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010609 pl mn 5735 COUNTRY CLUB ROAD CITY OF SHOREWOOD PLANNING COMMISSION MEETING SOUTHSHORE CENTER TUESDAY, 6 JANUARY 2009 7:00 P.M. MINUTES CALL TO ORDER Chair Schmitt called the meeting to order at 7:03 P.M. ROLL CALL Present: Chair Schmitt; Commissioners Gagne, Geng, Gniffke, Hutchins, Ruoff and Vilett; Planning Director Nielsen; Engineer Landini; and Council Liaison Turgeon Absent: None APPROVAL OF MINUTES  18 November 2008 Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 18 December 2008 as presented. Motion passed 7/0.  2 December 2008 Gagne moved, Geng seconded, Approving the Planning Commission Meeting Minutes of 2 December 2008 as presented. Motion passed 6/0/1 with Schmitt abstaining due to his absence at the meeting. 1. 7:00 P.M. PUBLIC HEARING – PRELIMINARY PLAT – WILDWOOD Applicant: Brent Hislop, Synergy Land Company Location: 6045 Strawberry Lane Chair Schmitt opened the Public Hearing at 7:05 P.M., noting the procedures utilized in a Public Hearing. He explained items recommended for approval that evening would be placed on a January 26, 2009, Regular City Council meeting agenda for further review and consideration. Director Nielsen stated Brent Hislop, Synergy Land Company, LLC, has arranged to purchase approximately 4.36 acres of land at 6045 Strawberry Lane. The property is currently occupied by a very old single-family house. The applicant proposes to remove the existing house and plat it into seven single- family residential lots. The proposed lots will range in size from 20,046 to 25,696 square feet. Nielsen explained the subject property is zoned R-1C, Single-Family Residential and that zoning is consistent with the zoning to the south and to the east. To the west of the property is Strawberry Lane then properties zoned R1-D, Single-Family Residential which are a minimum of 10,000 square feet in area. To the north of the property is the Hennepin County Regional Rail Authority (HCRRA) right-of- way (LRT Trail). The properties to the north of the HCRRA are zoned R-1A, Single-Family Residential and are a minimum of 40,000 square feet in area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 6 January 2009 Page 2 of 8 Nielsen then explained existing vegetation on the site consists of a mix of young and mature, deciduous and coniferous trees. The majority of the trees are at the perimeter of the property. He noted the applicant submitted a tree inventory illustrating the locations of all trees on the site larger than eight inches in diameter at breast height (DBA) which is 42 inches above the ground. A second tree inventory was also submitted illustrating the locations of only the significant trees (i.e., coniferous trees no less than six feet in height and deciduous trees larger than eight inches in DBA) which are at least in fair or good condition. City Code requires a developer to preserve as many trees as possible. Trees that cannot be preserved must be replaced. Any 8 – 12 inch diameter tree must be replaced with two three-inch caliber trees with that measurement being one foot off of the base of the nursery plant. Any tree greater than 12 inches in diameter must be replaced with three three-inch caliber trees. The maximum replacement number of trees is eight per acre. With regard to the analysis of the case, Nielsen stated all of the proposed lots meet or exceed the City Code minimum size requirements for the R-1C zoning district which are 20,000 square feet in area, 100 feet in width and 120 feet in depth. The preliminary grading plan indicates the building pads measure 80 feet by 60 feet. The 60-foot depths of the pads are more than adequate to accommodate homes, patios and decks. Staff recommends the developer consider reducing the depths of the pads to possibly 55 feet; this would reduce the amount of fill that is required to make the lots buildable and it could also allow a few more significant trees to be preserved. Nielsen explained the new lots will be served by a by a 385 foot long cul-de-sac street (the maximum length allowed is 700 feet) with a proposed right-of-way width of 50 feet, terminating in a 120-foot diameter cul-de-sac. The paved surface is 24 feet wide, exclusive of curb and gutter width, and the turn- around is 91 feet in diameter. The street grade does not exceed five percent. These dimensions are all consistent with the City’s Code. With regard to grading, Nielsen stated the site alteration for this project will be considerable in order for the street to meet grade requirements and to manage storm water runoff for the site. The preliminary plans indicate the site will be raised approximately five feet in some areas in order to have the lowest floor elevations of the homes above the high water elevations of the proposed pond and drainage features. The developer should be required to provide estimates of quantities of material to be brought onto the site, and the condition of Strawberry Lane should be checked before and after the project is complete to assess for any damage that may result from truck traffic to the site. Nielsen explained the subject property is extremely flat and drains very gently from southwest to northeast, and the property is poorly drained today. He stated the residents of the Shorewood Oaks development want to be assured that, at a minimum, the current drainage will be maintained and storm water will not backup onto the Shorewood Oaks properties. He explained the proposed draining system. The plan proposes to conduct water to a drainage swale at the rear of Lots 5 – 7 which is then conveyed to a proposed ponding area at the northeast corner of the site. He stated Staff recommends the rear yards of Lots 5 – 7 be designed as a rain garden and the drainage swale be designed as dry-rock river bottom to serve to define the areas that must be maintained for drainage purposes. Also, conservation easements should clearly state that buildings, decks, patios and other impervious surfaces be kept out of the drainageways. He explained the pond will drain into an existing drainage channel in Freeman Park and be conducted to the northeast. He noted drainage from Shorewood Oaks is also conducted through Freeman Park. He also noted there is an existing drainage swale on the property which runs along the south boundary of the property and extends to the north. This existing swale is entirely for the use of the property and that pattern will be maintained. He stated Staff also recommends a homeowner’s association (HOA), or something similar, be established with its primary purpose being the maintenance of the CITY OF SHOREWOOD PLANNING COMMISSION MEETING 6 January 2009 Page 3 of 8 drainage system. Arrangements for the HOA should be incorporated into the development agreement for the final plat. Nielsen stated sanitary sewer is available in Strawberry Lane. Prior to release of the final plat the developer must pay local sanitary sewer access charges in the amount of $1,200 per lot. Credit is allowed for the existing house on the lot; therefore, the total charge for sanitary sewer access will be $7,200. The developer’s plans include a municipal water main to serve the lots. At Staff’s direction, and pursuant to the City’s Code requirements, the developer shows water main being extended to the north boundary of his property as well as into the site. Water connections charges will be $70,000 ($10,000 per lot), from which the cost of extending water main may be deducted up to $70,000. The City’s Subdivision Code requires the developer to pay $5,000 per lot for park dedication fees. Credit is allowed for the existing house; therefore, the total park dedication requirement is $30,000. Nielsen noted the developer has submitted documentation satisfactory to the Minnehaha Watershed District (MCWD) that no wetlands exist on the property. Nielsen explained the developer will be required to plant 35 trees (the maximum replacement is eight trees per acre). A final tree preservation and reforestation plan must be submitted with the final plat, and the final plat must be submitted within six moths of receiving approval of the preliminary plat. He noted the tree preservation plan submitted as part of the preliminary plan was prepared by a qualified individual. Nielsen noted the developer is not proposing street lights. If the developer chooses to reconsider street lighting the City Code has criteria for where street lighting can be located. Also, future property owners could request the installation of street lights if they so desired. Nielsen stated because the preliminary plat for Wildwood is consistent with the City’s development regulations, Staff recommends approval of the plat subject to the following conditions. 1. Plans for streets, utilities, grading, drainage and erosion control are subject to the recommendations of the City Engineer. 2. Drainage and erosion control are subject to the review and approval of the Minnehaha Street Watershed District. (This condition was added after the Staff report was written.) 3. The final plat submission should include the documents establishing a homeowner’s association, or some other mechanism, and protective covenants providing for maintenance of the drainage facilities on the property. 4. Prior to final plat release, the developer must pay $7,200 in local sanitary sewer access charges. 5. Prior to final plat release, the developer must pay $70,000 in water connection charges. Upon completion of the improvements, expenses for water main will be refunded not to exceed $70,000. . 6. Prior to release of the final plat, the developer must pay $30,000 in park dedication fees. 7. The developer must submit a final tree preservation and reforestation plan, prepared by a registered landscape architect or forester. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 6 January 2009 Page 4 of 8 Engineer Landini stated the proposed houses comply with the low-floor-opening policy, as do the surrounding homes. He explained the water on the front of the seven lots will drain toward the street and the cul-de-sac and then into two catch basins. The runoff will be carried to the rain garden and the overflow will go into the drainage swale and be conveyed into the proposed water-quality pond. The water in the pond will flow through an outlet into an existing drainage channel in Freeman Park and be conducted to the northeast. The runoff from the property should not overflow onto the properties in Shorewood Oaks. He noted the rain garden and pond system are at a lower elevation than the existing swale; therefore, the drainage from the adjoining neighbors should flow into the system. Director Nielsen stated Staff has had experience with developments where drainage was planned to flow through backyards through a large drainage and utility easement, yet when there was a substantial rain those property owners became disturbed because water flowed through their back yards. They thought the development was poorly designed, when it was actually designed to work that way. The drainage system proposed is attempting to avoid that. Also, people make routine improvements to their properties that disturb the flow of drainage; the future property owners must be put on notice that that drainage system must remain in tact. Mr. Hislop, the applicant, stated he understood why there is a need for a maintenance agreement against all of the seven lots. Chair Schmitt opened the Public Testimony portion of the Public Hearing at 7:32 P.M. John Hoeting, 26340 Shorewood Oaks, thanked the City’s representatives for meeting with the Shorewood Oaks residents to discuss the residents’ concerns. He stated he and his wife wanted assurances there would be a legally binding document in perpetuity which requires the Wildwood Development property owners to maintain the drainage system. He expressed concern that the proposed drainage system may not be able to handle a major rain storm. If the system does not work now or in the future it will impact over a dozen homeowners in both the new development and the surrounding properties. He stated he did not understand the need to raise the ground height in Wildwood such that it will be higher than that in Shorewood Oaks, and then divert runoff off the new lots to the Shorewood Oaks properties. He commented he had not heard any discussion about the impact on existing trees located on Shorewood Oaks properties, about the ramifications of standing water with regard to the mosquito population, or the possible endangerment to young children because of the pond in the northeast. He stated he had been told the pond in the northeast should have water in it all year round and the pond in the southeast will likely have water in it through June of each year. Nancy Rendos, 6040 Maple Leaf Circle, stated she also has concerns about drainage. She questioned if an earth berm was considered for installation to buffer the abutting properties. She explained during the summer homes in her neighborhood receive reduced electrical power from Xcel Energy. She explained several of them have had the igniters replaced in their ovens because they were not getting enough electricity to start the ovens. Minnegasco had indicated the problem was because the transformer servicing the area did not have enough capacity to fulfill the demands of air conditioners as well as all of the other demands. Minnegasco also stated their air conditions would have a shortened useful life because they were operating on a lower electrical service level. She questioned if anyone had asked Xcel Energy what the impact of the increase in demand will be, and also if Xcel would be willing to install a larger transformer. In response to a question from Ms. Rendos, Engineer Landini stated her property’s elevation is higher than the elevation of the ground the drainage will flow over. She expressed concern about the quality of fill that will be used. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 6 January 2009 Page 5 of 8 Tom Rendos, 6040 Maple Leaf Circle, questioned if the proposed homes will be a walkout style, and if so could that design be modified to reduce the amount of fill required. Mr. Hoslip explained the pond and the drainage system necessitate a walkout style home, and if the homes were converted to a lookout style more fill would be required. Engineer Landini clarified two homes will be lookouts and five will be walkouts. Mr. Hoeting questioned if the Shorewood Oaks residents will be looking at the backs of homes in the proposed development that will have a basement, two stories and a roof. Director Nielsen stated they will look like three stories in the back. Bill Coffman , a member of the development team, stated rambler style homes could be built on any of the pads. In response to a comment from Mr. Rendos, Director Nielsen explained the reason Staff recommends the drainage swale have a dry-rock river bed was to ensure the swale was clearly defined. He then explained the City Engineer has requested that a condition of approval be that a minimum of annual topography verification reports be submitted to the City to insure the appropriate depth of the swale is being maintained. In response to another question from Mr. Rendos, Nielsen stated the proposed pond is called a Natural Urban Runoff Program (NURP) pond and it is required by the MCWD. The NURP pond is designed to handle the rate of runoff and to address water quality as it leaves the site (the water enters the pond and the sediment drops to the bottom before the water leaves the pond). In response to a third question from Mr. Rendos, Nielsen explained the development to the east of Shorewood Oaks (i.e., Shorewood Ponds) has a drainage system with underground piping and any above ground runoff flows through depressions in the yards. Nielsen noted the drainage system required for the Wildwood Development is significantly more than has been required for other similar developments. Cara Otto, with Otto Associates (a firm doing work for Synergy Land Company), stated there is a slight elevation that separates the pond from the property on the east. If the berm was extended or increased it could prohibit water from flowing off of the Rendos’ property to the swale and pond. She explained NURP ponds must have a ten-foot safety bench; that is, the first ten feet of the pond is only one foot deep. Rick Stempel, 5975 Cathcart Drive, stated from his vantage point in the Strawberry Lane and Cathcart Drive area there were two many homes on too little land. He thought the Wildwood Development is proposing to build two many homes on slightly more than four acres of land. He suggested the number of homes in that area be reduced to maintain the existing character. In response to a question from Ms. Rendos, Director Nielsen explained the maintenance agreement will require the sediment in the NURP pond be monitored and cleaned out when it reaches a certain depth. Chair Schmitt closed the Public Testimony portion of the Public Hearing at 7:49 P.M. In response to a question from Commissioner Gagne, Director Nielsen explained the City will receive drainage and utility easements along all side-lot lines (ten feet per side) per the subdivision ordinance. Director Nielsen stated there are many people who purchase a property and don’t take the time to read the protective covenant against the property. He explained a protective covenant is recorded against the property. In response to a question from Commissioner Gniffke, Director Nielsen explained one of the drainage issues Staff was dealing with involved a property that was graded to drain and had a grass swale on it. The property owner assumed it was their back yard and installed a fire pit and fire ring in that easement. The City has told the property owner that they have to remove those items from that easement. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 6 January 2009 Page 6 of 8 Mr. Stempel questioned what the price range will be for the new homes and what impact that will have on other homes in the area. Chair Schmitt explained the Planning Commission does not deal with economic concerns. Commissioner Ruoff commented that there are a number of foreclosed and vacant homes in the vicinity, and from a resident’s perspective he would like to have the character of the area maintained. Mr. Hoslip stated the homes would probably be priced in the $700,000 - $900,000 range. He then stated he hoped to break ground in the fall of 2009 or early 2010. In response to a question from Commissioner Ruoff, Engineer Landini stated the rain garden and the drainage swale are the same elevation and should be filling with water at the same time. Director Nielsen stated the swale and rain garden could almost be considered an extension of the pond. Nielsen explained the rain garden would dry up first, the swale would hold water a little longer and the pond would hold water the longest; they would all fill at the same time. A rain garden is designed to let water soak in and the landscape plan for the garden requires plans that have deep roots so they can absorb a lot of water. In response to a question from Commissioner Geng, Director Nielsen explained stated the width for the drainage swale has not been determined yet but the width and depth will be determined based on the amount of water it must hold. The size will be determined when the final grading plan is prepared. Geng then questioned how the swale will affect the reforestation. Director Nielsen stated as many trees as possible will be preserved in that area, although a lot of vegetation will be removed. He commented there is a small swale (a combination of natural and manmade) that already exists on the property. In response to another question from Geng, Director Nielsen stated it would be counterproductive to install a berm as it would prohibit water from flowing into the drainage system. In response to a comment from Commissioner Ruoff, Director Nielsen stated he had not heard about the transformer issue before. Staff will contact Xcel Energy about that problem. Chair Schmitt stated he would not be in favor of recommending approval of the preliminary plat if the means for enforcing drainage system maintenance was a self-policing HOA. Director Nielsen clarified the HOA would be responsible for paying the maintenance costs; it would not be self policing. Nielsen stated Staff is recommending the developer submit a maintenance plan which would include that annual verification of the elevation of the drainage swale and monitoring the sediment level in the NURP pond. It’s the seven property owners’ responsibility to restore the elevation and to maintain the rain garden and NURP pond. Schmitt recommended a maintenance fund be established as part of the project and the fund be adequately maintained to insure there are adequate funds when needed. Chair Schmitt stated he was confident the drainage system will work the way it is designed. He’s concerned about the impact of natural changes that will occur to the swale and the pond. He questioned if the system was designed to handle other developments, not just this development. Ms. Otto explained it was designed to include the back yards of the adjacent properties. Chair Schmitt commented communities he works with do not allow drainage to go across properties. Director Nielsen explained the City’s development regulations require natural drainage be maintained. The rate of runoff that leaves the site cannot exceed the rate that existed prior to development. The pond controls how fast the water leaves the site. The nature of the drainage cannot be changed. For example, if there is sheet drainage in a location that cannot be changed. Chair Schmitt cited another city that does not issue a building permit until the new homeowner and developer sign a document stating they have read everything. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 6 January 2009 Page 7 of 8 Gagne moved, Vilett seconded, recommending approval of the preliminary plat for Brent Hislop, Synergy Land Company, 6045 Strawberry Lane, subject to the conditions identified in the Staff report dated 1 January 2009 and in the City Engineer’s report dated 31 December 2009 and subject to the drainage and erosion control plans being reviewed and approved of the Minnehaha Creek Watershed District . Chair Schmitt questioned if a HOA was the appropriate mechanism to insure the maintenance system will be maintained. He wanted to insure a maintenance fund will be established upfront. Ms. Hislop stated that although he has not spoken with his legal counsel yet he thought a permanent maintenance agreement could be drafted prior the submitting the final plat and that agreement could be reviewed by the Planning Commission and Staff to insure it was all inclusive. The property owners of the seven lots will be responsible to implement and adhere to the maintenance agreement. Mr. Hislop stated he was not sure if a HOA would be the appropriate place to assign responsibility managing a maintenance fund. Chair Schmitt stated he wanted the opportunity for the Planning Commission to review the maintenance agreement, including who will be responsible for insuring it is adhered to and a process for establishing a maintenance fund, prior to the final plat being approved. Without objection from the maker or seconder of the motion, the motion was amended to include a condition of approval requiring the applicant to provide the Planning Commission the opportunity to review and recommend approval of the maintenance agreement, including who will be responsible for insuring it is adhered to and a process is identified for establishing a maintenance fund, prior to the final plat being approved. Director Nielsen stated the agreement will specify the City has the authority to assess for maintenance costs should the property owners not adhere to the maintenance agreement. Motion passed 7/0. Chair Schmitt closed the Public Hearing at 8:28 P.M. S T U D Y S E S S I O N 2. 2009 WORK PROGRAM Director Nielsen reviewed some of the items that should be included in the 2009 Planning Commission work program. The Commission has to hold a public hearing on the updated Comprehensive Plan and it has to review the revisions recommended by other agencies. Planning District Area Plans, of which there are twelve, will all be reviewed. The schedule will be to review one per month with more reviews being done in slower months for the Commission and maybe none during busier months. He will review the Chapter Summaries in the Comprehensive Plan and prepare a task list of items that were identified to be done (e.g., a study of the City’s rights-of-way). A study will be done of the City’s parking requirement. His goal is to have that done in February 2009. One meeting in 2009 will be dedicated to discussing variances and what variances were considered in 2008. He stated this list will likely grow. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 6 January 2009 Page 8 of 8 Chair Schmitt suggested senior housing be added to the list. There was consensus that residents should be provided statistical information on senior housing; information similar to what the Planning Commission heard from a senior housing expert in 2008. 8. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 9. DRAFT NEXT MEETING AGENDA Director Nielsen noted the 20 January Planning Commission study session will be devoted to reviewing and discussing a detailed 2009 Planning Commission work program and starting on at least one if not two area plans. 10. REPORTS • Liaison to Council Council Liaison Turgeon reported on matters considered and actions taken at the 8 December 2008 Regular City Council meeting (as detailed in the minutes of that meeting). Director Nielsen provided an update on the City Hall renovation. Commissioner Vilett volunteered to serve as the liaison to Council for the January 2009 City Council regular meetings. The liaisons for February – June 2009 will be selected at the next Planning Commission meeting. • SLUC Chair Schmitt, Commissioners Geng, Gniffke and Vilett and Director Nielsen all stated they thought the Sensible Land Use Coalition program titled Twin Cities Housing 2008 Report 2009 Outlook they attended was interesting but they did not hear much they did not already know. • Other None. 11. ADJOURNMENT Gniffke moved, Hutchins seconded, Adjourning the Planning Commission Meeting of 6 January 2009 at 8:43 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder