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060308 pl mn CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 3 JUNE 2008 7:00 P.M. MINUTES CALL TO ORDER Chair Schmitt called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Schmitt; Commissioners Gagne, Geng, Gniffke, and Hutchins; Planning Director Nielsen; and Council Liaison Woodruff Absent: Commissioners Ruoff and Vilett APPROVAL OF MINUTES ? 20 May 2008 Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 20 May 2008 as presented. Motion passed 4/0/1 with Schmitt abstaining due to his absence at the meeting. 1. MINOR SUBDIVISION (LOT LINE REARRANGEMENT) Applicants: Anne and Jack Carter Location: 5705/5725 Smithtown Way Director Nielsen stated two years ago, Anne and Jack Carter purchased the properties located at 5725 and 5705 Smithtown Way. At that time the applicants proposed combining the two lots, and ultimately re- subdividing the combined lots into three lots (as explained in a staff report dated 1 June 2006). He reviewed the existing site location map and the proposed site location map. He explained initially they propose to create only two lots (Parcel A and Parcel B/C), allowing them to live in the existing house on the property while they build a new house on the westerly lot (Parcel A). Once the new house is completed, they will demolish the existing house and subdivide the larger lot (Parcel B/C) into two lots (Parcel B and Parcel C). At its 6 June 2006 meeting the Planning Commission recommended approval of the Carter’s request subject to Staff recommendations. The Carters withdrew their application before receiving City approval, but now wish to complete the process. Nielsen stated the analysis and recommendations in the 1 June 2006 Staff report remain valid. He provided an update on the recommendations made in that report. 1. The lots are 100 feet wide. 2. New legal descriptions have been submitted. 3. Legal descriptions for the easements have been provided. The Applicants’ attorney must prepare deeds for the drainage and utility easements. 4. The easement vacation was completed in 2006. 5. An up-to-date title opinion or title commitment (within 30 days) must be provided. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 3 June 2008 Page 2 of 6 6. The deeds for the easements should be submitted prior to the Council meeting at which the application will be considered. 7. Park dedication fees will be paid upon the re-subdivision of the easterly parcel. 8. Tree preservation will be addressed with the building permits for the new houses. Nielsen noted the applicants had submitted a site plan illustrating that homes the size of those in that area could be built on Parcel A. He stated Staff recommended the combination/minor division be approved subject to the above conditions. He noted if the City receives the deeds for the drainage and utility easements in time, this item will be placed on a June 23, 2008, City Council meeting agenda for consideration. Nielsen stated Ms. Carter was present this evening to answer any questions the Planning Commission may have. In response to a question from Commissioner Gagne, Director Nielsen explained because no additional lots would be created for the initial subdivision no additional park dedication or sewer access fees would be required at this time. In effect, the request was actually a reshaping of two lots. Upon re-subdivision of Parcels B and C, the applicants would have to pay the park and sewer charges that would be in effect at that time. Gagne stated he did not agree with that position. In response to another question from Gagne, Ms. Carter stated one of the four black walnut trees on the property will be lost. Geng moved, Gniffke seconded, recommending approval of a combination/minor subdivision for Anne and Jack Carter, 5705 / 5725 Smithtown Way, subject to Staff Recommendations. Motion passed 5/0. 2. DISCUSSION REGARDING GOLF CARTS ON PUBLIC STREETS Director Nielsen stated the City received a request from a resident to use a golf cart on City streets. Council Liaison Woodruff explained the request was from a gentleman who requires the use of an oxygen tank; he wants to use a golf cart to travel around his neighborhood and to his physician’s office, which is located on the other side of Highway 7. He stated he knew of other residents that used golf carts on City streets. Director Nielsen explained the operation of golf carts on public roadway is governed under Minnesota State Statue 169.045 Special Vehicle Use on Roadway; the Statute makes reference to four-wheel all terrain vehicles (ATVs). The State Statute stated authorization to operate a motorized golf-cart was by individual permit only. Authorized golf carts would have to display a slow-moving emblem and required to have the appropriate features such as a rear view mirror. The use would have to be governed by a local ordinance, and the City’s ordinance could be more restrictive than State Statute. There are a number of conditions that would have to occur if Council were to consider this use. Roadways on which that use was permitted must be designated. He noted the meeting packet included sample ordinances from the cities of White Bear Lake, Princeton, Slayton, and Gaylord; those cities had passed ordinances to allow such use. He did not think any of the four ordinances allowed for the use of ATVs. Nielsen stated Council requested the Planning Commission make a recommendation as to whether or not the City should consider such an ordinance. Commissioner Gagne stated he was opposed to the use of golf carts on City streets. He questioned if allowing the use of ATV’s on City streets would that mean any age person could use them. He stated CITY OF SHOREWOOD PLANNING COMMISSION MEETING 3 June 2008 Page 3 of 6 crossing Highway 7 could be difficult, and unsafe. Crossing near Old Market Road would require driving on a sidewalk for a while. Crossing on the bridge in Excelsior would also require approval from Excelsior. If the resident making the request can’t drive an automobile, he questioned what would make it better for the resident to cross Highway 7 in a vehicle which had little protection for the driver. Director Nielsen stated the Director of Public Works had expressed skepticism as to the wisdom of allowing this activity on City streets, particularly since so many are narrow and winding. Police Chief Litsey also expressed concern. Commissioner Gniffke stated he also opposed the use of golf carts on City streets. He stated Shorewood was not a retirement community. He lives near the area and many times he has seen 18-wheelers having trouble stopping at the Old Market Road crossing. He had also observed adults in his neighborhood riding 4-wheelers very fast in areas where there were children. Commissioner Hutchins questioned if Staff had received any input from the four cities listed above regarding their experiences with golf carts being used on City streets. Director Nielsen stated it had not, and noted some of the streets in White Bear Lake were 24 – 26 feet wide. Council Liaison Woodruff stated he was neither advocating nor opposing the request. He encouraged the Planning Commission to focus on the entire City when considering this request. Chair Schmitt stated he opposed the use of golf carts on City streets. There was a reason there were traffic laws and there were reasons golf carts were not licensable vehicles. From a safety perspective, he was skeptical about a physically challenged person trying to cross Highway 7 in a golf cart. If golf carts were legal by normal code traffic regulations that would be one thing, but he did not want to create any special circumstance through the City that supersedes normal vehicular laws. Geng moved, Gagne seconded, recommending not to consider the use of golf carts on City streets any further. Motion passed 5/0. 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, and asked them to consider what types of planning related questions they would want to see included in the City-wide survey. The Commission discussed the survey at its 20 May 2008 meeting, and he asked the Commissioners to identify specific questions they wanted to have Council consider including in the survey. Commissioner Gniffke stated it was important to keep the survey short and to ask “high density” questions. Chair Schmitt questioned if the City received process related complaints; if so, questions related to those specific processes could be included in the survey. Director Nielsen stated Staff looked for suggestions for how to get the public involved early on in discussions about an item; the public generally waited 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 CITY OF SHOREWOOD PLANNING COMMISSION MEETING 3 June 2008 Page 4 of 6 them to receive information from the City; was it the City’s website, its newsletter, Cable Television, local newspapers, etc. Commissioner Gniffke suggested the survey include a question regarding residents’ receptivity to receiving information via the internet. Commissioner Geng added the City could ask residents to identify if they have internet access, and if they access the internet and email regularly. Commissioner Gagne stated at one time the City placed informational signs on a property on which changes were proposed. Chair Schmitt stated the City could consider doing that again, but he did not think there should be a question about that in the survey. Chair Schmitt suggested the survey include a question asking for residents to identify environmental practices that should be considered. For example, should the City have more or less open space or should curbs on streets be eliminated to allow for natural storm water runoff. Commissioner Hutchins suggested an open-ended question be asked about each section of the Comprehensive Plan. Chair Schmitt suggested the survey ask residents if they would like the City to consider allowing high density developments for the aging population. Commissioner Gniffke thought that would be a good question to ask. Schmitt stated if residents indicate they would like that, then the Planning Commission should discuss that. Commissioner Geng suggested the Planning Commission hold public forums to discuss topics such as high-density housing once the updates to the Comprehensive Plan were completed. Commissioner Hutchins questioned if people would attend the forums. Commissioner Gniffke suggested the survey ask residents if they think the City take more action to control invasive species. Commissioner Hutchins suggested residents be asked if the City should be more aggressive with regard to wildlife management. 4. COMPREHENSIVE PLAN ? Natural Resources Chapter – Revised Draft This was discussed after Item 7 on the agenda. Director Nielsen stated he distributed the first draft of the changes to Natural Resources Chapter of the Comprehensive Plan to the Commission at its 27 May 2008 meeting. During that meeting he reviewed the proposed changes and asked the Commissioners to review the Chapter and identify any additional changes. Commissioner Gagne stated he had no objections to the proposed changes. In response to a question from Commissioner Gniffke, Director Nielsen stated he would research if the City had a policy establishing a maximum slope of 3:1 for disturbed slopes in new development. Commissioner Gniffke recommended the Policies section include something about eradicating invasive species. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 3 June 2008 Page 5 of 6 ? Land Use Chapter – Revised Draft Director Nielsen stated at the 27 May 2008 Planning Commission meeting he reviewed thoughts he had regarding land uses abutting the County Road 19 corridor through the City. Nielsen again reviewed the items discussed. 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 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 17 June 2008 meeting. ? Transportation Chapter – Issues This item was continued to a 17 June 2008 Planning Commission study session. ? Community Facilities Chapter - Issues This item was continued to a 17 June 2008 Planning Commission study session. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated the 17 June 2008 Planning Commission study session would be would be devoted to continued discussion of the Land Use Chapter, and issues sections of the Transportation Chapter and the Community Facilities Chapter of the Comprehensive Plan. 7. REPORTS • Liaison to Council This was discussed after Item 3 on the agenda. Council Liaison Woodruff reported on matters considered and actions taken at the May 27, 2008, City Council regular meeting and work session, and at the June 2, 2008, work session (as detailed in the minutes of those meetings). CITY OF SHOREWOOD PLANNING COMMISSION MEETING 3 June 2008 Page 6 of 6 Discussion returned to Item 4 on the agenda. This was discussed after Item 4 on the agenda. Council Liaisons were selected as followed: July 2008 Commissioner Geng August 2008 Commissioner Hutchins September 2008 Commissioner Vilett October 2008 Commissioner Ruoff November 2008 Commissioner Gniffke December 2008 Commissioner Gagne • SLUC No report was given. • Other Director Nielsen stated he had not yet requested a written clarification from the Hennepin County Regional Rail Authority (HCRRA) regarding its position on the license it had granted the Minnetonka Portable Dredging Company (MPDCo) to allow the MPDCo’s driveway to cross the HCRRA LRT trail. Commissioner Gagne explained the Lakeshore Weekly News published an article stating Todd Frostad of Frostad Development had proposed redeveloping 712 and 734 Galpin Lake Road. Mr. Frostad approached the Excelsior City Council about the possibility of the Excelsior annexing a portion of the property from the City of Shorewood. Frostad wanted to combine the two plots of land (which he owns), part of which sits in Excelsior and part of which sits in Shorewood. He would only be interested in the Shorewood property being annexed to Excelsior if Excelsior was interested in rezoning the land for high traffic. Gagne recommended the City keep its property as it would be an ideal location for a commercial entity. Director Nielsen stated a request to detach and annex property would have to come before the Planning Commission. Commissioner Gagne stated a bank had taken possession of the house under construction located on County Road 19. He suggested the City request the bank to clean up the property and make it less of an eye sore. Nielsen stated he shared Gagne’s frustration about the state of the property. 8. ADJOURNMENT Gniffke moved, Gagne seconded, Adjourning the Planning Commission Meeting of 3 June 2008 at 8:18 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder