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052008 pl mn CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 20 MAY 2008 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Gagne called the meeting to order at 7:00 P.M. ROLL CALL Present: Acting Chair Gagne; Commissioners Geng, Gniffke, Hutchins, Ruoff, and Vilett; Planning Director Nielsen; and Council Liaison Woodruff Absent: Chair Schmitt APPROVAL OF MINUTES ? 15 April 2008 Gniffke moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 15 April 2008 as presented. Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING –.PLANNING DISTRICT 6 - NONRESIDENTIAL USES Acting Chair Gagne opened the Public Hearing at 7:01 P.M., noting the procedures utilized in a Public Hearing. He explained items recommended for approval that evening would be placed on a May 27, 2008, Regular City Council Meeting Agenda for further review and consideration. Director Nielsen explained Planning District 6 is bounded by Smithtown Road (County Road 19) to the south, the Shorewood/Tonka Bay border to the west, the Hennepin County Regional Rail Authority (HCRRA) LRT trail to the north, and the Shorewood/Excelsior border to the east. Nielsen stated the Planning Commission had numerous discussions regarding the commercial redevelopment potential of Planning District 6, in particular the east end, as well as the commercial properties located on the south side of County Road 19 across from Planning District 6. That combined area included the following commercial sites: 1) the Shorewood Yacht Club; 2) the Minnetonka Portable Dredging Company (MPDCo); 3) the South Lake Office Building; 4) the Garden Patch Nursery; and 5) the property between the South Lake Office Building and the Garden Patch Nursery (the old Crepeau Dock location which is owned by the same individual who owned the Garden Patch Nursery). Nielsen explained the current use of the SYC property is consistent with the Comprehensive Plan and with the L-R (Lakeshore Recreational) zoning of the property. The MPDCo) the Garden Patch Nursery, and the old Crepeau Dock property are all in the C-2, Commercial Service District (which had previously been named the C-4 District); the C-2 District was established to address existing industrial uses in that area. The South Lake Office Building property is zoned R-C, Residential Commercial; the R-C District is intended to transition from lower intensity uses to higher intensity uses. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 2 of 9 Nielsen stated discussion of redevelopment possibilities for the Shorewood Yacht Club (SYC) property began in 2005 when the SYC was put up for sale. All developers interested in the SYC property were also interested in the MPDCo, which was not for sale. Redevelopment discussions basically ceased once the SYC had been purchased by the current owners. Nielsen noted during 2007 the owners of those four businesses were invited to a Planning Commission study session to provide their input on the future redevelopment of the properties. Most of the owners had no plans to change the use of their properties in the future and they had no immediate plans to sell their properties. Nielsen explained the SYC and the MPDCo both have access issues. Currently both properties butt against West Lake Street right-of-way. West Lake Street serves a residential neighborhood in Excelsior, but the portion of West Lake Street that could provide access into Shorewood is blocked off (but not vacated). Both of the companies currently use a driveway off of County Road 19; the driveway crosses over the HCRRA LRT Trail, and it is there by license from HCRRA. The HCRRA can revoke the license at its discretion. Access to the properties would then have to come from West Lake Street, which would require the City to prepare a compelling case to reopen the street. Redevelopment opportunities are somewhat limited for the sites north of County Road 19, due to existing land use patterns. The SYC property was somewhat fragmented; there was a large wetland on one parcel. Nielsen stated after numerous discussions, the Planning Commission recommended a text amendment to the City’s Comprehensive Plan to address the redevelopment of Planning District 6. He highlighted the draft text amendment. It states if the SYC or the MPDCo ceased to exist, reuse of the properties should be directed to residential, at similar densities as the surrounding area (both in Shorewood and Excelsior). The reason for the lower density is because of the limitations on the land, with access being the most significant. It recommends the SYC and Dredging Company properties be developed as one property, although the City could not force that to happen. It also states if the MPDCo property were redeveloped, the C-2 District should be phased out. The other two properties in the C-2 District, the Garden Patch Nursery property and the old Crepeau Dock property, should be rezoned to R-C, Residential Commercial, which would make their zoning the same as the South Lake Office Building property. Nielsen clarified the City was not trying to change the zoning of the properties in the area at this time. The City would not have any objection to the current zoning remaining as is for a very long time. The City was considering the future of the area because of the inquiries it had received about the properties in the past. Nielsen noted the City is in the process of updating many parts of the Comprehensive Plan. The Planning Commission chose to hold a special public hearing for this text amendment at this time. Acting Chair Gagne noted the City had received an email from an attorney representing Bill and Judy Niccum, (owners of the MPDCo) which stated the Niccums could not be present this evening. The Niccum’s have concern the proposed change to residential zoning will result in a substantial reduction in property value. The Niccums requested no action be taken by the Planning Commission for 90 days. They want an opportunity to confer with other property owners in the area to determine what type of future use might be planned by a joint venture or some other action in concert. Acting Chair Gagne opened the Public Testimony portion of the Public Hearing at 7:09 P.M. Tom Lingo, owner of the Garden Patch property and the old Crepeau Dock property, stated the City’s Zoning Code stated the R-C, Residential/Commercial District is intended for a gradual transition between CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 3 of 9 commercial and residential uses. He stated the Garden Patch property is located at 23443 Smithtown Road, and the Old Crepeau Dock property is located at 23425 Smithtown Road; he considers them one property. The property is bounded by County Road 19 on the north; the Animal Hospital and the end of the City on the east; water on the south; and the South Lake Office Building, which is on property zoned R-C, on the east. He requested the zoning of his properties remain C-2, Commercial Service District, as there was ample buffer around his property. Gabriel Jabbour, 985 Tonka Road in Orono, stated he is a co-owner of the Shorewood Yacht Club. He complimented the Planning Commission and Staff for being proactive in addressing how the City would like Planning District 6 redeveloped in the future. He commented he recently realized he should take a more active interest in what the City is considering. He stated although he and the MPDCo owners prefer to sell their properties at the same time, circumstances may prohibit that from occurring. From his vantage point the properties could never be developed single family residential because of the access issue. If the MPDCo were to be developed residential, the SYC would be in the residents’ back yards. If either of the property owners put up a fence, it would make it difficult for both businesses to operate. He requested the Planning Commission wait 90 days before it makes any recommendation. During that time the property owners would hire an urban planner prepare a few development concept sketches for compatible property uses should either SYC or MPDCO, but not both, decide to sell or redevelop their property. He stated if one of the properties were redeveloped to be residential, parking could become an issue. He expressed concern for the public sector should the services provided by the MPDCo cease to exist; he shared this concern with the Lake Minnetonka Conservation District (LMCD). He suggested in the future an office building owned by the LMCD, the Department of Natural Resources (DNR), and Hennepin County be constructed on the property; and the MPDCo be given a long-term lease to continue operations. He stated both properties had been targeted by the DNR as potential public lake access sites. He explained he is one of a small group of people who started the Museum of Lake Minnetonka (MLM); MLM is responsible for operating the Steamboat Minnehaha. The Steamboat Minnehaha is launched at the MPDCo; if the MPDCo ceased to exist the launching and storage of the Steamboat Minnehaha would become a problem. Nick Ruehl, 456 Lafayette Avenue, Excelsior, stated he purchased his property in May 1974. The MPDCo was in operation at that time, and a sailboat marina was developed shortly after. He noted the owners of the MPDCo had been extraordinary neighbors the entire time. He stated the operations of the marina had been great and sometimes not so great over the years; but he expected the current SYC owners will manage the marina well. He explained 15 – 18 years ago he met with Mr. Niccum to review a sketch he had drawn depicting a townhouse development on the MPDCo property. He expressed he had concern about how the MPDCo property could be developed; that property was approximately 70 feet across the bay from his property. He also expressed concern if West Lake Street would have to be used to access the property He then expressed initial concern about the possibility of constructing an office building on the property; he noted he has no idea of what it would look like, would be used for, or the amount of traffic that would be generated because of the building. He stated at this time he prefers it would be redeveloped as single-family residential or some other low-density development. He was open to continuing this topic for 90 days to allow preparation of concept sketches. He expressed deep concern if the property were to be redeveloped for different commercial purposes. He stated he did not foresee a problem with the MPDCo property being developed residential with the SYC being so close to the property; there are currently residential properties located next to the SYC. He suggested one option could be for the SYC to purchase additional property to serve as a buffer from a residential development. Todd Frostad, 23505 Smithtown Road, stated he owns the South Lake Office Building. He commented his new office building has been well accepted from a business and community standpoint. He noted it has always been his intent to continue redevelopment of the area when one of the property owners in the area was ready to sell. Because the City was considering changing the redevelopment opportunities for CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 4 of 9 the L-R District and the C-2 District, he thought it was an appropriate time to consider redevelopment opportunities. He was willing to work with the property owners to identify opportunities. He stated changing the zoning for the properties currently zoned C-2 to R-C would make the use of the properties more restrictive; zoning the properties R-C would not be appropriate and it would lessen the value of the owners’ assets. It was in everyone’s best interest to redevelop the properties in an appropriate way when the landowners were ready to sell the properties. He encouraged the Planning Commission to continue consideration of this change to a future meeting. Mr. Ruehl stated it was important to keep history in perspective; the properties in the C-2 District were zoned residential at one time and were changed to a commercial zoning to facilitate what was there. If an office building were constructed on the MPDCo site, it could devalue the residential properties in the area. He stated he would have deep concern if the redevelopment accentuated the commercial use of the MPDCo property. Mr. Jabbour stated there was an easement dissecting the property in two parts; he questioned if there would be ample room for residential development because of setback requirements. Dale Smith, 448 Lafayette Road, Excelsior, stated for purely selfish reasons he would like the MPDCo property be redeveloped for non-commercial use. JoAnn Schaub, 5465 Timber Lane, stated planning commissioners, council members and mayors make decisions that have a very long term effect yet they are not in their positions for the long term. She then stated the Garden Patch property, the old Crepeau Dock property, and the Animal Hospital property should remain commercial. From her vantage point the MPDCo property and the SYC property should not remain as currently zoned if the properties are sold and redeveloped; residential considerations should be taken into account. Acting Chair Gagne closed the Public Testimony portion of the Public Hearing at 7:35 P.M. Acting Chair Gagne questioned if the City had contacted the HCRRA regarding the possibility of making the license it had granted the MPDCo to allow the MPDCo’s driveway to cross the HCRRA LRT trail a permanent license, or granting permanent authority to the SYC property and the MPDCo property to cross the trail. Director Nielsen stated if the topic of changing the property uses in Planning District 6 were to be continued, the first thing that should be addressed is this access issue. Nielsen then stated he thought the attorney representing the Niccums is researching this issue with the HCRRA. Acting Chair Gagne requested the City contact the HCRRA for a written clarification of its position on the license. Commissioner Gniffke supported Gagne’s request. Director Nielsen recommended the continuation be for 60 days rather than 90 days. He explained all metro area Cities are required to update their Comprehensive Plans this year. The City had recently informed the Metropolitan Council it would have its update completed between September 2008 and November 2008. As part of the update process, the City has to send its updated Plan to the surrounding communities for review, and the Metropolitan Council has an opportunity to review and comment on the Plan. He stated Planning District 6 could remain an open question in the Plan; but it is a significant land use issue. He explained the Plan guides development based on a number of elements, and the City’s zoning ordinance implements the Plan. He stated he has no issue with the property owners submitting potential redevelopment concept sketches. Council Liaison Woodruff expressed concern about too much emphasis being placed on the concept sketches; things could change significantly prior the properties ever being redeveloped. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 5 of 9 Mr. Frostad noted that once the City Council adopted the updated Comprehensive Plan the Plan supersedes the properties’ current zoning. Director Nielsen stated the amended Plan will state the City has no issue with the current zoning as long as the use remains as is; it also will state if the properties are redeveloped the properties’ zoning will change. Director Nielsen stated even if this amendment were approved, there will be another opportunity to revisit this amendment when the entire updated Plan is considered in the fall. Mr. Jabbour stated the HCRRA reserved the right to do whatever it wanted to do with the LRT trail whenever it wanted; the HCRRA will provide a 30-day notice to any change. Mr. Ruehl confirmed what Mr. Jabbour stated based on his experience on similar LRT trail situations. Gniffke moved, Ruoff seconded, continuing the public hearing for the amendment to the Comprehensive Plan regarding Planning District 6 for sixty days and directing Staff to contact the Hennepin County Regional Rail Authority for a written clarification of its position on crossing the LRT trail to access the Minnetonka Portable Dredging Company and the Shorewood Yacht Club properties. Motion passed 6/0. Director Nielsen stated the public hearing will be renoticed. Acting Chair Gagne closed the Public Hearing at 7:50 P.M. 2. HOUSE MOVING PERMIT Applicants: John and Kristi Marquardt Location: 5985 Afton Road Director Nielsen stated John and Kristi Marquardt, 5985 Afton Road, requested a house moving permit. The City’s Ordinance requires the Planning Commission review house moving permits; the Commission’s responsibility is to review the proposed route, subject to Staff’s recommendations for acceptability, and the ultimate location of the house in the City. The Ordinance does not distinguish between relocating a house within or into the City, and out of the City. In this situation the house will be relocated outside of the City; therefore, there is no need for the Commission to review the location. He explained the initial route proposed was to go north on Cathcart Drive, then west on Smithtown Road and out of the City; because of some road construction this was not a viable route. The movers, who are licensed and bonded, have proposed an alternative route which is to go north on Cathcart Drive, east on Smithtown Road, and south on County Road 19 to Highway 7. Staff has no objection to the alternative route and recommends approval of the permit. Nielsen explained at its 7 August 2007 meeting the Planning Commission considered a conditional use permit which would allow the Marquardts to live in their existing house on the property while their new home was being constructed; the existing house would either have to be demolished or relocated within two weeks of the applicants taking occupancy of their new house. The Commission recommended granting the C.U.P. and that it be valid for nine months. Mr. Marquardt stated he hoped the construction of the new house would be completed in mid-June and the move would take place the end of June. Director Nielsen clarified the South Lake Minnetonka Police Department decides the time of day for such house moves, and they are done normally during the night. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 6 of 9 Geng moved, Vilett seconded, recommending approval of a house moving permit for John and Kristi Marquardt, 5985 Afton Road. Motion passed 6/0. S T U D Y S E S S I O N 3. DISCUSS COMMUNITY-WIDE SURVEY Director Nielsen stated he had distributed sample city surveys to the Planning Commissioners at its 15 April 2008 meeting. At that time he asked them to consider what types of planning related questions they would want to see included in the City-wide survey; their questions would be discussed at the 6 May 2008 Planning Commission study session. That study session was cancelled; therefore the survey topic was placed on this evening’s agenda. Nielsen explained the City Council had decided a professional should be used to prepare the survey; it felt the questions would be more objective. Council requested the Park and Planning Commissions submit questions the Commissions thought should be included. He commented the Park Commission had already submitted a number of questions for consideration. Council Liaison Woodruff stated the questions should be actionable; that is, the City has to be able to take some type of action based on the results of the survey. Commissioner Gniffke questioned if it would be too late to include a question about the ward system in the survey if Council was prepared to reconsider the ward system at its June 9, 2008, meeting. Council Liaison Woodruff stated Council had discussed if it should solicit input about the wisdom of the ward th system; Council scheduled a public hearing on June 9 to take public comment about the system. If Council were to wait to solicit input about the ward system until the survey was conducted, it would be too late to have any impact on this year’s election should Council decide it wanted to change to an at- large system. He stated Council had not made any commitment to take action to change the election th system at its June 9 meeting; it could decide to delay taking any action and therefore include the ward system in the survey, or it could decide to change the system. In response to a question from Commissioner Vilett, Council Liaison Woodruff stated the survey should provide the Council, Staff and Commissions guidance about what residents think should be happening in the City. In response to another question, Director Nielsen stated the survey would not be done in time to incorporate any survey feedback into this year’s update to the Comprehensive Plan; it would have been ideal to include survey feedback, and it was possible to include the feedback in future updates. Acting Chair Gagne stated it had been difficult to get the public to provide input about specific topics early on in a process. Director Nielsen stated Staff looked for suggestions for how to get the public involved early on in discussions about an item; the public generally waits to provide input until such time a decision has to be made. He suggested the survey ask the residents what they thought was the most effective way for them to receive information from the City; was it the City’s website, its newsletter, Cable Television, local newspapers, etc. Commissioner Ruoff stated the survey would likely provide good feedback, but he suggested the survey not be too long. Using a professional to prepare the survey could help control the length, and eliminate overlapping questions. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 7 of 9 Council Liaison Woodruff suggested it would be beneficial to get input on zoning regulations and land use issues. Director Nielsen stated three residents attended the last public hearing for the Comprehensive Plan; the open house held about the Plan was better attended. Commissioner Geng agreed it is important to try and get the public involved early on in a process; if the residents had ideas on how to make that happen that would be great. He commented how the Planning Commission tried to get the commercial property owners in Planning District 6 and the C-2 District involved in 2007, and earlier this evening when a recommendation was going to be made regarding land uses is when they became more involved. Director Nielsen requested the Commissioners come prepared to discuss questions at its 3 June 2008 meeting. 4. COMPREHENSIVE PLAN ? Natural Resources Chapter Director Nielsen stated he distributed the first draft of the changes to Natural Resources Chapter of the Comprehensive Plan to the Commission this evening. He highlighted the proposed changes. The Metropolitan Council mandated certain changes; for example, the City’s Surface Water Management Plan and Stormwater Pollution Protection Plan will be adopted by reference into the Comprehensive Plan. It reflects the decision in 2007 by the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) to relinquish its authority for Wetland Conservation Act (WCA) permitting for lands inside the City within the RPBCWD jurisdiction; and, the City’s cooperative agreement with the Minnehaha Creek Watershed District to provide those permitting services for the entire City. The issue of invasive vegetation was added, and it includes a reference to the City’s educational program advising property owners of ways to eradicate invasive vegetation. The issue of wildlife management was also added, and it references the City’s deer management program. Two policies were added: to incorporate the goals and policies of the City’s Surface Water Management Plan into the development review process, and to prepare and maintain a natural resources inventory for the City which would include a listing sources for environmental data. The Chapter notes the City’s commitment to conducting educational programs relative to stormwater runoff. Director Nielsen stated he would like the Planning Commission to consider recommending approval of the updated Natural Resources Chapter of the Comprehensive Plan at its 3 June 2008 meeting. Commissioner Geng stated Council recently authorized a $6,000 expenditure for the herbicide treatment of Eurasian Watermilfoil and Curlyleaf Pondweed in Phelps Bay in 2008; he questioned if it would be worth mentioning that in the Comprehensive Plan. Director Nielsen stated the Plan states the City will continue to work with agencies to address aquatic invasive species primarily by continued educational efforts aimed at preventing the spread. Council Liaison Woodruff highlighted the discussions that occurred at the Council meeting regarding the expenditure decision. ? Land Use Chapter Director Nielsen stated this evening he distributed a document listing his thoughts regarding land uses abutting the County Road 19 corridor through the City. That topic is one of the more significant and challenging issues relative to the Land Use Chapter of the Comprehensive Plan 2008 update. He CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 8 of 9 explained the County Road 19 corridor study concept plan primarily addressed circulation and design; it did not address land use. The concept plan did specify what would be expected with regard to landscaping; he reviewed the general types of types of things that would be required. Nielsen highlighted his thoughts. Land uses for the corridor are fairly well established on the east and north sides of County Road 19; and, on the west side down to and including Gideon Glen. The east end of the corridor has been addressed in the Planning District 6 Area Plan. The commercially zoned properties adjacent to the Smithtown Road/ County Road 19 intersection, particularly the northwest quadrant, were relatively prime for redevelopment. The City has expressed a preference for the uses of a more retail nature rather than service commercial. Because the ultimate redevelopment of several of the sites is inhibited by size and configuration, the City favors coordinated/cohesive redevelopment, particularly for the northwest quadrant, over a property-by-property approach; the City cannot force that to happen. Planned unit development, possibly including mixed uses, lends itself well to the coordinated redevelopment of the area, particularly the northwest quadrant. Some possibilities for encouraging coordinated, high quality redevelopment are: tax increment financing which the City Council agreed to “consider” in 2007; a planned unit development which could provide design flexibility; and lessening read yard setbacks abutting Badger Field in exchange for greater front yard setbacks. Nielsen stated if the Commissioners agreed, he would incorporate his thoughts and the other land use issues and topics previously discussed by the Commission into the Land Use Chapter of the Comprehensive Plan and provide the Commissioners with draft copy of the revised chapter prior to its 3 June 2008 meeting. Director Nielsen stated approximately 17,000 cars traveled through the intersection each day. In response to a question from Commissioner Ruoff, Director Nielsen stated the concept plan contains things that were started but not completed, For example, the sidewalk was only partially installed. In response to another question, Nielsen stated the City had not actively promoted the redevelopment of the area; the City did want to be prepared for development requests. Director Nielsen clarified the City was not proposing to rezone the C-1 area. In response to a comment from Commissioner Hutchins, Director Nielsen stated the Minnetonka Country Club property would not be part of this redevelopment study although it would be referenced in the study. Acting Chair Gagne suggested the survey contain a question about whether or not the City should tax and bond for the purchase of the property. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated there was a minor subdivision and discussion of golf carts on City streets slated for the 3 June 2008 Planning Commission meeting. The Study Session portion of that meeting would be devoted to continued discussion of the issues sections of the Transportation Chapter and the Community Facilities Chapter of the Comprehensive Plan. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 9 of 9 7. REPORTS Commissioner Gagne reported on matters considered and actions taken at the May 12, 2008, Regular City Council meeting (as detailed in the minutes of that meeting). Council Liaison Woodruff elaborated on it. SLUC • Commissioner Vilett provided an in-depth report on the Sensible Land Use Coalition session on “Great Neighborhoods – Great Places: Reality or Wishful Thinking?”she attended on 30 April 2008. She thought the session was very worthwhile. Other • None. 8. ADJOURNMENT Hutchins moved, Ruoff seconded, Adjourning the Planning Commission Meeting of 20 May 2008 at 9:05 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder