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PC-08-02-11 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 2 AUGUST 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, Charbonnet, Garelick, Davis, and Arnst; Planning Director Nielsen; Council Liaison Woodruff; and Administrator Heck. Absent: Commissioner Hasek. APPROVAL OF AGENDA Director Nielsen requested that Item No. 5. Sustainability – Review Best Practices, be removed from the current Agenda. Arnst moved, Hutchins seconded, Approving the Planning Commission Agenda of August 2, 2011 as amended. Motion passed 6/0. APPROVAL OF MINUTES  July 19, 2011 Hutchins moved, Arnst seconded, Approving the Planning Commission Minutes of July 19, 2011 as presented. Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING – C.U.P. FOR FILL IN EXCESS OF 100 CUBIC YARDS Applicant: Brett Palesch, Colfax Co., Representing Donna Balgard Location: 26100 Smithtown Road Chair Geng explained the public hearing procedures for the benefit of audience members. He stated that this item will be on the City Council Meeting Agenda of August 8, 2011. Director Nielsen stated that the house currently located on the property was built in 1980, and in 1993 a Conditional Use Permit was approved for adding approximately 1200 cubic yards of fill to the lot for the purpose of lessening the grade around the house. Nielsen said that Commissioner Arnst indicated she recalled that the filling had caused some controversy at the time about it being placed in the wetland area. Nielsen said a search of the records found that corrective action had been taken to remove some of the fill. Nielsen reviewed the staff report stating that Donna Balgard, the owner of the subject property intends to replace the existing house with a new one. Her contractor proposes to raise the grade on the property one to two feet over approximately one-third of the site in hopes of mitigating drainage issues. The proposed grading plan will require approximately 2150 to 2600 cubic yards of fill. PLANNING COMMISSION MINUTES 2 August 2011 Page 2 of 5 Nielsen indicated that the proposed amount of fill would require approximately 210 deliveries by 10-yard dump trucks. The City Engineer has recommended that truck traffic be limited to Smithtown Road to and from either Highway 7 or Co. Rd. 19, and that nearby local streets be avoided. In addition to the route, it is being recommended that hours of construction, 7:00 A.M. to 7:00 P.M., Monday through Friday, and 8:00 A.M. to 6:00 P.M. on Saturdays be strictly observed. Wayne Soojian, President of Colfax Co., stated that the bulk of the fill is for correction of soil conditions. He said they will use any existing material that is suitable and bring in additional fill only as necessary to replace the excavated soil and to finish the grade. They have no issues with any of the staff recommendations and intend to comply fully. Commissioner Garelick asked what the frequency of truck trips will be. Mr. Soojian said that at peak, up to 40 trips per day. Commissioner Hutchins asked, if the current soil is not structurally sound will that cause additional trips? Mr. Soojian said it would not because their estimates are based on a worst case scenario. Councilmember Woodruff asked how many trucks would be stacked on Smithtown Road and whether Colfax Co. will have traffic control. Mr. Soojian said they do not anticipate an excess amount of trucks at the site and would prefer not to have on-site traffic control due to the costs to the client. Woodruff said that one truck parked should not be a problem, but 6 – 8 would be as Smithtown Road is curved in that area which causes greater potential danger. He stated that City staff should monitor the situation and require appropriate action as necessary. Commissioner Hutchins suggested that perhaps the truck hauling could be restricted during rush hour periods. Nielsen asked Commissioner Davis when she thought Smithtown Road was busiest. She said it’s busy in the morning up until around 9:00 A.M. and then again around 4:00 to 6:00 P.M. Commissioner Arnst asked what guarantee the City has against road damage due to the hauling. Nielsen said the Certificate of Occupancy is the standard leverage. Chair Geng closed the public hearing at 7:28 P.M. Hutchins moved, Arnst seconded to recommend approval of the Conditional Use Permit subject to staff recommendations and that consideration be given to hours of operation for traffic safety concerns. Motion passed 6/0. 2. BUILDING MOVING PERMIT Applicant: Otting House Movers Location: 26270 Smithtown Road Director Nielsen reviewed the staff report indicating that Nancy Williams, who owns the property located at 26270 Smithtown Road is purchasing a detached garage from her next door neighbor at 26100 Smithtown Road and plans to contract with Otting House Movers to have it moved onto her property. Otting will also be moving the house from the neighbor’s property, but it will be moved out of the City. The routes have been reviewed and approved by the City Engineer and the contractor will coordinate the date and time of the moves with the South Lake Minnetonka Police Department. PLANNING COMMISSION MINUTES 2 August 2011 Page 3 of 5 Nielsen stated that the garage, which is 20’ x 22’with two-stalls, has been inspected by the Building Official who found it to be in sound condition. He said it will comply with all setback requirements. The applicant will be converting an existing tuck-under garage into living space in order to comply with the 1200 square foot accessory space limit. Davis moved, Hutchins seconded, to recommend approval of the Building Moving Permit for both the garage and the house, subject to staff recommendations. Motion passed 6/0. 4.DISCUSS DYNAMIC SIGNS In consideration for Mike Cronin who was in attendance, Agenda Item No. 4 was moved forward. Director Nielsen presented a sample of videos taken of various electronic signs from around the metro area. Some were depictions of signs that had undesirable features such as overly rapid timing, or considered to be very distracting to drivers, while others were less so. Mr. Cronin, rep. Holiday Gas, provided a listing of existing signs in the west suburban area which described their location and the timing they are set at. He said he hoped the Commission would be able to visit some of the sites to get a first hand view. Nielsen distributed and reviewed a spreadsheet of information from his research of other city sign ordinances. The information included whether dynamic signs are allowed; if they can be free-standing and/or wall signs; the allowable size; the transition type; brightness control; zoning district restrictions; timing; setbacks; and other miscellaneous requirements. Nielsen suggested that some of the preliminary recommendations could be that dynamic signs be limited to the C-1, General Commercial zoning district, although allowing them in the C-2 district could also be considered; all other districts be limited to alpha-numeric rather than graphical dynamic signs; the signs should not be allowed as temporary signs, i.e. the portable billboards; definitions and consistent reference terminology needs to be established; and determine an allowable percentage of the overall signage that can be dynamic signage per site. Commissioner Arnst asked if the City has the freedom to designate where these signs can go, based on something other than the zoning, because Smithtown Crossing and Kuemple Chimes are more residential (based on the zoning map) than other commercial sites. She said it's something we need to allow with, good judgment. Nielsen agreed, saying that may be where the distance from residential would be a useful requirement to have. Davis said if multifamily goes in (to Smithtown Crossing) and the corner gas station puts in an electronic sign they're going to be looking at it. Nielsen asked what about hours? Arnst said CUB has to dim their parking lot lights after a time, and the same for the gas station canopy lights, so that makes sense. Geng said it should all be consistent, as that would be the easiest to enforce and easiest to comply with. Regulation of pylon signs were discussed. Nielsen said typically each commercial site is allowed one pylon sign and that would be the dynamic sign, rather than also allowing dynamic signage on wall signs at the same site. Councilmember Woodruff pointed out that the area between Old Market Road and Vine Hill Road along Highway 7 has many smaller commercial sites. Mr. Cronin said some cities control sign proximity by having minimum street frontage requirements, and some base allowable signage, or the requirements (timing, etc.) for the signage, on the type of street the property is situated on, such as a major arterial. PLANNING COMMISSION MINUTES 2 August 2011 Page 4 of 5 Nielsen reiterated that noncommercial sites should be limited to alpha-numeric signage, such as changeable message-boards. And the dynamic portion of pylon signs should be restricted to the lowest portion of the sign. Nielsen indicated that he had enough information to prepare a draft ordinance for the Commission’s review. 3. DISCUSS DEER FEEDING BAN SURVEY RESULTS Director Nielsen stated that the survey response was very strong. Of the approximate 800 responses (some of which was electronically), 605 were marked “Yes”, and 162 marked “No”, representing about 80% of the respondents being in favor of a deer feeding ban. Commissioner Arnst asked if the City can act on or enforce feeding violations that are discovered by the aerial surveys. Nielsen said that will be up to the City Council, but the current policy is enforcement by complaint basis. Councilmember Woodruff pointed out that the Commission can make a recommendation to the Council regarding enforcement policy. Arnst said it makes sense to her that the City should act on a valid source, not just neighbor against neighbor. Commissioner Davis said that the culling of herds needs to be stepped up. Nielsen said an additional weekend may be added to the annual bow hunting program, it is on the next City Council Agenda for consideration. Commissioner Arnst said there should be consideration given to week-day hunting, and letting people know that additional sites are needed. There was consensus that advertising for more sites be placed in the City newsletter. Davis suggested checking with the City of Duluth as to how they manage their deer because they have had a lot of success. Administrator Heck stated that the first reading of the ordinance, and hearing public comment, can be done by the City Council. The Council can then direct the next steps to be taken. The Commission was in agreement that a strong method of enforcement, using means beyond neighborhood complaint, be incorporated into policy. Nielsen said that won’t rule out neighborhood complaints, and reminded the Commission that complaints are treated as anonymous. The Commission referred the matter onto the City Council and recommended that the City publicize the need for additional hunt-sites in the City newsletter. 5. SUSTAINABILITY – REVIEW BEST PRACTICES This item was deferred. 6. MATTERS FROM THE FLOOR None. 7. OLD BUSINESS Commissioner Arnst inquired about the status of the County Road 19 trail-crossing signage. Everyone agreed it is a dangerous situation and it needs to be made clear to trail users and vehicle drivers alike that the vehicular traffic does not stop. She said the signs on the Dakota Trail have been updated, and Three Rivers Park District has been out enforcing the rules on bicyclists. Councilmember Woodruff stated there are updated signs near the Mound Post Office. He suggested that Three Rivers Park District be approached about getting some changes made to the County Rd. 19 crossing. PLANNING COMMISSION MINUTES 2 August 2011 Page 5 of 5 8. NEW BUSINESS Commissioner Davis asked what the current code regulations are that apply to people living in trailers parked on the street, and also about properties that have non-mowed grass. Nielsen said the trailer is a police matter because it is in the street, and the City does not have a grass-length ordinance. 9. DRAFT NEXT MEETING AGENDA The August 16, 2011 Planning Commission Agenda will include the Shady Hills Traffic neighborhood meeting. 10. REPORTS  Liaison to Council Councilmember Woodruff reported on items considered and actions taken by the City Council at their meeting of July 25, 2011.  SLUC None.  Trail Committee None. 11. ADJOURNMENT Davis moved, Arnst seconded, to adjourn the Planning Commission Meeting of August 2, 2011 at 8:47 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder