PC-02-15-11
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, 15 FEBRUARY 2011 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Hutchins, Ruoff, Vilett, Davis, Arnst, and Hasek; Planning Director
Nielsen; Council Liaison Siakel; Administrator Heck
Absent: None
APPROVAL OF AGENDA
Hasek moved, Hutchins seconded, approving the Planning Commission Agenda of February 15, 2011 as
presented. Motion passed 7/0.
APPROVAL OF MINUTES
January 18, 2011
Hutchins moved, Arnst seconded, approving the Planning Commission Minutes of January 18, 2011 as
presented. Motion passed 6/0/1 (Hutchins abstained).
1. 7:00 P.M. PUBLIC HEARING – ZONING CODE AMENDMENT
REGARDING FIRE LANE SETBACKS
Director Nielsen reviewed the ten different fire lanes located throughout the City, describing their individual
characteristics and impacts on the properties they are adjacent to. The adjacent properties would benefit from
the code amendment by having the side yard setbacks reduced to be the same as other lakeshore lots.
Currently, the setback from a fire lane is the same as it is from a public right of way, equivalent to a front yard
setback.
Chair Geng opened the public testimony portion of the public hearing at 7:17 P.M.
Tim Schaefer, a prospective buyer of a property on Birch Bluff Road adjacent to the Third Street Fire Lane
(No. 4), stated he hopes to remodel and enlarge the house on the lot. He said due to the setback from the fire
lane there is barely five feet of buildable width, and he is hoping the City will approve the amendment. He
said his plan will work if the setback is reduced.
Chair Geng closed the public testimony portion of the public hearing at 7:19 P.M.
Commissioner Hasek questioned whether some of the fire lanes were on steep topography and if so perhaps
they should be vacated. Director Nielsen said the City did an in-depth study of all the fire lanes years ago and
did vacate a certain number of them. He said, while they all provide local access to the lakes, the fire lanes
around Lake William are also drainageways for the area.
PLANNING COMMISSION MINUTES
15 February 2011
Page 2 of 3
Arnst moved, Hasek seconded, to recommend approval of the Code Amendment regarding Fire Lane
setbacks. Motion passed 7/0.
Chair Geng noted that this item will be on the City Council Agenda of February 28, 2011.
2. DISCUSSION - SMITHTOWN CROSSING REDEVELOPMENT
Director Nielsen stated that he is in need of direction from the Planning Commission regarding the type of
housing that would be most suitable for the residential component of Smithtown Crossing. He asked if
apartments what people are thinking of for the site?
Commissioner Ruoff asked if apartments are considered under the same category as senior housing in the City
Code. Nielsen said senior housing is regulated by separate, specific code. The Federal Fair Housing Act,
more recently the Housing for Older Persons Act, allows for discrimination in housing. It allows a developer,
or city, to specify that this housing is only for persons 55 (or 62) years of age or older. Current City Code
provides for higher density for senior housing than it does for multi-family housing.
Commissioner Vilett stated she is not comfortable in having the Smithtown Crossing residential element
limited to senior housing. She said she would prefer to see an ability to have a mixture of housing types.
Commissioner Arnst said she thought mixed use indicates a variety of housing types, and a developer would
be inspired to include senior housing due to its higher density allowance.
Commissioner Hasek said his concern is for traffic capacity, and that factor should influence the density of
housing that is allowed. Nielsen said the City can always require a traffic study be incorporated into a
development review process.
Director Nielsen recapped his perception of what the Commission wants included in the plan: a range of
housing types – multiple family at R-3B zoning. Provide an opportunity for senior housing without stating
which kind - let the market dictate that. Exclude discussion about encouraging senior housing in this plan –
that should be separate. Hasek suggested keeping in mind what the traffic impact on local streets will be, and
promoting the pedestrian component.
Commissioner Hutchins said due to changing economics, there needs to be flexibility built into the plan to be
prepared for future opportunities.
Director Nielsen presented slides showing the Town Square Shopping Center building superimposed on the
corner of the site. The actual Town Square in Golden Valley includes a parking ramp that is not a probability
for Smithtown Crossing.
The Commission discussed the acquisition of a property currently for sale within the site. Nielsen said
developers have noted that city participation will be a critical factor in seeing the site developed.
Administrator Heck commented that the City having ownership in the land is the only real way of having any
control over how the land is developed. He said the Commission should send a strong recommendation to the
Council if they feel acquiring the property is important. He stated that current legislation is favorable right
now for cities to own property by extending the timelines that require development action. There was
consensus among the Commission that a firm recommendation be forwarded to the City Council favoring
purchase of the property. Councilmember Siakel noted that the upcoming Visioning Conference would be a
good opportunity to discuss this matter.
PLANNING COMMISSION MINUTES
15 February 2011
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3. MATTERS FROM THE FLOOR
None.
4. OLD BUSINESS
Commissioner Arnst asked when the speed buggy will be placed in the Shady Hills neighborhood. Director
Nielsen said it is scheduled for May. She also asked if the Trash Enclosure requirements will be posted in the
City Newsletter. Nielsen replied that it would be. In response to other inquiries, Nielsen said the Deer Study
showed the deer count went up. And that the Edwards C.U.P. was approved by the City Council.
5. NEW BUSINESS
Chair Geng suggested the Commission revisit the matter of how frequently the Commission meets. Nielsen
stated that an option is to plan on meeting the first Tuesday of the month, and if there are no application’s on
the Agenda, use that time for Study Session purposes thereby making a secondary meeting for that month
unnecessary. Arnst said if that is to be the case, it will be important that everyone stay on task. Hasek said
good attendance will also become more important.
6. DRAFT NEXT MEETING AGENDA
st
Director Nielsen said the March 1 meeting will focus on Smithtown Crossing, deer feeding, and
sustainability.
7. REPORTS
• Liaison to Council
Commissioner Hutchins reported on items considered and actions taken at the City Council meetings of
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January 10 and 24. Chair Geng reported on the City Council meeting of February 14 noting that due to a
zoning violation matter regarding a complaint regarding a dock, the Council wants the Planning Commission
to review the Dock Ordinance, with focus on the definition of a dock.
• SLUC
None.
• Other
Chair Geng gave recognition to Commissioners Vilett and Ruoff, thanking them for their time and
contributions to the Commission during their terms of service.
8. ADJOURNMENT
Vilett moved, Ruoff seconded, Adjourning the Planning Commission Meeting of February 15, 2011 at
8:19 P.M. Motion passed 7/0.
RESPECTFULLY SUBMITTED,
Patti Helgesen, Recorder