ordinance is drafted. Nielsen suggested a neighborhood meeting after the draft is made. 3b. STUDY SESSION - COMP PLAN TRANSPORTATION CHAPTER Nelson stated that the section on MSA is not yet updated. He reviewed the changes as shown on two handouts. Anderson motioned, Callies seconded to approve the changes as proposed. Discussion was opened for the curb and gutter issue. Callies questioned whether there needs to be a preference stated for curb and gutter. Nielsen explained that currently the code requires curb and gutter. Anderson commented this language only gives the option of having curb and gutter. After discussion of using the word may versus the word shall in item #11, O'Neill confirmed the Council will discuss this matter. Chair Borkon suggested using the word will. O'Neill suggested the wording be changed to the effect of, curb and gutter shall be optional where drainage is not a problem. Anderson motioned, Callies seconded approving the amendment of changing the wording to shall. Motion passed 3/0. 4. APPOINT LIAISON TO ADHOC LAND CONSERVATION COMMITTEE Chair Borkon requested volunteers from the Commission. Nielsen explained the role would be to be involved in the preparation of the report and addressing issues pertaining to the Planning Commission. Callies volunteered to be the liaison. It was noted that Chair Borkon will be the substitute. Anderson moved, Chair Borkon seconded appointing Callies as Liaison to the Adhoc Land Conservation Committee. Motion passed 3/0. . . . PLANNING COMMISSION MINUTES SEPTEMBER 16,1998 - PAGE 6 5. REPORTS Nielsen reviewed the Development Monitoring Report. This report is usually given to the Council and reviews the developments that are in process. He stated that the storm sewers are in on Gideon Woods. Smithtown Meadows has a couple of trees remaining but are close to completion. 6. ADJOURNMENT Anderson moved, Callies seconded to adjourn the meeting. Meeting adjourned at 10:17 p.m. Motion passed 3/0. RESPECTFULLY SUBMITTED, Christine Moksnes, Recording Secretary TimesSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 6, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair: Borkon; Commissioners Anderson, Bailey, and Callies; Planning Director Nielsen; City Engineer Brown; and Council Liaison O'Neill Absent: Commissioner Collins. APPROVAL OF MINUTES Planning Commission Minutes - September 16, 1998 . Anderson moved, Callies seconded approving the Planning Commission Minutes of September 16, 1998, as amended on Page 2, Paragraph 2, Sentence 3 to read Callies stated that it does not appear to be a recreational structure because of the potential noise, and Page 4, Paragraph 6, strike out the last sentence of the paragraph. Motion passed 3/0. (Bailey Abstain). Chair Borkon stated that agenda items #3 and #4 will be reviewed at the Study Session on October 20, 1998 due to the fact that these items are in the process of being completed. The agenda was approved as amended. 1. 7:00 P.M. PUBLIC HEARING - REAR YARD SETBACK VARIANCE Applicant: Location: Kirk Davis 5935 Seamans Drive Planning Director Nielsen reviewed the rear yard setback for this hearing. He stated that the applicant is requesting a variance to build an addition on his house in the R-IA zoning district and would require a 16 feet variance. Nielsen recommended approval of the rear yard setback variance of 14 feet to conform to the average setback established by buildings on the two adjoining lots. . Mr. Davis stated that he is in favor of this and will abide by the change. Chair Borkon opened the public hearing at 7: 15 p.m. Hearing no further public testimony, the public hearing was closed at 7:15 p.m. . . . PLANNING COMMISSION WORK SESSION MINUTES OCTOBER 6,1998 - PAGE 2 Anderson stated that he felt this variance was reasonable and was encouraged that both parties agree. Bailey questioned the logic of the averaging of the rear yard setback and asked if this was due to the fact the applicant abuts the golf course. Nielsen stated that the golf course is a factor but that the average setback is a policy that is used when properties abut lakeshore. He stated that the boundary discrepancy is a factor, as well. Nielsen stated that a hardship for the applicant stems from the boundary discrepancy and the fact that the house sits 54 feet from the rear boundary line. Bailey stated that he feels the applicant should be granted the full 16 foot variance. Chair Borkon agreed with Bailey on the full 16 foot variance due to the discrepancy. Callies asked if the applicant purchased the home knowing the location of the rear yard line. The applicant stated that the rear yard line was in question at the time of purchase. Chair Borkon stated that she would like to know if the closing was contingent on the location. She asked that staff research this issue to prove hardship. Callies moved, Bailey seconded to 8tlPF9ve deny the variance for a rear yard setback for Kirk Davis at 5935 Seamans Drive for discussion. Bailey asked if abutting a non- residential property calls for different circumstances. Nielsen stated that this is not the case, but due to the various factors in this case, the effects would be minimal. Motion failed 1/3. (Anderson, Bailey and Borkon opposed). Bailey moved, Anderson seconded to table the variance for a rear yard setback for Kirk Davis at 5935 Seamans Drive to allow staff to gain information on the closing of the property. Motion passed 3/1. (Callies opposed). Nielsen explained this matter will come back to the Planning Commission for their review and consideration on Tuesday, October 20, 1998. 2. 7:15 P.M. PUBLIC HEARING - TELECOMMUNICATIONS ORDINANCE Planning Director Nielsen reviewed with the Commission the factors behind this ordinance for the City. He explained that this Ordinance would limit the location of towers and facilities by zoning districts and sets standards while complying with the Telecommunications Act. Nielsen reviewed the changes to the draft ordinance as suggested by the City's Telecommunications Consultant, Mr. Garrett Lysiak. Nielsen stated that he is looking for the Commission's recommendation for an October City Council review. Chair Borkon opened the public hearing at 8:07 p.m. Peter Beck, 160 South Fifth Street with AT&T Wireless Services, stated that his company is involved in this process and is working with the City on this issue for the southwestern suburbs. He reviewed several comments and concerns that his company has with the City. He stated concerns about the City's availability of land space and the number of user's per pole. . . . PLANNING COMMISSION WORK SESSION MINUTES OCTOBER 6,1998 - PAGE 3 Discussion was held on the number of free standing towers and the height desired in the City. Anderson stated that he would like to see a maximum height be set to provide of the maximum use per pole, thus limiting the number of poles in the City. Mr. Lysiak explained the reasoning for the number of users per pole and the benefits for the City and stated that the heights of towers is coming down. Mr. Beck commented on the 125 feet height limit. He stated that this could limit the number of co-location towers in the City. He encouraged the Planning Commission to change this to 150 feet. Mr. Beck added that he feels the search radius should be limited to one mile. Mr. Beck continued by questioning the conditional use permitting process of additional capacity on towers. He stated that the City may just want to consider the co-user be forced to look here first. Mr. Lysiak encouraged the City to not change this process, because then the City will not be notified of the change. City Engineer Brown stated that this process in place allows the City to maintain the conditional use permit process and look for alternatives as an option. Mr. Beck stated a strong concern regarding the new language regarding the inspection progress, stating that this was to be left up to the FCC. Jim Strommen, City Attorney, stated that the FCC does set standards but stated that the City can monitor the towers in that they comply with the statute. Mr. Lysiak stated that the City is concerned with radiation standards and not emissions or interference. Chris Lizee, 27055 Smithtown Road, asked for clarification on several points in the ordinance. She asked that a change be made to the Ordinance with regard to the residential zoning districts. Nielsen explained that this wording is used to permit tower usage on the water tower sites. Hearing no further public testimony, Anderson moved, Bailey seconded closing the public hearing at 9:00 p.m. Motion passed 4/0. The Commission agreed to a final review of this Ordinance at their October 20, 1998 meeting due to the number of revisions. Callies found that this was redundant due the to length of time the Commission is spending reviewing the Ordinance. Chair Borkon questioned the radius search distance for the tower structures. Mr. Lysiak stated that he would be comfortable with the one mile radius change. Mr. Lysiak explained that the five mile radius is not realistic because many times the sites that the applicant has chosen is only within 1/2 mile to 1 mile for the area they need to serve for capacity and coverage. Chair Borkon asked if this radius could be increased at all in the future. Mr. Lysiak stated that by widening this radius it opens the range of towers that are looked at. Bailey stated that jumping through hoops is not the City's purpose on this and that he didn't see the reasoning for this. He agreed with the one mile radius, along with Callies. Anderson stated that he is concerned about not leaving City limits for the search. Chair Borkon stated that she is comfortable with the mile radius as is the majority of the Commission. . . . PLANNING COMMISSION WORK SESSION MINUTES OCTOBER 6,1998 - PAGE 4 Chair Borkon asked what height requirements Mr. Lysiak recommended. Mr. Lysiak stated that 125 feet is adequate and that he does foresee this dropping in the future. Commission concurred that the 125 feet will be the height limit. Chair Borkon questioned the conditional use permitting process versus permitted uses for towers. Bailey stated that he would like to see the uses conditional and not be stated as permitted uses within the City. The Commission agreed on removing the Other Telecommunications Facilities of towers on existing structures of 50 feet in height from the Ordinance. Chair Borkon questioned the FCC regulations as set forth in the Ordinance regarding inspections. The Commission agreed to the comments as suggested by Mr. Lysiak to change emission to radiation. The Commission reviewed the telecommunications definitions and noted agreed upon changes to Staff. Nielsen was advised to revise the Telecommunications Ordinance and bring this back for the Planning Commission to review at their October 20, 1998 meeting for recommendation to the Council. 3. MA TTERS FROM TO THE FLOOR - None. There were none at this time. 4. REPORTS Nielsen reported on a letter he received from Mr. Ron Johnson. He stated that Mr. Johnson has a 20 acre site and would like to build and accessory structure on this piece of land. Nielsen explained that City Ordinance does not allow for accessory structures on land without a principle structure. He informed the Commission that this is for their information and that their is no formal action at this time. Bailey stated that he would be absent on November 4, 1998 and he is the designated liaison to Council for that meeting. It was noted that a change will be made in the schedule. Anderson stated that he would change with Bailey on this. 5. ADJOURNMENT Bailey moved, Anderson seconded adjourning the meeting. Meeting adjourned at 10:04 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 20, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 8:00 P.M. MINUTES CALL TO ORDER Acting Chair Callies called the meeting to order at 8: 18 p.m. ROLL CALL Present: Commissioners Anderson, Bailey, and Callies; and Planning Director Nielsen Chair Borkon and Commissioner Collins Absent: APPROVAL OF MINUTES Planning Commission Minutes - October 6, 1998 Bailey moved, Anderson seconded approving the Planning Commission Minutes of October 6, 1998, as amended on Page 2, Paragraph 4, to read, Callies moved, Bailey seconded to denv, and Page 4, Paragraph 1 under Reports to read, Nielsen reported on a letter he received from Ron .Johnson. He stated that Mr. .Johnson. Motion passed 3/0. Acting Chair Callies reviewed the agenda and amended it to include items #1 and #2. The agenda was approved as amended. 1. DISCUSSION OF TELECOMMUNICATIONS ORDINANCE Nielsen reviewed with the Commission the changes that had been made per their request at their October 6, 1998 meeting. He drew their attention to the items added in regard to monitoring and non-compliance. Acting Chair Callies continued the public hearing at 8:25 p.m. Peter Beck, a representative with AT&T, raised several concerns with language regarding the use of the word engineer and the City's buffer/setback regulations. Acting Chair Callies stated that the language would be changed to read qualified radio frequency professional. Anderson questioned the setback requirements for the City. Nielsen stated that this requirement was acquired from various cities and allows for a larger buffer between the tower and adjacent lots. Nielsen was advised to draft language to alter the setback requirements in the Ordinance based on the land abutting the subject property. . . . PLANNING COMMISSION WORK SESSION MINUTES OCTOBER 20,1998 - PAGE 2 Hearing no further public testimony, Bailey moved, Anderson seconded closing the public hearing at 7:25 p.m. Motion passed 3/0. Bailey moved, Anderson seconded recommending approval of the Telecommunications Ordinance with additional language to be included regarding the setback buffer. Motion passed 3/0. Nielsen explained this matter will come before the City Council for their reVIew and consideration on Monday, October 26, 1998. 2. PUBLIC HEARING - REAR YARD SETBACK VARIANCE Planning Director Nielsen presented the Commission with additional information regarding the rear yard setback for this variance. He explained the average setback implications for lakeshore and front yard setbacks and how they effect this case. He stated that the ordinance could be amended if the Commission felt this would be setting a precedence. Acting Chair Callies continued the public hearing at 8:50 p.m. Kirk Davis, the applicant, asked that the Commission consider this variance and not take into consideration the speculation of residential land being rezoned in the place of the golf course. Hearing no further public testimony, Bailey moved, Anderson seconded closing the public hearing at 9:00 p.m. Motion passed 3/0. Anderson moved, Bailey seconded recommending approval of the Rear Yard Setback at 5935 Seamans Drive for Kirk Davis based on staff recommended conditions. Motion passed 2/1. (Callies opposed). Nielsen explained this matter will come before the City Council for their reVIew and consideration on Monday, October 26, 1998. 3. REPORTS Acting Chair Callies informed the Commission of the Land Conservation Committee report. She stated that their report will be out in November or December for the City's review. 