Loading...
100708 pl mnCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 7 OCTOBER 2008 MINUTES CALL TO ORDER Chair Schmitt called the meeting to order at 7:00 P.M. ROLL CALL 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 7:00 P.M. Present: Chair Schmitt; Commissioners Gagne, Geng (arrived at 7;05 P.M.), Gniffke, Hutchins, and Vilett; Planning Director Nielsen; and Council Liaison Turgeon Absent: Commissioner Ruoff APPROVAL OF MINUTES 16 September 2008 Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 16 September 2008 as presented. Motion passed 4/0/1 with Gniffke abstaining due to his absence at the meeting. 1. 7:00 P.M. PUBLIC HEARING -C.U.P. FOR TELECOMMUNICATIONS FACILITIES Applicant: Telecom Transport Management, Inc. Location: SE Water Tower - 5500 Old Market Road Chair Schmitt 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 27 October 2008 City Council regular meeting agenda for fiu•ther review and consideration. Director Nielsen stated Debra Weiss, representing Telecom Transport Management, Inc. (TTM), has applied for a conditional use permit to locate telecommunications facilities at 5500 Old Market Road. The property is the site of the City's SE Area Water Tower. TTM proposes to erect three telecommunications dish-style antennas into the rail system at the top of the Tower. It also proposes to use the fenced-in area currently located south of the Tower to place its equipment cabinets at the base of the Tower. The property in question is zoned R-lA, Single-family Residential and it measures 200 feet x 200 feet and contains 40,000 square feet of area. With regard to the analysis of the case, Nielsen explained Telecommunications facilities are governed by the Telecommunications Act of 1995. The City has adopted its local regulations consistent with Federal requirements. These regulations are found in Section 1201.03 Subd. 21 of the City Code. For the most part, telecommunications facilities have been limited to commercial zoning districts within the City, although the Code does allow the use of public property for this purpose by conditional use permit. The City Code suggests any new telecommunications carriers should be located on existing towers (i.e., City water towers) wherever possible before constructing additional freestanding towers. Although much of the current Code is intended to address new, freestanding tower sites there are several provisions that are relevant to location of facilities on existing towers. Those provisions are as follows. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 October 2008 Page 2 of 8 1. Finish -The proposed antennas must be finished to match the color of the existing water tower. 2. Proposed Ground Facilities -The applicant initially proposed placing the equipment inside the base of the SE Area Water Tower. The City's Director of Public Works strongly recommends the equipment be placed in the fenced-in enclosure on the south side of the base of the Tower. This recommended location is very well screened from view. 3. Fencing -The existing equipment compound is already fenced. 4. Landscaping -The site is already well landscaped. 5. Stealth -Locating them on existing towers or water towers is undoubtedly less visually obtrusive than building new freestanding towers. The applicant proposes using two two- foot diameter round dishes and one one-foot diameter round dish to be located on the existing rail system at the top of the Tower. The proposed antennas are microwave antennas and, if approved, would be the first allowed on either of the City's water towers. The purpose of this type of antenna is to boost the transmission capacity between telecommmunications towers. 6. Evaluation and Monitoring -The current Code requirements provide for initial and ongoing monitoring of FCC radiation emission requirements. The City's standard lease agreements between telecommunications carriers and the City provide for annual monitoring and, if necessary, testing. In this regard, the City uses Owl Engineering for such work. The conditional use permit, if approved, should include a condition that the antenna installation be subject to the review, recommendations and approval of Owl Engineering. 7. Engineering -The structural attachment to the water tower is reviewed by KLM Engineering. Details should be subject to review and approval by the City Engineer. As you may be aware, the S.E. Area Water Tower is currently undergoing maintenance and refinishing. Installation of the TTM antennas will have to be coordinated with that effort. Nielsen stated Staff recommends approval of this conditional use permit subject to the following conditions. 1. The recommendations of the City Engineer with respect to structural and operational issues. 2. The applicant must enter into the City's lease agreement including provisions for annual monitoring. 3. The current lease rate for water tower space is $1500 per month. There are provisions in the standard lease agreement for annual rate escalation, based on the CPI or four percent, whichever is greater. Director Nielsen stated Debra Weiss, representing Telecom Transport Management, Inc., was present. Ms. Weiss stated the antennas will enhance communications between carriers. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 October 2008 Page 3 of 8 Seeing no one present wishing to comment on this case, Chair Schmitt opened and closed the Public Testimony portion of the Public Hearing at 7:09 P.M. In response to a question from Commissioner Gagne, Director Nielsen stated antennas have been exchanged over the years and there was one telecommunications carrier that went out of business and another carrier bought that space. Gagne moved, Hutchins seconded, recommending approval of a conditional use permit for Telecom Transport Management, Inc., to locate telecommunications facilities at 5500 Old Market Road on the Southeast Area Water Tower subject to the recommendations identified in the Staff report and in the Director of'Public Works' report dated 6 October 2008. Motion passed 6/0. Chair Schmitt closed the Public Hearing at 7:10 P.M. 2. PUBLIC HEARING -PLANNING DISTRICT 6 -NONRESIDENTIAL USES (continued from 20 May 2008) Chair Schmitt opened the Public Hearing at 7:10 P.M., noting it was continued from 20 May 2008. Director Nielsen explained during its 20 May 2008 meeting the Planning Commission held a public hearing to consider an amendment to the City's Comprehensive Plan (Comp Plan) regarding future redevelopment of Planning District 6. That combined area included the following commercial sites: the Shorewood Yacht Club (SYC), the Minnetonka Portable Dredging Company (MPDCo), the Garden Patch Nursery, the South Lake Office Building, and 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). Owners of the affected commercial properties asked for a continuance of the hearing in order to prepare a concept sketch showing an alternative to the residential use proposed in the amendment. He noted since the May 20`x' public hearing the MPDCo property has since been purchased by Gabriel Jabbour (a co-owner of the SYC), bringing both properties under common ownership. Nielsen then explained a site plan concept sketch and a building plan concept sketch were submitted. The sketches were commissioned by Todd Frostad, owner of the South lake Office Building. The concept includes redevelopment of the SYC and the MPDCo facilities with an office component connecting the two uses. He reviewed the sketches. He stated the sketches reflect the facilities achieving the minimum required setback; the SYC and the MPDCo do not achieve the setback requirements today. He clarified the sketches were for illustrative purposes only. Nielsen read an email he received from Mr. Frostad earlier in the day. "I have a planning meeting in Excelsior tonight so I will not be able to attend. I think the plan we have presented will be a great asset to the community. It was designed after the old Tonka Bay Hotel. I am sure the commercial access can be worked out and the overall area would benefit. This project would be a significantly better asset to the area as opposed to a few more houses. I look forward to developing more quality projects in Shorewood." Nielsen explained the SYC and the MPDCo both have access issues. Both of the businesses currently use a driveway off of County Road 19; the driveway crosses over the Hennepin County Regional Rail Authority (HCRRA) trail, and it is there by easement agreement from the HCRRA. An excerpt from the easement agreement for the two properties was included in the meeting packet. The HCRRA can revoke the easement at its discretion. The HCRRA can also revoke the easement if either the SYC or MPDCo CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 October 2008 Page 4 of 8 cease to exist. The Planning Commission had asked Staff to further explore the restrictions on access across the HCRRA trail. Staff spoke with John Tripp and Jessica Galatz at the HCRRA. They indicated the HCRRA would likely be willing to consider other uses than the SYC and the MPDCo; but, they "don't know why the Board would give up its right to revoke the easement as currently written". Nielsen stated the owners of the SYC and MPDCo businesses have related their intent is to stay in business. He explained the draft text amendment states "In the event the yacht club or the dredging company cease to exist, reuse of the properties should be directed to residential, at similar densities as the surrounding area." He stated the owners of the SYC and the MPDCo businesses and the owner of the South Lake Office Building have requested a change to the draft text amendment that would allow the properties where the SYC and MPDCo are located to be redeveloped for uses other than residential. Mike Maloney, 231 Third Street, stated he co-owned the SYC with Gabriel Jabbour and they had no intention to request using the SYC property for some other type of use for the foreseeable future. He then stated the SYC property is appropriately zoned. He requested the draft text amendment be modified to allow redevelopment options other than residential. Director Nielsen clarified no zoning changes to the SYC and MPDCo properties were being recommended at this time, He explained the SYC property is consistent with the Comp Plan and with the L-R (Lakeshore Recreational) zoning of the property. The MPDCo property is in the C-2, Commercial Service District (which had previously been named the C-4 District). Gabriel Jabbour, 985 Tonka Road in Orono, stated he is a co-owner of the SYC. From his vantage point, the SYC and MPDCo businesses were so intermingled because of easements he did not think they could operate without the existence of the other. If the MPDCo property were to be redeveloped residential, the SYC would be in the residents' back yards. He seriously urged the Planning Commission and the City to not to consider guiding the redevelopment of the two properties for residential use only, noting that is different than the adopted Comp Plan. He explained the MPDCo property can be developed for other uses allowed in the C-2 District, and to change the zoning of that property would take away rights he currently has for the use of that property. He stated the process of amending the Comp Plan regarding the redevelopment of Planning District 6 is being driven by the City. He explained he had spoken with representatives from the HCCRA and they expressed they did not have issue with the property being redeveloped for other uses. He also explained the only probable reason the HCRRA would revoke the easement would be because light rail was planned for the use of the trail, although he did not think there would be light rail there in his lifetime. Mr. Jabbour then stated Shorewood and neighboring communities are changing. Residents no longer want to have long commutes to their places of employment. He thought it would be prudent to provide opportunities for residents to work in the area. The community needed to have paid-on-call firefighters who worked in the community so they could respond to public safety calls. Therefore, redevelopment of the properties for light commercial use should be considered as an allowable use. Chair Schmitt opened the Public Testimony portion of the Public Hearing at 7:22 P.M. Steve Farnes, 5445 Timer Lane, stated he was confused with the proposed zoning change. Chair Schmitt explained a zoning change is not being proposed at this time. He stated the Planning Commission reviews the City's Comp Plan periodically. The Comp Plan identifies what the City's goals are for different zoning districts. The proposed draft text amendment to the Comp Plan states what the CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 October 2008 Page 5 of 8 City's preference would be if the properties were to be redeveloped they should be redeveloped residential. The Comp Plan is a guide. Director Nielsen stated ordinarily when a change is made to the Comp Plan regarding land use there is also a corresponding change made to the City's Zoning Code. No change to the Zoning Code is being proposed at this time. If the SYC and MPDCo properties were rezoned for residential use their current uses would be grandfathered in; but, they would not be allowed to make changes or improvements as a nonconforming use. He clarified the City was not trying to push the SYC and MPDCo out; both businesses are valuable to the community. He stated discussion of redevelopment possibilities for the 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 property, which was not for sale. Potential developers had a variety of ideas on how the SYC property could be developed. He explained the only allowable use for the SYC property, which is zone Lakeshore Recreational, is a multiple dock facility. If the SYC property owners ever want to use the property for something else they would have to request a Comp Plan amendment and a change in zoning classification. There are other allowable C-2 District uses for the MPDCo property. The proposed draft text amendment to the Comp Plan was intended to prepare the City for a possible redevelopment. JoAnn Schaub, 5465 Timber Lane, requested if the SYC and/or MPDCo properties were sold or if the SYC and/or MPDCo businesses cease to exist the reuse of the properties should be directed to residential, at similar densities as the surrounding area. Director Nielsen clarified the properties businesses can change ownership under the draft text amendment without forcing a change in land use. Nick Ruehl, 456 Lafayette Avenue, Excelsior, stated he purchased his property in 1974. The MPDCo was in operation at that time and the current SYC property had single family house on it. In the 1975/1976 timeframe a sailboat marina was developed on the current SYC property. When he purchased his property he understood MPDCo was operating close to his property. He grew to have a wonderful relationship with the owners of MPDCo. The sailboat marina/yacht club was developed after he purchased his house. In his discussions about the future development of a sailboat marina he expressed three concerns to the John Cross the owner of the property. They were halyards snapping, late night parties at the marina and the sale of gas. Although he had concerns, he thought Mr. Cross had the right to develop his property as a sailboat marina. He stated he would like the properties to revert to residential use if they were to be redeveloped. He noted he had no problem with the current businesses on those two properties, In response to a question from a member of the audience, Commissioner Geng explained pursuant to State Statute and the Metropolitan Council all cities are required to review and update their comprehensive plans on a regular basis. Steve Haskins, 5455 Timer Lane, questioned what would happen if the SYC business ceased to exist. Chair Schmitt explained that the draft text amendment has nothing to do with the current owners ceasing to operate the SYC; it has to do with what how the City would prefer to have that property used if it were to be redeveloped. Today the MPDCo property is zone C-2, Commercial Service, and the SYC property is zone L-R, Lakeshore Residential. The Comp Plan is a guide for how the City would like to see the properties redeveloped. Council Liaison Turgeon stated she thought the residents were hoping the Planning Commission would recommend that the Comp Plan be amended to state if the SYC property were to be redeveloped it would have to be redeveloped residential rather than allowing it do be redeveloped for a different use. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 October 2008 Page 6 of 8 Mr. Jabbour stated he hoped that he and Mr. Maloney had proved they were responsible business people and were considerate of the residents around their SYC business. They did not want the City to accelerate the evolution of the SYC property. If the City were to say the MPDCo property could only be redeveloped as residential then from his vantage point the City would have to pay him the difference between the value of that property if it were zoned C-2 and if it were zoned residential. He understood the City was not trying to take the SYC and MPDCo businesses away. The draft text amendment states the SYC and MPDCo properties should be redeveloped as residential (if there are redeveloped) at similar densities as the surrounding area. It appeared that the only zoning being considered was in Shorewood, yet if the HCRRA easement were to be revoked West Lake Street in Excelsior would have to be used to access the two properties. He thought it would be appropriate to have a recommendation for reuse of the property if the easement were revoked and West Lake Street was used to access the property and another assuming the easement remains in effect. He noted that he had the right to redevelop the MPDCo property for other allowable C-2 District uses. In response to a comment from Ms. Schaub, Chair Schmitt stated Mr. Jabbour was not asking the City to do anything and no one was proposing redeveloping the properties similar to the site plan concept sketch and the building plan concept sketch submitted. He explained Mr. Jabbour did not want the Comp Plan to be amended with regard to the SCY and MPDCo properties. Marjorie Yaeger, 5445 timber Lane, stated if the properties were to be redeveloped she would like them to be redeveloped as residential. Lucille Goodwine 5525 Timber Lane, stated she wanted the City to make it clear that if the SYC and MPDCo properties were to be redeveloped then they should be redeveloped for residential use. In response to a question from Ms. Schaub, Director Nielsen explained the owners of the SYC, MPDCo, Garden Patch Nursery and the South Lake Office Building commercial businesses requested a continuance of the May 20t'' public hearing to allow them time to prepare and submit potential redevelopment concept sketches. In response to a question from Mr. Farnes, Director Nielsen stated the Minnesota Department of Natural Resources (DNR) has certain standards (e.g., setbacks, hardcover, and environmental aspects) that must be met when a shoreland properly is redeveloped. Land use is determined by the local authority. Mr. Farnes stated from his vantage point one of the reasons people live in the City is because of its low density residential properties, with low crime rates and good public safety. He did not think a developer would improve that. He then stated the residents were present this evening to defend a life style, and developers want to make money. Low density residential development has made the City a strong community and a desirable place to live. Chair Schmitt closed the Public Testimony portion of the Public Hearing at 7:47 P.M. Commissioner Gagne stated if the HCRRA revoked the easement to cross the trail, access to the SYC and MPDCo properties would have to come from West Lake Street in Excelsior independent of the land use of those properties. He then stated he became a Shorewood resident in 1961 and since then he has observed a lot of changes to the City, some of which he liked and some of which he didn't. At some point the land use for the two properties will change. He noted that there is some higher density residential property near the properties. He did not want to amend the Comp Plan in a way that could cause problems in the future. He clarified he would not be in support of a tall condominium building being built in the area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 October 2008 Page 7 of 8 Commissioner Geng stated he was satisfied with the draft text amendment language. Commissioner Gniffke stated he also was satisfied with the draft amendment language, and his reason was the access issue over the HCRRA trail. Chair Schmitt stated he was not in support of the draft text amendment. He then stated one of the things he values about being a Shorewood resident is having access to Lake Minnetonka. If the use of the SYC and MPDCo properties becomes residential then that public access goes away, noting that they are private properties today but there still is some public access to the Lake. He does have some reservation about commercial businesses having to possibly access their facilities from West Lake Street, but that would happen for the SYC and MPDCo businesses today if the easement with the HCCRA is revoked. He would like the language in the Comp Plan regarding Planning District 6 to remain as it is in the adopted Comp Plan. Commissioner Vilett stated Chair Schmitt's point is very valid, and she thinks having Lakeshore Recreational property is important. In response to a question from Council Liaison Turgeon, Mr. Jabbour stated the easement agreement goes with the property and not the property owner. In response to a question from Commissioner Hutchins, Director Nielsen explained the DNR had approached the City about the possibility of acquiring some of the SYC property for a public access. The City steered them away from using the site for public access because of the intensification of use in a residential area and access to the property over the HCRRA trail. Chair Schmitt clarified he was not suggesting the properties be redeveloped as a public access site to Lake Minnetonka. He stated there are only three non-residential access points to the Lake in the City and they are the SYC, Howards Point Marina and the Upper Minnetonka Yacht Club. He thought it was important to keep the access to the Lake. Director Nielsen stated the draft text amendment language states any redevelopment of the SYC and MPDCo properties would best be accomplished through the use of planned unit development. Nothing would preclude the City from trying to ensure some type of public access to the Lake remained. Gagne moved, Hutchins seconded, recommending the language in the Shorewood Comprehensive Plan regarding Planning District 6 remain the same as in the adopted Plan. Motion passed 6/0. Chair Schmitt closed the Public Hearing at 8:00 P.M. 3. STUDY SESSION: Comp Plan -Community Facilities Director Nielsen asked the Planning Commission to review the draft revised Community Facilities Chapter of the Comprehensive Plan he delivered to the Commissioners the previous evening and come prepared to discuss it at the 21 October 2008 Planning Commission study session. 4. MATTERS FROM THE FLOOR CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 October 2008 Page 8 of 8 There were no matters from the floor presented this evening. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated the 21 October 2008 Planning Commission study session will be devoted to discussing the draft revisions to the Community Facilities and Transportation Chapters of the Comprehensive Plan. 6. REPORTS • Liaison to Council Colmnissioner Vilett reported on matters considered and actions taken at the 22 September 22 2008 City Council regular meeting (as detailed in the minutes of that meeting). • SLUC No report was given. • Other None. 7. ADJOURNMENT Gagne moved, Hutchins seconded, Adjourning the Planning Commission Meeting of 7 October 2008 at 8:07 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder