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080409 pl mn CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 4 AUGUST 2009 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Geng; Commissioners Arnst, Gagne, Hasek, Hutchins, and Vilett; Planning Director Nielsen; and Council Liaison Turgeon Absent: Commissioner Ruoff APPROVAL OF MINUTES  21 July 2009 Gagne moved, Hutchins seconded, continuing the approval of the Planning Commission Meeting Minutes of 21 July 2009 to the 18 August 2009 Planning Commission meeting. Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING – PRELIMINARY PLANT Applicant: Bill Erickson Location: 27920, 27930, 27940, 27944 and 27960 Smithtown Road Chair Geng opened the Public Hearing at 7:02P.M., noting the procedures utilized in a Public Hearing. He explained items acted upon this evening would be placed on a 24 August 2009 Regular City Council meeting agenda for further review and consideration. Director Nielsen stated Billy and Karen Erickson own the properties located at 27930, 27940, 27944 Smithtown Road. David and Patricia Wessner own the property located at 27920 Smithtown Road; it’s located to the north of the Erickson’s. Jack and Gretchen Norqual own the property located at 27960 Smithtown Road; it’s located to the south of the Erickson’s property. Until recently, all of the properties had houses on them. In the past several weeks the houses on 27944 and 27960 have been demolished. The house on 27944 will not be replaced. All five properties are located in the R-1A/S Single Family Residential/Shoreland zoning district and are subject to shoreline regulations. Nielsen explained the owners of the five properties have agreed to rearrange the lot lines between the lots. It’s being processed through a formal platting process due to the number of properties involved and the complexity of legal descriptions that would result for the lots and the required easements. When it’s completed there will be Lot 1, Lot 2, Lot 3 and Lot 4 of Erickson Addition. The preliminary plat indicates the 27944 parcel will be eliminated; the land will be redistributed to the adjoining lots. Much of that parcel goes to the Wessners (Lot 1), some goes to the Ericksons (Lots 2 and 3), and the rest to the Norquals (Lot 4). The Norquals need some additional land so they do not have to take a small accessory CITY OF SHOREWOOD PLANNING COMMISSION MEETING 4 August 2009 Page 2 of 5 building down when they build a new dwelling on Lot 4. The accessory structure is currently too close to the side lot line. If this plat is not recorded, the Norqual’s building permit for the new dwelling stipulates the nonconforming structure will either have to be moved or removed. Nielsen then explained the configurations of the lots will be cleaned up considerably. Lots are required to be a minimum of 40,000 square feet of area in the R-1A/S District. The proposed four newly configured lots satisfy that requirement. Access to the all lots will remain unchanged. Lots 1 – 3 are accessed via a private road which extends west from Smithtown Road. Lot 4, the southerly lot, has its own private road that is shared by another parcel to the south of it. With regard to the analysis of the case, Nielsen explained currently the 27930 property is quite substandard with regard to size. As part of this proposed reconfiguration the size of Lot 2 will be increased to 40,000 square feet of area from 25,636 feet of area; it will come into conformance with the lot size requirement. Its impervious surface to lot area ratio will be decreased to 17.3 percent from 26.7 percent, thereby bringing it into compliance with the City’s Zoning Code. The existing tennis court on Lot 1 will either have to be downsized to comply with the 15-foot side setback requirement or be removed. Nielsen explained the City Code requires 10-foot drainage and utility easements around each of the four lots. He noted a conservation easement is required over the wetland area (the pond) in the middle of the properties, and anything that would be able to be built around the wetland would be subject to a 15-foot setback from that natural buffer. He explained that although the access to the properties remains unchanged, a new easement will have to be created over Lot 2, in favor of Lot 3. No new lots are being created. Therefore, no park dedication fee or sanitary sewer access charge are required for this project, and utility service remains unchanged. A little site restoration will be required because of the demolition of the house on 27944. Except for the demolition, no physical work is to take place; therefore, tree preservation and reforestation is not an issue. Nielsen stated Staff recommends approval of the preliminary plat subject to the following four conditions. 1. A final plat must be submitted within six months of Council approval of the preliminary plat. The approval must be done by October in order to satisfy a condition of the building permit issued for the Norquals. 2. If the tennis court is to remain on the property it has to be cut back to be in conformance with the 15-foot setback requirement. Otherwise it must be removed. If this has not been done prior to submission of the final plat, an escrow will be required in the amount of the cost of the work to guarantee the work will be done within 90 days of final plat approval. 3. The applicant’s surveyor should prepare a legal description for the wetland and buffer area, from which the applicant’s attorney should prepare a conservation easement. 4. The applicant’s attorney should prepare a driveway easement over Lot 2 in favor of Lot 3. Nielsen stated Billy Erickson and his wife were present this evening. Mr. Erickson explained the house they demolished became too costly to continue to repair and basically beyond repair. The three couples decided to pool their resources to pay for demolishing the house on 27944 and redistributing that land. He described how the property owners mutually agreed on splitting the CITY OF SHOREWOOD PLANNING COMMISSION MEETING 4 August 2009 Page 3 of 5 property in a way that was satisfactory and beneficial to all. They all thought one person should have total control of what happens to the pond and the tennis court. He commented that the Green Institute came and took everything it could out of the house that was demolished. He explained the division/combination of the 27944 property results in all four Lots being compliant with the minimize lot size requirement and the hardcover for all four Lots will be in compliance with the 25 percent maximum requirement. Mr. Erickson again reiterated that the Wessners, the Norquals, and he and his wife all thought the redistribution of the 27944 property was acceptable. Chair Geng opened the Public Testimony portion of the Public Hearing at 7:18 P.M. Dave Wessner, 27920 Smithtown Road, stated he agreed with Mr. Erickson’s comments. He explained that the parties involved had not been planning this rearrangement but it became clear it had to be done after the house went into foreclosure and disrepair. Chair Geng closed the Public Testimony portion of the Public Hearing at 7:19 P.M. Commissioner Vilett asked if there was a maintenance agreement in place for the shared driveway. Mr. Wessner stated they had operated under one for 10 years. The agreement goes with the property. In response to a comment from Commissioner Hasek, Mr. Wessner stated they use the existing tennis court for storage now and they are considering removing the concrete. In response to another comment from Hasek, Director Nielsen reviewed where the drainage and utility easements would be and where the conservation easement would be. Commissioner Hutchins asked if the property owners will have to redo their long driveway easement agreement because of the reduction in number of lots. Director Nielsen explained they may have to but it would be relatively easy to do because the description of the Lots will be very simple. Mr. Erickson stated they have to redo the easement. Gagne moved, Arnst seconded, recommending approval of a preliminary plat for Billy Erickson subject to Staff’s recommendations. Motion passed 6/0. Chair Geng closed the Public Hearing at 7:23 P.M. 2. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 3. DRAFT NEXT MEETING AGENDA Director Nielsen stated the 18 August 2009 Planning Commission meeting is a study session devoted to final discussion of Planning District Area Plans, and to discussing the neighborhood meetings. Commissioners will be assigned different components of the Comprehensive Plan and different Area Plans to talk about. He thought it may be beneficial to have Commissioners talk about Area Plans for the district they live in. Director Nielsen stated he has neighborhood meetings about the updated Comp Plan and Planning District Area Plans tentatively scheduled for September 15 and October 6 from 5:00 P.M. – 7:00 P.M.; both of those dates are normal Planning Commission meeting dates. He explained that he has asked the Commissioners if they would be able to attend another neighborhood meeting he would like to schedule CITY OF SHOREWOOD PLANNING COMMISSION MEETING 4 August 2009 Page 4 of 5 th for September 29 but he has not heard back from all the Commissioners. There needs to be at least four Commissioners in attendance at these meetings, noting he would prefer there be five. Chair Geng and Commissioners Gagne, Hasek, Hutchins, and Vilett stated they could attend that meeting. Nielsen explained the neighborhood meetings will be an open house style meeting. This informal format has been used in the past for Comprehensive Plan reviews with the community, and it has been the most successful format. People tend to talk more during an open house style meeting. There will not be any formal presentations. There will be five stations set up. Four of them are for the four different chapters in the Plan. The fifth station will be for the Area Plans being reviewed that particular evening. Nielsen asked the Commissioners to encourage their neighbors to attend the meetings. 4. REPORTS • Liaison to Council Commissioner Gagne reported on matters considered and actions taken at the 27 July 2009 Regular City Council meeting (as detailed in the minutes of that meeting). He indicated he was surprised that South Tonka Little League’s (STLL) conditional use permit request for allowing promotional signs on certain ball fields in Freeman Park was not on the agenda. Director Nielsen explained the Park Commission asked to review the revised license agreement between the City and STLL and that is scheduled to occur th during its August 11 meeting. Council will not consider the request until that has occurred. • SLUC Director Nielsen stated he had printed a brochure for the upcoming Sensible Land Use Coalition (SLUC) program. He did not have time to include it in the meeting packet for this meeting. Nielsen explained that normally Planning Commissioners are invited to attend SLUC programs. Council Members are also welcome to attend. Commissioner Arnst stated the program is titled “Unlock the Mystery! Special Service Districts and th Housing Improvement”, and it is scheduled for August 26 from 11:30 P.M. to 1:30 P.M. The event will be held at the Double Tree Park Place hotel in St. Louis Park. She stated the most recent SLUC tour of the new Twins stadium was sold out, and the last tour group was cancelled. She commented on the new stadium. • Other Director Nielsen introduced Ed Hasek, the newest Planning Commission Commissioner. He stated Mr. Hasek is a landscape architect and was highly recommended. Commissioner Arnst stated she again reviewed the landscaping proposed in the concept site plan for the Subway proposal. She asked if the City recommends what types of trees and plants to plant. Director Nielsen explained the County Road 19 Corridor Study calls for decorative landscaping in front of business sites and a backdrop of evergreens at the rear of the sites. The City’s Zoning Code contains a list of acceptable plants. The City’s Tree Preservation and Reforestation Policy contains a list of trees that are acceptable. The applicant chooses how to landscape their property. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 4 August 2009 Page 5 of 5 Commissioner Arnst commented she thought the proposed trees were mostly what she termed “deer food” and the plants are not drought tolerant. Director Nielsen stated a landscape plan has to indicate how the landscaping will be maintained. Commissioner Arnst asked if applicants are encouraged to use pervious pavers instead of asphalt. Director Nielsen stated the City does not do that. Nielsen explained that pervious pavement systems are highly engineered, they must be installed and monitored by an engineer, and they are high maintenance. Because of these things the Department of Natural Resources is not accepting them in lieu of hardcover. Nielsen stated if an applicant has hardcover issues they may be encouraged to use pavers, noting there is no credit given against the drainage solution if pavers are used. Council Liaisons were selected as followed: August 2009 Commissioner Geng September 2009 Commissioner Hutchins October 2009 Commissioner Vilett November 2009 Commissioner Hasek December 2009 Commissioner Gagne 5. ADJOURNMENT Vilett moved, Arnst seconded, Adjourning the Planning Commission Meeting of 4 August 2009 at 7:42 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder