021709 pl mn
CITY OF SHOREWOOD 5735 COUNTRY CLUB ROAD
PLANNING COMMISSION MEETING SOUTHSHORE CENTER
TUESDAY, 17 FEBRUARY 2009 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Schmitt called the meeting to order at 7:05 P.M.
ROLL CALL
Present: Chair Schmitt; Commissioners Gagne, Geng, Ruoff, and Vilett; Planning Director Nielsen;
and Council Liaison Zerby
Absent: Commissioners Gniffke and Hutchins
APPROVAL OF MINUTES
1. 20 January 2009
Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 20
January 2009 as presented. Motion passed 5/0.
S T U D Y S E S S I O N
1. DISCUSS PLANNING DISTRICT AREA PLANS
Director Nielsen stated this evening he wanted the Planning Commission to continue discussion of the
Planning District Area Plans (the plans) contained in the Land Use Chapter of the Comprehensive Plan
(Comp Plan). He noted the Planning Commission discussed Planning Districts 1, 2 and 4 at its January
20, 2009, meeting. Planning Districts 10 – 12 and 3 will be discussed this evening. The discussion of
Planning Districts 10 – 12 was carried forward from the February 3, 2009, meeting which was cancelled.
He commented Districts 10 – 12 are located on the east end of the City.
Nielsen explained that Planning District 10 is bounded by Silver Lake on the west, Covington Road on
the north, Vine Hill Road on the east, and the Shorewood/Chanhassen municipal border on the south. This
District is relatively new and fully developed. There is one vacant lot located in the middle of the District
and it has very poor soil; one of the adjacent property owners acquired the property for additional yard.
There is no potential for lot splits. There are no changes recommended to this area plan.
Nielsen then explained Planning District 11 (the Shady Hills area) is bounded by State Highway 7 on the
north, by Vine Hill Road (which is also the Shorewood/Minnetonka municipal border) on the east, Old
Market Road on the west, and Covington Road on the south. He reviewed the proposed minor revisions to
this area plan. The reference to undeveloped land in the second paragraph would be changed to say
“…should remain planned for single-family residential.” In paragraph three the reference to State
Highway 7 would be changed to state “principal arterial” and the reference to collector streets would be
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17 February 2009
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changed to state “Minor collector…” because of changes in the Metropolitan Council’s classification
system.
In response to a comment from Commissioner Ruoff, Director Nielsen explained there is an
approximately 20 acre parcel of undeveloped land in District 11 and approximately 11 acres of it is
wetland. The property is zoned R1-C and the land use designation is 1 – 2 units per acre. The property
owner of that land does not agree a large part of it is wetland; he thinks its wet because of drainage from
other properties. The property has been the subject of law suits since 1991. The owner has submitted
various development proposals but has never followed through with them. There were a number of issues
with the sketch plan he submitted in 2008. The main issues with the more buildable parts of this property
are access and lot configuration.
Nielsen explained Planning District 12 is bounded by Greenwood on the west, Deephaven on the north
and east, and State Highway 7 on the south. The reference to the auto salvage yard in the area plan will be
eliminated; that property is now the Barrington planned unit development. The property formerly called
the Kuemple Chime Clock property located on Minnetonka Boulevard, is zoned Residential/Commercial.
He recommends the property be rezoned to residential at some time; this would make the property a
nonconforming use. In the mean time the property owners have to adhere to the Residential/Commercial
District regulations. He commented that many years ago the building on the property was occupied by a
clock shop; the property owners now rent the building out. He stated there is a fair amount of
redevelopment potential in the area often referred to as the “Manor area”. He explained City water has
been installed in Manor Road up to Amesbury, and a fair number of properties have connected to City
water along that stretch.
There was discussion about the issue of people buying multiple lots, reconfiguring them and then
redeveloping them. Because of that the City’s Ordinance had been amended such that in the R1-D zoning
district, where there are many 10,000 square-foot lots, there is a provision where the reconfigured lots
cannot exceed a certain percent increase in lot size. The intent is to try and maintain some of the character
of the neighborhood as well as affordable housing.
Commissioner Gagne stated he would prefer the Kuemple property be rezoned to residential.
In response to a question from Chair Schmitt, Director Nielsen explained the Kuemple property is
currently a conforming use but the building is nonconforming from a setback perspective. Schmitt stated
because the structure is nonconforming the property owner could not expand or change the structure, and
because the structure is nonconforming he did not have issue with it continuing with its current use.
Nielsen stated he will provide the Planning Commission with information on the structure’s
nonconformance. He then stated any other business that would occupy the space should require a
conditional use permit.
Council Liaison Zerby stated when the Barrington development was considered in 2003 there was a note
in the Planning Commission minutes that the Comp Plan would be modified “… to include a language
tying the increased density to the provision of City services”.
Director Nielsen stated he wanted to start preliminary discussions about Planning District 3 this evening,
noting he had additional work he had to do on its area plan. He explained this district is bounded by the
Shorewood/Tonka Bay municipal border on the north, County Road 19 and the Shorewood/Tonka Bay
municipal border on the east, Smithtown Road on the south, and Shorewood’s largest wetland system on
the west. The main opportunity is the redevelopment of the southeast corner of the District which is zoned
commercial. There are a number of vacant buildings in that area. The City would like to have the area
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developed as a unified project if at all possible, noting it will be difficult to get all current property owners
to sell their properties at the same time. The Land Use Chapter of the Comp Plan indicates the City may
be willing to assist with the redevelopment effort in some way such as with tax increment financing (TIF).
In the past Council indicated it would like the area to be developed as retail or office space, and not
service commercial where there could be contractor trade shops. He has reviewed submitted
redevelopment sketches which showed a mixed-use; retail/office on one level with multi-dwelling units
on top. Commissioner Gagne stated he could support TIF if there would be some reasonable housing on
top of the retail/office space. Nielsen stated one of the options he reviewed included senior housing on the
residential end of this commercial space.
Director Nielsen suggested the Planning Commission clearly specify in the area plan how it wanted to
have this area developed and reiterate that TIF is a possibility, noting Council had previously indicated it
would be willing to consider TIF (but no commitment was made). He explained District 3 is a fairly large
and well developed Planning District. The area plan references the property on the west side of Eureka
Road near the school that could be split; it has already been developed and that should be corrected in the
area plan. There are some long deep lots along Smithtown Road near that area where people want to do
back-lot development. The Comp Plan specifically states this type of back-lot development is not
allowed. Those property owners would have to agree to a unified development approach. The City will
likely see requests for lot splits in the future because of the large size of lots.
Nielsen stated the Minnewashta Elementary School has a new addition and additional parking; issues
with that area are resolved. Commissioner Ruoff commented the parking situation there has improved
immensely. Nielsen complemented Minnetonka School District representatives, in particular Mike
Condon, for helping make that happen and ensuring it was done correctly.
Nielsen explained there are paper streets in Planning District 3; Clara Avenue and First Street are just two
examples. He stated the Planning Commission will review all the City’s paper streets in 2009 and make a
recommendation on what should happen with them; should they be vacated or should they be held on to
because they could eventually be further developed.
Nielsen stated that although there is no sense of urgency, he suggested the Planning Commission discuss
how it would like to have the Xcel Energy property redeveloped should Xcel every move from that site.
Commissioner Gagne stated he would like to see that property redeveloped for multi-dwelling units.
Chair Schmitt commented that Xcel was trying to combine different offices at this time, and when he was
speaking with Xcel representatives they indicated they had no plans to move from the Shorewood site.
Schmitt stated Xcel has in the past installed its infrastructure in a development up front and recouped its
costs when properties hooked up to its utilities. That has hurt them financially because of the large
number of unsold or undeveloped lots. Developers recently received a letter from Xcel stating developers
will have to pay a $5,000 per lot fee and a $50,000 flat fee up front, and the developers will recoup their
costs when properties hook up to Xcel’s utilities. He’s heard rumor that Minnegasco may start to do the
same thing.
Chair Schmitt stated with regard to the northwest corner of the Smithtown Road and County Road 19
intersection that he, as a developer, he was caught off guard with the requirement for additional
landscaping next to the Gideon Glen area. He suggested Council’s openness to discuss some type of
assistance for developing this area be included in the Comp Plan. He also suggested the Comp Plan
convey the City may be open to allowing some relief from the density and 35-foot height requirements if
the properties are going to be developed as a unified development, in particular as mixed use. The Comp
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17 February 2009
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Plan should also encourage cross parking and mixed use (both horizontal and vertical) development of
that area.
Director Nielsen stated the Planning Commission has some work to do on mixed use in terms of
ordinance provisions, and he said the Comp Plan could state mixed use is a distinct possibility. He then
stated the density issue is much larger than just District 3. Chair Schmitt stated he thought the City’s
density requirements need to have some flexibility. Nielsen stated the Planning Commission has
expressed desire to discuss congregate senior housing and there are density issues associated with this
type of housing. Schmitt stated during his recent interview with the Council for continuing his tenure on
the Commission he sensed there was receptivity from Council to discuss congregate senior housing.
Nielsen stated the City Code already allows for higher density for independent senior housing, but it
doesn’t address other congregate care facilities. He then stated the density issue for market rate housing
(multi family dwellings) will be difficult to resolve; he did not think taller structures or higher density will
be allowed.
Director Nielsen stated he will update the area plans discussed to date and give them to the Planning
Commission for review.
Director Nielsen stated Council has requested the Planning Commission make a concerted effort to
publicize the Comp Plan. One Councilmember wants to have a video presentation of it, noting this
presentation approach was used before. Council Liaison Zerby stated he had suggested the Commission
hold neighborhood meetings. Nielsen stated the Commission could hold four neighborhood meetings and
discuss three Planning Districts during each meeting. Chair Schmitt stated a video is one-way
communication, and the neighborhood meetings allow for a two-way exchange.
2. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
3. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there is a public hearing slated for the 3 March 2009 Planning Commission
meeting. South Tonka Little League has requested amendments to the City’s Zoning Code that would
allow advertising signs on the ball field in Freeman Park. There may be also study session and that
portion of the meeting will be devoted to a continued review of the Comprehensive Plan Planning District
Area Plans.
3. REPORTS
Director Nielsen reported on matters considered and actions taken at the February 9, 2009 City Council
regular meeting (as detailed in the minutes of that meeting).
• SLUC
No report was given.
None of the Planning Commissioners expressed interest in attending the Sensible Land Use Coalition
Development Financing Outlook program scheduled for February 25, 2009.
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• Other
None.
4. ADJOURNMENT
Ruoff moved, Gagne seconded, Adjourning the Planning Commission Meeting of 17 February 2009
at 8:03 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder