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1999 planning minutes . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 5, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Callies called the meeting to order at 7:04 p.m. ROLL CALL Present: Acting Chair Callies; Commissioners Anderson, Bailey, Collins; and Planning Director Nielsen Absent: Commission Chair Borkon APPROVAL OF MINUTES Planning Commission Minutes - December 15, 1998 Collins moved, Anderson seconded approving the Planning Commission Minutes of December 15, 1998, as presented. Motion passed 4/0. 1. 7:00 PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT. Aoolicant: Location: Bradley and Penny Bloss 5170 Howards Point Road Planning Director Nielsen reported on the property at 5170 Howards Point Road, which is zoned RI-A, and is about 2 acres in size. This property is subject to a shoreline setback, with an existing boathouse that is presently nonconforming. Nielsen stated that the applicant wishes to add on to the existing home, making an attached garage among other changes. The total square footage would be over 3,000 square feet. Staff recommends approving of the Conditional Use Permit. Acting Chair Callies opened the Public Hearing at 7:10 p.m. Mr. Bloss presented pictures to show the lot. Commissioner Anderson pointed out that a letter was received by one of the neighbors who had no problem with the proposed changes. Mr. Sharratt, the contractor for Mr. Bloss, stated that he believes the structure will meet any standards that the neighborhood may have. . . . PLANNING COMMISSION MINUTES JANUARY 5,1999 - PAGE 2 Commissioner Collins stated some concerns about a later owner of the property using the extended garage space for a home business. Planning Director Nielsen stated that there is a condition in place to make this impossible. Hearing no further public testimony, Acting Chair Callies closed the Public Hearing at 7:15 p.m. Anderson moved, Bailey seconded, to approve the Conditional Use Permit with a note cautioning usage of the garage space as a small business. Motion passed 4/0. Nielsen stated that this issue will go before the City Council on January 25, 1999. STUDY SESSION 2. L-R DISTRICT - DRAFT ORDINANCE This subject was removed from the agenda, and will be ready for discussion for the Study Session on January 19th. 3. MA TTERS FROM THE FLOOR There were none at this time. 4. REPORTS Chair Borkon has chosen not to re-apply for the Planning Commission. The City Council will be appointing new members on January 11, and will need a recommendation for a Chair and Vice Chair. Commissioner Anderson suggested waiting to appoint until there is a full Commission. Acting Chair Callies will cover the position of Chair until these decisions are made. Collins moved, Bailey seconded to approve Commissioner Callies as Chair until a full Commission is appointed. Motion passed 4/0. Commissioner Bailey then pointed out the pros and cons of moving to a seven member Planning Commission. Councilmember Chris Lizee replied that representation is the main issue, and quorum is also an issue in favor of a seven member Commission. Commissioner Bailey pointed out the meeting length is often a detriment to having a seven member Commission, but concedes that arguments in favor are very strong. Commissioner Collins wondered if the appointments were going to be geographical, to represent all locations in Shorewood. Councilmember Lizee was not sure if this is the case. . . . ~ PLANNING COMMISSION MINUTES JANUARY 5,1999 - PAGE 3 Commissioner Bailey then made the suggestion that the Council Liaison position be a rotation, so that all Councilmembers have an opportunity to meet and deal with the Planning Commission. Councilmember Lizee will take this suggestion to the Council. Commissioner Anderson then brought up Ron Johnson's letter. The Planning Commission directed Staff to draft a response letter, and involve the City Attorney in the sending of this letter. Planning Commission also directed Staff to send a copy of the meeting minutes to Mr. Johnson to inform him that the Planning Commission is interested in responding to his problem. The Planning Commission would also welcome an application from him on any changes he would like to make to his property. Commissioner Anderson then requested an update on the sign issue from the last meeting, and any update on the lighting issues. Planning Director Nielsen reported that the copy shop in question has been sent notice, and that they have four illegal signs that must be addressed. Also, the mini-storage has ordered hoods for the lights, and are considering turning the lights off at some time in the night, although this has not been decided as yet. 5. ADJOURNMENT Anderson moved, Bailey seconded adjourning the meeting at 7:40 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 19, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Callies called the meeting to order at 7:04 p.m. ROLL CALL Present: Acting Chair Callies; Commissioners Anderson, Bailey, and Collins; and Planning Director Nielsen. Also present were future Commissioners Donna Woodruff, Laura Turgeon, and Tom Skramstad. Mayor Woody Love, and Councilmembers Garfunkel, Zerby, and Lizee were also in attendance. APPROVAL OF MINUTES Planning Commission Minutes - January 5,1999 Collins moved, Bailey seconded approving the Planning Commission Minutes of January 5, 1999, as presented. Motion passed 4/0. 1. FAREWELL COMMISSIONER DEBORAH BORKON This item was removed from the agenda, as Deborah Borkon was not in attendance. 2. WELCOME NEW PLANNING COMMISSION MEMBERS Planning Director Brad Nielsen introduced new Commissioners Donna Woodruff, Laura Turgeon, and Tom Skramstad. 3. WELCOME CITY COUNCIL MEMBERS Acting Chair Callies introduced the City Councilmembers present, and welcomed them. Mayor Love expressed thanks to the Planning Commission for the invitation to attend the meeting. Acting Chair Callies asked about the Liaison position and it was noted that Councilmember Lizee has been appointed to that position. Callies then suggested a rotation system. Mayor Love stated he would like the liaison position to be firm, but suggested the possibility of rotating a second Councilmember at the meetings. More discussion will be forthcoming on this Issue. . . . PLANNING COMMISSION MINUTES JANUARY 19, 1999 - PAGE 2 Mayor Love then defined the liaison position as an observer, and a facilitator of communication both ways, and not as a "director" of the Planning Commission, unless asked for direction. 4. 1999 WORK PROGRAM Planning Director Nielsen presented a schedule for Planning Commission meetings for 1999, and a preliminary work program (January-June, 1999) for the Planning Commission, and discussed issues involving the Comprehensive Plan; Zoning Ordinances; and Subdivision Ordinances. The skateboard ramp that was built by a citizen of Shorewood was discussed. Nielsen stated that the current Ordinance allows this kind of structure right now. Future discussion on this is needed, and possibly an amendment to the ordinance is in order. Mayor Love expressed concern about how to ease the situation between these two neighbors. Nielsen stated that the parties are currently working on this, and as long as that is the case it may be best for the City to stay out of it, unless mediation is asked for. Also, other City's will be asked if they have had any similar problems, to possibly get some ideas on how Shorewood may wish to proceed with this issue. Bailey asked about the two motions that were tabled last meeting, regarding the Land Use section of the Comprehensive Plan. Nielsen stated the endiNg date for tabled issMes, and 60 days for the Senior Housing and Land Use sections of the Comprehensive Plan, which were tabled at the last meeting, will expire in February. Then that the issue will go directly to the City Council if the Planning Commission does not take action. Anderson suggesting moving up the Comprehensive Plan - Housing section on the Preliminary Work Program at least one meeting, and moving the Transportation section back one meeting, since time is of the essence regarding these issues. Acting Chair Callies then questioned the procedure for the Comprehensive Plan. She would like to see the Planning Commission make the initial changes/suggestions and make recommendations to the City Council. Currently the procedure is for City Council to draft the information, then pass it to the Planning Commission to study and/or change, and finally, send it back to the City Council for a vote. Turgeon stated that having the City Council look at it first has helped in the past, to give the Planning Commission the general direction that the City Council wishes to go with the Comprehensive Plan. MSA funding was discussed, and the question was raised weather the details, rules, and "red tape" that the MSA hinges the funding on makes it worth getting these funds. No consensus was reached on this issue. PLANNING COMMISSION MINUTES JANUARY 19, 1999 - PAGE 3 . Other changes to the Preliminary Work Program were suggested and taken note of by Planning Director Nielsen. 5. REVIEW DRAFT L-R DISTRICT REVISION Planning Director Nielsen summarized the L-R District project that has been before the Planning Commission, and what the intent is of the Ordinance changes. Nielsen also had some input from the owners of Howard's Point Marina, who could not be in attendance, which was very encouraging regarding the Ordinance changes. Mayor Love expressed admiration for the Planning Commission in working with the Marinas to change the Ordinance, and being able to come to understandings on most of the non- conformities. The Marina owners stated intention to be in attendance at the next meeting, and each point will be discussed at that time. Subdivision 12 is still under discussion, and Nielsen will get more information on any rights the City does or does not have regarding use of the facility. The main point being to make certain Shorewood residents have advantages at Marinas located in Shorewood. . 6. MATTERS FROM THE FLOOR There were none at this time. 7. REPORTS Nielsen reported that the Mini-Storage has not received the hoods yet for their lights, and are waiting. Copy Shop tenants are putting together a sign plan, to bring the signage there into compliance. Mayor Love suggested checking into the lighting at the Oasis Market in front of City Hall. Councilmember Lizee suggested checking into the lighting on the model home at Marsh Pointe. Collins moved, Anderson seconded to vote on the Chair and Vice Chair positions available. Motion passed 4/0. Collins moved, Anderson seconded to appoint Paula Callies to position of Chair. Motion passed 4/0. . Bailey moved, Anderson seconded to appoint Pat Collins to position of Vice Chair. Motion passed 3/1 (Collins opposed). PLANNING COMMISSION MINUTES JANUARY 19, 1999 - PAGE 4 . Anderson then suggested to Nielsen that the letter to Mr. Ron Johnson be priority and be sent very soon. Nielsen replied in the affirmative, and stated that he would involve the City Attorney on this issue. Liaison position for the City Council meetings was then assigned as follows: February: March 8: March 22: April: May: Bailey Collins Callies Turgeon Woodruff 5. ADJOURNMENT Anderson moved, Bailey seconded adjourning the meeting at 9:00 p.m. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 2,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Collins called the meeting to order at 7:02 p.m. ROLL CALL Present: Acting Chair Collins; Commissioners Anderson, Bailey, Turgeon and Skramstad; Planning Director Nielsen, and Council Liaison Lizee. Absent: Commissioners Callies and Woodruff APPROVAL OF MINUTES Planning Commission Minutes - January 19, 1999 Anderson moved, Bailey seconded approving the Planning Commission Minutes of January 19, 1999, as amended. Page 2, paragraph 7, change first sentence to read: "Nielsen stated that the 60 days for the Senior Housing and Land Use sections of the Comprehensive Plan, which were tabled at the last meeting, will expire in February, and those issues will go directly to ..." Motion passed 4/0 (Turgeon abstain). 1. PUBLIC HEARING - CUP FOR ACCESSORY SPACE OVER 1200 SO. FT. Applicant: Location: Zelman Levine 20115 Manor Road Nielsen presented the case analysis, presenting a site location map and plans for construction. Staff recommends approval of the Conditional Use Permit. Mr. Robin, representative of Mr. Levine, had no additional comments. Acting Chair Collins opened the Public Hearing at 7:10 p.m. Ms. Norma Peterson, 4755 Regents Walk, wondered if a new driveway was going to be added. Mr. Robin explained the location of the new driveway, and the plans for landscaping. The drive will be directly across from Knightsbridge. Hearing no further public input, Acting Chair Collins closed the Public Hearing at 7:16 p.m. . . . PLANNING COMMISSION MINUTES FEBRUARY 2,1999 - PAGE 2 Bailey questioned why there is a 1200 square foot limit. Qtftef All limits seem to be based on an equation, and proportional to house and/or lot size. Nielsen answered that this amount was arrived at to keep accessory buildings from exceeding the area of the house, as Shorewood moved from primarily agriculture to primarily residential. Bailey asked if there had been any input from the neighborhood on this project. Nielsen stated that the neighbor who is most affected has come in to examine the plans and seemed satisfied with them. Turgeon was concerned with the grade to the secondary garage. Nielsen stated that this driveway was not coming anywhere near the street, and it is not the primary garage, therefore the approximate grade of 10% should not be a problem. Turgeon was also concerned with runoff if this grade is not paved. Mr. Robin stated that this decision has not yet been made, the drive may be paved. Turgeon requested that Engineer Brown check on the grade and runoff problems. Anderson moved, Turgeon seconded to Approve a Conditional Use Permit for Accessory Space over 1200 square feet, subject to the City Engineer checking the grade of the secondary driveway. Motion passed 5/0. 2. PUBLIC HEARING - AMENDMENT TO CUP FOR MINNEWASHTA ELEMENTARY SCHOOL CLASSROOM ADDITION Applicant: Location: Minnetonka School District 276 26350 Smithtown Road Nielsen presented the case analysis, presenting a site location map and plans for construction, screening and landscaping. Staff recommends approval with the following considerations: 1. Applicant present a detailed landscape plan for the East area of the addition 2. School officials submit a plan for handling the overflow parking 3. Minnehaha Creek Watershed District permits are applied for and received 4. Fire Marshall approves the building permit Tom Berge, represeatatiye of Executive Director of Finance and Operations at Minnewashta Elementary, presented information regarding the need for these additional classrooms. Enrollment is at a maximum right now. Boundary lines will be re-structured in the future. Lloyd Law, 26350 Smithtown Road, Principal of Minnewashta Elementary, addressed the overflow parking issue. The area behind the school is a playground area, but can be used for parking. When an event is held, additional information and signs to direct people to this area . . . PLANNING COMMISSION MINUTES FEBRUARY 2,1999 - PAGE 3 will be sent out. This should keep Smithtown Road more open. Gene George, School Grounds and Maintenance Supervisor, stated the playground area IS plowed and kept open. Acting Chair Collins opened the Public Hearing at 7 :44 p.m. Hearing no further Public Input, Acting Chair Collins closed the Public Hearing at 7:45 p.m. Anderson wondered if the four extra classrooms will be enough additional space. Berge stated that support space (cafeteria, media center, etc) in the school does not support any more than four additional classrooms, so this will be the maximum for this school. Anderson asked if there are now, or will be, more students than the school can hold. Berge answered that the lines will be restructured to keep the number of students down. Anderson asked if these additional classrooms will add students, and therefore bus traffic. Berge answered that there will be the same number of students, just more room for them. Turgeon was concerned with parking. She suggested that there be some alternate ideas considered when scheduling events, to keep the large number of cars from trying to fit in the limited space. Turgeon would like the City to add no parking signs about 500 feet from the entrances to school onto Smithtown Road. Anderson questioned the time schedule, and Berge stated that they were planning to have the additional rooms ready for school next fall. Anderson wondered if there was any input from the neighbors of the school, and Nielsen stated there was none. Anderson moved, Bailey seconded to approve the Amendment to CUP for Minnewashta Elementary School Classroom Addition, subject to Staff recommendations. Motion passed 5/0. STUDY SESSION 3. DISCUSS: L-R DISTRICT REVISIONS Nielsen presented the first draft of the revisions to the L-R District. These revisions were found to be consistent with the discussions regarding the L-R District. Discussion followed on all changes, and some changes were agreed upon. More information was needed in some areas. PLANNING COMMISSION MINUTES FEBRUARY 2,1999 - PAGE 4 . Subd.3-B Subd. 3-C Subd. 3-E The square footage of the main structure, 1500 square feet, is not adequate for current structures. 2000 square feet would bring all existing structures into conformity. This change was accepted and will be noted. Storage building area of 750 square feet could be changed to 1200 square feet to match the residential ordinance. This change was accepted and will be noted. Boat rental statement was discussed, but no consensus was reached yet. More information on LMCD regulations regarding boat rentals is needed. Subd.4-B-(5) Strike this section, as this information is presented in more detail later in the ordinance. This change was accepted and will be noted. Subd.5-D Subd.7-H . Subd. 8-G Setback limits from any other public right of way will be not less than 10 feet. Shorewood Yacht Club suggestion of no setback from the railway is not acceptable. This addition was accepted and will be noted. "Property Values" and "Open Space" should be removed from this list. This change was accepted and will be noted. Anderson suggested a paved apron from the paved road to the dirt drive. This will hold down runoff and dirt from the drive. Hennepin County will be consulted on this issue before a consensus can be reached. Subd. 8-G-(5) Food served language needs to be examined. Shorewood Yacht Club requests a common kitchen to be used by members only. No expansion will be accepted to this, but the present area could be accepted. Section will be rewritten to reflect this change and presented at the next discussion of revisions. Subd.8-H-(3) Reduce minimum width from 24 feet to 22 feet to bring Howards Point into compliance. This change was accepted and will be noted. Subd. 9-C-(2) This section is not understood, and Nielsen will look into the original document for clarification. Subd. lO-B Language needs to be changed to indicate that to receive a license, compliance to the CUP is a provision. Current language is too vague in pinpointing the operation of the facility. Anderson would like to plan licenses the same as other licenses in the City, such as tree trimmers and garbage haulers. Renewal will be on a consent agenda rather than a separate public hearing yearly. This change was accepted and will be . noted. . . . PLANNING COMMISSION MINUTES FEBRUARY 2,1999 - PAGE 5 Anderson also asked if the licenses will be transferrable. Consensus was reached that they are not. A new owner would have to re-apply for a license. Subd. 12-C This section may not be legal, or advisable, to include in an Ordinance. Possibly give a general business statement that encourages Shorewood residents being offered first chance. More information is needed to reach a consensus. Nielsen then questioned the next step. He stated that Public Meetings, Open House, or Public Hearings are some options. Anderson suggested getting the final input from the marinas first. The revised draft will be reviewed on March 16th, and a neighborhood meeting could be held before the Planning Commission meeting (4:30-7:00 p.m.). 4. MATTERS FROM THE FLOOR There were none at this time. 5. REPORTS Bailey asked Mayor Love for information on the Special Meeting regarding Eagle Crest. Mayor Love highlighted the changes presented by Eagle Crest, and Nielsen added his knowledge of the changes. Mayor Love stated that the Court decision is being held until February 23, to see if a settlement is possible. Nielsen then recapped the letter sent to Mr. Ron Johnson by the City Attorney. No reply has been received at this point. Nielsen also reminded the Commissioners to bring in their code books to be updated. 6. ADJOURNMENT Turgeon moved, Anderson seconded adjourning the meeting at 9:50 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 16, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Anderson, Bailey, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, and Council Liaison Lizee. APPROVAL OF MINUTES Planning Commission Minutes - February 2, 1999 Commissioner Bailey moved, Commission Anderson seconded approving the Planning Commission Minutes of February 2, 1999, as amended on Page 2, Paragraph 1, "...square foot limit. All limits seem..." Page 2, Paragraph 11, "Tom Ber2e. Executive Director of Finance and ODerations at Minnewashta Elementary..." Page 3, Paragraph 2, "Gene George, Grounds and Maintenance Supervisor..." Page 3, Paragraph 6, correct spelling of Berge. Page 3, Paragraph 7, "...more students than the school..." Page 4, Last Paragraph, correct typing error in first line. Motion passed 7/0. 1. REVIEW 2ND DRAFT OF L-R DISTRICT REVISIONS John Cross, owner of the Shorewood Yacht Club, addressed the Commissioners in regard to his concerns on the second draft of L-R District revisions. Mr. Cross stated he had a few concerns but all were discussed and compromises made that were acceptable to both Mr. Cross and the Planning Commission. Planning Director Nielsen pointed out that the only area that is a problem regarding screening is the area of the Shorewood Yacht Club that is on the trail. He advised that more discussion is needed on what is required but the language regarding screening on the street is firm. Planning Director Nielsen stated that the purpose of the discussion tonight is to produce a document that can be presented to the public at a neighborhood meeting in March. Mr. Cross stated a concern about the license being non-transferable. His concern is that heirs may not be able to continue the business if he is not able. . . PLANNING COMMISSION MINUTES FEBRUARY 16, 1999 - PAGE 2 Commissioner Anderson pointed out that the primary reason for this decision is to make sure that any new owners enter the business with full knowledge of all criteria to receive the license. No other concerns were brought up, and Planning Director Nielsen stated he will have a final draft available to present at the neighborhood meeting in March. 2. REVIEW OF ZONING CODE RE: RECREATIONAL STRUCTURES/ EOUIPMENT Planning Director Nielsen presented pictures of the skateboard ramp that is currently a point of contention. He also questioned whether any decision made can be retroactive to include this ramp. Planning Director Nielsen had two suggestions that would possibly keep this situation from . . . arIsmg agam: 1. Change the Ordinance to specify that recreational structures be placed in the rear yard. 2. Add a provision stating that any recreational structure cannot be closer to someone else's house than it is to the owner's house. Planning Director Nielsen also suggested dealing with this problem by using the Nuisance Ordinance, and indicated he will also present this information to the City Attorney. Ron Smith, 20445 Radisson Inn Road, addressed the Commission stating his concerns about this particular problem. Mr. Smith presented a drawing showing that the skateboard ramp is directly in front of his house. Commissioner Anderson asked Mr. Smith if he has approached the owner of the ramp about this problem. Mr. Smith stated he has sent a letter but has not received a reply. He stated that he does not expect to receive a reply. He pointed out that the ramp has become a meeting place for large groups of kids, especially in the evening and later into the night. Commissioner Collins suggested checking into the curfew laws for this problem. Chair Callies noted that "recreational structure" needs to be more defined in the Zoning Code. She stated that a skateboard ramp may not fall under that category. Mr. Smith then pointed out that this type of recreation creates a large amount of noise, as well. Planning Director Nielsen again stated that the Nuisance Ordinance is probably the best way to deal with this problem. The Commission agreed. . Commissioner Skramstad asked if other cities have addressed this issue. PLANNING COMMISSION MINUTES FEBRUARY 16, 1999 - PAGE 3 . Planning Director Nielsen stated that the other cities he had questioned have not had these problems as of yet. Chair Callies asked if there was any consensus on this issue. Commissioner Turgeon stated that as far as this single issue, she would like to see it approached from a nuisance point of view. Commissioner Anderson noted that noise pollution could be a factor in this case and could be a basis for defining the structure as a nuisance. Commissioner Bailey suggested establishing size limitations on recreational structures located in the front yard. He stated that this way the City is not prohibiting them from the front yard completely, but large structures, such as the ramp, would be prohibited. Commissioner Collins stated he feels that this kind of revision would infringe on personal property rights. Commissioner Anderson questioned setbacks for different yard areas, for example if someone's front yard faces the neighbor's side yard, would the setback then be different. . Planning Director Nielsen stated he will give the information on the skateboard ramp to the City Attorney to be investigated for violation of the Nuisance Ordinance, and to determine whether any Ordinance change could being retroactive, or amortized. Staff was directed to further study the Zoning Ordinance for recreational structures. The Planning Commission will consider different options for possibly revising the Ordinance at their next meeting. 3. DISCUSSION OF CO. RD. 19/COUNTRY CLUB RD. INTERSECTION PROPOSAL Engineer Brown reported on the status of the County Road 19/Country Club Road intersection proposal. He recapped the alternatives for the benefit of the new Commissioners and then addressed the major concerns that were raised at the last a prior Planning Commission meeting. Engineer Brown broke down the costs and stated that Municipal State Aid funds are available. He noted that the State has recently sent a memo that states the City must "use it or lose it." He explained that he will reply to the State with Shorewood's intention to improve this intersection. The Commission stated concern on what the City is getting for their money, and how the intersection will operate after the improvements. Engineer Brown presented a queue analysis for the intersection, concentrating on the line of cars on southbound County Road 19. He noted that Alternative #3 shortens the queue drastically. Engineer Brown explained that a signal will also dispel the confusion at that intersection when cars on southbound County Road 19 do not have to . stop. . . . PLANNING COMMISSION MINUTES FEBRUARY 16, 1999 - PAGE 4 The last concern addressed was how much cut through traffic is headed for County Road 41. Engineer Brown stated that a study had been done and determined that approximately 43% of the cut through traffic went to County Roads 41 or 7. Planning Director Nielsen stated that an open house is scheduled for March 4th. Commissioner Turgeon questioned what will happen to the liquor store and how Tonka Bay has responded to this. Engineer Brown stated that last week he presented the alternatives to Tonka Bay and they were more inclined toward Alternative #1 or #2. He stated they had concerns about redirecting the cut through traffic which they believe may create traffic problems elsewhere, such as County Road 19 and Water Street, or County Roads 19 and 7. 4. COMPREHENSIVE PLAN - SENIOR HOUSING Planning Director Nielsen stated that no new information exists on the Comprehensive Plan, Senior Housing section, as the City Council did not discuss this at their last meeting. He stated he would like to remove this item from the agenda so that it can be discussed again in March. In closing, Planning Director Nielsen stated that the City Council agreed to settle the Eagle Crest suit with a smaller number of units, from 80 to 60-62, as a maximum. 5. MATTERS FROM THE FLOOR There were none at this time. 6. REPORTS There were none at this time. 7. ADJOURNMENT Commissioner Collins moved, Commissioner Bailey seconded adjourning the meeting at 9:05 p.m. Motion passed 7/0. 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, MARCH 2,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Anderson, Bailey, Skramstad, Turgeon and Woodruff; Planning Director Nielsen, Council Liaison Lizee, and Park Commission Liaison Bill Colopoulos.. APPROVAL OF MINUTES Planning Commission Minutes - February 16, 1999 . Collins moved, Anderson seconded approving the Planning Commission Minutes of February 16, 1999, as amended. Page 2, Paragraph 4, change "that" to "than"; Page 2, Paragraph 5, change "present also" to "also present"; Page 3, Paragraph 9, "...options for possibly revising the..."; Page 3, #3, Paragraph 1, "... were raised at a prior Planning Commission..." Motion passed 7/0. 1. COMPREHENSIVE PLAN - HOUSING - SENIOR HOUSING Planning Director Nielsen recapped the current zoning ordinance for Senior Housing, pointing out some of the reasoning behind the existing rules and some of the questions and concerns that were brought up by the public at City Council meetings. He stated that this section was pulled out of Land Use and added to the Housing Chapter of the Comprehensive Plan. Commissioner Bailey wondered what all is included in the Housing Chapter. Planning Director Nielsen stated that the Housing Chapter covers all housing, with special attention on affordable housing, and now Senior housing. He also pointed out that there is very little land left in Shorewood to develop. Chair Callies asked for opinions on what the Planning Commission thinks is the best way to proceed. Commissioner Anderson noted that the current map identifies sites, and this probably should not be included in a long term document, as it is always changing. He asked how many Senior . Housing units are in Shorewood right now. . . . PLANNING COMMISSION MINUTES MARCH 2,1999 - PAGE 2 Planning Director Nielsen stated that there are 24 existing Senior Housing units right now, and Eagle Crest will add 62. Commissioner Woodruff questioned if these were defined as affordable housing also. Planning Director Nielsen answered that the existing units do not fall into that category, but the Eagle Crest units will. Chair Callies stated she would like to see a broader approach to housing, rather than concentrating on Senior Housing. Commissioner Turgeon questioned the need in Shorewood for additional Senior housing. Commissioner Woodruff asked if Senior housing has to be addressed for the Metropolitan Council. Chair Callies stated it does not, but affordable housing is what the Metropolitan Council is more concerned with. She asked if a study was needed to find out if more Senior housing is needed. Commissioner Turgeon suggested taking Senior housing out as a goal, but leave it in the Ordinance so that a Conditional Use Permit would need to be applied for. Planning Director Nielsen suggested keeping the Conditional Use Permit option, but narrowing down the number of sites to only the most suitable. Commissioner Turgeon asked if there was time to do a study before the Comprehensive Plan needs to be done. Planning Director Nielsen stated there is not enough time, but beginning the process is proof that the problem is being looked into, and that may suffice. Commissioner Anderson questioned what external pressures are being placed on Shorewood right now for more Senior housing. Planning Director Nielsen stated that the Metropolitan Council Livable Communities Act had stated 60 units, and with Eagle Crest, Shorewood has met that goal. Commissioner Anderson then stated that since there are no external pressures, the next logical step would be to find out what the community wants and needs. Chair Callies then stated that the goal in the Comprehensive Plan can be rephrased, stating that the Livable Communities goal has been met, and now the Planning Commission will begin a study to find out what additional wants and needs exist. . . . PLANNING COMMISSION MINUTES MARCH 2,1999 - PAGE 3 Commissioner Anderson then questioned what will happen in June or July, when the moratorium expires. Planning Director Nielsen stated that a Conditional Use Permit is required even after the moratorium expires. Also, the moratorium can be extended again if necessary. Chair Callies stated that the Ordinance can always be amended, regardless of the timing for the Comprehensive Plan. Commissioner Turgeon stated that the Ordinance needs to primarily restrict the density. Commissioner Anderson suggested checking into what neighboring communities are doing as pertains to affordable housing and/or Senior housing. Chair Callies questioned what the City Council is looking for from the Planning Commission as pertains to this section of the Comprehensive Plan. Council Liaison Lizee stated that determining need in the community would be the first question. Chair Callies then asked whether the language in the Ordinance should be changed, or should the moratorium be allowed to expire. Commissioner Anderson suggested changing the language in the Ordinance and letting the moratorium expire. Anderson suggested making the language fairly strict until a needs study is done, then the Planning Commission can change the Ordinance again if needed. Chair Callies agrees, as does Commissioner Collins. Commissioner Bailey suggested continuing the moratorium until a needs study is done, to avoid any "accidents". Commissioner Turgeon agrees, as do Commissioners Skramstad and Woodruff. Chair Callies stated that the decision is 4 to 3 in favor of extending the moratorium and beginning a needs study. This decision will be given to the City Council for consideration. Planning Director Nielsen stated that the Comprehensive Plan change could be to note that the current goal has been met, and a needs study is now to be done to see what Ordinance changes, if any, are indicated. Direction from the City Council is the next step so that an outside Company can be chosen to begin the study process. Park Liaison Colopoulos stated that the Company used by the Parks Commission for their study was very good, but seemed very specific to Parks. Council Liaison Lizee stated she would present the Planning Commission recommendation to the City Council at the next meeting. . . . PLANNING COMMISSION MINUTES MARCH 2,1999 - PAGE 4 Chair Callies then questioned if the study should be much broader this time, not just referring to Senior housing, but searching for housing needs in general for Seniors, young people, apartments, and any other concerns. Commissioner Anderson stated that a survey is needed for housing. He noted that possibly no special groups would be targeted, but a study based on the entire communities needs in Shorewood would be appropriate. Chair Callies suggested gathering information on any eXIstmg housing studies that can be tailored to Shorewood, rather than starting from scratch. The Commission agreed that more discussion is needed, information gathered by Staff, and some direction from the City Council before the Planning Commission can proceed. 2. MATTERS FROM THE FLOOR Bill Colopoulos introduced himself as Park Liaison, and questioned the Planning Commission on a boundary issue that the Parks Commission had sent to the City Council. Planning Director Nielsen stated that the issue was looked at, and a letter is being drafted addressing the issue. 3. REPORTS Commissioner Anderson asked if there was any development starting, and if the volume of building permits has increased at all. Planning Director Nielsen stated that nothing is happening at present, as road restrictions are in effect until May 1, and building permits are not as high as previous years, and there are currently no large projects. Chair Callies suggested creating a draft agenda be done at each meeting for the next meeting. 4. ADJOURNMENT Turgeon moved, Bailey seconded adjourning the meeting at 8:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 16, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Anderson, Bailey, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, and Council Liaison Lizee APPROVAL OF MINUTES Planning Commission Minutes - March 2, 1999 . Collins moved, Anderson seconded approving the Planning Commission Minutes of March 2, 1999, as amended. (Amendments noted by Nielsen) Motion passed 7/0. STUDY SESSION 1. DISCUSS PUBLIC INPUT FROM L-R DISTRICT OPEN HOUSE Chair Callies presented the summary of the comments made at the open house. The largest concern seemed to be screening from the east. The neon-colored tarps used over the boats in storage was pointed out as an eyesore. Planning Director Nielsen pointed out that the Ordinance does address screening. Representatives of the Shorewood Yacht Club and Howards Point stated they would discuss the colored tarps. Chair Callies stated that there would be a public hearing, possibly on the first Tuesday in May. The comments received will be incorporated into the Ordinance before then. 2. DISCUSS REGULATIONS RE: RECREATIONAL STRUCTURESIEOUIPMENT Planning Director Nielsen recapped the current Ordinance as it pertains to the skateboard ramp, and the Nuisance Code that was thought to be a better approach. The City Attorney gave Nielsen suggestions on dealing with this structure. The first suggestion was to require a permit for any . construction of recreational structures in a front or side yard. The City Attorney stated that . . . PLANNING COMMISSION MINUTES MARCH 16, 1999 - PAGE 2 changing this Ordinance can be made retroactive, since the change would not take away any right to have the structure, only where it can be placed on the property. Nielsen also reported that the general feeling of citizens when presented with this particular structure is alarm that it is allowed under the current Ordinance. Commissioner Woodruff stated she disagrees with making rules in regard to location of recreational structures. Planning Director Nielsen reported that the City Attorney stated the structures could only be examined on a complaint basis. Chair Callies suggested making a draft and presenting the changes in writing for the Planning Commission to examine. 3. COMPREHENSIVE PLAN Housing Chapter Land Use Natural Resources Planning Director Nielsen recapped the available information that has been received by past studies. Nielsen then stated that he was not sure that an additional study is necessary. However, specifying sites for senior housing seems to be a very good idea. Also, the LMACC report can be used to identify the elements that the Metropolitan Council is looking for. Chair Callies stated that some action needs to be taken on the Housing Chapter. Commissioner Anderson asked if there was a base document that could be used. Planning Director Nielsen answered that there is, but it is approximately 20 years old and could be used for an outline, but specific information is very out of date. Chair Callies noted that the goals in the current Comprehensive Plan have been met. Planning Director Nielsen pointed out that there is not a lot of direction to go in Shorewood and the approach to the Metropolitan Council could be that Shorewood land use and housing should, possibly, be looked at in conjunction with Excelsior and other nearby communities. Chair Callies disagreed and stated she believes that all separate communities need to be accountable. Commissioner Bailey then made some suggestion in changing the Ordinance. Chair Callies pointed out that the Zoning Ordinance is not on the agenda and there is a concern about public notification before making changes on the Ordinance. . . . PLANNING COMMISSION MINUTES MARCH 16, 1999 - PAGE 3 Commissioner Turgeon stated she does not think that an entire study is needed, as the information seems to already be available but senior housing is a subject that needs to be discussed. Planning Director Nielsen then pointed out that the Ordinance, senior housing, and affordable housing is all intertwined and needs to be examined as a whole. Specific sites that may be acceptable for senior housing can be listed and high density senior housing would not be considered at any other site. Commissioner Turgeon stated that the density issue seems to be the largest concern for citizens. Turgeon would also like to change the Ordinance rather than extend the moratorium. Commissioner Anderson would like to take stock of housing in conjunction with the surrounding communities as shopping, fire protection, police protection, etc. is run in conjunction with those communities. Commissioner Woodruff suggested addressing the land conservation Issue III the housing chapter, by possibly restricting building in some areas. Planning Director Nielsen pointed out that if the City restricted building it would have to buy the land as they cannot deny the owner use of their land. The City cannot afford to buy all the land that is still open in Shorewood to restrict building on it. Commissioner Anderson questioned what ramifications there would be if a community does not comply with the Metropolitan Council. Planning Director Nielsen stated there is very little that they can do beyond making various funding more easily accessible for communities that do comply. Nielsen then stated he would draft a change to the Ordinance and present it at the next meeting. Nielsen also presented a list of suggestions made regarding the Land Use and Natural Resources sections, to be discussed at the next meeting. Commissioner Turgeon brought up the reforestation project, stating that in some cases too many trees are required in an area, which can be just as damaging as not enough trees. Planning Director Nielsen stated that a contractor is also given a choice to add trees to nearby public lands and the idea of a fund where money can be paid, rather than trees replaced, has been briefly discussed. The City could then access these funds for trees where they are needed. There is no language in the present Ordinance setting up this fund, but there is a provision in the Natural Resources Chapter of the Comprehensive Plan to add the fund to the Ordinance, it just needs to be done. He advised that developers seem to favor a fund rather than putting in additional trees where they may then be overcrowded. This Ordinance change can be discussed next month. . . . PLANNING COMMISSION MINUTES MARCH 16, 1999 - PAGE 4 4. MA TTERS FROM THE FLOOR One citizen present stated that she believes the community does not need to be all things to all people. When considering affordable or senior housing, the support services needed should be nearby. If they are not, having the housing available does not help the people. She also expressed concern over affordable housing and whether or not Shorewood had support services for this type of housing. Planning Director Nielsen then explained the difference between affordable housing and low income housing, as the two are often perceived as the same thing. 5. DRAFT AGENDA April 20 Study Session to include: Recreational Structures Draft Housing Chapters Draft Zoning Ordinance Draft 6. REPORTS None at this time. 7. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting at 8:35 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 6, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Anderson, Bailey, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, City Engineer Larry Brown, and Council Liaison Christine Lizee APPROVAL OF MINUTES Planning Commission Minutes - March 16, 1999 Collins moved, Anderson seconded approving the Planning Commission Minutes of March 16,1999, as presented. Motion passed 7/0. 1. 7:00 P.M. PUBLIC HEARING - PRELIMINARY PLAT - SHOREWOOD PONDS ADDlicant: Eagle Crest Northwest, Inc. Location: Northwest quadrant of Highway 7 and Eureka Road Planning Director Nielsen presented a map of the subject property. The original proposal in 1997 was for 80 units, which was turned down. After a law suit, the accepted proposal is for 62 units. Nielsen then presented a site development plan including (15) four unit structures and (1) two unit structure. The wetland buffer has been preserved. The Staff report shows 17 conditions as a result of the lawsuit. Nielsen explained if and how the proposal complies with each of these issues. Nielsen also briefly explained some of the plans and proposals that have been brought before the Park Commission in regard to the ballfields at Freeman Park, and walking trails along Eureka Road to the wetlands at Freeman Park. The Park Commission has given some recommendations, and is still considering proposals on some issues. There are two small wetland areas that Eagle Crest proposes to fill and they propose to add wetland to another area. This will require Minnehaha Creek Watershed District approval. It was noted the 62 year old age restriction has yet to be added to the protective covenants of this project. Staff has not accepted the landscape plan, as it does not meet the specifications required by Shorewood. In particular, tree preservation and the landscaping for each unit appears to be too sparse. Some of the units extend into the setback, and this needs to be addressed. PLANNING COMMISSION MINUTES APRIL 6,1999. PAGE 2 . Staff recommends that the development plans be tabled so the developers can address these issues, make changes by the April 20 meeting, and still be on schedule for the City Council. Chair Callies pointed out that the issue tonight is if this development plan is consistent with the concept plan, and asked if this development plan corrects the issues at Freeman Park. Planning Director Nielsen answered that it would depend on what the Park Commission may decide to do in regard to the changes to Freeman Park. Those changes may require the development plan to be redrawn. However, the concept plan does not address this issue, so the Planning Commission is not bound by it. Engineer Brown addressed the issues of drainage, sewer, and water as set forth in his written report. Brown also addressed some of the concerns regarding Freeman Park and advised that changes there may cause parking problems, with vehicles being parked directly behind, and close to, the rear yards of the plat. Also, parking along public and private roads within this project is a concern. Brown addressed the problem of fire protection, noting the water system is not adequate for this area. The system is being looked at and alternatives are in the process of being quoted. These quotes are not available as yet. In addition, funding options are being researched. . Engineer Brown discussed the Highway 7 access closures that MNDOT has specified. Staff was concerned about the amount of traffic that would be traveling on the new public road. Brown believes that closing part of Reutiman Lane is the best alternative. As part of these closures, a turning lane to Eureka Road has been proposed. Bill Gleason, representing Eagle Crest, stated that the recommendation to table is agreed with. He indicated they have some adjustments that need to be made which he believes can be done by the April 13 deadline. Chair Callies opened the Public Hearing at 7:30 p.m. Katie Snyder, 5985 Eureka Road, stated that she has objected to this project for many years. Ms. Snyder indicated she is not convinced that there are enough elderly citizens of Shorewood to fill this project. Also, of the 5 or 6 sites that were considered, this one was chosen, and she does not agree with that decision. Ms. Snyder stated it is not the senior housing that she objects to, but the density. She also does not believe that this is a good site for seniors, as the ballfields are full of kids, and the streets will be full of traffic all summer. Ms. Snyder stated she foresees extreme traffic problems. Bob Osha, 25840 Highway 7, stated he is very concerned about the closure of the access road, as it seems it will cut off his driveway which is directly off that access road. . Engineer Brown advised that the road will still be plowed to his driveway, even if the other end is closed. Mr. Osha asked if he can get that in writing. Planning Director Nielsen stated that he could. PLANNING COMMISSION MINUTES APRIL 6, 1999 - PAGE 3 . Engineer Brown stated that the access road will be plowed when the City plows the parking lot, all the way to the end of Mr. Osha's driveway. Mr. Osha then stated that he agrees with Ms. Snyder's predictions on traffic problems and noted there is a problem on his side of Freeman Park with foul balls. Commissioner Turgeon asked if the foul ball problem had been brought to the attention of the Park Commission. Upon hearing a negative answer from Mr. Osha, she suggested that this be done as soon as possible, as that Commission deals with these issues. Molly Siverts, 26030 Shorewood Oaks Drive, stated she just moved to Shorewood Oaks as of October, 1998. She commented that traffic is a big problem now and she believes that the traffic problems in the future will be a nightmare. Ms. Siverts also thinks that children will be running through the subdivision a lot, and she worries about people getting hit, especially after any event at Freeman Park. Ms. Siverts asked what will happen if these units don't sell. She also inquired regarding the price ranges and whether there are a lot of seniors waiting for housing in Shorewood. Since this development has been limited to a particular class of people, Ms. Siverts indicated she is concerned about these units being sold. Ms. Siverts then touched again briefly on the traffic problems that she foresees. . Bob Gleason of Eagle Crest addressed the questions regarding people buying these units. He advised the cost is estimated to be around $120,000. Also, his experience is that there are many seniors in need of housing and he is not concerned that the units will not fill. As far as traffic concerns, Mr. Gleason pointed out that most of the seniors will be retired and don't have to be on the road at peak rush hours. Commissioner Turgeon expressed concern about the covenant covering renters and asked how exactly it restricts residents to 62 years and older. Planning Director Nielsen stated that anyone, of any age, can own these units. However, occupants must be 62 and over. Mr. Gleason then addressed the parking issue and stated that parking was not an issue in past projects, as most units are occupied by a single resident or a couple with one car. Historically this has not been an issue. Commissioner Anderson asked Mr. Gleason if all people on the waiting list (approximately 30 people) for these units are Shorewood residents. Mr. Gleason replied that most are as they did not advertise anywhere else for this project. J an Conant, 26050 Shorewood Oaks Drive, stated concerns about traffic and parking problems. . Ms. Conant stated she would like the park to be changed because she sees no respect from the PLANNING COMMISSION MINUTES APRIL 6, 1999 - PAGE 4 . people using the parks for the surrounding property owners and she is concerned about the treatment of the seniors by these same people. Ms. Conant expressed great concern about the cost of the units and whether or not the senior housing will stay senior housing, or will be opened up to low-income families if not filled with seniors. Planning Director Nielsen stated that the covenant is for 30 years and the City is a signatory on this covenant. Therefore, it cannot be changed without City approval. John Healey, 26040 Shorewood Oaks Drive, asserted that the neighborhood will be inundated with cars from the new project and indicated he also has extreme concerns about the traffic at Freeman Park. Mr. Healey stated that he does not believe senior housing is necessary in this area and believes that this project will turn into subsidized housing. Mike Agnew, 6065 Eureka Road, asked if the water issues had been approved before the concept approval. Engineer Brown stated that the water tower being built changed the pressure. The water tower was expected to add enough pressure to the existing system, but it did not. Mr. Agnew brought up traffic concerns and objected to the closure of the access road. Engineer Brown stated that MNDOT is insisting that the access road be closed. . Mr. Agnew asked if there will be a gas main under Eureka Road. Engineer Brown stated that this is still in the beginning stages and it is not known at this time which alternatives will be the most viable. Mr. Agnew questioned whether there is a plan to widen Eureka Road. Engineer Brown stated there is no plan at this time. Keith Monjacks, 6140 Pleasant Avenue, indicated concerns about the access closure and the additional traffic that will be generated on the other side of the Eagle Crest project. Mr. Monjacks stated that he would like to see the number of units reduced to approximately 45, as it seems this amount would be better suited to the space. Bud Koch, Murray Street, stated that he supports this project. Mr. Koch first addressed the accusations of greed that had been leveled this evening at the developers. Mr. Koch talked about all of the communities in Shorewood and the fact that these communities were built for profit. The contractors are in business and it is the goal of business to make a profit, having little to do with greed. Mr. Koch expressed concern that all the restrictions that have been placed on the project is going to drive up the price of the units. Mr. Koch stated that this project cannot be just for Shorewood, but for neighboring communities as well. He pointed out that two years ago, when meetings started, people who came were very excited and interested. In regard to the people who would be living there, Mr. Koch stated he believes a lot of them are people who built . this community and wish to stay. Mr. Koch also commented that senior citizens are not looking PLANNING COMMISSION MINUTES APRIL 6, 1999 - PAGE 5 . for something for nothing, and most people are not going to be cripples who cannot drive and will be running over people. Gordon Lindstrom, 23680 McClean Road, stated that to change the configuration of the ball fields at Freeman Park, more land is needed on the east side, where Eagle Crest is building. He stated this means there would have to be 2 fewer units. Mr. Lindstrom indicated he believes that there are many advantages to this proposal that would outweigh the loss. Commissioner Anderson questioned if the Park Commission was looking at these proposals. Planning Director Nielsen responded that they are, but no action has been taken yet. Commissioner Turgeon asked if the field can be changed to a little league field so foul balls are much less of a problem. She suggested the Babe Ruth field could then be moved to another location. Mr. Lindstrom stated that the problem would still exist, it would just be moved unless more land is available. Chair Callies closed the Public Hearing at 8:50 p.m. . If the subject is tabled tonight, Planning Director Nielsen suggested re-opening the public hearing for the unresolved issues at the April 20 meeting. Commissioner Turgeon stated that Mr. Monjacks brought up a good point regarding the road going into this project being a loop and asked if this was included in the concept stage. Planning Director Nielsen stated that it was included. Commissioner Woodruff asked if the answers from the Watershed District will be received by the April 20 meeting. Planning Director Nielsen stated probably not, but the whole proposal needs to be redone anyway if they do not approve it. Commissioner Collins addressed some of the specific comments heard from the public tonight and stated that the Park Commission and tax issues need to be taken to the correct Commission in order to affect change. Anderson moved, Turgeon seconded to table the discussion of the Preliminary Plat - Shorewood Ponds - to the April 20, 1999 Planning Commission Meeting. Motion passed 6/1 (Collins opposed). . . . . PLANNING COMMISSION MINUTES APRIL 6,1999 - PAGE 6 2. STUDY SESSION Land Use Natural Resources Planning Director Nielsen stated that the City Council did not discuss these two chapters yet. Chair Callies asked if the Planning Commission would have to discuss them again after the Council discussion. Council Liaison Lizee answered yes, almost certainly. Planning Director Nielsen stated that he will suggest to the City Council that the Comprehensive Plan be extended another 30 days, and move the neighborhood meetings out also until more information can be presented. Anderson moved, Collins seconded, to table discussion of the Land Use and Natural Resources chapters of the Comprehensive Plan to the April 20, 1999 Planning Commission meeting, time permitting. Motion passed 7/0. 3. MATTERS FROM THE FLOOR There were none at this time. 4. DRAFT AGENDA April 20 Meeting to include: Eagle Crest follow up* Land Use and Natural Resources Discussion Recreational Structures Draft *Commissioner Skramstad suggested a short presentation on the history of this project and a firm direction for the subjects to be discussed, before opening the public hearing. 5. REPORTS There were none at this time. 7. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting at 9:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, APRIL 20, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7 :03 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Anderson, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, and Council Liaison Christine Lizee Absent: Commissioner Bailey APPROVAL OF MINUTES Planning Commission Minutes - April 6, 1999 Turgeon moved, Anderson seconded approving the Planning Commission Minutes of April 6, 1999, as amended: Page 2, Paragraph 5, correct spelling of Reutiman Lane. Page 2, Paragraph 6, "...the recommendation to table is...". Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING - PRELIMINARY PLAT - SHOREWOOD PONDS (Continued from Planning Commission Meeting of 6 April 1999) Auulicant: Location: Eagle Crest Northwest, Inc. Northwest quadrant of Highway 7 and Eureka Road Skramstad moved, Anderson seconded, to remove the discussion of the preliminary plat - Shorewood Ponds from the table. Motion passed 6/0. Planning Director Nielsen presented a brief history of the Eagle Crest project. The concept stage has been approved by the Council and the project is now at the development stage. Final Plans and the Development Agreement are in the last stage, which has many elements the City will be involved in, especially ensuring that some restrictions are long term, such as the age restriction. Tree preservation was the primary concern that was continued from the last meeting. Nielsen stated he has talked to the landscape architect and spent time at the site. The tree preservation plan at this point is very realistic and acceptable. Nielsen presented the updated landscape plan and reviewed parking issues that had been discussed, stating there is very adequate daily-need parking for each unit. He explained that there are a couple of ways to handle on-street or . . . PLANNING COMMISSION MINUTES APRIL 20,1999 - PAGE 2 overflow parking. This can be determined at a later date. A walking trail is also proposed, which does encroach a bit into the wetland buffer, but is acceptable with the present Ordinance. One of the things that came up at the last Park Commission meeting by Mr. Osha, a neighbor who shares the driveway with the Freeman Park access, is his concern about the closing of the access to Highway 7. HennepiB County MNDOT has been approached regarding the subject of moving Mr. Osha's driveway directly access onto Highway 7. Nielsen stated that the Minnehaha Creek Watershed District will not consider any plans presented by Eagle Crest until approval by the City is obtained. Anything done at the City level should be contingent on Watershed District approval. Nielsen suggested that in the development agreement, a provision for fencing be included in case future residents do want to install privacy fencing. Nielsen pointed out that many of the trees at this site are suitable for transplanting, and this will be done especially with the evergreen trees that can provide screening. Also, much more screening has been added to buffer the units from Freeman Park. Staff recommends approval with recommendations as reported on by Nielsen, and indicated in the memo from Nielsen regarding Shorewood Ponds - Revised Development Stage Plans, dated 15 April 1999. Commissioner Woodruff questioned what happens to the trees that are not transplanted. Planning Director Nielsen answered that this would be left up to the contractor, but there is enough space to transplant all the trees if that is their decision. Commissioner Anderson expressed some concern over the age-resident workiBg wording, as it seems very brief, and questioned if that was all there needs to be included. Planning Director Nielsen stated he would discuss this language with the City Attorney, in regard to extending the duration beyond the 30 years. Also, the City is a signatory, so the City does have authority to approve or not approve changes. Bill Gleason, a representative of Eagle Crest, stated he does have more extensive wording that will be given to the City. Also, the developer will be financing the utilities themselves. In regard to water, the City of Chanhassen is willing to cooperate with water for emergency situations. Planning Director Nielsen stated that the City Engineer has approximately four different alternatives to providing water to this area, including two options of looping the system, which will improve water service to the entire area. The City Engineer is conducting a feasibility study for the different alternatives, and the decision will then go to the City Council. Chair Callies opened the Public Hearing at 7 :40 p.m. . . . PLANNING COMMISSION MINUTES APRIL 20,1999 - PAGE 3 Mary Lou Swenson, 2475 Amlee Road, stated concern regarding the access road to Freeman Park and asked if there was any way that road could be closed to motorized traffic, becoming pedestrian only. Hearing no further testimony, Chair Callies closed the Public Hearing at 7:45 p.m. Commissioner Anderson stated that Highway 7 and Eureka Road traffic was a large concern at the last public hearing, and questioned if there is any long-range plan of what to do with that intersection. Nielsen answered that the present design does recognize the changes and traffic studies have been done. They have barricaded the roads off in an attempt to see where the traffic will go when the roads are closed in order to design changes for the future when proposed roads do close. Commissioner Anderson asked if there was potential for widening Highway 7 at any point. Planning Director Nielsen stated studies are being done, and it is possible but not likely as MNDOT has stated there are no funds for that project and possibly will not be funding for 20 years. He noted that other options are being considered to relieve the traffic congestion. Commissioner Turgeon stated that the landscaping plan looks great, but she has seme a concerns- about the new road bet\yeen through the project aftEl into Freeman Park.. Alse, This road may not need t<.> be 'advertised' as a park entrance. Planning Director Nielsefl strongly recommended having this road be used for traffic so cars headed for the south end of the park don't haye to go all the vlay around on Eureka. He advised that the alternatives are being diseMssed by the Park Commission now. Turgeon would not like to see the south end of the existing park road (Reutiman Lane) paved and with traffic, would like to see that section of the road for pedestrian traffic only. Commissioner Turgeon stated she still objects to cars being on that section of road, as it is too close to the backs of these houses. She noted that pedestrian traffic only would not cause a hardship to reaching the south end of the park. Commissioner Anderson asked if a street lighting plan exists. Planning Director Nielsen stated that carriage lights on the fronts of the garages is all that is planned right now, as neighbors were concerned about not wanting to light up the area. Street lighting in Shorewood is by request. If requested, the City sends out notice to people in the area and the decision needs to be approved by the City Council. Commissioner Anderson recommended street lights at key points, as he believes the objection was to lighting the yards throughout the development. At the points where intersections will be, lights would be needed for traffic safety. PLANNING COMMISSION MINUTES APRIL 20,1999 - PAGE 4 . Commissioner Councilmember Lizee asked if Eagle Crest does monument lighting. A represefltative Bill Gleason of Eagle Crest stated there is a sign that will identify the development, but it is usually not lit. Commissioner Collins stated he does not agree with lighting since the residents have stated that no light is wanted. Commissioner Turgeon suggested that if the residents do want a light, they will have to petition for it and then the Council can look back to a recommendation to consider lighting. Commissioner Woodruff asked if the monument could be lit rather than installing a street light. Commissioner Anderson also asked that the age restriction language be revised and the issue of traffic on the Highway 7 intersection be addressed. . Turgeon moved, Woodruff seconded, to Recommend Approval the Preliminary Plan - Shorewood Ponds, subject to staff recommendations, and with the following additions: 1. Consideration given to adding a street light at the new intersection. 2. Request that the road between the project and the park be pedestrian only. Motion passed 6/0. STUDY SESSION 2. COMPREHENSIVE PLAN Land Use Natural Resources Planning Director Nielsen presented the changes suggested by City Councilmembers and asked for discussion on each point. Most of the debate is focused on language. Commissioner Anderson asked if there were any substantive changes, rather than the word changes. Planning Director Nielsen pointed out clustering as one substantive change. The City Council decision is to reinstate language to consider residential clustering to preserve trees. Chair Callies asked if there are other points that the Council has resolved which needs no discussion by the Planning Commission. Planning Director Nielsen recapped all the issues that the City Council had resolved, so that the Commissioners could concentrate on the still unresolved area. Also, different versions of the Comprehensive Plan have been used, and it is difficult to compare the changes when they are not . in the correct context. PLANNING COMMISSION MINUTES APRIL 20,1999 - PAGE 5 . Nielsen suggested tabling this issue to give Staff time to 'clean up' the suggestions and insert them into the correct context. Nielsen also stated that another substantive item was establishing a limit for hardcover area for non-Iakeshore properties. A percentage or sliding scale needs to be established as a guideline. Anderson moved, Skramstad seconded, to table the discussion of the Comprehensive Plan, Natural Resources and Land Use sections, for Staff to clarify City Council changes. Motion passed 6/0. 3. APPEAL ZONING ADMINISTRATOR'S INTERPRETATION OF FENCE REQUIREMENTS Appellant: Ron Smith Location: 20445 Radisson Road Planning Director Nielsen recapped the Ordinance regarding fencing, and the proposal from Mr. Smith for a vertical alternating, 6' high fence with lx6 boards. In general, a 4" gap is between the boards, which the City has allowed. Mr. Smith has proposed a 1 7/8" gap. Mr. Smith presented handouts and his calculations on how the proposed fence does provide 25% open space, as required by the City. . Nielsen stated that from one side this fence does provide the 25% open space, however, when the alternating boards go up, the open space is drastically reduced. Commissioner Anderson stated that it's between the neighbors and that the spirit of the Ordinance may be for public viewing of the fence. Mr. Smith stated this fence would be visible only to himself and the neighbor when the leaves corne on the trees. Chair Callies stated that if fences were only between the neighbors no Ordinances would be necessary. Commissioner Turgeon stated she believes this fence, as presented, is not in compliance. Also, this fence will not let enough light and wind through to keep the fence from blowing down in a strong wind. She stated if this fence is acceptable, then the Ordinance needs to be redefined. Chair Callies stated she also does not believe this fence is in compliance, as the ordinance states 25% of the plane, not of each plane, so both sides of the fence need to be considered. Commissioner Collins stated he feels the whole fencing policy is wrong but on this Issue, specifically, Mr. Smith has acted in good faith and he believes the fence does comply. . . . . PLANNING COMMISSION MINUTES APRIL 20, 1999 - PAGE 6 Collins moved, Anderson seconded, to Recommend to Approve the Appeal Zoning Administrators Interpretation of Fence Requirements. Motion denied 3/3 (Turgeon, Callies, Woodruff opposed). Collins moved, Anderson seconded, to forward this split decision to the City Council. Motion passed 6/0. 4. MATTERS FROM THE FLOOR There were none at this time. 5. DRAFT AGENDA L-R Public Hearing Information Land Use and Natural Resources Discussion Public Hearing - Variance on Christmas Lake - minimum lot size Public Hearing - Minnewashta Elementary School revised plan. 6. REPORTS Commissioner Turgeon stated that at the last City Council meeting, the Park Commission proposed a new fee for Park Dedication that the Council was not very receptive to. 7. ADJOURNMENT Anderson moved, Turgeon seconded adjourning the meeting at 9:10 p.m. Motion passed 6/0. 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, MAY 4,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Anderson, Woodruff, *Turgeon and * * Skramstad; Planning Director Nielsen, and Council Liaison Christine Lizee Absent: Commissioner Bailey *Commissioner Turgeon arrived at 7:40 p.m. **Commissioner Skramstad arrived at 7: 15 p.m. APPROVAL OF MINUTES Planning Commission Minutes - April 20, 1999 Anderson moved, Collins seconded approving the Planning Commission Minutes of April 20, 1999, as amended: Page 2, Paragraph 2, Last sentence: HeBBepiB Onmt)' "MNDOT has been...driveway direetly access onto..." Page 2, Paragraph 8:" ...age-resident wordine:, as it seems..." Page 2, Paragraph 10: "Bill Gleason of Eagle Crest..." Page 3, Paragraph 6: "...but she has a concern about the ~ road throue:h the project into Freeman Park. TargeaB waald Bat...pedestFiaB traffie aBly. (Sentence to be moved to paragraph 8) AIs6 This road may not..." Page 3, Paragraph 7: DELETE this paragraph Page 3, Paragraph 8: Begin with sentence from Paragraph 6 "Commissioner Turgeon would not...pedestrian traffic only." Page 4, Paragraph 1: "CommissiaBer Councilmember Lizee asked..." Page 4, Paragraph 2: "Bill Gleason of Eagle Crest..." Page 4, Paragraph 6, Item #2: "...and the park be pedestrian only." Motion passed 4/0. PLANNING COMMISSION MINUTES MAY 4,1999 - PAGE 2 . 1. 7:00 P.M. PUBLIC HEARING - AMENDMENT TO CONDITIONAL USE PERMIT FOR CLASSROOM ADDITION TO MINNEW ASHTA SCHOOL Applicant: Minnetonka School District 276 Location: 26350 Smithtown Road Planning Director Nielsen presented the requested amendment to the Conditional Use Permit granted to Minnewashta School. The issues are the same as in the original request as is the recommendation from Staff. He noted a detailed landscape plan is still required, but an overflow parking plan has been submitted. Torn Berge, Director of Finance and Operations for Minnewashta Schools, and Mr. Mike Strand, Project Architect, are available to address any questions. Commissioner Anderson asked if this addition indicates a larger number of students anticipated for the future. Mr. Berge stated it does not. The space will be additional support space for the students currently enrolled. More options for students will be available with this additional space. Commissioner Anderson asked if the school will, at any time in the future, need to be further expanded. . Mr. Berge stated that with this expansion, the school will be as large as the district wants it. Commissioner Collins stated he also would not like to see the school expand beyond this. Chair Callies opened the Public Hearing at 7:14p.m. Hearing no public testimony, Chair Callies closed the Public Hearing at 7:15 p.m. Collins moved, Anderson seconded, to recommend approval of the amendment to the Conditional Use Permit for classroom addition to Minnewashta School. Motion passed 5/0. 2. 7:15 P.M. PUBLIC HEARING - CU.P. AND VARIANCE FOR A SUBSTANDARD LOT IN THE SHORELAND DISTRICT Applicant: Scott Olson Location: 21235 Radisson Road Planning Director Nielsen presented the request for a Conditional Use Permit and Variance for Mr. Olson's proposed new house. The existing house and garage do not meet setback requirements, and the proposed new structures would. The only C.U.P. criteria that is in need of a variance is the lot width. Staff recommends approval of the C.U.P. and Variance. Mr. Olson was in attendance to answer questions. It was noted the neighbor to the west of Mr. Olson had . sent a letter in support of this project. PLANNING COMMISSION MINUTES MAY 4,1999 - PAGE 3 . Chair Callies questioned the feasibility of adding to the additional structure. . . Planning Director Nielsen stated the existing structure is not up to building codes and there is little sense in adding to an unsound building that does not meet setbacks. Chair Callies opened the Public Hearing at 7:30p.m. Horton Brooks, 21195 Radisson Road, the neighbor to the east of the subject property, stated he is highly in favor of Mr. Scott building this new house. Hearing no further public testimony, Chair Callies closed the Public Hearing at 7:35 p.m. Chair Callies asked what the uses of the lot would be if the existing house was not there. Planning Director Nielsen stated the lot would not be buildable. A variance would be needed in that case also. Commissioner Collins stated he is in favor of this project, but pointed out that the goal of keeping housing stock diverse in Shorewood may be the only drawback. However, the size of the house and property will still provide enough diversity. Collins moved, Anderson seconded to recommend approval of the Conditional Use Permit and Variance for a substandard lot in the shoreland district requested by Scott Olson, 21235 Radisson Road. Motion passed 6/0. 3. DISCUSS COMP PLAN - NATURAL RESOURCES CHAPTER Planning Director Nielsen recapped changes indicated in writing that were suggested by the City Council. Page by page changes were discussed, and taken note of by Nielsen to update and finalize the draft. Collins moved, Anderson seconded to accept the new draft of the Natural Resources Chapter of the Comprehensive Plan as final. Motion passed 6/0. 4. MATTERS FROM THE FLOOR There were none at this time. 5. DRAFT AGENDA L-R Public Hearing Information Discuss Recreational Structures Discuss Fencing Ordinance Comp Plan: Land Use and Transportation Chapters . . . PLANNING COMMISSION MINUTES MAY 4,1999 - PAGE 4 6. REPORTS There were none at this time. 7. ADJOURNMENT Anderson moved, Collins seconded adjourning the meeting at 8:15 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 18, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:05 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Bailey, Anderson*, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, and Council Liaison Christine Lizee *Commissioner Anderson arrived at 7: 15 p.m. APPROVAL OF MINUTES Planning Commission Minutes - May 4, 1999 Turgeon moved, Collins seconded approving the Planning Commission Minutes of May 4, 1999, as amended: Page 2, Last Paragraph: correct typographical error: Mr. Olson=s to Mr. Olson's Motion passed 6/0. STUDY SESSION 1. DISCUSS RECREATIONAL STRUCTURES Planning Director Nielsen presented proposed changes to the Ordinance in regard to skateboard ramps specifically. The City Attorney has suggested the basic approach to have the structures limited to rear yards. A building permit and conditions are necessary to build in a side or front yard. In regard to this Ordinance being retroactive, conditions for a permit are still necessary or the structure must be moved. In the specific case of Mr. Smith and his neighbor, Nielsen reported that it looks as though the structure may end up getting moved to the satisfaction of both parties, but the City Council still wants the Ordinance to address this type of structure. Chair Callies stated she agrees that a building permit should be needed in some cases, but not all cases. Even if it is in the back yard, she thinks a building permit should be required. Commissioner Turgeon asked what happens if a skateboard ramp is erected before a neighboring house is built. Planning Director Nielsen stated if it is already there the person moving in is moving in to an existing situation and expected to take that into consideration. . . . PLANNING COMMISSION MINUTES MAY 18, 1999 - PAGE 2 Commissioner Bailey questioned the temporary ramps put up by kids in the driveway, noting this Ordinance change would make it possible for a neighbor to complain about one of these small, temporary structures. Planning Director Nielsen stated this Ordinance would be enforced on a complaint basis, and only acted upon when a complaint is received. Chair Callies asked if there were any other Ordinances that require the neighbor's permission in order to receive a building permit. Planning Director Nielsen replied that the Fence Ordinance requires the neighbor's approval to erect the fence on the property line. Not, however, if the fence is put completely on the owner's property. Chair Callies stated she believes skateboard ramps of this type of cOFldition will cause more problems in the future. Planning Director Nielsen stated that many cities simply do not allow such structures in front or side yards, regardless of neighbor's approval or disapproval. Ms. Smith, neighbor of a resident who has such a structure, stated that Item C in the proposed Ordinance indicates, The structure shall not be located closer to any principal dwelling on an adjoining lot than it is to the principal dwelling of the applicant. She stated this is really the "heart" of the problem and suggested this restriction should apply whether the structure is in a front, side, or rear yard. Councilmember Lizee agreed with Ms. Smith, unless affected neighbors give their permission, this type of structure should not be allowed to be closer to someone else's house than it is to the owner's house. Lizee also pointed out that the amortization of non-conforming structures is being taken out of the hands of local governments by the State. Planning Director Nielsen stated that in this situation the amortization does not take effect because the City is not taking away the right to have a structure, just where it can be located. Commissioner Woodruff expressed concern about front and rear yards as it pertains to lakeshore lots where they are often perceived opposite of non-lakeshore lots. Chair Callies suggested that a vote is in order on whether this subject should be regulated at all, as some feel it should not be. Commissioner Anderson stated he feels this subject should not be regulated. He felt that anything which keeps kids busy, as long as there are not safety issues, should probably be left alone by the City. . . . PLANNING COMMISSION MINUTES MAY 18, 1999 - PAGE 3 Ms. Smith agreed that the structures should be allowed but again stated that the proximity to neighboring houses rather than the owner's house is the heart of the matter. Commissioner Bailey stated he is in favor of regulation for these ramps. He stated they are very ugly, extremely noisy, and the City has some obligation to restrict them in residential areas. In light of the nature of the structure, he felt it would not be unreasonable for the City to place reasonable restrictions on them. Chair Callies agreed that this type of structure needs some regulation. Commissioner Collins strongly disagreed with the regulation of any recreational structure and felt that this type of regulation will lead to very intrusive problems in the future, giving credence to regulation of smaller and smaller aspects of peoples lives. Commissioner Skramstad stated he would like to see reasonable guidelines on these ramps as well as play structures and other recreational structures. Not for the purpose of restriction, but for the purpose of providing guidelines. Collins moved, Anderson seconded, to discontinue the discussion on Recreational Structures and abandon any Ordinance Change. Chair Callies called for a roll call vote: Callies - Nay; Collins - Aye; Anderson - Aye; Bailey - Nay; Woodruff - Aye; Turgeon - Nay; Skramstad - Nay. Motion failed 3/4. Chair Callies stated that with this type of structure a building permit should be required regardless of which yard it is constructed in. Planning Director Nielsen conceded that in some cases this Ordinance may preclude some people from having a structure of this type. Commissioner Woodruff stated if that is the case then, perhaps, the structure shouldn't be there anyway. Chair Callies proposed moving Item C to the general building permit guidelines and if the location does not comply with these general guidelines, then the neighbor's permission would be needed. Commissioner Turgeon expressed concern that this entire discussion and Ordinance change is directed at one specific problem, giving the Smith's leverage. She stated she agrees with the prevention part of the proposed Ordinance but not in the retroactive portion since it puts the City in the position of taking sides in a private squabble. Commissioner Woodruff asked how the owners of current skateboard ramps would be notified if this change is approved. . . . PLANNING COMMISSION MINUTES MAY 18, 1999 - PAGE 4 Planning Director Nielsen stated that if the change is approved, upon receIvmg a written complaint the City would notify the owner and give a time limit to come into compliance. In this case, 30 days would probably be allowed although this amount of time can be appealed by the citizen. If they make no attempt to comply in a reasonable amount of time, the City would then prosecute to gain compliance. Chair Callies stated if existing structures were grandfathered in, the owners of these existing ramps would have to register the structures to prove the Ordinance does not apply to them. Commissioner Anderson asked if the City Council has discussed this issue. Councilmember Lizee replied that it had not yet come up at that level. Commissioner Bailey stated he would not support grandfathering since the proposed change would not restrict the ability to have a structure, just where it could be located. Commissioner Skramstad stated he also would not support grandfathering. Chair Callies stated that the size of the skateboard ramp is also an issue, noting the existing one that began these discussions is very, very large. Commissioner Anderson stated he is more in favor of screening structures of this type than regulating how people can use their land. Ms. Smith agreed that screening would be a better solution, but the massive size and proximity to the Smith house, as opposed to the neighbor's house, restricts the ability to screen. The structure is 11 feet high. Bailey moved, Turgeon seconded, to Amend the Ordinance to require a building permit for any skateboard ramp, with the following conditions: The structure must comply with the setbacks of the zoning district in which the property is located. The structure shall not be located closer to any principal dwelling on an adjoining lot than it is to the principal dwelling of the applicant. The structure shall not exceed dimensional requirements (to be determined) as put forth by the City of Shorewood. Chair Callies called for a Roll Call Vote: Callies - Aye; Collins - Abstain; Anderson - Nay; Bailey - Aye; Woodruff - Nay; Turgeon - Aye; Skramstad - Aye. Motion passed 4/2/1 (Collins abstained) Commissioner Anderson recommended getting City Council feedback on this subject before any further discussion takes place. Chair Callies disagreed and indicated the Planning Commission role is to obtain feedback in a public hearing first, and then pass that feedback on to the City Council. . . . PLANNING COMMISSION MINUTES MAY 18, 1999 - PAGE 5 Bailey moved, Skramstad seconded, to allow existing structures to be grand fathered if the proposed ordinance change is approved. Chair Callies called for a Roll Call Vote: Callies - Nay; Collins - Abstain; Anderson - Abstain; Bailey - Nay; Woodruff - Abstain; Turgeon - Aye; Skramstad - Aye. Motion passed 2/2/3 (It was determined that abstentions are counted as aye votes.) Commissioner Turgeon stated she would like to know what the average size is of these skateboard ramps. She indicated she would not like to see any private citizen have a ramp as large as is allowable in a public park. Planning Director Nielsen will look into skateboard ramps in other cities and recreational parks, and present dimensional information next time this subject is on the agenda. 2. COMPREHENSIVE PLAN A. Land Use Planning Director Nielsen presented changes suggested by the City Council and stated the copies in this packet are the most current copies. Commissioner Turgeon asked for definitions of "Green Space" and "Open Space" and indicated if they are the same, only one should be used for consistency. Planning Director Nielsen stated that the term "Conservation Open Space" should replace both "Green Space" and "Open Space." He advised that "Recreational Open Space" pertains to active parkland. Staff recommendations were discussed and consensus was reached to accept all as presented. Commissioner Anderson suggested adding an open space and/or park space to population ratio for Shorewood, to give some guideline as to how much open and park space Shorewood has, and how much is needed. Planning Director Nielsen indicated he will look into this to find out if there are any available standards. The land use map and current zoning map were then presented and discussion followed on changes that need to be made. No consensus was reached and more information on the undeveloped regions was requested. Planning Director Nielsen stated this may be designated as an area of further study, as the Comprehensive Plan will be reviewed in the future and more study can be done. However, public meetings are now scheduled for July. Commissioner Turgeon stated she would not be comfortable having a public meeting if no decisions were reached beforehand. . . . PLANNING COMMISSION MINUTES MAY 18, 1999 - PAGE 6 Planning Director Nielsen then presented 14 areas singly, for zoning questions. Each area was discussed and recommendations made to Nielsen by the Commissioners regarding zoning changes, or areas for further study. 3. MATTERS FROM THE FLOOR There were none at this time. 4. DRAFT NEXT MEETING AGENDA Planning Director Nielsen stated he would not be in attendance for the meeting scheduled on June 15. The meeting was moved to June 22. _ Establish Comprehensive Plan neighborhood meeting dates, late July or early August. - Discuss liaison for City Council for July - Discuss liaison for the Land Conservation Committee - Discuss liaison for the Park Commission 5. REPORTS There were none at this time. 6. ADJOURNMENT Anderson moved, Skramstad seconded adjourning the meeting at 10:40 p.m. Motion passed 7/0. 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, JUNE 1, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, *Anderson, *Bailey, Woodruff, Turgeon and *Skramstad; Planning Director Nielsen, and Council Liaison Lizee *Commissioner Anderson arrived at 7:10 p.m. *Commissioner Bailey arrived at 7:05 p.m. *Commissioner Skramstad arrived at 7:20 p.m. APPROVAL OF MINUTES Planning Commission Minutes - May 18, 1999 Collins moved, Turgeon seconded approving the Planning Commission Minutes of May 18, 1999, as amended: Page 2, Paragraph 5: "...believes skateboard ramps of this type ef eOBElitioB will cause..." Motion passed 6/0. 1. PUBLIC HEARING - C.U.P AND SETBACK VARIANCE FOR ACCESSORY STRUCTURE OVER 1200 SQUARE FEET Applicant: Ron Lind Location: 26400 Strawberry Court Planning Director Nielsen presented the request from Mr. Lind for a Conditional Use Permit and a setback variance. Mr. Lind would like to build a garden shed alongside his garage. The building by itself complies with the C.U.P. with the exception of setback requirements. However, extenuating circumstances exist which support granting the C.U.P. and variance. Therefore, staff recommends approval. Chair Cailies opened the Public Hearing at 7:10 p.m. Mr. Ron Lind, 26400 Strawberry Court, added that the structure will match the style and color of the house, and will not detract from the attractiveness of his property. Hearing no further public testimony, Chair Callies closed the Public Hearing at 7:11 p.m. . . . PLANNING COMMISSION MINUTES JUNE 1, 1999 - PAGE 2 Chair Callies stated she does not agree that this accessory structure justifies a variance, as a 3 car garage with work space already exists on the property. Commissioner Bailey agreed. Collins moved, Anderson seconded a Motion to recommend approval of a C.U.P. and setback variance for accessory structure over 1200 square feet for Mr. Ron Lind, 26400 Strawberry Court. Motion passed 4/2 (Callies & Bailey opposed). 2. L-R (LAKESHORE- PUBLIC HEARING AMENDMENTS RECREATIONAL) ZONING DISTRICT TO Planning Director Nielsen presented the third draft of the L-R Zoning District. This draft includes all changes discussed in previous meetings. Commissioner Turgeon asked about the color of the storage tarps, an issue which had been brought up at previous meetings. Turgeon stated that this issue was to be discussed and resolved by the marinas and surrounding neighbors themselves. Chair Callies stated her recollection was that the Ordinance was not going to address this issue, it was going to be worked out by the Marinas themselves. Chair Callies opened the Public Hearing at 7:22 p.m. Jill Eagan, 27125 Noble Road, asked if there were any plans for Howards Point to build any additional storage facilities. Planning Director Nielsen stated that they are at their limit right now, and no additional buildings are planned. However, if their current building was destroyed, this issue would have to be addressed. Hearing no further public testimony, Chair Callies closed the Public Hearing at 7:25 p.m. Commissioner Skramstad asked about both marinas distributing gasoline, how they distribute the gasoline, and to whom. Planning Director Nielsen stated that as a general practice, both marinas only distribute gasoline to clients. Commissioner Anderson also commented that this issue has been worked on for 6 months or more, and a lot of progress has been made. This Ordinance update will be an improvement for the City and the marinas. Commissioner Bailey asked if the Ordinance was going to address the dispensing of gasoline at the marina. . . . PLANNING COMMISSION MINUTES JUNE 1, 1999 - PAGE 3 Planning Director Nielsen stated that pumping gas is generally a better way than pouring from gas cans, as more tends to be spilled that way. This may not be something that should be regulated anyway. Commissioner Turgeon asked if the Ordinance could address who it is sold to" confining the sales to clients only. Commissioner Collins believes it does not have to be addressed, as the marinas have no desire to become "lake gas stations" anyway. Commissioner Anderson asked if there had been any agreement on this issue previously. Planning Director Nielsen stated that there was consensus that the historical use be addressed, possibly under the licensing section of the Ordinance. Anderson moved, Collins seconded a Motion to accept this draft of the Ordinance, and direct staff to address the issue of dispensing gasoline through the best available means. Motion passed 7/0. Planning Director Nielsen stated he would forward the language for the gasoline issue to the Commissioners for any feedback before this issue goes before the City Council. 3. COMP PLAN Transportation Planning Director Nielsen presented the updated draft of the Transportation Chapter of the Comprehensive Plan. This draft contains all revisions discussed at previous meetings, and changes recommended by the Park Commission. Nielsen then asked if there were any additional sections that are of concern, or changes that are not agreed with. Commissioner Bailey stated that he has not yet had the chance to study most changes and would like time to read and take note of changes before discussion. Commissioner Turgeon agreed. Planning Director Nielsen stated that the Transportation Chapter needs to be clear which parts are- about roads, and which parts are about trails. Some concern has come about on trails and locations of future trails. Commissioner Woodruff stated that the Park Commission has worked very hard on the trails sections, and their changes are all very thought out and clear. 4. MATTERS FROM THE FLOOR There were none at this time. . . . PLANNING COMMISSION MINUTES JUNE 1, 1999 - PAGE 4 5. DRAFT NEXT MEETING AGENDA The next meeting agenda will include a study session of the Comprehensive Plan, all final drafts will be available and drafts of the Community Facilities Chapter and the Housing Chapter. Dates for the Comp Plan neighborhood meetings will need to be determined. Three meetings were decided on, 2 in one week, and 1 the following week, likely in early August. Planning Director Nielsen also noted that an application needs to be considered from Aerial, for the west water tower. 6. REPORTS Commissioner Turgeon stated that at the last meeting, liaison positions were brought up and need to be filled. The Land Conservation Committee liaison would be a permanent position as a voting member. Commissioner Woodruff expressed interest III the Land Conservation Committee liaison position. Commissioner Skramstad will act as City Council liaison for June, and Commissioner Bailey for July. Rather than a liaison to the Park Commission, Commissioner Turgeon requested she receive copies of the minutes and agendas. All Commissioners agreed they would like to receive the minutes and agendas of the Park Commission. Commissioners Anderson, Skramstad, and Bailey requested this information by E- mail. Commissioner Woodruff brought up the question of whether reporting to the City Council is necessary, as the information they receive may become redundant with reports from the liaison, and the representative, and the copies of the minutes. Planning Director Nielsen and Councilmember Lizee both stated that this reporting is necessary for the Council to receive the overall feeling of the meeting as well as the facts. 7. ADJOURNMENT Bailey moved, Woodruff seconded adjourning the meeting at 8:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 22,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Anderson, *Bailey, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, and Council Liaison Lizee *Commissioner Bailey arrived at 7: 10 p.m. APPROVAL OF MINUTES Planning Commission Minutes - June 1, 1999 Anderson moved, Skramstad seconded approving the Planning Commission Minutes of June 1, 1999, as amended: Page 2, Item 2, Paragraph 2: Add sentence at the end of paragraph: "Turgeon stated that this issue was to be discussed and resolved by the marinas and surrounding neighbors themselves." Motion passed 6/0. 1. COMPPLAN Community Facilities Chapter Planning Director Nielsen presented Chapter Outline of the Community Facilities/Services Plan, pointing out that City water is the biggest question in this chapter. The rest of the chapter is in fairly good shape. Nielsen suggested discussion on the rest of the chapter first to identify any problem areas, and then the Commission can discuss suggestions regarding City water. Changes suggested are as follows: Page CF-3 Page CF-3 Page CF-5 Page CF-5 Page CF-6 Paragraph 2: "The efforts of varying various govemment..." Item No.5 to be rewritten. Paragraph 2: "Recent drastic Rate increases by the..." Paragraph 3, Water System - To be rewritten. Storm water Management section: Add a reference to a study that will be done soon. Parks and Recreation section: "...adopted a trail planning process..." Public Safety section: "...South Lake Minnetonka communities and the City of Mound, has proven to be..." Page CF-6 Page CF-6 . . . PLANNING COMMISSION MINUTES JUNE 22, 1999 - PAGE 2 Page CF-6 Public Safety section: Add a reference to the possibility of a Joint Powers agreement for fire service. Page CF-6 Solid Waste section: Add a paragraph regarding the annual City Cleanup Day. Page CF-6 Solid Waste section: Add a reference to a study to be done regarding the number and size of garbage trucks on City roads. Page CF-7 Municipal Buildings: Update this section, add a reference to the Senior Center as alternative meeting space, and delete the last sentence regarding the Shorewood Liquor Store at Vine Hill Road. Page CF-16 First paragraph: "The City has done an aggressive sump pump inspection program to identify and correct properties which cUlTently pumped or drained Storm water into the..." Page CF-26 Paragraph 4: "...The city should remain open to organization-supported expansion on the :;outh end of the park..." The discussion also raised the following questions or issues for future consideration: 1. A study to be done of the solid waste pickup with the goal of decreasing the number and size of the garbage trucks on City streets. Should the City be involved in liquor sales, and if so, should it be in the Comprehensive Plan? Commissioner Turgeon stated that many police calls are answered by surrounding communities because the South Lake Station has only one officer on duty, or some other reasons. Police coverage may be an issue to look into. A study to be done regarding the feasibility of burying overhead utilities, especially whenever road reconstruction is going on anyway. A study to be done of office and public meeting space at City Hall, determining if the space available is adequate and looking into the possibility of using the basement space at City Hall. 2. 3. 4. 5. Planning Director Nielsen reported on the position of the City Council regarding the City water system. Nielsen also reported on the City water fund, and the general usage of City water in Shorewood. The City Council is now discussing this issue, and there does not seem to be a lot the Planning Commission can do at this point, until the City Council solves some of the basic conceptual questions and can give general direction. During the discussion that followed, many of the same questions came up that had been discussed at the City Council level, to which Planning Director Nielsen replied that the questions are being discussed, and encouraged the Commissioners to bring any ideas to the City Council. Chair Callies concurred that, while interesting, discussion of City water at the Planning Commission level was not going to solve any problems as yet, and information or ideas should be directed to the City Council. When the Council has direction to give, the Planning Commission can then work on the subject. PLANNING COMMISSION MINUTES JUNE 22, 1999. PAGE 3 . Planning Director Nielsen asked if there was any information the Planning Commission would like to give to the City Council regarding the City water system. Commissioner Bailey stated that the 100% consent to run water to a neighborhood did not seem appropriate. Commissioner Woodruff stated that the feasibility study fee seems like a bad idea. Commissioner Turgeon stated that anything the Council can do to make water hookup more friendly to citizens would be welcome. General consensus was reached that the strongest opposition is the 100% consent issue to run water to a neighborhood. Recap of Natural Resources, Land Use, and Transportation Chapters Moved to July 20, 1999 Study Session. 2. MATTERS FROM THE FLOOR There were none at this time. . 3. DRAFT NEXT MEETING AGENDA Planning Commission meeting of July 6, 1999: . Aerial Communications request to use the water tower. Planning Director Nielsen asked the Commission if they would like to have extraordinary notice sent for this subject. Chair Callies stated that normal notice seems sufficient. Commissioner Anderson stated he believes extraordinary notice would be better, so citizens do not feel that this item was "snuck by" them. Consensus was reached that normal notice, plus notice in the newsletter, would be the recommendation of the Planning Commission. Planning Commission Study Session of July 20, 1999: . . Recap of the Natural Resources, Land Use, and Transportation Chapters . Discussion of the Compo Plan - Housing Chapter. PLANNING COMMISSION MINUTES JUNE 22,1999 - PAGE 4 . Nielsen questioned whether this meeting could start early, consensus was to start at 6:00 p.m., with Nielsen providing brats on the grill. 4. REPORTS No reports given at this time. 5. ADJOURNMENT Anderson moved, Woodruff seconded adjourning the meeting at 9:10 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off Site Secretarial, Inc. . . . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 6, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Bailey, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, Council Liaison Lizee, City Engineer Brown, and City Attorney Keane. Absent: Commissioner Anderson. APPROVAL OF MINUTES Planning Commission Minutes. June 22, 1999 Collins moved, Woodruff seconded approving the Planning Commission Minutes of June 22, 1999, as amended: Page 3, Paragraph 5: "General consensus was reached that the Planning COlRHlissioB wishes the Cit)' Couneil goodluek in dealing with this issue, aRd the strongest opposition is the 100% consent issue to run water in a neighborhood. Motion passed 6/0. 1. PUBLIC HEARING. C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ. FT. Applicant: Location: David Kracker and Jodi Rolland 5640 Covington Road Planning Director Nielsen presented the request from Mr. Kracker for a Conditional Use Permit in order to build a new home on the subject property for a garage to be built larger than 1200 square feet. Staff recommends approval of the Conditional Use Permit as proposed. Chair Callies opened the public hearing at 7: 13 p.m. Hearing no public testimony, Chair Callies closed the public hearing at 7:14 p.m. Commissioner Turgeon pointed out that nothing addresses the bluff impact zone and questioned the impervious surfaces that are there. The ordinance does not allow impervious surfaces in the bluff impact zone, but there is an asphalt road that runs down to the lake. Planning Director Nielsen answered that the surface was already existing when the ordinance was written, and it has been deemed useful by staff in helping with runoff. . . . PLANNING COMMISSION MINUTES JULY 6,1999 - PAGE 2 Commissioner Turgeon questioned the amount of impervious surface, especially including this road. She would like to see the road taken out and replaced with natural vegetation. Engineer Brown stated that on this site, anything other than a hard surface would inevitably be washed out because of the grade. Planning Director Nielsen stated that there is a 25% cap on impervious surfaces that cannot be exceeded without a variance from the City. Chair Callies stated this subject may not be related to the Conditional Use Permit for accessory space over 1200 square feet. If Mr. Kracker begins to near the 25% cap on impervious surface, this subject would then be relevant to any further action by Mr. Kracker. Nielsen reiterated that staff has studied this particular situation and believes that the existing path should remain. Commissioner Bailey questioned whether 1200 square feet should be the trigger for a C.U.P. An equation to provide a number more relative to the size of the house may be more appropriate. This may be an ordinance that could be discussed in a work session at a later date. Commissioner Collins stated he would like to see the existing boat house kept on the property, rather than tom down, as is the present plan. Collins moved, Woodruff seconded to recommend approval of C.U.P. for accessory space over 1200 square feet for David Kracker and Jodi Rolland of 5640 Covington Road. Motion passed 6/0. Planning Director Nielsen noted that this issue will be brought before the City Council on July 26, 1999. 2. PUBLIC HEARING - C.U.P. FOR INSTALLATION OF PCS ANTENNAS Applicant: Location: APT Minneapolis, Inc. (Aerial Communication) 26352 Smithtown Road (Water Tower at Minnewashta School) Planning Director Nielsen presented the request from APT for a Conditional Use Permit for telecommunications facilities at the west end water tower site. Simulated pictures were presented for a better understanding of what these facilities will look like. A landscape plan was also presented, as well as the proposed fencing. Staff recommends that any approval of this conditional use permit should be subject to the following: a. Review and comment by the Minnetonka School District b. The recommendations of the City Engineer with respect to structural and operational issues. c. The recommendations of the City's Telecommunications Consultant. . . . PLANNING COMMISSION MINUTES JULY 6,1999 - PAGE 3 d. The applicant must enter into the City's lease agreement, which should be updated to include the annual monitoring requirement. e. Prior to any construction the applicant must provide bids for the proposed landscaping, from which a letter of credit, one and one-half times the amount of the landscaping will be required. The L.O.C. must extend for two growing seasons. If construction is to take place this year, required landscaping must be in place before the end of the growing season. f. Prior to any construction the City Engineer will require an additional letter of credit or cash escrow relative to the work being done on the public property and to the tower itself. Mr. Garrett Lysiak, the City's telecommunications consultant, reported on Shorewood's present telecommunications ordinance, which he had assisted in writing. Mr. Lysiak then presented maps that showed how this proposal would increase the coverage for system users. Mr. Lysiak also quoted FCC regulations for RF radiation and the amounts for this tower are well under any standards set by the FCC. Commissioner Collins asked Mr. Lysiak if he had any affiliation with APT, or was given any direction whatsoever by staff as to what answers or information the Planning Commission was looking for. Mr. Lysiak answered both questions with a firm "no." Engineer Brown reported on the proposed structure for the site and presented the site plans as they now exist, stating that these plans would have to be signed by several licensed individuals before they would be approved. Attorney Keane reported on the enactment of the Telecommunications Act as it pertains to this discussion. This Act gives authority to State and local governments in regard to the placement of these facilities, within Federal Standards. One of these Federal standards pointed out was the health issues of the RF radiation created by these facilities. The Federal government has studied this issue, and set standards for providers to meet. Other than making certain that providers meet these Federally set standards, this is not to be considered at the State or local level. Chair Callies questioned the frequency of vandalism at existing sites. Planning Director Nielsen stated that graffiti on the base of the water tower has basically been the only problem. Mr. Steve Katkov, APT, addressed the Planning Commission in regard to the other 66 APT water tower sites, pointing out that there has been no instances at all of any health risk regarding city water, or vandalism related directly to APT facilities. Chair Callies opened the Public Hearing at 8:05 p.m. . . . PLANNING COMMISSION MINUTES JULY 6,1999 - PAGE 4 Jay Donohue, representative of Marsh Pointe Homeowners Association, addressed the Planning Commission on concerns regarding putting a source of RF radiation right above an elementary school. Also, Mr. Donohue questioned what advantage the City would gain in allowing this facility at this site. Engineer Brown stated that the City does receive revenue, but this would definitely not be the deciding factor in allowing or disallowing telecommunications facilities. The basic issue is that the Federal government has stated these facilities will be allowed in the community, and the local government needs to find the best places for them. Mr. Donohue asked how many names he would need on a petition to stop this facility. Chair Callies stated that the City is always interested in community input, but no one present could answer that question with a specific number. Kim Klancke, 26525 Smithtown Road, stated her opposition to this site. Her chief concern is the amount of RF radiation and the proximity to elementary school children who spend most of their day there. Also, if there are more and more facilities located on this water tower, the amounts of RF radiation will continue to increase. She indicated the potential for cumulative health effects is increased by allowing this type of facility, and it's effect on the children in future years is unknown. Chair Callies pointed out that Shorewood does not have the right to deny a facility on the health issues, as Attorney Keane had pointed out. Ms. Klancke reported on a neighborhood meeting held in the past where no support for this site existed. Lori Dosen, 26405 Smithtown Road, stated that a five hour long public hearing was held when there was a previous applicant for this same request. There were no citizens who supported the use of this site. Ms. Dosen presented quotes from a Federal case where a site for a facility such as this was denied. Tim Dosen, 26405 Smithtown Road, questioned Mr. Lysiak on why a different site could not be used. Mr. Lysiak replied that the proposed site provides the coverage sought by APT, and the City would prefer using existing towers, such as a water tower, rather than building multiple towers in alternate locations. Mr. Dosen commented that when Sprint requested this site, another site was found. He suggested this course of action once again, as a different site would be better in his opinion, not located so close to a school. He also stated that this was not a good evening for this discussion, coming off a holiday weekend since many citizens did not get notified in time or could not attend on such short notice if they did get the notice. PLANNING COMMISSION MINUTES JULY 6, 1999 - PAGE 5 . Chair Callies presented a letter from Mark and Marla Bookhout which stated their opposition to this C.U.P. Commissioner Turgeon asked Attorney Keane if citizen opposition could be a means for the City to deny this C.U.P. Attorney Keane advised that in the State of Minnesota, this would most likely not be supported in a court of law. Ms. Dosen stated her disagreement and quoted other Federal cases where citizen opposition and concern for the health issues did stop a telecommunications facility such as this from being installed in a neighborhood. Chair Callies stated that this meeting was not the correct forum for a legal debate. Mr. Katkov addressed some of the legal points made by Ms. Dosen, stating that the vast amount of Federal cases have been decided in favor of the telecommunications facility, and the one or two Ms. Dosen had presented were aberrations, not the norm. Hearing no further public testimony, Chair Callies closed the public hearing at 8:45 p.m. . Commissioner Collins addressed the concerns of the "barrage of information from government sources" to push these facilities on "an ill-informed public" as stated by Ms. Clank. Mr. Lysiak works for the citizens, not the government. His information is not designed to lean pro or con for these facilities, but to present the facts. His information is not a "government source," but a source for the citizens. Also, under the current findings, the children under the tower are at less risk than those who are a mile down the road, as the RF radiation is distributed towards the horizon, not straight down, or even angled down. Collins agreed everyone has concerns for their children, past and present, but the City is bound by legalities, and facilities such as this one are bound by those legalities. Collins stated that the public concerns are well understood, and often agreed with, but legally these concerns cannot be the driving force behind a denial of this C.U.P. Commissioner Turgeon asked about the recommendations made by the City Engineer, as they are not included in the staff recommendation. Planning Director Nielsen stated those recommendations would be made part of the lease agreement. Commissioner Woodruff asked about maintenance of the facility, the water tower, and the building. Engineer Brown stated that the City would maintain the water tower and site, as usual, and when maintenance is needed on the APT equipment, APT is required to provide it. . . . . PLANNING COMMISSION MINUTES JULY 6,1999 - PAGE 6 Commissioner Bailey asked if APT expects to need any more facilities within Shorewood. Mr. Katkov replied that no additional facilities are planned for Shorewood now, or in the foreseeable future. Commissioner Bailey asked if, in the future, another carrier would be able to use this base building. Planning Director Nielsen stated probably not the building. A fair amount of site alteration would be needed, which would be prohibitive to any additions of this type. Commissioner Bailey asked how rental fees are negotiated. Engineer Brown stated that the going market rate is used. Commissioner Bailey stated his position that this location on the water tower is appropriate since the tower is already existing, which is much more preferable to building a new freestanding tower anywhere. Regarding the scientific evidence, other than the fact that health concerns are not allowed to be considered, there does not seem to be a large amount of information that supports the health risk concerns. Chair Callies asked what the alternative would be to the proposed building at the site. Engineer Brown stated that there are power boxes and cables, which are quite ugly. That is why staff recommended the building, as it is much more aesthetically pleasing than the alternative. Commissioner Collins questioned where the funds from the rental fees go. Planning Director Nielsen answered that they go into the general fund. Turgeon moved, Bailey seconded to recommend approval of the C.U.P. for installation of PCS Antennas by APT Minneapolis, Inc. to the water tower at Minnewashta School, subject to staff recommendations. Motion passed 6/0. Planning Director Nielsen stated this issue would be before the City Council on July 26, 1999. 3. MATTERS FROM THE FLOOR There were none at this time. 4. DRAFT NEXT MEETING AGENDA Planning Commission Study Session of July 20, 1999, at 6:30 p.m.: Recap of the Natural Resources, Land Use, and Transportation Chapters PLANNING COMMISSION MINUTES JULY 6, 1999 - PAGE 7 . Discussion of the Compo Plan - Housing Chapter. . . 5. REPORTS Commissioner Anderson was nominated for City Council liaison for August 9th and August 23rd. 6. ADJOURNMENT Collins moved, Woodruff seconded adjourning the meeting at 9:12 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 20,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Bailey, Woodruff, Anderson, Turgeon and Skramstad; Planning Director Nielsen and Council Liaison Lizee. APPROVAL OF MINUTES Planning Commission Minutes - July 6, 1999 Turgeon moved, Bailey seconded approving the Planning Commission Minutes of July 6, 1999, as amended: Page 1, Item 1, Paragraph 4: "...but there is a eORerete an asvhalt road that..." Page 3, Item "e": "...must provide Jms bids for the proposed landscaping, from which Jms a letter of credit..." Page 3, Paragraph 8: "stated that graffiti on the base of the water tower has basically been..." Page 4, Paragraph 1: "...representative of Marehe Marsh Pointe..." Page 4, Paragraph 5 and 7, and Page 5, Paragraph 8: Kim Klancke. Page 5, Paragraph 5: "was not the correct format forum for a legal debate. (Delete remainder of paragraph). Page 6, Paragraph 4: "...able to use this same site base buildine:." Page 6, Paragraph 5: "...stated probably not the buildine:. A fair amount..." Page 6, Paragraph 8: "...that supports the EleRial of the CUP health risk concerns." Motion passed 7/0. 1. COMP PLAN Recap of Natural Resources, Land Use, and Transportation Chapters Planning Director Nielsen stated that the Natural Resources section is not ready, as it must be formatted correctly. The Land Use and Transportation Chapters are the final drafts before going to the Public Meetings. Land Use Chapter Discussion: Commissioner Skramstad had some questions regarding the city maps and some terminology used on them, which was explained by Planning Director Nielsen to the satisfaction of the Commissioners. . . . PLANNING COMMISSION MINUTES JULY 20,1999 - PAGE 2 Commissioner Turgeon pointed out locations where the term "green space" was used, and stated that "preservation open space" and "recreational open space" were to be used instead. Turgeon pointed out several additional changes that had been previously discussed but had not been made. Planning Director Nielsen responded that he had notes on these changes, and they would be implemented before the final draft went to the public. Commissioner Turgeon questioned why a specific percentage is given in regards to impervious surfaces. Rather than a specific percentage, which restricts the Comprehensive Plan, Turgeon suggested taking out this percentage and state that it is recommended that the issue of impervious surface be studied. Consensus was positive for this change. Commissioner Turgeon stated that a definition of "open space" is needed. It needs to be written down so it can be consistent throughout the City government. Planning Director Nielsen stated he would begin a glossary of terms for the Comprehensive Plan. Commissioner Turgeon suggested changing the language regarding the Lakeshore Recreational District to reflect that work has been done to bring the marinas into compliance, and will continue. Commissioner Woodruff strongly agreed with this change. Consensus was very positive. Commissioner Anderson stated he would like to refer to the intersection of Highways 41 & 7 to be included in the Comprehensive Plan in hopes it will be improved soon. Regarding the Land Use Chapter, the shopping center area could be an area of further study. Planning Director Nielsen suggested getting the current issues complete before adding new issues such as this one. Consensus was reached to not add this as an area of further study at this time. Commissioner Bailey pointed out that the Housing Variety Availability section does not seem to fit into the Land Use Chapter. Consensus was reached that under this heading, "See Housing Chapter" would be sufficient. Transportation Chapter Discussion Commissioner Turgeon questioned if all involved parties are in agreement for the County Road 19/Country Club Road intersection project. Planning Director Nielsen replied they are not. The County brought on board a new Engineer, who has some objections to the plan. Commissioner Turgeon suggested changing the language in the Comprehensive Plan to reflect that Shorewood has taken a lead on this issue, and has made progress at the City level. Consensus was positive for this change. . PLANNING COMMISSION MINUTES JULY 20,1999 - PAGE 3 . Commissioner Collins stated that he disagreed with a glossary of terms, as it could get restrictive. . . Commissioner Turgeon answered that these definitions are needed so when issues are discussed, everyone knows specifically what is being discussed. Planning Director Nielsen stated that a glossary of terms would help the general public to understand the intentions of the Comprehensive Plan. Consensus was reached that the glossary would be a good idea as long as effort is made to keep it from becoming restrictive or cumbersome. Specifics of all above suggestions and changes were taken note of by Planning Director Nielsen, who will implement the final changes to present to the public. Anderson moved, Bailey seconded to approve the Land Use and Transportation Chapters of the Comprehensive Plan as amended. Motion passed 7/0. Planning Director Nielsen then presented the handout which was discussed by the City Council at their last work session, and reported on the progress made by the Council at that meeting. Discussion followed regarding the dates for the Open Houses for the Land Use and Transportation Chapters. These meetings were ultimately scheduled for 5:00 p.m. - 7:30 p.m. on August 31, September 2, and September 8, 1999. Chair Callies then asked why the Open Houses were all held at City Hall, rather than moving them around to different areas of the City. Planning Director Nielsen stated that all the information and materials are located at City Hall, and the answers to any questions can be quickly found. In the long run, this is much more convenient than trying to move all of the materials to different locations. 2. MA TTERS FROM THAT THE FLOOR There were none at this time. 3. DRAFT NEXT MEETING AGENDA Items for the next meeting include: Recap of final draft of Natural Resources Chapter Five public hearings are scheduled. 4. REPORTS Commissioner Turgeon requested additional information on the historical use for the L-R District, specifically the dispensing of gasoline. It was her understanding that any decision by the . . . PLANNING COMMISSION MINUTES JULY 20,1999 - PAGE 4 Council regarding this issue would then be presented to the Planning Commission, mostly for informational purposes. Commissioner Turgeon also suggested discussing a projects list, ongmating from the Comprehensive Plan, so the issues brought up in the discussions would not be forgotten over time. 5. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting at 8:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 3, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Bailey, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, City Engineer Brown, and Council Liaison Lizee. Absent: Commissioner Anderson APPROVAL OF MINUTES Planning Commission Minutes - July 20, 1999 Commissioner Turgeon stated she was not happy with the minutes from the last meeting, as they seem disjointed and don't cover enough detail of what was said in the meeting. Collins moved, Woodruff seconded a motion to discuss the minutes of July 20, 1999 after all Public Hearings were completed. Motion carried 6/0. 1. PUBLIC HEARING: C.U.P. FOR MULTI-PURPOSE BUILDING AT FREEMAN PARK Applicant: Location: City of Shorewood 25800 Highway 7 Planning Director Nielsen provided information on the proposed Multi-Purpose Building at Freeman Park, including a site map, building plan, and floor plan. One highlight was connecting the building to the City sewer, as that park does receive a lot of traffic. Construction of the building results in very little site alteration. Staff recommends approval of the C.D.P. Commissioner Woodruff questioned if the exterior is going to be good for less maintenance and repair of any possible vandalism. Planning Director Nielsen stated it is the best material overall. Commissioner Woodruff questioned if hooking up to the City sewer was a logical addition, or if the City is going out of their way to connect. . . . PLANNING COMMISSION MINUTES AUGUST 3,1999 - PAGE 2 City Engineer Brown stated staff had looked at connecting to Shorewood Ponds but that option was not feasible. Staff believed the route planned was the best route. Chair Callies opened the Public Hearing at 7: 19 p.m. Hearing no public input, Chair Callies closed the Public Hearing at 7 :20 p.m. Commissioner Bailey questioned if there was any specific issues the Planning Commission needs to address that the Park Commission did not address. Planning Director Nielsen stated this would be the case if the building was closer to the residences but, as it sits, the Park Commission has thoroughly thought out the type of building, materials, and possible uses of the building. Commissioner Skramstad asked if there were going to be lights around the building. Planning Director Nielsen stated that only wall packs would be installed to light up the bathroom entrances. City Engineer Brown added that a study done a couple of years ago on lighting showed that lighting too much around the buildings seemed to encourage late night parties and so on, so the decision was made not to add too much lighting. City Administrator Hurm added that, in the future, more lights are possible as a skating rink may be added to Freeman Park, which would be lit at night. Turgeon moved, Skramstad seconded a motion to recommend approval of Conditional Use Permit for a Multi-Purpose building at Freeman Park, subject to staff recommendations. Motion passed 6/0. 2. PUBLIC HEARING - C.U.P. AMENDMENT FOR ACCESSORY BUILDING Applicant: Location: Excelsior Covenant Church 19955 Excelsior Boulevard Planning Director Nielsen presented information regarding the request for a C.U.P. submitted by Excelsior Covenant Church requesting a change to their site plan to build a two car garage to house the church van and some additional equipment on the northeast corner of their property, into the hill and woods. Staff recommends approval, contingent on moving the building slightly to avoid damaging large trees on the property. Chair Callies opened the Public Hearing at 7:28 p.m. . . . PLANNING COMMISSION MINUTES AUGUST 3,1999. PAGE 3 Mr. Fred Simon, 19780 Excelsior Boulevard, Deephaven, addressed the Planning Commission with no objections. Mr. Simon stated after he had seen where the building was going to be, he believes it is a good plan and will not impact his neighboring property. Hearing no further public input, Chair Callies closed the Public Hearing at 7:30 p.m. Commissioner Bailey questioned how tall the garage is going to be. Planning Director Nielsen replied that it will be 12 feet high, 15 feet is the maximum allowed. Commissioner Skramstad questioned what is kept in the existing shed and asked if one garage could suffice. Planning Director Nielsen replied that lawnmowers and other gasoline-operated equipment were kept in the existing shed and storing this equipment with other vehicles has not been discussed with the church officials. Turgeon moved, Bailey seconded a motion to recommend approval of an amendment for a Conditional Use Permit for accessory building for Excelsior Covenant Church, 19955 Excelsior Boulevard, subject to staff recommendations. Motion passed 6/0. 3. PUBLIC HEARING. C.U.P. FOR ACCESSORY SPACE OVER 1200 SQUARE FEET Avvlicant: Location: William Dickson 26245 Birch Bluff Road Planning Director Nielsen presented information regarding the request by Mr. Dickson to build a detached garage at the rear of his property, with a driveway coming off Grant Lorenz Road. The purpose of this garage is to store a boat and equipment inside, which is currently stored outside. Some tree removal will be necessary, and Mr. Dickson will cut a new approach for the driveway, fill in an existing cut, and provide additional landscaping if the City deems necessary. Staff recommends approval with the condition that all slopes remain to avoid erosion problems. Chair Callies asked how concerned staff is that erosion will occur. Planning Director Nielsen replied that some additional landscaping may need to be required. Mr. Dickson replied that he wants to keep the vegetation very thick in that location anyway, and would be happy to add whatever the City deems necessary. Chair Callies opened the Public Hearing at 7:38 p.m. Hearing no public input, Chair Callies closed the Public Hearing at 7:30 p.m. PLANNING COMMISSION MINUTES AUGUST 3,1999 - PAGE 4 . Commissioner Woodruff stated concern about the traffic on Grant Lorenz Road. Planning Director Nielsen stated that this driveway won't be used on a daily basis, as it is not a pnmary garage. Commissioner Turgeon stated she objects to the location of the driveway on Grant Lorenz Road and asked if there was any way the existing garage can be expanded to provide storage for equipment. Mr. Dickson replied that there is not enough space to expand the existing garage. Commissioner Collins suggested putting up "blind driveway" signs to help alert approaching motorists. Planning Director Nielsen stated that the sight lines will need to be improved by removing some of the brush, however, as it will be so slightly used, signs may not be needed. Nielsen recommended that the applicant meet with staff to make sure the sight lines are clear enough. Commissioner Skramstad questioned if any trees were to be removed. Mr. Dickson replied that this area is heavily wooded, so some trees will come down, however, he . is attempting to keep as many large trees as possible. Commissioner Turgeon asked if tree protection will be required during construction. Planning Director Nielsen stated that it can be a condition of the permit. Commissioner Collins stated that the applicant has expressed concern and a desire to preserve as many trees as possible, and replace any that need to be replaced. Mr. Dickson agreed, stating he wants to keep the lot heavily wooded. Councilmember Lizee expressed concern on the location of the driveway, as it is very close to the intersection of Grant Lorenz Road and Edgewood. Commissioner Collins stated that the applicant is trying to improve his property and is very concerned about the well being of the vegetation and trees on it. . Collins moved, Bailey seconded a motion to recommend approval of a Conditional Use Permit for accessory space over 1200 square feet for William Dickson, 26245 Birch Bluff Road subject to staff recommendations and the recommendation that tree preservation measures be taken during construction and a retaining wall be placed on both sides of the driveway, and the old driveway be filled and landscaped. Motion passed 6/0. . . . PLANNING COMMISSION MINUTES AUGUST 3,1999 - PAGE 5 4. PUBLIC HEARING C.U.P. AND SETBACK VARIANCE FOR A SUBSTANDARD SHORELAND DISTRICT LOT Avvlicant: Location: Patrick and Victoria McConnell 4300 Enchanted Drive Planning Director Nielsen presented information regarding the request for a C.U.P. to build on a substandard lot on Enchanted Island, presenting a site plan and house plans. In 1995, a C.U.P. was requested and approved, however, this request is much better planned. The house fits the lot very well, and conforms to most setbacks. He noted that bad soil is a problem, and pilings will be used on the house rather than removing soil and refilling. Also, front yard setbacks do not comply, but this is in keeping with the character of the area, as most houses on Enchanted Drive are even closer to the street. Planning Director Nielsen explained that taking out the existing abandoned tennis court is an improvement in regard to having less impervious surface as now exists. Staff recommends protecting existing vegetation during construction, on both sides of the property. Also, use of pilings for the house, and that erosion control measures be taken during construction. The applicant has one year from the City Council approval to apply for a building permit. Keith Waters, Keith Waters and Associates, was available to answer questions and stated his belief that the property would be improved with this change from the abandoned tennis court to a residence. Chair Callies asked if it would be possible to build the house so that it complies with front yard setbacks. Mr. Waters stated it would not be impossible, but very nearly. Commissioner Turgeon questioned where their dock would be and what kinds of vegetation will be placed between the house and lake. Ms. McConnell replied that some will be kept natural, mostly coming up the hill, and some sod and yard will be added. Commissioner Collins questioned the location of a well for this residence and if it would be close to the oak trees that are to be preserved. Planning Director Nielsen stated it would likely be in the front yard, likely directly out from the front entrance, not near the oak trees. Commissioner Collins questioned why the 1995 plans were never completed. Planning Director Nielsen stated that plans were continually changed, soil problems were never resolved and, eventually, the permit expired. This time, a different applicant is involved. PLANNING COMMISSION MINUTES AUGUST 3, 1999 - PAGE 6 . Chair Callies opened the Public Hearing at 8:10 p.m. Susan Skiem, 4325 Enchanted Drive, addressed the Planning Commission, asking if the trees along the fire easement will be protected during construction. Planning Director Nielsen replied that both sides of the property will be protected. Mr. Knrl Schuele, 4320 Enchanted Drive, stated he is in favor of this plan and believed it is a vast improvement over the previous plan. However, one concern is that the City has pushed show into this lot over past years, and he is wondering what will be done now. Planning Director Nielsen stated that likely the snow will need to be hauled away. Ms. Schuele stated she would like to have that in writing. Hearing no further public input, Chair Callies closed the Public Hearing at 8:14 p.m. Commissioner Skramstad questioned the optional storage room shown on the plans, and asked if that was included in the total of hardcover in the plan. Mr. Waters stated if that optional room is put in, his company would make sure that the plan is . still within the percentage of hardcover allowed, and within the side yard setback. Commissioner Woodruff questioned how many trucks will be needed to haul the tennis court away and bring in materials for the house. Mr. Waters replied that he does not yet know what is under the tennis court and cannot accurately reply until this is revealed. Commissioner Woodruff stated she is concerned about the number of trucks and where they will be parked, as there is not room for much equipment in that area. Planning Director Nielsen replied that he would work with the construction company on that, and it would need to be carefully coordinated. Commissioner Turgeon stated that residents could call and complain if need be, and Planning Director Nielsen can monitor the construction as he does with other cul-de-sac construction sites. Turgeon stated she remembers the 1995 plan and believed this one is a definite improvement. Commissioner Skramstad questioned how lake setbacks were arrived at. Planning Director Nielsen stated it is the average setback of the surrounding properties. . PLANNING COMMISSION MINUTES AUGUST 3,1999 - PAGE 7 . Commissioner Skramstad stated he would like to have more discussion on whether this is appropriate. Planning Director Nielsen stated this is how it is defined in the ordinance. Collins moved, Turgeon seconded a motion to recommend approval of a front yard setback variance for a single-family dwelling at 4300 Enchanted Drive. Subject to staff recommendations. Motion passed 6/0. Bailey moved, Turgeon seconded a motion to recommend approval of a Conditional Use Permit to build a single-family dwelling on a substandard shoreland district lot for Patrick and Victoria McConnell, 4300 Enchanted Drive, subject to staff recommendations. Motion passed 6/0. 5. CANCELED 6. MATTERS FROM TO THE FLOOR There were none at this time. 6A. MINUTES . Chair Callies questioned whether the way the minutes were kept, in general, is in question. Commissioner Turgeon stated she feels there are more specific problems with last meetings' minutes. Chair Callies then stated the most expeditious way may be to re-do the last set of minutes. However, if the entire content is in question, that needs to be addressed. Commissioner Bailey stated he would like to see more detail in the minutes. Commissioner Turgeon suggested some subjects be "pieced together" if the discussion swings to a different topic and back, as that is one of the problems with the minutes from the last meeting. Commissioner Bailey disagreed, stating if that is the way it is discussed, that is what the minutes should reflect. Woodruff moved, Collins seconded, a motion to direct that the minutes be redone for the July 20,1999 Planning Commission meeting. Motion passed 6/0. . . . . ~ PLANNING COMMISSION MINUTES AUGUST 3, 1999 - PAGE 8 7. DRAFT NEXT MEETING AGENDA Items for the next meeting include: Study Session on Housing Chapter Final Draft of Natural Resources Chapter Final Draft of L-R District Ordinance 8. REPORTS Commissioner Turgeon questioned when the projects list, originating from the Comprehensive Plan, could be done. Planning Director Nielsen stated it could be done after the Comprehensive Plan is done. Commissioner Turgeon stated that Commissioner Anderson was to be the liaison to the City Council on August 9th, but he was not present tonight. Turgeon stated she would be available on August 9th. Councilmember Lizee reported that the City has not yet heard back from the school district regarding the telecommunications equipment for the west water tower. 9. ADJOURNMENT Collins moved, Bailey seconded adjourning the meeting at 9:50 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Kristine Kitzman Recording Secretary TimeSaver Off Site Secretarial, Inc. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 17, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Bailey, Woodruff, Turgeon, Anderson and Skramstad; Planning Director Nielsen, City Engineer Brown, and Council Liaison Lizee. Absent: None Chair Callies discussed concerns about how Planning Commission meetings are run. Commissioner Bailey was concerned about the lack of continuity. He suggested having everyone comment in an orderly fashion. Chair Callies did not agree and believed not everyone has something to say every time. She perceived the Chair would like discussions to be cut off when there are disagreements, and she did not agree with that. Commissioner Turgeon stated it is apparent to get comments that someone is okay with the project. Sometimes when there is more discussion, it is a benefit to the project. She agreed with Commissioner Bailey's suggestion to go around the table for comments. Chair Callies believed if a commissioner has something to say, they should say it. Council member Lizee didn't believe the Chair should be expected to cut people off. It is the recognition factor and making a pause before a motion is made and seconded. She believed putting the public hearing process on the overhead is a good idea. Commissioner Woodruff stated she isn't having any problems and speaks up or doesn't speak up when she wants to. Commissioner Turgeon suggested the Chair ask if there is any more discussion before a motion is made. Commissioner Bailey didn't think anyone should be cut off unless they're way out in left field. He discussed the need for organization. PLANNING COMMISSION MINUTES . AUGUST 17, 1999-PAGE2 Chair Callies stated she will ask if there is more discussion but preferred not to go around the table. Planning Director Nielsen stated the normal procedure is to have a motion, a second, and then further discussion before a vote is taken. Chair Turgeon preferred more discussion rather than the need to hurry and make a motion without enough discussion. Chair Callies discussed the need for civility and order. Planning Director Nielsen discussed the meeting minutes. He stated what is done should be recorded rather than what was said. Commissioner Turgeon was concerned about concerns being raised without any response. Commissioner Anderson asked what kind of feedback the residents are giving staff. Planning Director Nielsen stated it is more a case of what happened at a meeting and having to find it in the minutes. . Commissioner Anderson stated we need to look at who is using the minutes. It is important for the user to get what they need. Chair Callies believed the minutes have been rather abbreviated. Recording Secretary Link discussed her experience with minute taking and how it varies from city to city. Council member Lizee discussed the purpose of minute taking. Commissioner Anderson discussed his concern about having two recording secretaries for the Planning Commissioner. Planning Director Nielsen stated the worksession is much more difficult to record, but it is important to record who spoke from the public at the regular Planning Commission meeting. Commissioners discussed the previous meeting's minutes. They stated they would give the recording secretary feedback at the next meeting. APPROVAL OF MINUTES Planning Commission Minutes - August 3, 1999 . PLANNING COMMISSION MINUTES . AUGUST 17, 1999 - PAGE 3 Bailey moved, Turgeon seconded a motion to recommend approval of the minutes of August 3, 1999 as amended: Page 3, 5th paragraph, "lawnmowers and other gasoline-operated equipment were; Page 4, add to Motion: a retaining wall be placed on both sides of the driveway, and the old driveway be filled and landscaped; Page 4, paragraph before the motion: concerned is spelled incorrectly; Page 6, 4th paragraph: Mr. Schuele's first name is spelled "Karl"; second sentence, same paragraph, "snow" instead of "show;" Motion passed 6/0/1. Commissioner Anderson abstained from voting. STUDY SESSION 1. COMP PLAN REVIEW - Natural Resources Planning Director Nielsen was fairly confident this chapter could be discussed briefly. Commissioner Anderson asked if this is how it now appears in the Comp Plan. Planning Director Nielsen stated this is how it will appear in the new Comp Plan. . Planning Director Nielsen reviewed the wetlands and shoreland map. Commissioner Anderson asked if there are many wetlands that are not Wetland Conservation Act (WCA) wetlands. Planning Director Nielsen stated all the city wetlands fall under the Wetland Conservation Act. He stated as of four years ago, the Wetland Conservation Act was adopted into the Code and setbacks have been established. Commissioner Anderson asked ifthere is much dispute about the city-designated wetlands. Planning Director Nielsen explained how wetlands are recognized and eliminated as part of a development calculation. He noted that the WCA wetlands are less stringent than they previously were as far as replacement guidelines are concerned when compared with city-designated wetlands. Commissioner Anderson didn't believe the city should be more strict than the WCA. Planning Director Nielsen stated the only difference is that city-designated wetlands are subtracted out when a development is calculated. Commissioner Anderson asked if similar cities operate the same way. . Planning Director Nielsen explained how some cities will allow a density transfer. He believed Shorewood is as restrictive as it gets. PLANNING COMMISSION MINUTES . AUGUST 17, 1999 - PAGE 4 Commissioner Anderson asked if we have made many exceptions. Planning Director Nielsen discussed two occasions where exceptions were made. Commissioner Bailey questioned Item 4 in the summary. Planning Director Nielsen stated it is accurate. Commissioner Turgeon questioned Item 5 and suggested active enforcement be added. Planning Director Nielsen stated he recalled the conversation where it was discussed. Commissioner Bailey suggested adding "will continue to be actively enforced" after wetland code in Item 5. Commissioner concurred. Commissioner Anderson discussed his concerns about ground water quality. He cited Item 20 on page NR-8. He stated he would like more language added that ground water is important to the City and that a plan is being developed with other regulatory agencies. . Council member Lizee stated there are ordinances which will address many of Commissioner Anderson's issues. She asked if something should be added to the Comp Plan. Planning Director Nielsen stated it would be an appropriate location to add a section on ground water quality after NR-16. He stated he will draft something up for future review. Commissioner Bailey suggested re-titling the surface water section to encompass both surface and ground water. Planning Director Nielsen suggested titling it "Water Resources." Commissioner Anderson asked if anything needs to be added to discuss other forms of retaining drainage waters other than NURP ponding. Planning Director Nielsen discussed the ineffectiveness of NURP ponds in developments. He suggested the development of a watershed fund. He stated a storm water management plan is in the development stage as well. Commissioner Turgeon suggested the first sentence in the second paragraph be made into two sentences. Planning Director Nielsen agreed to make the change. . PLANNING COMMISSION MINUTES . AUGUST 17, 1999-PAGE5 Anderson moved, Woodruff seconded a motion to recommend approval of the Natural Resources section subject to review of the water quality additions. Motion passed 7/0. - Communitv Facilities Planning Director Nielsen stated the majority of information in this section is Council decision rather than Planning Commission discussion. He stated the biggest change has to do with city water. He stated it isn't the purpose of the Comp Plan to provide city water, but the city will try to get water to anyone who wants it. He stated 100% is no longer needed to supply services to a neighborhood. He stated Planning Commission comments were taken into consideration. Commissioner Woodruff noted "planning" is spelled incorrectly on page CF-6. She was concerned about the acquisition of land language on page CF-7, Item 7. Planning Director Nielsen stated it doesn't preclude the city from acquiring land. Commissioner Anderson asked if other cities have water systems that would permit a future "South Lake" water system. . Planning Director Nielsen stated there are interconnect possibilities between cities, but it doesn't work to "open all the valves" and call it one system. He stated there have been cooperative efforts but have stopped short at combining the systems. He stated there are relatively drastic differences in the systems. In response to a question from Commissioner Anderson, Planning Director Nielsen discussed the differences between the sanitary sewer systems in the neighboring cities. He also discussed other cooperative efforts between cities. Commissioner Turgeon asked if the map on page CF-25 should be updated to include the shelter at Freeman Park. Planning Director Nielsen stated it is close enough to not need updating. Commissioner Anderson discussed the expansion of school facilities. Commissioner Skramstad noted pages CF-16 through CF- 20 are not included. Planning Director Nielsen noted they are all backs of maps. Commission Skramstad asked if there needs to be something included about the municipal liquor store. . Planning Director Nielsen believed it is a separate operational issue rather than under community PLANNING COMMISSION MINUTES . AUGUST 17, 1999-PAGE6 facilities. Commissioner Bailey asked on CF-31 on the second to last paragraph, the 1994 date should be amended in some way. Planning Director Nielsen stated the entire sentence would be revised. Commissioner Collins suggested the last sentence in the last paragraph on page CF-14 be amended, and the percentage be removed. Council member Lizee stated the last sentence is important. It would depend on what a super- majority is defined as. Commissioners concurred the percentage should be removed. Turgeon moved, Bailey seconded a motion to recommend approval of the Community Facilities/Services Plan. Motion passed 7/0. The Planning Commission recessed at 8:30 p.m. and reconvened at 8:39 p.m. - Housine: . Planning Director Nielsen discussed the format of the Housing Chapter. He discussed suggested goals for the chapter, a number of which were identified in the LMACC Housing Report. Programs are available for all the cities, but they won't all be used. Policies, however, will vary from city to city. There is a list of possibilities the city can choose. The intent will be to pick what will work for Shorewood. He discussed housing goals. He stated there isn't a lot of opportunity available, because Shorewood is 90% developed. We need to look for areas that might be available for other varieties of housing. In terms of affordable housing, the City will focus on housing for seniors. This will provide housing that doesn't presently exist. This will provide housing and create a vacuum effect and provide housing for starter homes. He stated he doesn't see Shorewood making drastic changes in their zoning code and changing lot sizes. He stated areas of further study have been identified where higher density could be allowed. Commissioner Anderson stated we have a pretty well established pattern of housing. He believed the homes already here should be protected by having safe communities, good services, and good school systems while protecting the values. Planning Director Nielsen stated if there is no interest, then the second goal can be removed. Commissioner Skramstad stated Met Council might be concerned about that. Planning Director Nielsen stated Met Council is more interested in a variety of housing. He stated the current issue is the idea of dispersing affordable housing throughout the region. They don't have . any way of making cities do that. Their Livable Communities Act is there for cities to be or not be PLANNING COMMISSION MINUTES . AUGUST 17, 1999-PAGE7 a part of. Shorewood believed it would be better to recognize cities need to share in this issue and what they can do to reach these goals. It's intended to be a cooperative effort. Commissioner Anderson asked at the current development rate, what percentage would be developed within five years. Planning Director Nielsen stated he hasn't done any projections yet. A lot of what is left to develop isn't in large chunks. The last of the larger tracts would be developed within five years, but there aren't many of them left. He stated there are also redevelopment opportunities. Commissioner Anderson asked how we should approach this chapter this evening. Planning Director Nielsen stated a goal statement should be developed. Housing issues should also be developed. Chair Callies asked how Shorewood should identify the 10% that is left and how to make the most of what is left. . Planning Director Nielsen discussed the cost of land vs. the cost of a house on a lot. He stated there is a percentage of affordable housing in Shorewood. He stated he doesn't see Shorewood doing a lot of new affordable housing. Commissioner Turgeon didn't believe the remaining tracts of land are large enough for affordable housing. Planning Director Nielsen stated if any opportunity for affordable housing exists, it would be senior housing. Commissioners discussed housing in Shorewood. Planning Director Nielsen stated Shorewood has historically gone for less density. Chair Callies stated that one of the goals should be to decide that we want to develop the last 10% rather than actually state what should be done. Planning Director Nielsen stated the land use plan identifies the development areas. He discussed housing varieties. Commissioner Bailey stated he likes the housing issues as stated. Planning Director Nielsen discussed the housing issues. He believed the housing maintenance issues are self correcting. He discussed the character of existing neighborhoods, variety of housing . types, senior housing, and affordable housing/livable communities participation. The goal would PLANNING COMMISSION MINUTES . AUGUST 17, 1999-PAGE8 be to focus on the housing we already have. Commissioner Anderson asked how many rental properties there are. Planning Director Nielsen stated there are 100 rental units. Commissioner Collins asked if there is any site housing in Shorewood. Planning Director Nielsen stated he isn't aware of any in the city. Chair Callies suggested each person writing a couple goals. Planning Director Nielsen stated the LMACC report identifies a number of policies which can be included. Commissioner Anderson stated values should be maintained as a goal. Planning Director Nielsen stated goals are broader, and property values would be objective. . Chair Callies suggested a goal could be to maintain the variety of housing options existing to meet the needs of a varying population and explore opportunities to broaden the variety of housing where appropriate. Planning Director Nielsen and commissioners discussed additional goals. It was noted the first goal would be revised to "provide safe, healthy and affordable housing..." Planning Director Nielsen stated his intent is to look at the LMACC report to develop objectives. Chair Callies suggested commissioners pick out some policies they like. Planning Director Nielsen stated it would make his job easier. Planning Director Nielsen stated under the 1995 Plan, there are several areas which identify senior housing. He discussed objectives of the senior housing program and how seniors could be allowed to remain in their homes. He discussed locations for senior housing. He stated the study identifying the sites needs to be updated and sites where zoning would apply could be selected. He stated the ordinance currently in place should remain. Chair Callies questioned why there is a senior housing ordinance. Planning Director Nielsen stated without the ordinance, senior housing won't happen. He explained the lesser impact of senior housing on a community. . PLANNING COMMISSION MINUTES . AUGUST 17, 1999 - PAGE 9 Commissioners discussed senior housing in Shorewood and whether the ordinance should be done away with. Commissioner Turgeon stated it should be allowed; it should happen when it is needed. Commissioner Bailey believed it isn't mandating senior housing. It is just letting it happen when needed. Commissioner Collins stated he would prefer senior housing. Planning Director Nielsen asked if land should be zoned for senior housing. Chair Callies stated she would prefer to ,zone it for multiple. Planning Director Nielsen stated objective f should be removed. Planning Director Nielsen discussed senior housing issues. He also discussed language in the 1995 Plan under senior housing and recommended additions and deletions. He stated a site analysis study needs to be updated and neighborhood input gathered. . Planning Director Nielsen stated he would like commissioners to identify goals and objectives they like in the LMACC report. 2. MATTERS FROM THE FLOOR Commissioner Turgeon asked if the Planning Commission would ever see the July 20 minutes. She asked if cheat sheets would be provided prior to the neighborhood meetings for the Comp Plan. Planning Director Nielsen stated they would be provided prior to the end of the month. He suggested they read up on the chapter summaries. The cheat sheets will state what has changed between the 1995 plan and this plan. Commissioners discussed the dates and when they could attend. Commissioner Turgeon asked if the Aerial Communications (APT) proposal passed. Council member Lizee discussed recent City Council actions. The APT proposal was discussed and continued to the September 13th meeting. Council member Lizee stated the LR District was approved with minor changes. . Council member Lizee stated a resident is looking for the Council's impression on how they would vote on establishing a flag lot. The resident does not want to get a survey because ofthe cost. PLANNING COMMISSION MINUTES . AUGUST 17, 1999 - PAGE 10 Council member Lizee stated the Sensible Land Use Coalition is having a meeting on Wednesday, August 28 on land uses. Commissioner Anderson is the next liaison to the City Council meeting. 3. DRAFT NEXT MEETING AGENDA Items for the next meeting include: setback variance bluff variance conditional use permit for accessory space on Shady Island 4. REPORTS 5. ADJOURNMENT Anderson moved, Collins seconded adjourning the meeting at 10:10 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED. Clare T. Link . Recording Secretary . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 7,1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Commissioner Collins called the meeting to order at 7:03 p.m. ROLL CALL Present: Commissioners Bailey, Woodruff, Turgeon, and Anderson; Planning Director Nielsen and Council Liaison Lizee; Later arrival: Commissioner Skramstad (7:07). Absent: Chair Callies APPROVAL OF MINUTES . Bailey moved, Anderson seconded approving the August 17, 1999 Planning Commission Meeting Minutes as amended: Page 3, Item 1, Paragraph 6, Sentence 1, change "wetland conservation wetlands" to "Wetland Conservation Act;" Page 9, Item 2, Paragraph 4, change "aerial proposal" to "Aerial Communications proposal;" Page 9, Item 2, Paragraph 5, Sentence 2, change to read, "The APT proposal was discussed and continued to the September 13 meeting." Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING -C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ.FT. Applicant: Location: T. O. and A. V. Kvalseth 4980 Shady Island Circle Commissioner Collins explained the procedure for the public hearing, noting that the Planning Commission is only an advisory body with the City Council to take final action. Planning Director Nielsen explained that the owners propose to demolish the existing home, replacing it with a new home and an attached garage. Since the new garage, when combined with other existing accessory buildings on the property, will exceed 1200 square feet of area, a conditional use permit is required. The property is technically a comer lot and is zoned R-IC/S. A graphic was shown of the existing site plan with house and 2 buildings. The lot is not quite 40,000 square feet and 9.57% of the area . . IS non-pervIOUS . The structure by the lake is non-conforming with lake setbacks. The other building appears to be some kind of guest quarters or playhouse. The owners of the property have indicated that the PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 2 . building has no plumbing, so it does not qualify as a second dwelling. The owner wishes to keep the two accessory buildings that exist on the property. Staff is recommending that the nonconforming structure be moved into compliance with setbacks or removed altogether. A revised plan of the proposed house was received today with a second story. The previous report indicated that both buildings would have to go or the larger one reduced in size. With a second story adding square footage to the house, the total amount of accessory space will conform to the requirements of the c.u.P. It was noted that the surveyor has shown the existing water level, and it is recommended that the survey be revised to show the ordinary high water level. The lower building is 30 feet too close to the shoreline. The proposed garages are an integral part of the new house. Consequently the architectural character of the garage is not an issue. It is a two-story design, which appears to be a single level garage from the Shady Island Point side, and the second level appears to be a two-car garage from the street side. One issue is with the larger of the accessory buildings. The applicants have indicated that it is to be used as a gazebo or cottage. It is not to be considered as an independent building. The applicant is asked to explain what is to be done with that building in terms of architectural character. . The Staff Report recommends approval of the Conditional Use Permit subject to a number of conditions: a. The smaller building near the lake should be moved into compliance with setback requirements or removed from the site. b. The larger of the two buildings must be inspected to verify that it does not have plumbing. c. The applicant must provide a revised survey showing the ordinary high water level of Lake Minnetonka. d. Item c. should be resolved before the Council adopts a resolution approving the c.u.P. e. Items a. and b. must be resolved prior to any framing inspection for the new home. Mr. and Mrs. K valseth were present to represent their application. Mrs. K valseth asked to correct a misunderstanding. In the application, they never told the building official there was no plumbing in the second building. There is no kitchen in that building. There is a bathroom, however the building is not, and would not, be used as a living quarters. . Mrs. Kvalseth said they are present to ask for the Conditional Use Permit and ask for the Commission's consideration to change some of the conditions. They would like to keep the two small buildings. Their understanding is that one factor in deciding on a C.U.P. is to look at adverse affects to the property. They feel they are enhancing the property by tearing down an ugly building and replacing it with a nice house. They are bringing the property more into compliance with code because the new house will be within setbacks and up to the current building codes. PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 3 . The smaller building that is close to the lake is to be used for storage and boat equipment and will not be changed. It is to be used for boating, which is an advantage to lake property. Mrs. Kvalseth explained that it is difficult to carry equipment from the house to the shore. It was also noted that the Commission wants to keep as much natural environment as possible. With the construction of the new house, they are not disturbing the environment toward the lake. The new house will be less of a blot on views from the lake. The property owner has no problem with providing a new survey at the ordinary high water level. They thought they had presented a survey with the correct high water mark, and will have a new survey drawn and turned in. Mrs. K valseth also cited an example of two other Shorewood properties in the same area. One is a home that is building a large addition and will have over 1600 square feet of accessory space, yet did not get a Conditional Use Permit. She provided plans that show buildings that are too close to the shore, and are, in fact, in the lake. Another is on Howard's Point where the owner got a Conditional Use Permit for accessory space over 1200 feet and was permitted to keep buildings down by the shore and an existing boathouse which is too close to shore. Mrs. Kvalseth stated that it seems their plans are an enhancement to the property and they should not be required to take the smaller building down. . Mr. Kvalseth spoke about the 2nd building being unlivable. It is connected to a sewer line and has toilet facilities, but is not designed for occupancy. He has tried to use it for a den to work in, but it is too cold even with the use of a gas heater. Nielsen was not able to address the question of the other two examples, as he had not seen the handouts from the owner. As far as the issue of plumbing in the one building, there could be a condition added to C.U.P., stating that it will not be converted or used as a dwelling. Mrs. K valseth said they would be happy to comply with that. One of the examples of other property improvements was identified and Planner Nielsen explained that the existing structure was not demolished in that case. The Kvalseth's plan is to demolish the existing home and leave 2 accessory buildings. The Code says that if property is destroyed by less than 50% of its value, the accessory property is not required to come to compliance. There was also an explanation of the improvements made to the other property in question. Mrs. K valseth asked if there would be no problem with the accessory buildings if they simply remodeled the house rather than destroy it. The answer was that they could do a remodel (if destroying less than 50% of the present value) and not have to remove the accessory buildings. . Mr. Kvalseth asked about the logic of allowing a remodel, without asking for compliance to code for accessory buildings. The overall improvement to his property would be greater even without changes to the accessory buildings, since they are replacing the entire house with a much nicer structure. PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 4 . Commissioner Collins explained the City's approach to bringing older properties into compliance with newer rulings. He added that some owners get around it by remodeling a bit at a time. The idea is to get everything hack to standard. He explained that it is unreasonable to expect major changes to property when there are lesser improvements such as a new deck or a remodel proj ect. Mrs. K valseth agreed, but noted that Shorewood is one of few cities where other buildings are affected when one is rebuilt if they are not even touching the other buildings. Collins explained the problem of situations where old barns and out buildings were allowed to remain when a new house was built. Mrs. K valseth asked for clarification of the 50% rule. Does it refer to the value of the building only, or the value of the entire property with land? Nielsen said it is structure only. Commissioner Anderson asked if there is another garage under the main garage. Nielsen said yes, and it is all part of the total square footage. The discussion was open to public comment. Commissioner Collins asked three times if there was anyone who would like to speak to this issue. No one spoke and this portion of the public hearing was closed. . Commissioner Turgeon spoke regarding the small building near the lake. She said the Planning Commission has been very consistent over the years on the requirements of properties that have been totally razed or taken down to 50% or more-and in getting those properties into conformity whether in shoreline district or not. Turgeon added that Shorewood has many homes on the lakes that are a lot higher on a hill than this one would be. In walking the property, she estimates only about 20 steps from the shoreline uphill and does not find that to be too much of a hardship. The building itself is in poor shape and would probably not sustain a move. She said that she personally doesn't know why the owner would want to keep it if they are building a brand new house on the property. Turgeon stated that she wants to be sure a new survey is provided showing the ordinary high-level watermark, since there is a deck on the upper level, which may protrude over the water. Speaking for herself, she would rather see the building be moved. This has been asked of Christmas Lake residents and Lake William residents. There is no reason to make an exception, as it does not appear to be a boathouse, but rather a fish-cleaning house. As far as the upper building, it does have an air conditioner, which indicates it was probably used for sleeping or as a guesthouse. Turgeon definitely wants the recommendation to state that it can not to be converted and used as dwelling. Viewing the plans for the new house, she is not sure why the owner would keep that building either, (as a personal opinion). . In summary, Turgeon would recommend approval based on two conditions: 1) that the larger accessory building can not be used as a dwelling and, 2) the smaller building is to be moved up within the buildable area once the high-level watermark has been determined. PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 5 . Commissioner Bailey stated that the City has a compelling interest to try to bring properties in that area into conformity and the C.D.P. is an appropriate time to do it. He agreed with Turgeon to approve the recommendation as currently recommended by staff. Skramstad agreed with both Commissioners and made no further comment. Commissioner Woodruff also stated agreement. In looking at the building by the lake, she wondered if it would be flooded in the event of high water anyway, and thinks it needs to get moved back or removed. She added that the owner's plan for the new house will certainly be an improvement to the property. Commissioner Anderson stated that he also thinks the house plans are wonderful and echoed comments of the other Commissioners. He recognizes that, while there is apparently some attachment to keeping the buildings, the City does have interest in bringing properties up to code, whether it seems fair or not. He agrees with conditions recommended by staff. Commissioner Collins stated that he has consistently opposed the removal of old buildings. However, in this case, the smaller building should be moved or better yet, destroyed. It is important that the C.D.P. states that the 2nd building not to be used for a dwelling, and yet he does not want to be too restrictive as to its use. . Turgeon moved, Woodruff seconded to approve a Conditional Use Permit for the Kvalseths subject to staff recommendation, plus the additional recommendation that the larger accessory building can not be converted and be used as dwelling. Motion passed 6/0. Collins stated that the recommendation will go to City Council for consideration and action at the September 27 meeting. 2. 7:15 P.M. PUBLIC HEARING - FRONT YARD AND BLUFF SETBACK VARIANCES Applicant: Location: Scott M. Olson 6125 Ridge Road Commissioner Collins stated for the record that this is the third Scott Olson from the area applying to the Planning Commission and this Scott Olson is not the same person as either of the others. Planning Director Nielsen explained that the property owned by Mr. Olson is located between Silver Lake and Christmas Lake. A drawing with the location of the existing home was shown on the overhead. Mr. Olson wishes to take down the building and rebuild. A survey was shown of the property with the 65-foot setback from Ridge Road and ISO-foot setback from Silver Lake, indicating that the existing house does not comply. . Nielsen noted that it would be tough to comply with current setback requirements on this lot with the very steep incline from Ridge Road to Silver Lake. As a result, the existing house doesn't comply with the bluff requirements the City adopted about 2 years ago in conformance with state requirements. PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 6 . The owner proposes to rebuild the house pretty much in the same location of the existing one. The driveway will remain in its present spot and widened a bit to accommodate a 3-car garage (which is currently a 2-car garage). The variance application is for the set back to Ridge Road and a variance to the bluff requirements as it is being pushed a little further down slope. The owner points out in his application, the existing drainage problems from Ridge Road to the house. He proposes to push the building back further, which makes it comply-not completely, but better-to front yard setback requirements and also provides room for drainage to flow around the house. The house is not an extremely large house. Nielsen pointed out that the drawing is a bit deceiving in that Ridge Road is at a higher level than it appears in the exhibit. In actuality, the house will look more like a single story home, when viewed from the street, than it indicates on the drawing. The house is taller from back-two stories with a walkout level. It is within the 35-foot height requirement for the ordinance. From the Silver Lake view, the site is very wooded so much ofthat elevation will be covered by trees. (Nielsen showed photos of the existing property to demonstrate how wooded the site is.) The house has 985 square feet of floor area on each of two stories, with another 635 square feet in the walk out basement. . Staff recommends that the variances be approved. Despite the variances, the proposed building is a bit better in compliance with code than the existing house from a zoning standpoint, and far better in compliance with current building codes given the damage to the structure itself. Staff recommends the following of conditions as part of the approval: 1) Prior to any construction activity, including demolition, construction limit fencing and erosion control barriers must be erected. Those would be placed 15 or 20 feet from the house itself. 2) The site plan should be revised to provide parking spaces or pull outs on the north end of the site. This has been required, where feasible, on many of the properties on Ridge Road due to the extremely narrow traveled surface of the road. This could happen fairly easily on the north end of the site with very little disruption. 3) Site grading and drainage should be subject to review and approval by the City Engineer. Nielsen added that a landscape requirement would be somewhat meaningless because the lot is so heavily wooded, so it is not included in the recommendation. Mr. Olson added that the main reason he is doing a rebuild and demolition is due to the condition of the house and the design of the structure. It is a cantilevered house on stilts, which are up to 12 feet long in one area. When he purchased the house, he planned to renovate it and add a basement. Further into the structure he discovered that the cantilevered decks have rotted into the house, beyond the support of the steel beams. This is one of reasons he is not remodeling the house. . Mr. Olson agrees with the idea of adding parking. He noted that he did have a serious problem getting insurance for the home because of some of its current problems. Also, in looking into PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 7 financing, most banks asked about the foundation, sometimes disqualifying it for financing and . insurance. He added that the present house doesn't match the quality of others in neighborhood. Commissioner Skramstad asked if significant trees need to be taken down. Mr. Olson referred to the drawing and said there are seven (one oak and six basswood). Most of the trees are being retained since the new house will be in the same area as the existing house. There were no other questions from the Planning Commission. The meeting was opened for public comment. Mr. Steve Rosenberg, 6175 Ridge Road, explained that his property is south of Olson's by two parcels. He read a statement describing delays and difficulty in obtaining a building permit for construction of his home. He asked that "good sense be used in considering Mr. Olson's variance request" and that additional off-street parking spaces be required for construction traffic. A copy of his entire statement was provided for the property file. Greg Swirtz, 6090 Ridge Road, stated that his house is directly across the street from Olson's. He said he has no problems with construction vehicles or other aspects of the project. He offered part of his property for parking space during the project. Mr. Rosenberg asked how long Mr. Swirtz had lived at his current address. . Mr. Swirtz replied, one month. Commissioner Collins asked Mr. Olson if it is his intent to resell the property right away after making the improvements. Mr. Olson said that he does not plan to sell. He loves the area and wants to continue to live there. He would like to build closer to the lake, but cannot because of the lake setback. He agreed that there would be increased traffic congestion during construction. Beyond that, it is still a single family home on the same spot. He offered his own off street parking to be available for future uses, as well. Commissioner Collins asked (3 times) if there was anyone else who wished to speak to this issue. There were no other comments and the hearing was closed to public comment. Commissioner Bailey asked if the proposed house would qualify to be built ifthe lot were empty. Nielsen said not without a variance. The question of reasonable use would come up and there would be a case to be made for hardship. Bailey asked if the lake setback is treated differently than the road setback. . Nielsen said there is nothing in the code that says that, but historically that has been the case. Where there has been a variance one way or the other, the City has typically pushed closer to road and away from the lake (whether Lake Minnetonka or Christmas Lake or others). PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 8 Bailey asked if there were anything that could be done to adjust the design to stay within current . requirements. Nielsen explained that Mr. Olson met with staff before designing the house and it was designed based on staff suggestions as much as possible with setbacks, etc. Bailey asked about undeveloped areas along the lake and whether anyone could walk in and say the setbacks are too strict and then expect the City to grant variances. Nielsen said if it is a buildable lot in terms of area requirements (as this one is) that would make a difference. He added, however, that if someone came to subdivide a property, he would not recommend creating a lot like this one. Turgeon added that this lot is not unlike many of the Christmas Lake and Silver Lake areas that the Commission has already dealt with. The hope is that the architect or developer has used their most creative ways to work with the setback requirements. It seems that Mr. Olson has done a good job of working with staff to stay 150 feet from the lake. Turgeon said that she does want to see a pull out area required for parking and would also like to see measures taken to preserve trees that are close to the 15 foot area. There should be no stock piling of dirt so to ensure that tree root zones aren't compacted or trees lost in construction. The builder must follow tree preservation suggestions. . Anderson asked if the City has other roads like Ridge Road that are actually private drives. Nielsen said there are a few, but not any as long as Ridge Road. He named a couple (Club, Island View) that are privately maintained-but do not have the same physical characteristics as Ridge Road. Nielsen added that this site has an advantage over others that have been built on Ridge Road, in that the part where the structure is located, is not as severe a slope in relation to the road. The driveway is level from the road, which is good, and it will be kept that way. Anderson asked about emergency and service access on Ridge Road. Nielsen said it is a problem for fire trucks and cited the example of a fire at a new construction site a few years ago. As a result of that incident, some residents are interested in city water, but it is too costly. Anderson asked if there are other recommendations, besides parking. Nielsen mentioned the erosion control and construction barriers, so the work doesn't extend beyond the site. Anderson asked if it is possible in the future, to consider widening the road, or at least providing space for traffic and parking. Nielsen said that it has been done where possible. He is pleased with the offer from Mr. Swirtz to allow construction traffic to park on his property. . Woodruff said that she visited the property on that day and it is not possible to get more than one vehicle there at a time. She added that it is a beautiful area and it won't hurt to build a nicer home on the lot. . . . PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 9 Skramstad asked if there could be a staging area for heavy equipment. Nielsen said it is difficult to do in most cases because of the slope of the land. The best bet is when neighbors allow for construction traffic. The loading and unloading of materials creates the greatest congestion. It would be advisable to schedule deliveries during off-peak hours. Collins agreed with Skramstad about having a staging area as recommended by Mr. Rosenberg. He asked if there is something that can be done to work on that aspect. Turgeon asked whether it should be part of the recommendation or just have staff monitor the site. Collins suggested that staff monitor staging and scheduling of deliveries. Turgeon moved and Anderson seconded to approve the Setback Variances for Scott Olson subject to staff recommendations, plus the recommendation that staff address staging and scheduling of construction equipment and materials, and present it to the Council at their meeting on the 27th of September. Turgeon amended the motion to include tree preservation measures. Anderson seconded. The motion passed 6/0. Commissioner Collins reminded Mr. Olson that this is only an advisory body and the matter will be referred to the City Council for consideration and action at their meeting on September 27. Collins recessed the meeting at 8:10 p.m. and reconvened at 8:20 p.m. 3. STUDY SESSION - COMP PLAN The draft of the Housing Chapter is not completed. Planning Director Nielsen asked Commissioners who have not yet submitted goals to turn those in to him and he will assemble them for consideration at the next meeting. 4. MATTERS FROM THE FLOOR Commissioner Woodruff reported that she has not received copies of Park Commission or City Council Minutes since August 1 st. Other Commissioners reported that they have been receiving them. Commissioner Turgeon asked about the "missing" Planning Commission Minutes and offered to rewrite them. Nielsen will look for the tape recordings and see they get to Turgeon. Commissioner Collins read a note that he received from a resident about the idea of garbage consolidation for the city. Nielsen read from the recommendation under the Community Facilities Chapter and explained the purpose for the proposal. He also gave examples of how it might occur, noting that the topic will be subject to a lot of discussion. There are a number of alternatives, such as requiring local collection with lighter weight vehicles or bidding out the entire city to one contractor. The favored plan is to divide the city into 5 or 6 districts and contract to the lower bidder for each area. There were no other matters from the floor. . . . PLANNING COMMISSION MINUTES SEPTEMBER 7, 1999-PAGE 10 5. DRAFT NEXT MEETING AGENDA Housing Chapter of the Comp Plan will be on the agenda of the September 21 meeting. There will be a public hearing on the Comprehensive Plan. The Commissioners volunteered to attend Council meetings as Planning Liaison as follows: September Turgeon October Collins November Woodruff December Bailey Commissioner Turgeon asked about the November Planning Commission schedule. (Election Day is November 2.) It was agreed that since the Comprehensive Plan will be completed by then, the Planning Commission will meet only once in November, on the 16th. 6. REPORTS Nielsen reported that a number of items on the last Council meeting agenda requiring a 4/5 vote were tabled to September 13 since only 3 Council members were present. Two of those items are the APT request Conditional Use Permit and the Dickson Conditional Use Permit. Nielsen added that there was question raised about the location ofthe driveway, which is not even on the Dickson property. He explained how it appears to be on the property, but is deceiving because a comer of the property is actually on the north side of the driveway according to the survey. The new driveway will be on Dickson's property and at least 5 feet from the property line. Commissioner Turgeon pointed out that one of the recommendations was that the old driveway be filled and landscaped. She asked if the property owner would have to do that for the neighboring property. Nielsen said Dickson would have to get permission to do so. 7. ADJOURNMENT Anderson moved, Bailey seconded to adjourn the meeting at 8:36 p.m. Motion passed 6/0. Respectfully Submitted, Connie Bastyr Recording Secretary . . . CITY OF SHOREWOOD SOUTHSHORE SENIOR/COMMUNITY CENTER PLANNING COMMISSION MEETING 5735 COUNTRY CLUB ROAD TUESDAY, SEPTEMBER 21,1999 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:05 p.m. ROLL CALL Present: Chair Callies; Commissioners Woodruff, Turgeon, and Bailey; City Administrator Hurm; Planning Director Nielsen, and Council Liaison Lizee. Late arrival: Commissioner Skramstad (7: 15 p.m.) Absent: Commissioners Collins, Anderson APPROVAL OF MINUTES Planning Commission Minutes - August 17, 1999 Bailey moved, Turgeon seconded approving the September 7, 1999 Planning Commission Meeting Minutes as amended: Page 3, first sentence: used for storage and boat equipment. Motion passed 3/0/1. Chair Callies abstained from voting. STUDY SESSION 1. 7:00 P.M. PUBLIC HEARING - REVISIONS TO THE COMPREHENSIVE PLAN Chair Callies opened the public hearing for comments and questions. Kim Koehnen, 6115 Seamans Drive was present to hear about the Comprehensive Plan and had no questions. The public hearing was closed. Planning Director Nielsen discussed the Comprehensive Plan update of the 1995 plan. He noted four chapters have been completed. He highlighted changes incorporated into the 1999 plan as compared to the 1995 plan. He noted the first plan was written in 1981. He stated each of the chapters consists of a goals and objectives section and applies these to the community itself in the way of a plan. He stated the Natural Resources chapter includes a graphic which shows the amount of wetlands and shoreland. The significant changes includes allowing builders and developers to contribute to a special fund for reforestation. Locations in parks have been identified for trees. Land conservation opportunities are also identified. Shorewood is approximately 90% developed. . . . PLANNING COMMISSION MINUTES SEPTEMBER 21, 1999 - Pg. 2 Planning Director Nielsen stated the Land Use chapter of the Comprehensive Plan is consistent with the 1995 plan. The plan is to continue the pattern established and make the land use plan consistent with the City's current zoning map. Areas of further study identified in this section are the marina properties and property on County Road 19 previously shown as Medium Density Residential. This property has been identified as a possible conservation area. Also being studied is the Carmichael's Auto Salvage Yard. The use is inconsistent with Shorewood's residential character. It is an area that the City is looking at redeveloping at some point. He stated senior housing is now being addressed in its own chapter. Planning Director Nielsen stated the Transportation chapter's most significant change is the identification of a hierarchy of streets throughout the City. Two areas of further study remain. A number of direct access points to Highway 7 will be closed off as part of an agreement with MN/Dot. He also discussed a plan to reconfigure the intersection of Smithtown Road (Country Club Road) and CSAH 19. The goal is to keep traffic on County Road 19. He discussed preferred routes to the south and the need to discourage shortcutting traffic. Planning Director Nielsen stated the other significant item in the Transportation plan is the Park Commission's trail concept plan. He discussed the process the Park Commission has proposed to determine where trails should be located, the type, and prioritization. Planning Director Nielsen discussed the Community Facilities chapter which includes sanitary sewer, storm sewer, park system, and community buildings. A continuation of the 1995 plan is proposed. The City intends to continue to work with the Metropolitan Council to reduce sewer fees. A storm water study is being done, and a rough draft has been completed. Water is the single most significant change from the 1995 plan. Forty percent of the community is served with city water. The current plan states water will be provided on a demand basis. He identified park facilities throughout the City. He stated the Park Commission has identified the need to look at land acquisition in the way of tax forfeited and highway give-back properties. Planning Director Nielsen stated the Housing chapter has not been completed and will be discussed later in the agenda. Kim Koehnen asked what the well depth is in the City. Planning Director Nielsen stated they average 180-220 feet while some areas are as deep as 600 feet. Commissioner Bailey stated residents need to understand these unique features of the city. Some of the economics of digging a new well are not understood. Commissioners and staff discussed well drilling. Planning Director Nielsen stated not having City water has not deterred development III Shorewood. Chair Callies asked what the timetable would be for the Comprehensive Plan. . . . PLANNING COMMISSION MINUTES SEPTEMBER 21, 1999 - Pg. 3 Planning Director Nielsen stated he intends to invite the City Council to the next Planning Commission work session to review the Comprehensive Plan. He hoped the Housing chapter would be completed by that point. He hoped it could then be adopted in November following a public hearing on the Housing chapter. 2. DISCUSS HOUSING CHAPTER Planning Director Nielsen explained how the goals and objectives in the Housing chapter were developed following review of the LMACC report. He reviewed the goals identified in the chapter. He discussed the possibility of another community providing senior housing with financial help from communities that do not have the land available. Planning Director Nielsen reviewed the proposed objectives identified in the chapter. He stated more information can be provided to residents by the City. Commissioner Turgeon stated she would like more information provided to residents regarding what is available in the City. Planning Director Nielsen discussed the rental housing objective. He noted rental housing properties are currently inspected and licensed for a three-year period. Planning Director Nielsen discussed the objective to promote available community services and funding availability. Planning Director Nielsen discussed the objective to develop a senior housing program to keep seniors in their homes or provide a variety of housing types. Suitable sites for housing would be identified. He explained how sites would be identified. Commissioner Bailey asked if three-acre lots should be discouraged for use as senior housing. Planning Director Nielsen stated that more suitable sites should be identified. Commissioner Turgeon stated a three-acre parcel would be suitable if it were an apartment building. Commissioner Bailey believed road blocks shouldn't be put in the way of small developments. He believed senior housing would be a reasonable and maybe preferred use of a smaller site. Planning Director Nielsen stated the intent is to develop other housing options for seniors rather than single family housing. Councilmember Lizee left the meeting at 8:30 p.m. . PLANNING COMMISSION MINUTES SEPTEMBER 21, 1999 - Pg. 4 Commissioner Turgeon asked when a survey could be done of what kind of housing is needed. Planning Director Nielsen stated if the City doesn't identify what is needed, the market will. Planning Director Nielsen discussed housing condition and maintenance. Generally, the housing condition is in pretty good shape. Character of existing neighborhoods will come into play with senior housing. He discussed the variety of housing types and the need to focus on senior housing. Planning Director Nielsen discussed affordable housing and the City's intent to continue their participation in the Livable Communities program. Planning Director Nielsen reviewed policies. The Planning Commission recessed at 8:40 p.m. and reconvened at 8:45 p.m. Commissioner Skramstad questioned whether some areas are addressed more than once and could possibly be consolidated such as violations. Planning Director Nielsen stated violations pertain more to nuisance situations such as junk cars. . Commissioner Woodruff asked who decides what maintenance is needed. Planning Director Nielsen stated the City doesn't go out and look for problems. They get pretty bad before the City is made aware of maintenance issues. Commissioner Woodruff believed properties should be rehabilitated rather than demolished. Commissioners discussed whether item four should have the phrase "whenever possible" removed. Chair Callies believed the entire statement should be removed. Following more discussion Commissioners concurred the statement should remain as is. Commissioner Turgeon stated she would like to see the Lake Minnetonka sub-region changed to South Lake Minnetonka. Planning Director Nielsen stated it is more of an advantage to look at the entire Lake Minnetonka sub-region. He discussed the advantages. Commissioners discussed Variety of Housing, Item 5. Commissioners agreed it should be removed. Commissioner Skramstad suggested Variability, Item 2 be changed to read respected and maintained rather than reinforced, maintained and upgraded. . Commissioners discussed Variety of Housing, Item 3 and the terminology "rent rates. If . . . PLANNING COMMISSION MINUTES SEPTEMBER 21, 1999 - Pg. 5 3. MATTERS FROM THE FLOOR None 4. DRAFT NEXT MEETING AGENDA Planning Director Nielsen stated he will talk about a proposed lot split. 5. REPORTS Planning Director Nielsen stated the LMACC Housing meeting will be on Thursday, September 24 at the Southshore Senior/Community Center. 6. ADJOURNMENT Skramstad moved, Woodruff seconded adjourning the meeting at 9:07 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED2 Clare T. Link Recording Secretary . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 5, 1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Anderson, Woodruff, Turgeon and Skramstad; Planning Director Nielsen. Later Arrival: Council Liaison Lizee (7:43) Absent: Commissioners Collins and Bailey APPROVAL OF MINUTES Woodruff moved, Skramstad seconded approving the September 21, 1999 Planning Commission Meeting Minutes as amended: Page 1, Last Paragraph, Line 3, change II 1991 II to "19~1." Motion passed 4/0. Anderson abstained. 1. 7:00 P.M. PUBLIC HEARING -C.U.P. FOR MULTIPLE SIGNAGE Applicant: Location: Shorewood Village Shopping Center, Inc. 23680 State Highway 7 Planning Director Nielsen explained the request from representatives of the Shorewood Village Shopping Center for a conditional use permit for multiple signage. They have submitted a sign plan in written and graphic form, proposing that the four anchor tenants will have more than one sign and each of the other tenants will have one sign. Neilsen described the proposed distribution of signs on the various parts of the building, noting that the restriction of square footage to 10% of the building silhouette would allow 945 square feet of sign space. The plan as submitted is within the allowable area. The individual tenants' signs are also within the 25 square feet allowed per tenant for signage. The one issue at this point is that the size of the freestanding sign for the center is unknown. The City has recommended to the applicant the possible incorporation of a message board that can be changed as needed. The center is allowed only two temporary sign permits per year, and a message board would allow for changeable announcements for the many businesses and their various sales and events. Nielsen cited the example of the Waterford Center, which uses a message board and therefore does not need to deal with temporary sign permits. . . . PLANNING COMMISSION MINUTES OCTOBER 5, 1999 - page 2 Nielsen added, as far as the e.u.P. goes, the City's ordinance allows for window signage, but it counts against the total square footage allowed. It is also hard to enforce because tenants do their own thing. Even with that, tenants still put up window signs. The City is looking for ways to enforce that policy with the tenants. The applicant is asked to address how the management of the Center will enforce this. The recommendation is to approve the e.u.P. for Shorewood Village Center, subject to the following: A. The applicant must provide dimensions for all major tenant signage (e.g., only one sign has been shown for the hardware store, even though two are described in Exhibit B-6), to verify the 450 square foot limitation. B. The applicant must provide dimensions of the freestanding sign, and show where the sing will be located on the property. Also, information should be provided as to how the sign may be lit. e. The applicant should explain how management of the center will enforce the sign plan, specifically with respect to window signs. D. The applicant should seriously consider incorporating a permanent message board into the sign plan. Nielsen pointed out that the highway intersection in front of the center is going to be redone and should be considered in the positioning of the freestanding sign. It was noted that two tenants of the center have the ability to put window signage on exterior windows, according to the current lease. Nielsen said that would count into their area of allowed signage, adding that we don't want a problem of excessive signage such as the example of the Tonka Bay liquor store. Nielsen explained there is a demand for signage for special events by several tenants. Individual tenants use up temporary sign permits, and after two, they are gone. (Signage inside the building is not restricted by these signage limitations.) Chair Callies opened the Public Hearing portion of the meeting. Property Manager for the Center, David Schebel said that he had no official statement. He commented that the management is spending a great deal of money to upgrade the appearance of the center and he feels that their effort brings the property more into conformity than what has been there prior to the improvements. He is concerned that window signage is included in the e.U.P., but can deal with that. Mr. Schebel cited two other concerns: 1) He does not have any information or cost estimates about a signboard and feels it may be difficult to incorporate. He would rather administer two permits per year. 2) The hardware store has two exposures and is being allowed three signs instead of two. . . . PLANNING COMMISSION MINUTES OCTOBER 5, 1999 - page 3 Nielsen said that the written plan should be incorporated as an exhibit. It was also pointed out that the individual stores are responsible to design their own signs, so they may not be exact as shown in the current drawings. Some color photographs of the proposed signs were shown to the Planning Commissioners. Mr. Schebel explained that the signs are not lighted. Also, they are affixed with silicone so they can be pealed off when a tenant leaves. This is an advantage since there will be no holes to fill. Chair Callies asked about the proposed location of the freestanding sign. Mr. Schebel said they have held off on that decision since there is no formal plan for the intersection change. It will be in the same general area, front and center of the property. He offered to provide a "best guess" based on a plan as given by the City. The sign will likely be to the east of the current location by 15 to 20 feet. Commissioner Anderson asked about the timing of reconstruction of the highway intersection. Nielsen said it is scheduled for next year. Chair Callies asked how to condition this without that information. Nielsen suggested they state it "to be approved according to setback requirements at a later time." Commissioner Turgeon asked how this C.U.P. differs from that of the Waterford center. Nielsen said it is similar to the center itself, except the Waterford C.U.P. allows for two freestanding signs instead of one. Mr. Schebel said the management of the Shorewood Village Center would like to eventually add a second sign to their property at a later date. It would be to the west of the first freestanding SIgn. Commissioner Turgeon asked how far the property extends to the west. Nielsen displayed a map of the area, showing the property's boundaries. He said the decision for a second sign can be left open for now, since they would have to come in for approval at that time anyway. There was further discussion about the option of temporary signage vs. the City's suggestion of a signboard. Commissioner Woodruff asked if the plan is too preliminary for a recommendation at this time. Nielsen said the freestanding sign is probably going to be okay and will be worked out. On the question of window signage, the applicant will have to make a choice. Mr. Schebel pointed out that each sign would be individually approved. This step is just to set the parameters. Chair Callies said if they comply with limits for interior and exterior signage, there is nothing else for the Commission to address. Commissioner Turgeon said she would like to see what the window signs would look like. Nielsen responded that they could have more questions answered by the next Planning Commission meeting before going to Council for approval. . . . PLANNING COMMISSION MINUTES OCTOBER 5, 1999 - page 4 Commissioner Turgeon later asked that a letter from Alfred Lounsbury, dated October 1, 1999 be included in the Minutes, for the record. A full copy of the letter is kept in the property file. Turgeon moved and Anderson seconded that the public hearing be closed and the matter tabled until the October 19 Panning Commission meeting. Motion passed 5/0. 2. SUBDIVISION/COMBINATION (LOT LINE REARRANGEMENT) Applicant: Location: Ron Smith 20435/20445 Radisson Road Chair Callies noted that this is not a public hearing. Planning Director Nielsen said this is a good example of someone fixing their own problem. The property owners have agreed to convey approximately 4364 square feet of property from Kimberly Curler to Ron and Nancy Smith. The reconfiguration of the lot line does not diminish the size of either lot below the R-IA requirements. Both lots also meet minimum width requirements. Nielsen said one issue to resolve is with existing drainage and utility easements. The City Engineer doesn't feel strongly that we need to replace them along the lot line. Staff recommends approval as submitted. Nielsen added that nothing in the City's ordinance precludes the new configuration. He introduced the Smiths who were present to answer any questions. Mr. Smith explained that they are buying the segment of land and eradicating an eyesore. Commissioner Anderson asked if there was another solution to alleviate the problem, adding that the new lot line will be strangely shaped. Mr. Smith said a fence would block the view, but there should not be a problem with the lot line change. He added that the property looks continuous. Nielsen asked if the existing driveway stays the same. Smith said yes, in fact the driveway is the primary reason for the change. Chair Callies said it appears the change complies with City ordinances. Commissioner Turgeon asked if there is anything needed from Ms. Curler. Nielsen replied that the easements don't affect her. Mr. Smith said they are not planning to build anything there, so they don't need to address easements. Council Liaison Lizee arrived. (7:43) Commission Turgeon asked Planning Director Nielsen if, in the future anyone would ask to put something there, will it cause a problem because of the uneven lot line? Nielsen said the area is so large, doesn't adversely affect what they might want to do. . . . PLANNING COMMISSION MINUTES OCTOBER 5, 1999 - page 5 Smith stated that they are precluded from doing anything there in the purchase agreement. Anderson moved, Woodruff seconded to approve the request as presented. Motion passed 5/0. 3. STUDY SESSION - HOUSING CHAPTER OF COMPREHENSIVE PLAN Nielsen recommended they go forward with the joint meeting to talk about portions of the Comprehensive Plan which are finalized. The Housing Chapter is not complete, but they can discuss its outline. Chair Callies asked about the procedure for going through the Comprehensive Plan document. Nielsen will send a memo to Council, explaining they should highlight their concerns and touch only on those in discussion. 4. MATTERS FROM THE FLOOR There were no matters from the floor. 5. DRAFT NEXT MEETING AGENDA Turgeon said that all have committed to be present except Council member Stover. Nielsen explained there will be one public meeting on the Housing Chapter. The next meeting is a study session with Council. There will be only one meeting in November. Anderson said there will have to be one more for the public hearing on the Housing Chapter. 6. REPORTS There was discussion about the LIR district and marinas. Nielsen said it would probably come in for reapplication for the Comp Plan amendment. He will then give a status report to the Planning Commission. Chair Callies reported that she attended the lake area meeting on affordable housing. It seems to be group in flux with the various City Administrators deciding who should be involved, what should be their goals, and how specific to be in their outcome. The group seems to not have a lot of direction at this point and is not meeting regularly. The purpose of establishing the group was originally for compliance with Met Council directive. Nielsen explained that the Cities got together originally to do a housing report. It was suggested that they carryon with the affordable housing issue, which would be better tackled by multiple jurisdictions. One of recommendations was to have a Lake Minnetonka Housing and Redevelopment Authority to coordinate a housing effort. He added that it is hard to work with even 4 cities in a joint power arrangement. It is even more difficult with 14 cities, especially with varying situations of each city. . . . PLANNING COMMISSION MINUTES OCTOBER 5, 1999 - page 6 Woodruff reported that the Land Conservation Committee will meet on October 12 for an hour and a half. There is no chair or staff representative yet. They plan to meet prior to the Park Commission meeting so staff can more easily attend. Nielsen added there is a possibility of an intern, since one is within the budget. A decision is not made. Woodruff said that the group must prepare a budget by January. She added that it is a good group and she feels they will achieve a lot 7. ADJOURNMENT Woodruff moved and Skramstad seconded to adjourn the meeting. Motion passed 5/0. The meeting adjourned at 8:05 p.m. There was discussion about the appointment of a liaison to report to City Council for the month of October. Commissioner Collins had been assigned, but has been absent for the last two Planning meetings and would be unable to report. No one was available to take his place. Respectfully Submitted, Connie Bastyr Recording Secretary . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, OCTOBER 19, 1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:05 p.m. ROLL CALL Present: Chair Callies; Commissioners Anderson, Woodruff, and Skramstad; Planning Director Nielsen; Mayor Love and Councilmembers Lizee and Zerby (arrived at 7:25 p.m.). Absent: Commissioners Bailey and Collins; Councilmembers Stover and Garfunkel APPROVAL OF MINUTES Anderson moved, Woodruff seconded approving the October 5, 1999 Planning Commission Meeting Minutes as written. Motion passed 4/0. 1. C.U.P. FOR MULTIPLE SIGNAGE (CONTINUED FROM OCTOBER 5,1999) Applicant: Location: Shorewood Village Shopping Center, Inc. 23680 State Highway 7 Chair Callies noted this item was continued from the previous meeting, but the public hearing was closed at that time. The applicant was asked to get additional details. Planning Director Nielsen reviewed the additional information regarding the free standing sign and where it will be located based upon the plan for revising the Highway 41/7 intersection in front of the Center. The City Engineer is okay with the plan. The sign will be eight square feet which includes the base. He noted the applicant is not interested in having any window signs. He stated it will be a big improvement on what is currently there. Chair Callies asked if the signs inside the grocery store are considered window signs. Planning Director Nielsen stated they are. Window signs plastered on the windows would not be allowed under the new plan. David Schwebel, property manager, stated True Value Hardware will be applying for three rather than two signs. Planning Director Nielsen indicated the three sign request will be made a part of the resolution for approval. PLANNING COMMISSION MINUTES . October 19, 1999 - Page 2 Mr. Schwebel stated some directional signage might also be needed. Planning Director Nielsen indicated that wouldn't be part of the multiple signage calculation. Planning Director Nielsen asked if indirect lighting would be used on the freestanding sign. Mr. Schwebel stated it would be internally lit. In response to a question from Commissioner Anderson, Mr. Schwebel stated the parking area would be redesigned, and additional lighting would also be considered. Commissioner Anderson asked if the billboard on the hill has anything to do with this proposal. Planning Director Nielsen stated that is a separate piece of property. Chair Callies noted the applicant had considered using a permanent message board and has determined that they will not do that. Planning Director Nielsen stated the applicant will handle any requests they have for temporary signage internally. Anderson moved, Woodruff seconded to recommend approval of the request for multiple signage at Shorewood Village Shopping Center subject to staff recommendations; the owner will handle applications for temporary signage internally. Motion carried 4/0. . STUDY SESSION 2. JOINT MEETING WITH CITY COUNCIL TO DISCUSS COMPREHENSIVE PLAN Planning Director Nielsen stated the intent for the meeting was not to make a formal presentation. He explained the background of presentations up to this point. He stated the Housing Chapter is still being written. There is direction from the Planning Commission relating to revisions for this chapter. He stated the intent is to use the LMACC housing study as a base for inventory information and goals, objectives and policies. The Housing Chapter will focus on senior housing. The plan is to update the ordinance in place by increasing criteria, lowering density, and referencing an updated site evaluation study. The field of suitable sites will be narrowed as well. The sites will then be publicized, public hearings will be held, and the locations will be incorporated into the Comprehensive Plan. Planning Director Nielsen stressed the importance of cooperating with other lake area communities to identify sites for affordable housing. Planning Director Nielsen noted a housing condition a number of years ago which indicated the stock of housing is quite good and improving. He discussed the need to publish information about home improvement grants in the community. . Planning Director Nielsen suggested those present discuss any areas they believed should be PLANNING COMMISSION MINUTES . October 19, 1999 - Page 3 revised. He discussed the next steps which include a separate Housing Chapter public hearing, a study session on November 16, a public hearing on December 7, and submittal to the City Council on December 13. He stated it is a tight timeline but believed the joint meeting would help streamline the process. Mayor Love stated the communication has been great, and he appreciated all the work that has been put into the preparation. Councilrnember Lizee stated the plan is very reasonable and workable and will make sense to most people. Commissioner Woodruff wished more people knew about it. She was disappointed at the low turnout at the public hearings. Councilrnember Lizee believed more interest would be sparked once various committees start getting involved in the implementation. Mayor Love stated with the move to strategic planning in 2000, his hope would be to pull in more residents when the determination is made to incorporate planning with the Comp Plan. . Commissioner Anderson asked if the Comp Plan would be posted on the website. Planning Director Nielsen indicated it would be on the website using bullet points and effective graphics. Commissioner Anderson asked when the senior housing moratorium will expire. Planning Director Nielsen stated it will expire the end of 1999. Commissioner Woodruff asked the Council what their idea is relating to housing. Mayor Love stated it is easy to talk about affordable housing, but Shorewood cannot provide it. He stated his support of the senior housing moratorium is based on where the housing will be located. He stated Shorewood has a responsibility to participate. Planning Director Nielsen gave a background on previous senior housing discussions and why the moratorium was put into place. Councilrnember Zerby stated the biggest concern raised was the density issue. Mayor Love stated affordable senior housing was also a major concern. Councilrnember Zerby stated residents are concerned about protecting their property values. Planning Director Nielsen discussed the impact of transportation on senior housing. He discussed results of the survey relating to what senior citizens are looking for. . PLANNING COMMISSION MINUTES . October 19, 1999 - Page 4 3. MA TTERS FROM THE FLOOR There were no public comments. 4. DRAFT NEXT MEETING AGENDA There will only be one meeting in November. There will be a discussion of a variance to live in a house while the new one is being constructed and a lot split. There will also be only one meeting in December on December 7 when the public hearing on the Housing Chapter will be held. Commissioner Woodruff volunteered to be the liaison to the October 25 City Council meeting. Commissioner Anderson volunteered for the November 22 City Council meeting. A volunteer for the December meeting will need to be selected. 5. REPORTS Commissioner Woodruff stated the Land Conservation Committee will be touring the Gideon Glen property prior to the next meeting to review the full scope of the project prior to the next meeting on October 26. Commissioners discussed the property. Planning Director Nielsen stated there are several funding options available for the City should it be purchased. . 6. ADJOURNMENT Woodruff moved and Anderson seconded to adjourn the meeting at 8:00 p.m. Motion passed 4/0. Respectfully Submitted, Clare T. Link Recording Secretary . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, 16 NOVEMBER 1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Collins called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Collins, Commissioners Anderson, Bailey, Skramstad, Turgeon, and Woodruff; Planning Director Nielsen, Council Liason Lizee; and Public Works Director Brown. Absent: Councilmember Callies APPROVAL OF MINUTES . Planning Commission Minutes-October 19, 1999 Anderson moved, Bailey seconded, Turgeon abstained, approving the Planning Commission Minutes for October 19, 1999, as amended on Page 3, paragraph 8, "Commissioner Anderson asked when the senior housing moratorium would expire." and Page 3, Paragraph 9, sentence 3, "He stated his support for the senior housing moratorium." Motion carried 6/0. 1. C.U.P. FOR SUBSTANDARD LOT IN SHORELAND DISTRICT Applicant: Location: Leo Slechta 4205 Enchanted Lane Director Nielsen reported noncompliance with one area of the Zoning Code. The lowest floor elevation must be three feet above the ordinary high water level of Lake Minnetonka. Currently, the house is not above this elevation. Some redesign of the house would be necessary to comply. Additionally, some trees may need to be removed per Forester's evaluation and replanted as part of damage incurred to the lot during summer storms and compaction from construction on the neighboring lot. Mr. and Mrs. Slechta were in attendance and stated it was not their intent to be below the high water level mark. Mr. Slechta stated they would like to add fill to the lot to raise elevation of the lowest floor and would prefer to have a half basement with nothing under the living area of the . house in an effort to provide compliance with the Code. . . . PLANNING COMMISSION MINUTES 16 November 1999 - Page 2 Anderson moved, Woodruff seconded, approving the motion approving the C.U.P. for a Substandard Lot in the Shoreland District for Leo Slechta, 4205 Enchanted Lane, with the condition that final design plans are presented to staff demonstrating compliance with the Code, and that a forester examine the trees on the lot for injury. Motion carried, 511. Turgeon voted nay because she did not feel comfortable approving the plans until they fit the site. Director Nielsen explained this matter will come before the City Council on November 22, 1999, for consideration. 2. C.U.P. FOR SIX-FOOT FENCE IN SETBACK AREA Applicant: Location: Kirk Dickey Adjacent to 3221 Highway 7, Chanhassen Director Nielsen noted Mr. Dickey was not able to be in attendance this evening. Nielsen explained Mr. Dickey owns two separate parcels, legally combined, which comprise the lot for his home. Ninety feet of the lot lies in Shorewood, the rest, including his home, lies in Chanhassen. Mr. Dickey is in compliance with all Code criteria to erect a six foot fence within the Shorewood portion of the lot. Commissioner Turgeon questioned whether the applicant has an official survey versus the plat drawing shown in Exhibit B. Nielsen responded the applicant needs to verify the survey. Anderson moved, Turgeon seconded, a motion approving the C.U.P. for Kirk Dickey, 3221 Highway 7, as stated subject to staff recommendations. Motion carried 6/0. Director Nielsen explained this matter will come before the City Council on November 22, 1999, for consideration. 3. VARIANCE FOR TWO HOUSES ON ONE LOT Applicant: Location: Kim Koehnen 6115 Seamans Drive Director Nielsen provided background information explaining this is one of two applications before the Commission this evening for this location. The related issue is a subdivision of this property, and some issues may overlap. He noted historically requests such as this have been granted through a variance. However, it is difficult to meet variance criteria and suggested the Zoning Code be changed to handle this situation through a Conditional Use Permit. Ms. Koehnen was in attendance and provided additional background information about the property. . . . PLANNING COMMISSION MINUTES 16 November 1999 - Page 3 The public hearing was open at 7:38 P.M. A letter of approval from Steve and Karen Frazier, 6125 Seamans Drive, was submitted to the Commission. Mr. Jay Venero, 5985 Seamans Drive, was in attendance and also stated his support for this variance request. The public hearing was closed at 7:40 P.M. All Commissioners seemed to be in favor of changing this issue to a C.U.P. in the future. Chair Collins stated he would recommend the six month limit for removal of the house and outbuildings be changed to twelve months as it is a more reasonable time limit with regard to the current building supplies market. Turgeon moved, Anderson seconded, approving a variance for two houses on one lot for Kim Koehnen, 6115 Seamans Drive. Motion carried 6/0. Chair Collins explained this matter will come before the City Council on November 22, 1999, for consideration. 4. PRELIMINARY PLAT-SEAMANS ESTATES Applicant: Location: Kim Koehnen 6115 Seamans Drive Director Nielsen provided background information on this property. Ms. Koehnen remained in attendance for discussion on the preliminary plat. Engineer Brown reported the most critical issue is drainage in this area. He summarized his report noting he is recommending approval contigent upon three conditions listed in his report. Chair Collins called for a five minute recess at 8:08 P.M., and reconvened at 8: 17 P.M. Ms. Koehnen inquired as to whether she was allowed to build on any lot once the lot has been platted. Nielsen responded once the subdivision is recorded, she is allowed to build on any lot as long as any building being done is conforming to lot requirements. Ms. Koehnen asked for clarification on the retention pond and utility issues. Engineer Brown stated there is concern as to why the drainage pattern is the way it is and what the implications would be to the drainage pattern after the lots are divided. Answers will be based on results from the applicant's engineer calculations, and what the Minnehaha Creek Watershed District finds about pollutant loading. He noted Nielsen clarified as long as the utli1ity service installation shows there is a design in place this can be done during the building permit stage rather than during the subdivision stage. Nielsen also responded that should Ms. Koehnen decide to plat the top two lots, she still is subject to dealing with the drainage pond. . . . PLANNING COMMISSION MINUTES 16 November 1999 - Page 4 Commissioner Anderson inquired about feasibility of municipal water being brought to these sites. Engineer Brown stated it would be possible but not financially feasible to bring water over to these lots from Eureka Road or from Highway 7. Commissioner Anderson also inquired about the NURP pond stating there are many issues needing to be addressed and depending on what decisions are made, different outcomes will arise. Brown responded that at this point they are not sure if a NURP pond is needed. Nielsen responded that the ponding issue can be addressed in the final plat, noting there is enough room to readjust lot sites if need be. Commissioner Turgeon asked Engineer Brown about status on ponding issue locally versus regional storm water ponds. Brown stated at this point the City is having to deal with local. ponding and this area is especially prone to dealing with stormwater runoff. He stated it would be approximately three to five years before there would be regional ponding. Turgeon inquired about handling maintenance of the NURP pond. Brown reported that in this case the homeowners, not the City, would handle the maintenance because it serves those lots. Chair Collins opened the public hearing at 8:37 P.M. Mr. Jay Venero, 5985 Seamans Drive, expressed concern about whether a NURP pond at this location would subject Ms. Koehnen to litigation from new homeowners due to the fact there is a variety of soils found in this area that can cause water damage to basements of existing and future homes. Engineer Brown responded that the applicant's engineer needs to examine the site and also, the pond may not need to be a structure, but that will depend on the flow going through the driveway culvert. Commissioner Turgeon requested that the applicant address these concerns and issues with her engineer and the final plat be returned to the Planning Commission rather than the City Council. Mr. Venero inquired about the best method possible for handling the pond issue. Engineer Brown clarified best management practices for Mr. Venero. Anderson moved, Woodruff seconded, a motion to table this discussion to a future meeting. Motion defeated 3/3. Public hearing was resumed. Mr. Venero expressed concern about the need for a retention pond and about requirement for a plat. Nielsen explained the Commission is dealing with division issues and right of way issues. Public hearing closed at 8:53 P.M. Commissioners Skramstad and Bailey liked the idea that Ms. Koehnen be allowed to move forward and talk with her engineer about these issues. PLANNING COMMISSION MINUTES 16 November 1999 - Page 5 . Commissioner Anderson was opposed because he did not feel there was resolution in the drainage issue and would like to address the issue about the feasibility of municipal water for these homesites. Commissioner Turgeon inquired if there is a timeline that the applicant needs to follow for resolution of these issues. Nielsen suggested that resolution take place within sixty days from this meeting. Chair Collins thanked Mr. Venero for his comments and his knowledge about these matters. Turgeon motioned, Skramstad seconded, approving the preliminary plat with the condition that all staff recommendations and concerns be addressed and be brought back to the Planning Commission before January 4, 2000. Turgeon withdrew the motion. Commissioner Turgeon noted that without the approval of preliminary plat the Minnehaha Creek Watershed District will not take action. Turgeon motioned, Skramstad seconded, approving the preliminary plat with the conditions that all staff recommendations and concerns be addressed, as well as the final plat be brought back to the Planning Commission prior to consideration before the City Council. Motion carried 6/0. . The commission recessed at 9:08 P.M. and reconvened at 9:17 P.M. 5. STUDY SESSION--COMPREHENSIVE PLAN-HOUSING CHAPTER Director Nielsen reviewed the changes made to date through page HO-9. Commissioner Skramstad corrected page HO-9, #2, line 3, " option" to "options," and #5, line 1, add "city" after "within." Director Nielsen summarized and explained the Housing Condition and Maintenance section as stated in the Comprehensive Plan. He noted the city may want to consider a "truth in housing" approach related to maintenace on existing homes. Commissioner Anderson stated he did not see a need for further regulation in this area. Commissioner Skramstad commented he liked the passive part of the "truth in housing" approach set forth in the document. Commissioners Bailey and Turgeon commented the goal to study the issue is appropriate. . Commissioner Anderson inquired if the policy allows for self-inspection of city property. Nielsen stated there is a part of the policy supporting this, and if there is a complaint from the public sometimes the Fire Marshall gets involved as well. PLANNING COMMISSION MINUTES 16 November 1999 - Page 6 . With respect to the Variety of Housing Options, Nielsen reported the housing market is affecting affordibi1ity more so than the City Plan. He also stated even increasing density is not providing Shorewood with affordable housing. Commissioner Turgeon suggested adding to page HO-12, paragraph 3, last line, "...62 years and older." With respect to the Senior Housing section, Commissioner Woodruff corrected the word "focussing" in the first bullet to "focusing." Councilmember Lizee suggested adding a fourth bullet to the end of the page stating: . Review the 1991 study and consider revisiting Senior Housing with a study implementing current and/or Census 2000 information. Commissioner Anderson commented he would like to see more discussion and study with respect to section 5.e related to senior services in the Housing objectives. 6. MA TTERS FROM THE FLOOR . Commissioner Turgeon noted concern for the staking problem with the Slechta property and also the changes made by the MCWD to Rule N. Nielsen stated it is difficult to keep up with changes, and he will keep them abreast of pertinent changes in the future. Chair Collins stated staff should begin work on fixing the variance for building two houses on one lot. Commissioner Skramstad left at 10:10 P.M. Commissioner Woodruff expressed concern about the NURP pond issues and noted it is difficult to know how to proceed as there are many variables yet to be decided. Commissioner Anderson inquired about the timeliness of addressing complaint issues regarding Commissioner Turgeon's question of the building at the Driskill's property site and Commissioner Anderson's complaint about the Minnetonka Country Club's outdoor storage of golf carts. Councilmember Lizee suggested the information about the CDBG be put into the newsletters in January and April, 2000. 7. DRAFT AGENDA . Next meeting is December 7, 1999. Topics currently include the Public Hearing on the Housing Chapter. Nielsen will provide any other new agenda items. There may be a small study session prior to the public hearing. . . . PLANNING COMMISSION MINUTES 16 November 1999 - Page 7 8. REPORTS There were no reports. 9. ADJOURNMENT Bailey moved, Woodruff seconded, adjourning the meeting at 10:27 P.M. Motion carried 6/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 7, 1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:06 P.M. ROLL CALL Present: Chair Callies; Commissioners Anderson, Bailey, Collins, Woodruff, and Turgeon; Planning Director Nielsen; Council Liaison Lizee Absent: Commissioner Skramstad APPROVAL OF MINUTES Turgeon moved, Anderson seconded approving the November 16, 1999 Planning Commission Meeting Minutes as amended: . Page 6, Item 6, Paragraph 5 add "regarding Commissioner Turgeon's question of the building at the Driskill's property site and Commissioner Anderson's complaint about the Minnetonka Country Club's outdoor storage of golf carts." . Page 4, Paragraph 4, Sentence 2 change "homeowner, not the subdivision," to "homeowners, not the City," . Page 1, Item 1, Paragraph 1, Line 4, change "will" to "may" and add "per forester's evaluation" after "removed." . Corrections throughout: Spelling of Nielson change to N-i-e-l-s-E-n and spelling of Vanero change to V-E-n-e-r-o. Motion passed 5/0. Callies abstained. 1. SIMPLE SUBDIVISION/COMBINATION (Lot Line Rearrangement) Applicant: Location: J ames Bruce 24075 and 24115 Mary Lake Trail Planning Director Nielsen explained that this is a pretty simple request from a zoning perspective. Mr. Bruce is a builder who owns both lots and would like more room for the home that will be on lot 5. The request is to pivot the lot line to the northeast. Nielsen added that the change is understandable given the topography of the property. The only complication is with the drainage and utility easements which would need to be vacated and replaced with new ones. Staff recommends approval subject to the following: . . The applicant must provide an up-to-date title opinion for both lots within 30 days. . . . PLANNING COMMISSION MINUTES DECEMBER 7, 1999 - page 2 · The applicant must provide deeds for the new easements. . The division/combination and the new easements must be recorded within 30 days of the applicant's receipt of the resolution. Mr. Bruce was in attendance to answer questions. Chair Callies asked Mr. Bruce if he had anything to add to Nielsen's report. He did not. Commissioner Anderson asked if there are any problems with trees being staked to complicate the plat. Nielsen said that was not a problem at all. Anderson moved and Woodruff seconded to approve the request as presented by staff with staff recommendations. Motion passed 6/0. This item will be on the December 13 Council agenda. 2. 7:30 P.M. PUBLIC HEARING - COMPREHENSIVE PLAN - HOUSING CHAPTER Because it was not yet 7:30 P.M., the Commission went to Study Session. Planning Director Nielsen stated that the section on senior housing has been finished and the addition which was recommended at the last meeting has been adjusted. Material has been added to encourage support services which would assist Seniors who wish to live in their homes longer. Nielsen will make a correction that Meals-on- Wheels is not supported by the Southshore Center. It was also noted that transit service has been improved for Seniors over what existed before. Beyond that, the Commission had talked about a sub-regional cooperative effort. The Housing Plan attempts to point out that the South Lake area as a whole is not a bad model for city planning. Given how little land is left to be developed, Nielsen thinks this is about the best we can offer. Commissioner Anderson asked if there were there any other changes from the last draft. Nielsen said he had made corrections from the outcome of the last discussion. He still doesn't have numbers for the Community Development Block Grant and will fill in those blanks before the City Council meeting. Nielsen displayed a graph of construction actIVIty from 1970 to October of 1999. New construction peaked in late 1980's to mid 1990's and has tailed off in the past 4 to 5 years. Nielsen said there will be an increase during 2000 because of the Shorewood Ponds project, and then back to the lower numbers. A second graph of new home structure values from 1970 to October 1999 was displayed. The average value of a new home (lot value not included) in Shorewood is $308,000, up from $32,000 in 1970. . . . PLANNING COMMISSION MINUTES DECEMBER 7, 1999 - page 3 Commissioner Anderson asked about a tax credit for people putting additions on their homes. Nielsen said this is likely referring to the program called "This Old House" which pertains to homes over a certain age and carries other requirements to qualify. The Housing Chapter does suggest getting the word out about such programs. Chair Callies asked if there were other comments or questions. Commissioner Turgeon recommended to reword the statement about Meals-on- Wheels to say that meal programs are administered through the South Shore Center. The Public Hearing was opened at 7:30 P.M. Planning Director Nielsen outlined the changes to the Housing Chapter and provided some background. He explained that the chapter was added to address local issues as well as concerns of the Metropolitan CounciL The chapter basically explains why it is difficult for Shorewood to do affordable housing (rather than describing how it will be accomplished). Nielsen listed other points covered in this section. Administrator Hurm arrived at 7:34 P.M. One suggestion is that zoning regulations should be addressed. The chapter also raises the question of if an R1-A district is practical for senior housing and focuses on the most suitable sites. It recommends that site analysis be re-done with the new information. Nielsen reiterated that the chapter does talk about encouraging seniors to stay in their homes as long as possible by providing support services. The chapter also recommends that, because Shorewood is 90% developed, a housing plan would be best done on a sub-regional basis and Shorewood should cooperate with other South Lake cities to tackle this together. Lake Minnetonka Area Cooperating Cities (LMACC) is considered a good vehicle for that by possibly creating a localized redevelopment authority. The graphs on construction activity and house values were again displayed and reviewed. Chair Callies asked if there were questions or comments from the floor. Resident Steve Frazier, 6125 Seaman's Drive, said he would like to give a few thoughts. He explained that he has been a Shorewood resident for 36 years and was mayor from 1976 to 1981, during which time the Comprehensive Plan was first developed. Mr. Frazier said he has very few qualms with the Comprehensive Plan housing document. He described the budget plan as a representation of the philosophy of the City, and the Comprehensive Plan as the spirit of what we want in this community and the hopes we have for it. Mr. Frazier referred to page HO-13 and stated that he agrees with senior housing and allowing higher density, adding that he is glad for the procedure that is being put into place. He asked that subjective values be excluded from the wording and cited an example from paragraph 3 of that page which refers to conflict with residents. . . PLANNING COMMISSION MINUTES DECEMBER 7, 1999 - page 4 On the subject of zoning, Mr. Frazier said that his feeling throughout the Eagle Crest ordeal is that zoning in all residential zones is too permissive. The focus was on what it does to the nature of the R-l residential area adjacent to the development. His recommendation is to possibly have a sliding ratio to make it more appropriate and not so permissive. Chair Callies asked for clarification of his recommendation, whether he is suggesting changes in the Comprehensive Plan or offering thoughts for future situations. Mr. Frazier said he is not prepared to reword the document, but when you adopt the philosophy, it drives the zoning ordinances for future. He explained for example, when he used the word, "permissive," it is just his way of stating that there is a need to modify zoning for appropriate housing. Mr. Frazier stated a concern with the practice of averaging the zones when there is more than one zone within a property (such as was done with the Eagle Crest development). Planning Director stated that is not true. The RI-A and RI-C were separated and densities are exactly what zoning allows. Mr. Frazier thanked him for the correction. He went on to say that he thinks something should be said about appropriate buffering between zones. Maybe it only needs to be in the zoning procedure, and not spelled out in this document. The last area Mr. Frazier said that neighbors had strong feelings about, is the effects on the actual residential nature of the neighborhood and the effects on environmental aspects and traffic flow. He stated concern about that in the current project at Eureka and Highway 7. Commissioner Turgeon stated that Mr. Frazier's thoughts are not that different from what the Planning Commissioners feeL The items he is looking at are more in the area of ordinances. Chair Callies said she would agree with the idea of keeping some things neutral. The statement in item 4 on page HO-13 could be reworded to remove the word "conflict" since it refers to only a point of view. Commissioner Anderson asked for clarification of the idea of buffering between zones. Mr. Frazier explained the idea of transitional zones between contrasting zones. Nielsen stated that the topic of buffering and land use transition is addressed at length in the Land Use section of the Comprehensive Plan. Policies in the Housing Chapter echo that as welL Chair Callies asked if there were any other questions for Mr. Frazier. Commissioner Collins disagreed with changing the statement on page HO-13, paragraph 3. He feels that the word "conflict" is a very accurate statement, historically. He would agree to remove the word "very" from the next line, but keep the word "conflict." . The Public Hearing was closed at 8:00 P.M. being that no one else was present. . . . PLANNING COMMISSION MINUTES DECEMBER 7, 1999 - page 5 There was a consensus among the Commissioners that the only suggestion is with item #4. It is otherwise a very good framework for now. Commissioner Turgeon said she would agree to removing the word "very" from item #4. Commissioner Bailey complimented Planning Director Nielsen for doing a good job on the Housing Chapter, especially since it was started from scratch. Nielsen asked about the word "conflict." The Commissioners agreed to leave it in and just remove the word "very." Anderson moved to approve the Housing Plan Chapter as presented by staff with the modification of "very" on page HO-13 and that we forward it on to the City Council for their approval. Bailey seconded. Motion passed 6/0. Nielsen said there will also be a brief introductory piece that goes with the Comprehensive Plan. The Council has approved the rest of the Plan and will get this portion for their December 13 meeting. Nielsen went on to explain the next steps for the Comprehensive plan and the Met Council's role. There will likely be some modifications, but any amendments will involve public hearings. 3. MA TTERS FROM THE FLOOR There were no matters from the floor. 4. DRAFT NEXT MEETING AGENDA Planning Director Nielsen reported that a letter is being sent to the Minnetonka Country Club regarding storage of golf carts. Also, the vacant building at Driskill's is secured. Commissioner Anderson asked that Driskill's be notified that there is concern about the building. Turgeon asked if Nielsen wants some help with the to-do list. Nielsen suggested that each Commissioner create their own list to compile with the others and prioritize projects to then create a work program. 5. REPORTS Commissioner Bailey will attend the December 13 Council meeting. Commissioner Woodruff reported that the Land Conservation / Environment Committee has hired an intern. He is a graduate student from Minnesota State University in Mankato and will work 20 hours per month starting immediately. The committee has submitted one grant application. Also, one member has resigned from the committee. . . . PLANNING COMMISSION MINUTES DECEMBER 7, 1999 - page 6 6. ADJOURNMENT Collins moved and Woodruff seconded to adjourn the meeting. Motion passed 6/0. The meeting adjourned at 8:26 P.M. Respectfully Submitted, Connie Bastyr Recording Secretary