4. ADJOURNMENT Bailey moved, Anderson seconded adjourning the meeting. Meeting adjourned at 9:05 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 4, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson and Callies; Planning Director Nielsen; Administrator Hurm; and Council Liaison O'Neill. Commissioners Bailey and Collins Absent: APPROVAL OF MINUTES Planning Commission Minutes - October 20, 1998 Anderson moved, Callies seconded approving the Planning Commission Minutes of October 20,1998 as presented. Motion passed 2/0. (Chair Borkon abstained). 1. 7:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR SALES AND DISPLAY (AUTO SALES) Applicant: Location: Pelican Car Company, LLC 19245 Highway 7 Planning Director Nielsen reviewed the case with the Planning Commission. The applicants were present for questions regarding the used car dealership at the above address. Nielsen stated that the area is zoned C-3 which makes it necessary to have a Conditional Use Permit for this type of business. He informed the Commission that the property is currently non-conforming in several areas and that the Conditional Use Permit would bring the property into conformance. Issues of quantity of display cars, quantity of parking spaces needed, lighting, signage and landscaping were addressed. Staff recommended approval based on the recommendations for the above use, along with recommendations for concrete curbing, and conformity to setback ordinances, to be complete in 1999. The applicant, Merlin Dewing, 6045 Whitney Circle, thanked Staff for their work and stated his proposed intent with the property. He stated that his company has no desire to store more than 10 cars on the lot at one time and that the five current available spaces would be adequate. Chair Borkon opened the public hearing at 7:23 p.m. . PLANNING COMMISSION MINUTES NOVEMBER 4,1998 - PAGE 2 Matt Larson of 5125 Vinehill Road, Minnetonka, expressed concerns regarding the way the mini- storage was handled in his neighborhood. He is concerned that the lack of communication with the residents and change in plans will happen again with the used car lot. Sam Warrick of 5109 Vinehill Road, Minnetonka, expressed concerns about his property value if commercial sites continue to expand in the area. He expressed major concern about future expansion of the proposed company, with lighting and traffic also being issues. Tom Erdmann of 19495 Merifield Circle, Shorewood, also expressed concerns about the amount of commercial development in this area. He stated that issues from the mini-storage leave him uneasy about commercial development in his neighborhood. His main concerns were lighting and traffic. Tom Heimer of 5215 Shady Lane, Shorewood, stated he is concerned about traffic, and future expansion of the site. Lloyd Enger of 5230 Vinehill Road, Shorewood, expressed concerns regarding the lighting and traffic stating that he would like to see this commercial traffic kept off of Vinehill Road and put onto Highway 7. . Mike Thies of 5235 Shady Lane, Shorewood, stated he is concerned about lighting, citing the mini- storage as an example of the impact on the residential area. He stated that he is worried about future expansion, and the pollution from run-off created by cars sitting on the pavement for long periods of time. Merlin Dewing, with the Pelican Car Company, addressed the concerned residents stating that the business will remain within the limits of the Conditional Use Permit, particularly regarding no additional lighting, and limited signage. Chair Borkon took this time to request Planning Director Nielsen to check the lighting at the mini- storage, and address any violations discovered. Chair Borkon also addressed the concerns of the neighborhood by explaining that any restrictions needed for the proposed Conditional Use Permit could be included in the staff recommendations to protect the residential areas from additional lighting, or expansion of the business. Hearing no further public testimony, Callies moved, Anderson seconded closing the public hearing at 8:05 p.m. Motion passed 3/0. Anderson questioned the hours of operation. Mr. Dewing stated that they don't foresee operation into the evening hours and will meet with clients by appointment only. He stated that the traffic flow would be minimal due to the size of their business. . . . . PLANNING COMMISSION MINUTES NOVEMBER 4,1998 - PAGE 3 Callies moved, Anderson seconded approving the Conditional Use Permit for Open and Outdoor Sales and Display for Auto Sales for Pelican Car Company, LLC at 19245 Highway 7, subject to Staff recommendations. Motion passed 2/1. (Chair Borkon opposed). Nielsen explained this matter will come before the City Council for their review and consideration on Monday, November 23,1998. STUDY SESSION 2. LAKESHORE-RECREATIONAL DISTRICT Planning Director Nielsen reviewed the Lakeshore Recreational District Ordinance with regard to Howards Point Marina and the Shorewood Yacht Club. He recommends that the ordinance be studied and revised to promote compliance for these uses in their current zoning district. Nielsen asked that the ordinance be examined for to discover where amendments could be made to help existing conditions conform, to discover where the existing marinas could change to conform with the existing ordinance, and to recognize the points where the existing marinas cannot conform to the ordinance where the City would be willing to change the ordinance. A discussion was held and the Commission directed staff to revise the current report to compare the two existing marinas with the Ordinance. The report would then be reviewed at their next meeting. 3. COMP PLAN - COMMUNITY FACILITIES Chair Borkon moved, Anderson seconded to strike this item from the agenda. Motion passed 3/0. 4. REVIEW CAPITAL IMPROVEMENTS PROGRAM (CIP) Administrator Hurm reviewed the Capital Improvement Program (CIP) and summarized the sections pertaining to the Planning Commission. Nielsen recommended approval of the CIP to the Commission. Concerns were raised regarding funds for reconstruction and reclamation of roads. Commissioner Anderson also raised concerns regarding opportunities for future acquisitions, and where the funds would be moved from if the situation arose. Administrator Hurm stated that no funds were allocated for future acquisitions at this time. He informed the Commission that the CIP could be revised and changed if future plans were made to the Comprehensive Plan. . . . PLANNING COMMISSION MINUTES NOVEMBER 4,1998 - PAGE 4 Chair Borkon moved, Callies seconded recommending approval of the Capital Improvement Program as being congruent with the Comprehensive Plan. Motion passed 3/0. Nielsen explained this matter will come before the City Council for their review and consideration on Monday, November 23,1998. 5. MATTERS FROM THE FLOOR There were none at this time. 6. REPORTS There were none at this time. 5. ADJOURNMENT Anderson moved, Callies seconded adjourning the meeting at 9:33 p.m. Motion passed 3/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 17, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:03 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson and Bailey; Planning Director Nielsen; and Council Liaison O'Neill. Absent: Commissioners Callies and Collins. APPROVAL OF MINUTES Planning Commission Minutes - November 4, 1998 Anderson moved, Bailey seconded approving the Planning Commission Minutes of November 4, 1998 as presented. Motion passed 2/0 (Bailey abstained). STUDY SESSION 1. LAKESHORE RECREATIONAL DISTRICT Planning Director Nielsen presented a video of the Shorewood Yacht Club (SYC) to provide information to the Planning Commission regarding conformities and non-conformities. He then presented a promotional video provided by SYC. Nielsen then reviewed his report comparing SYC and Howards Point Marina (HPM), and their compliance with the existing ordinance. Nielsen reviewed the permitted uses within the current zoning district. He noted that both SYC and HPM are non-conforming uses because they have a single family dwelling on site. HPM also has an upstairs apartment on their site. Nielsen stated that HPM may buy adjacent land that now has another house on it. He recommended that the Planning Commission amend the zoning code to allow one caretaker dwelling. The Commissioners are in favor of allowing HPM to also keep the apartment as non-conforming and could be allowed through a conditional use permit. The Commissioners concurred that they are not in favor of the house on the proposed property being kept as a residence if HPM buys the adjacent land. PLANNING COMMISSION MINUTES NOVEMBER 17,1998 - PAGE 2 . A discussion regarding setbacks for the marinas was held. It was noted that HPM has current buildings that do not conform to setbacks. It was recommended to accept these as non- conforming structures. If the buildings were destroyed, they could not be rebuilt as they were, but must be rebuilt to conform to setbacks, unless a variance is obtained. The Commissioners were in favor of accepting this recommendation, but would request that HPM tear down one building, a small shed, that is non-conforming to resolve a number of issues with that building. Nielsen reviewed the harbor area section of the ordinance. He recommended that the Commission consider the car to boat parking ratio, rather than land per boat. Nielsen was advised to research other ordinances to see how this ratio is determined. Chair Borkon suggested looking into differentiating between summer and winter numbers as well. A discussion was held regarding the maximum number of boats on site and it was recommended to remove this section from the ordinance. It was felt that the number was arbitrary, and that a ratio equation will better suit this situation. Nielsen informed the Commission on the dry boat storage. Chair Borkon raised concern regarding safety issues, especially fire hazard, if too many boats were stored on these sites. Nielsen stated that he will check with the Fire Marshal for specifics. It was recommended to amend the zoning code to allow for dry boat storage but to consider setbacks, screening and landscaping. . A recommendation was made to confine outdoor storage to screened areas. Nielsen pointed out that the existing outdoor storage is mainly incidentals such as wood, blocks etc. and would certainly fit into a fenced in area. A representative from HPM pointed out that it may be worthwhile for the city to look into allowing RV's to be stored at the marina sites. This may be a valuable service to the community, as currently there are many covenants in neighborhoods restricting the ability to store these RV's in the driveway, or even on the residential lots. The Commissioners agreed that this may be a need, but that the marinas are in residential areas, and parking of RV's may be ql:1estionable would be inappropriate in the neighborhoods. A discussion was held regarding food-vending machines on the marina sites. It was recommended to amend zoning to allow for catered events and that more discussion is needed on this subject. The Commissioners would like to see the ordinance limit events to members or slip owners only, and allow for a maximum number of people, stating that for more people a permit must be received. It was noted that the wording should be changed from "vending machines only" to "pre-packaged foods only" as these do not necessarily come only from vending machines. . Nielsen reviewed the parking setbacks from O.H.W.L. He stated that SYC has parking that is not in compliance with the current ordinance. Nielsen recommended that the Commission eliminate parking within the lakeshore setback. SYC has major concerns about losing parking space, but that issues for their parking include screening, and runoff into the lake. Nielsen was advised to look into the possibility of grading away from the lake, and installing a filtration system for runoff from the parking area. PLANNING COMMISSION MINUTES NOVEMBER 17,1998 - PAGE 3 . A discussion was held on the parking access from arterial or collector street widths. It was noted that HPM is non-conforming, but very close to the ordinance's regulations. Nielsen recommended that the Commission accept this as non-conforming. Commissioner Bailey suggested amending the ordinance to 23' width, which would bring HPM into compliance. The Commission concurred. The driveway and parking lot paving was discussed among the Commissioners. Both SYC and HPM parking lots are not paved. It was recommended to amend the code to accept gravel surfaces for seasonal parking. Chair Borkon expressed concern over not having a paved apron from any entry roads and the safety of these areas. The Commission decided to leave this issue open and advised Staff to provide the Commission with further information on the safety of these entry ways. A discussion was held on the inability to park in side yards. Nielsen recommended amending the zoning code to reduce the setback, and require additional landscaping. Nielsen proposes a 20' setback as required for Churches, rather than the 50' setback that is now required. HPM has concerns about this footage, as they may lose needed parking space. Information is needed from HPM regarding what footage could be worked with. The Commissioners agreed to the recommendation and requested that a landscaping plan and footage proposal be completed upon input from HPM. . It was noted that SYC not in compliance with the signage requirements. Staff recommended that the Commission amend the zoning code to allow for two signs, one at the street and one on the lake. SYC was advised to reduce their current signage. Commissioner Bailey stated that he feels the SYC signs are acceptable, even though they are not in compliance. In addition to size of signage, issues such as lighting and materials used may need to be addressed. Lighting is currently not an issue with SYC or HPM. Natural materials may be specified, as the signage tends to be more aesthetically pleasing. Representatives from SYC and HPM inquired about the procedure from here. Chair Borkon clarified that Staff will write up a more specific proposal. This proposal will then be presented to the public for input with a public hearing to be held. At that point the issue would be referred to the Council. The owners of SYC then brought up the issue of the sale of boats. They noted that this issue is currently not in the ordinance, therefore prohibited. The owners informed the Commission that SYC and HPM both sell boats. Both explained that the procedure is more like brokerage than outright sales. HPM sells boats that have been used, to people who inquire, as opposed to advertising boats for sale. SYC brokers sail boats that are used in their sailing lessons to people who inquire. Nielsen was advised to draft language to include the sale of boats in the ordinance. Chair Borkon then addressed the owners of SYC and HPM on their feelings regarding the discussion. HPM expressed concern regarding the possibility of tearing down the cabin on their . PLANNING COMMISSION MINUTES NOVEMBER 17,1998 - PAGE 4 . site, and the possibility of having to remove the house, if they buy the additional property. All parties expressed appreciation for being included in the discussions, having their concerns recognized, and being asked opinions from a business owner standpoint. Before adjourning, Chair Borkon asked Nielsen about the lighting issue at the mini-storage. Nielsen stated that they are in compliance, but lights may not be hooded or tipped correctly. The mini-storage owners seem willing to cooperate, and some lighting in the front of the site could be eliminated. He stated that a letter is drafted and will be sent to the owners addressing these concerns. Nielsen also talked to the neighbors, and believes that things can be resolved. 2. MA TTERS FROM THE FLOOR There were none at this time. 3. REPORTS There were none at this time. 4. ADJOURNMENT Bailey moved, Anderson seconded adjourning the meeting at 9:35 p.m. Motion passed 3/0. . RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 1, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson, Bailey, and Callies; Planning Director Nielsen; and City Engineer Brown Absent: Commissioner Collins and Council Liaison O'Neill. APPROVAL OF MINUTES Planning Commission Minutes - November 17,1998 These minutes were not made available for the meeting packet and will be approved at the next meeting. STUDY SESSION 1. COMPREHENSIVE PLAN - TRANSPORTATION CHAPTER Planning Director Nielsen briefly summarized the 1995 transportation plan for Shorewood, pointing out completed and uncompleted sections, and areas of concern. City Engineer Brown pointed out that the goal for this meeting is to determine if this plan is reasonable or not. Brown stated that he also would like to seek input from the Planning Commission and the City Council regarding the Transportation plans. At this point the plan will be refined and presented to the County, who has indicated a willingness to work with Shorewood on improvements. Charles Rickart, P.E., WSB and Associates Inc. presented a Traffic Study for the Country Club Road/Yellowstone Trail/Lake Linden Drive Route and the County Road 19/Country Club Road Intersection. Mr. Rickart summarized three (3) alternatives for the intersection of Country Road 19 and Country Club Road: . . . PLANNING COMMISSION MINUTES DECEMBER 1, 1998 - PAGE 2 1. Addition of a traffic signal only. Mr. Rickart pointed out that this option does not improve the overall service of the intersection. It would still be a problem intersection, and this option does little to discourage cut-through traffic. It would, however, help the accident rate slightly. 2. Addition of a traffic signal and a left turn lane on County Road 19 and Country Club Road. The intersection would still be overcrowded, and this option does not improve the service of the intersection enough to keep it from being considered a problem intersection still. 3. Make the intersection a "Tee" intersection. This option increases the level of service drastically. Mr. Rickart pointed out that the possible down side to this option is that businesses on the intersection may object, due to a cut down in their access. However, this problem can be addressed when in the planning stage. Mr. Rickart then stated that Option #3 was the recommended option, and that the County has indicated a preference for this option also. Chair Borkon questioned the financial issues on changing this intersection. Mr. Rickart explained the County's position in what assistance they would give, which at this stage is somewhat unclear. Chair Borkon then stated that the purpose of the Planning Commission at this time is to recommend the best scenario for Shorewood with less attention paid to finance, since all the options are reasonably affordable. However, the Planning Commission does need to be aware of any incentives and any aid available to relieve the financial burden of Shorewood. Some concern was raised about cooperation from Tonka Bay as Option #3 would rely on their cooperation. Engineer Brown pointed out that the County does favor option #3, and may provide some leverage in Tonka Bay, as well as additional financial incentives. Commissioner Anderson raised some concerns about improvements to Smithtown Road, and weather this project would take away funding for that project. Engineer Brown pointed out that the City has MSA funds for Smithtown Road, and in all probability both projects could be funded. Commissioner Anderson would like this to be studied. Commissioner Anderson would also like additional information on the traffic on Country Road 41, as this information may affect which improvement would be best for County Road 19 and Country Club Road. Engineer Brown and Mr. Rickart agreed that this information should be gathered and presented to the Planning Commission next time this issue is discussed. Anderson moved, Bailey seconded to accept Option #3 and forward this recommendation to the City Council, contingent on receiving more information about the traffic on County Road 41, and more information 9ft regarding the cost of the project to the City as well as the funding for Smithtown Road. Motion passed 4/0. . . . PLANNING COMMISSION MINUTES DECEMBER 1, 1998 - PAGE 3 2. LAKESHORE-RECREATIONAL DISTRICT - CONTINUING DISCUSSION This item was deleted from the agenda, due to more information being needed before discussion could continue. 3. MATTERS FROM THE FLOOR There were none at this time. 4. REPORTS Commissioner Anderson requested information on the Mini-storage concerns that were discussed. Planning Director Nielsen stated that he has been in contact with the owners, and they will look into solutions to the lighting problems. Also, the residents are aware that the owners are working on it. Planning Director Nielsen then notified the Planning Commission of some public hearings that the City Council directed to be held at the next meeting, December 15, 1998: 1. Regarding changes to land use section of the Comprehensive Plan. 2. Regarding changes in the Ordinance for Senior Housing, Code 1201.03, Subd. 20. 5. ADJOURNMENT Bailey moved, Anderson seconded adjourning the meeting at 9:25 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. e') CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 15, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson, Bailey, Callies, and Collins; Council Liaison O'Neill; and Planning Director Nielsen. APPROVAL OF MINUTES A. Planning Commission Minutes - November 17, 1998 ~ Anderson moved, Bailey seconded approving the Planning Commission Minutes of November 17, 1998, amended as follows: Page 2, Paragraph 1, "It was recommended to accept these as !!Q!!-conforming structures." Page 2, Paragraph 5, "...and parking of RV's would be inappropriate in the neighborhoods." Motion passed 5/0. B. Planning Commission Minutes - December 1, 1998 Anderson moved, Bailey seconded approving the Planning Commission Minutes of December 1, 1998, amended as follows: Page 2, Paragraph 3, "Make the intersection a 'Tee' Intersection." Page 2, Paragraph 9, A...and more information ree:ardine: the cost of the proiect to the City as well as the fundine: for Smithtown Road.".. Motion passed 5/0. 1. 7:00 PUBLIC HEARING - REVISIONS TO LAND USE CHAPTER OF THE COMPREHENSIVE PLAN Planning Director Nielsen reviewed the revisions to the Land Use Chapter of the Comprehensive Plan, and highlighted the significant changes in the proposed land use, also discussing land conservation and open space issues that face Shorewood. Chair Borkon opened the Public Hearing at 7:30 p.m. Bud Koch, 22845 Murray St., expressed concern regarding the de-emphasis on clustering and plan unit development. Mr. Koch pointed out that only 10% of land is left to develop in Shorewood. This causes some concern regarding the availability of space for affordable housing. Mr. Koch also believes that the City being involved in open space is restrictive to building e\ affordable housing by restricting potential open space for development. . PLANNING COMMISSION MINUTES DECEMBER 15,1998 - PAGE 3 public at one time. That is why the Comprehensive Plan was "broken down" this year into separate issues. Not hearing any further public testimony, Chair Borkon closed the public hearing for the Land Use Chapter of the Comprehensive Plan, at 8:45 p.m. Collins moved, Bailey seconded, to accept the Revisions to the Land Use Chapter of the Comprehensive Plan. No vote was taken. Bailey moved, Anderson seconded, to table the motion to accept the Revisions to Land Use Chapter of the Comprehensive Plan. Motion passed 4/1 (Collins opposed). Hearing no further public testimony, Chair Borkon closed the public hearing on the Amendment of Section 1201.03, Subd. 20 of the Zoning Code Relative to Elderly Housing, at 8:50 p.m. Callies moved, Anderson seconded to deny the proposed Amendment of Section 1201.03, Subd. 20 of the Zoning Code Relative to Elderly Housing. No vote was taken. Anderson moved, Bailey seconded, to table the motion to deny the proposed Amendment of Section 1201.03, Subd. 20 of the Zoning Code Relative to Elderly Housing. Motion passed . 3/2 (Callies & Collins opposed). 3. MATTERS FROM THE FLOOR . There were none at this time. 4. REPORTS Commissioner Anderson requested information on the lighting issues at the Mini-storage. Planning Director Nielsen stated that he has discussed hoods for lighting, turning off floodlights at certain times at night, and other ways to correct the problems. A letter citing specific violations will be sent this week to the owners of the Mini-storage, and Nielsen expects cooperation from them on this matter. Commissioner Anderson then mentioned a new sign, near where Pelican Car Company is located, and wondered if this sign is within code. Nielsen replied that there is no permit for such a sign, and staff will look into this matter. Chair Borkon then noted the letters from Laura Turgeon and Kristi Stover, and would like them submitted for review. Commissioner Collins stated he viewed tonight's proceedings as political maneuvering, and inappropriate. Collins stated he would have liked to see some decision be made. . . . PLANNING COMMISSION MINUTES DECEMBER 15,1998 - PAGE 4 Commissioners Bailey and Callies disagreed, as both felt that the public did have their points to make. In particular the timing of these discussions. The public simply does not have the time during the holiday season to give these issues the attention that is needed. 5. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting at 9:00 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. ...........