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PC-05-07-13 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MAY 7, 2013 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 Charbonnet, Davis, Garelick, Labadie, and Maddy; and Planning Director Nielsen Absent: Commissioner Muehlberg APPROVAL OF AGENDA Garelick moved, Maddy seconded, approving the agenda for May 7, 2013, as presented. Motion passed 6/0. APPROVAL OF MINUTES  March 5, 2013 Davis moved, Maddy seconded, approving the Planning Commission Meeting Minutes of March 5, 2013, as presented. Motion passed 6/0 2. MINOR SUBDIVISION Applicant: Dave and Lori Free Location: 5885 Seamans Drive Chair Geng noted that Dave and Lori Free, 5885 Seamans Drive, are proposing to subdivide their property. He explained the Shorewood Planning Commission is made up of residents appointed by the City Council. The Commission does not have the final say on matters such as this subdivision application. Its role is advisory only; it makes recommendations to the City Council. The Commission helps develop the public record. He described the process that will be followed this evening. He noted that Council may consider these items during its May 28, 2013, meeting. Commissioner Garelick asked what would require a public hearing to be held for a subdivision. Director Nielsen explained that if the subdivision would create more than three lots it requires platting and plats require a public hearing. Director Nielsen explained Dave and Lori Free own the property located at 5885 Seamans Drive. They propose to divide the property into two lots. The property is zoned R-1A, Single-Family Residential. It contains 3.7 acres of area. The only thing currently on the property is the Free’s home. The northerly lot with the home on it will have approximately 121,825 square feet of area including wetland area. The new southerly lot will have approximately 40,902 square feet of area. It does not include any wetland area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 2 of 10 With regard to the analysis of the case, Nielsen explained the right-of-way (ROW) for Seamans Drive that abuts the Free property is substandard at 33 feet of width. The City has the opportunity to acquire right- of-way when there is a subdivision. The Frees have agreed to give the City 17 feet of ROW on the east side of their property in order to bring Seamans Drive up to the standard for city streets. That will not adversely affect the size of the proposed lots or the buildable area. The northerly portion of the existing lot has a lot of wetland on it. It has been delineated wetland pursuant to the Wetland Conservation Act (WCA). The driveway encroaches into the wetland. The existing garage extends into 35-foot buffer that is required under the WCA and under the City’s Zoning Code. The existing home was constructed prior to the adoption of the WCA. Therefore, it is an existing condition. The City gets an easement over the wetland and buffer area. The easement will exempt those existing features. The southerly lot is quite buildable. The subdivision will not require any tree removal. Therefore, tree preservation and reforestation will be addressed with any building permits for the southerly lot. Nielsen noted that based on the analysis of this case Staff recommends approval of the minor subdivision subject to the following. 1. The applicants’ surveyor must revise the legal description for the conservation easement to include the 35-foot buffer. 2. The applicants’ attorney must provide deeds for the following: A. The (revised) wetland conservation easement. B. The additional 17 feet of ROW for Seamans Drive C. Drainage and utility easements (10 feet) are required around the southerly lot. On the northerly lot they need only extend along the southerly boundary and easterly boundary up to where the conservation easement is. 3. The applicants’ attorney must submit an up-to-date title opinion for the property for review by the City Attorney. 4. The applicants’ surveyor must stake the 35-foot wetland buffer and show the location of the stakes on the survey. 5. The previous four items must be completed within 30 days, after which the request will be scheduled for City Council review. 6. Prior to release of a resolution approving the subdivision, the applicants must pay a park dedication fee of $5000 and a local sanitary sewer access charge of $1200 for the new lot. Credit is given for the lot with the house on it. 7. After the applicants receive the Council resolution approving the request, they must record it with Hennepin County within 30 days or the approval is void. Nielsen stated if there is any problem with completing Items 1 – 4 above within 30 days the applicants must request an extension from the City before the 30 days is up. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 3 of 10 Nielsen noted Lori Free is present this evening. Commissioner Garelick asked Ms. Free if their intent is to build a house on the southerly property or to sell it. Ms. Free stated at this time they are considering building a small house on the lot. Commissioner Davis asked how much buildable space would be left on the northerly lot once the buffer is factored out. Director Nielsen responded it would be close to 40,000 square feet. Director Nielsen explained there are two different kinds of wetland provisions in the City Ordinance. One is for when it is a City-designated wetland. The City did a map in the early 1970s and anything on that map is subtracted from lot area. The lot would have to have 40,000 square feet exclusive of the wetland area. With WCA designated wetlands they are not subtracted from the lot area but the City does look at buildability to make sure there is ample room to build a house. Chair Geng asked if any part of the ROW will extend into the northerly property. Director Nielsen stated it is shown to the northerly edge of the southerly lot. Geng moved, Davis seconded, recommending approval of a minor subdivision for Lori and Dave Lee, 5885 Seamans Drive, subject to the conditions listed in the staff report. Motion passed 6/0. 3. MINOR SUBDIVISION Applicant: Joan Whetston Location: 26040 Smithtown Lane Director Nielsen explained Joan Whetston owns the property located at 26040 Smithtown Lane. Ms. Whetston proposes to subdivide the lot into two building sites. The property is zoned R-1C, Single- Family Residential. It is occupied by Ms. Whetston’s home and detached garage. The property currently contains 50,434 feet of area. The proposed lots will be 30,422 square feet and 20,012 square feet in area. The R1-C district requires 20,000 square foot lots. Nielsen reviewed some interesting history relative to the subject property. The easterly 33 feet of the property consists of road right-of-way (ROW) that was vacated when Smithtown Road was straightened years ago. The area was platted as was the old cul-de-sac years ago. It did not show up when the City went to do a road improvement along Smithtown Lane so the City acquired basically a whole new circle in that location. Nielsen explained both lots satisfy the minimum requirements of the R1-C district with regard to size and width. The new lot line between the two lots has a slight westerly deflection in order to achieve the 20,000 square foot area requirement. Ordinarily the City does not recommend any gerrymandering of lot lines. However, since the deflection is quite slight, it does not adversely affect buildable area or disrupt the open space created by side yard setbacks. Nielsen noted that based on the analysis of this case Staff recommends approval of the minor subdivision subject to the following. 1. The applicant must provide legal descriptions for the proposed lots. (Those were received earlier in the day.) CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 4 of 10 2. The applicant must provide legal descriptions and deeds for drainage and utility easements, 10 feet on each side of each lot line. 3. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 4. If the applicant proposes that the new lot will share the existing driveway serving the property to the east, a driveway easement/maintenance agreement must be recorded with the division. 5. Items 1-4 must be submitted prior to the request being scheduled for City Council review, but no later than 30 days. 6. Prior to release of the resolution approving the request, the applicants must pay a park dedication fee of $5000 and a local sanitary sewer access charge of $1200. Credit has been given for the lot with the existing house on it. 7. Since the minor subdivision itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits are applied for. Nielsen noted that Ms. Whetston is present this evening. Commissioner Garelick asked if Ms. Whetston has been able to put a value on the proposed new lot. Ms. Whetston responded she does not know. Director Nielsen clarified that is not necessary for the subdivision approval process. Davis moved, Maddy seconded, recommending approval of a minor subdivision for Joan Whetston, 26040 Smithtown Lane, subject to the conditions listed in the staff report. Motion passed 6/0. 4. DISCUSSION  Trail Implementation Process Director Nielsen stated that Staff continues to refine a revision to the Trail Implementation Process found in the Shorewood Trail Implementation Study based on the actual process used for the County Road 19 sidewalk project and the Smithtown Road west sidewalk project. Construction on both projects start in June. Nielsen explained when the trail walk was originally included in the process its intent was to get residents to come out and talk to the Planning Commissioners. Not many residents came out to say anything for the Smithtown Road west sidewalk project. The Commission did find value in doing the walk because it could see the characteristics of the route along the way. The Commission realized the benefits of having an informal open house at the Minnewashta Elementary School about the project as part of the trail planning process. Nielsen stated the copy of the Trail Implementation Process dated March 29, 2013, has significantly more steps than the process included in the Trail Implementation Plan. The steps in bold indicate Planning Commission or Council action is required. He noted that he will put the process into a flowchart format prior to the next Planning Commission meeting. He read through the steps in the process. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 5 of 10 Trail Implementation Process Planning Commission recommendation to Council re trail segment for following year (In  this case for Galpin Lake Road and Mill Street for 2014 which are next on the priorities list in the Trail Implementation Study.) Council authorizes preparation of the survey and feasibility report (This has not been done  th for the 2014 potential projects. Council will consider that during its May 28 meeting. The City has received a grant to cover part of the Mill Street feasibility study. Excelsior is going to conduct a feasibility study for its share of the trail but is not sure if it will build a segment of the trail. Shorewood’s part of the trail would connect with Chanhassen’s trail system. The engineers recommend conducting the survey prior to doing the feasibility study so the study is more accurate.) Survey (30 days) – May (That will take place in June for the two 2014 segments.)  Feasibility Report (30 days) – June (It may be possible for that to be done by early to mid-July for  2014 projects) Planning Commission review of feasibility report and trail walk – July (For 2014 projects  late July or early August.) Planning Commission recommendation to Council re the feasibility report (The feasibility  report will make a recommendation on the logical location. It will most likely be on the east side for Mill Street. The Commission will make a recommendation on the width and type of trail. The Trail Implementation Plan indicates the standard trail will be six feet wide and the surface would normally be bituminous. Chanhassen’s trails are 8 – 10 feet wide and have a bituminous surface.) Council approves the feasibility report  Planning Commission holds neighborhood meeting (open house)  Council awards of land acquisition services and authorizes preparation of plans and  specifications Preparation of plans and specifications (90 days which is pretty tight)  Land acquisition process (start approximately mid-way through plans and specifications)  Complete parcel descriptions and legal descriptions o Review proposed easements with staff/city attorney o Letters to property owners regarding survey staking o Field stake proposed easements for the appraiser/right-of-way agent (It’s anticipated that o easements will not be needed for the 2014 projects.) Easement viewing – parcel owner and right-of-way agent on site o Appraisal information o Appraisal review o Council considers resolution to authorize staff to make offers and create an eminent o domain schedule (If there appears to any issues with obtaining easements the eminent domain schedule is started. It is a 90-day quick-take process that takes 120 days.) Prepare and deliver offers to parcel owners for the easements o Neighborhood informational meeting (To provide residents with details not available during the  first open house and to get information.) CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 6 of 10 Begin eminent domain action if need be (For the Smithtown Road west project that will start the  end of May. There are three willing property owners out of five. There is one property in foreclosure. There is one property owner that is questionable because he thinks he should get more money for his trees.) Council approves plans and specifications and authorizes advertisement for bids  Receive bids for construction  Council awards construction contract  Neighborhood preconstruction meeting  City takes possession of easements/letter of compliance by either purchase or eminent domain  Groundbreaking ceremony  Begin construction (June of the year following when the projects were first started)  Construction substantially complete (end of summer early fall)  Ribbon cutting ceremony  Restoration complete (ideally the year of construction but possibly the following spring)  Nielsen stated this new process should be adopted into the Trail Implementation Plan. Commissioner Davis stated many years ago when the City considered a trail along Smithtown Road near the elementary school there was brouhaha about it. She asked if the change in heart is because the properties in the area have changed hands. Director Nielsen stated there has been some change in ownership, noting there is more support for trails/sidewalks in general. The City was more specific about the route this time. He thought that the more residents know the more accepting they might be. Staff has met with some of the owners about the questions or concerns since the open house meetings for the Smithtown Road west sidewalk project. It was helpful that the City of Victoria built a sidewalk/trail and the residents had something to look at. Commissioner Davis asked how many people attended the second open house for the Smithtown Road west sidewalk project. Director Nielsen responded maybe a dozen. Director Nielsen stated that earlier on in the Smithtown Road west sidewalk project it was estimated that the City would need easements from 13 property owners. The number was reduced to 5. Commissioner Davis asked what the City is paying for the easements. Director Nielsen stated it varies. The most expensive he saw was for $12,400 and most of that was for tree loss. th Director Nielsen stated a groundbreaking ceremony is tentatively scheduled for June 10 for both the County Road 19 sidewalk/trail and the Smithtown Road west sidewalk. Commissioner Davis asked how long it will take to construct the County Road 19 sidewalk. Director Nielsen stated he is not sure but he thought it would take roughly a month. Commissioner Maddy asked what city the County Road 19 sidewalk/trail will be located in. Director Nielsen responded Shorewood. Maddy then asked who will be responsible for maintenance and snow removal of the Smithtown Road west sidewalk. Nielsen said the City will be. Commissioner Labadie asked who does the survey for the trail projects. Is it someone on City staff or is it CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 7 of 10 contracted out? Director Nielsen explained the engineering firm the City uses, WSB & Associates, does that work. WSB also does the plans. Commissioner Davis asked Director Nielsen when the next trail walk will be. Director Nielsen stated maybe before the Planning Commission’s August meeting and noted that the walk for both the Galpin Lake Road and Mill Street trail may occur that evening. There was Planning Commission consensus that the Trail Implementation Process could be sent to Council.  Zoning Code – Wind Generators Director Nielsen stated when the Planning Commission reviewed the General Provisions section of the Zoning code in 2012 it identified wind generators (wind mills, wind turbines, etc.) as an item for future study. The City Ordinance does not address wind generators other than through some height and use requirements. The City has received a few inquiries about them. When the Commission’s 2013 work program was reviewed with Council it suggested that solar be addressed as well. Nielsen then stated that the City of Orono received a permit request from a property owner about putting up a wind generator. Orono’s Ordinance did not address that so staff decided not to review the permit. That property owner sued Orono because it would not consider it. The last he heard Orono was told to at least consider the request. Nielsen explained the City’s Ordinance has a catchall provision that the City Attorney believes protects the City against the type of lawsuit Orono is in. The City’s Ordinance states if something is not specifically allowed then it is specifically prohibited. If someone were to apply for a permit for a wind generator and it is not among the uses that are listed as a permitted use, an accessory use or conditional use then it is prohibited unless the Ordinance is amended. He noted that from his vantage point he thought the Ordinance should specifically address wind generators one way or the other. Nielsen stated other cities have adopted wind generator ordinances. He commented there is a tremendous amount of information on them on the internet. He stated wind generators tend to be allowed in areas where there is a lot of rural land. The more urban a city is the less they are allowed. He noted there are some styles of wind generators that may work in an urban area. He stated a person who asked staff about wind generators told staff about a vertical wind turbine. From his vantage point they are not as obtrusive as the propeller type. Vertical wind turbines might be something the City would allow with certain requirements if they are to be allowed at all. Nielsen explained the website www.windturbinesnow.com has a lot of good information on it. There is a lot of background information and information about issues. He noted there is a large wind generator in the downtown area of the City of Maple Grove. He explained the meeting packet contains copies of information from that website about advantages or disadvantages of wind energy, residential wind turbines, horizontal axis wind turbines, vertical axis wind turbines, cylindrical and conical wind turbines, and rooftop wind turbines. Commissioner Davis suggested having someone come and talk to the Planning Commission about wind turbines. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 8 of 10 Chair Geng suggested considering having a public forum on wind turbines. He stated he did not think there is a sense of urgency about this topic. He indicated that he thought it behooves the Planning Commission to make an informed recommendation about wind turbines. Involving the residents would provide them the opportunity to learn about them. Director Nielsen asked Chair Geng and Commissioner Davis if they were thinking about a panel discussion. Chair Geng stated he thought that would be wonderful particularly if the panel would have people with opposing viewpoints. Chair Geng suggested consideration be given to doing something jointly with the other South Lake area cities and having it at the Southshore Community Center. Commissioner Davis stated during the planning and zoning training session in January one of the participants from the City of Deephaven indicated they were starting to talk about wind turbines. Geng stated it would be a great opportunity to get dialogue going between the cities. Commissioner Garelick stated with the advent of new technology come scammers. He explained there was a company in the City of Excelsior that was selling turbines to people. All of a sudden it was gone. Commissioner Charbonnet stated the allegation was it was selling the product and not delivering it or not finishing the installation. Chair Geng stated he does not know what the benefits of wind generation are relative to solar generation. He suggested broadening it to alternative energy study (both wind and solar). Director Nielsen stated solar is not as complicated because there are no moving parts. It does not need to be as high. What makes wind turbines work best is to get them high into the wind. Director Nielsen stated he would prepare a matrix of what other cities do and don’t allow for the next Planning Commission meeting. He asked the Commission to give some thought as to whom it would like to have sit on a panel of experts and he will do the same. He stated he will talk to the other South Lake area cities and the Cities of Chanhassen and Minnetrista about participating in a forum. Chair Geng stated from his vantage point Chanhassen and Minnetrista are a little different because they have a lot larger lots. Chair Geng stated it may be helpful to have an academic on the panel. Commissioner Charbonnet stated he knows a couple of potential panelists. He has a client that is a wind farm developer albeit large scale stuff. He knows a person who is working on technology to help capture the maximum amount of wind. He noted he will ask them both if they would be interested in being a panelist. Director Nielsen suggested limiting the panel discussion to wind turbines. He questioned if there is a need to have a separate panel for solar, noting he does think it should be included in the study. He commented that part of the reason solar hasn’t taken off quickly is it doesn’t pay for itself fast enough. 5. 2013 WORK PROGRAM Director Nielsen stated the Planning Commission’s 2013 work program still needs to be tweaked. He noted the items have been extended out a month because he could not make it to the April Commission meeting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 9 of 10 Nielsen reviewed the status of the items in the program. • Update Trail Implementation Process – it should be completed in May • Zoning Code Study / General Provisions – this should be wrapped up in June • Noise Ordinance – he will draft an ordinance for the June meeting • Smithtown Crossing – What is next? – discuss in June • Trail Plan / Galpin Lake Road Trail – the recommendation for a survey and feasibility study will th go before Council during its May 28 meeting • Trail Plan / Mill Street Trail – the recommendation for a survey and feasibility study will go th before Council during its May 28 meeting • Zoning Code Study / Zoning Permits – fences, temporary signs and patio/sidewalks still need to be done • Zoning Code Study / Life Cycle Housing (housing for people over 55) – to be discussed during the June meeting • Comprehensive Plan / Revisit Planning District 6 (basically the easterly end of County Road 19 in Shorewood) • Annual Variance Discussion – September • Comprehensive Plan / Policies Relating to Variances and Nonconformities – start discussion in September • Zoning Code Study / Residential Districts – start discussion in August • Sustainability / Minnesota GreenStep – no timeframe 6. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 7. OLD BUSINESS / NEW BUSINESS Chair Geng asked what happened with the zoning permit proposal. Director Nielsen responded Council approved it with the exception of fences, temporary signs and patio/sidewalks. Council will consider the th fee schedule during its May 28 meeting. Commissioner Davis stated the property at the intersection Smithtown Road and Eureka Road has two ice houses and a tent for a boat on it. She then stated a former park commissioner who had once lived on that property had told her that the house was actually in the railroad right-of-way. Director Nielsen stated the City has had problems with people who have lived on that property in the past. Chair Geng asked what is happening with All American Recreation. Director Nielsen noted that property is actually located in the City of Tonka Bay. Nielsen explained the City is involved in a small dispute with respect to the property. A person is trying to buy it. More than 30 years ago the then property owner bought a little strip of land from the railroad when it was still railroad right-of-way. That division and combination was never approved by Shorewood. It has no property identification number. He has been asked to allow the transfer of that property. It was an illegal subdivision because the City did not approve it. He has told people they need to go through the minor subdivision process. Geng stated there was an article published in the Star Tribune a few weeks ago about park dedication fees. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 7, 2013 Page 10 of 10 Director Nielsen stated from his perspective the City’s park dedication fee is reasonable. In the 1980’s it was high when compared to other cities’ fees. They have since caught up or surpassed the City’s. He explained that the rule of thumb has been that cities can charge up to10 percent of the value of the raw land. About 2 – 3 years ago the City increased its fee from $2,000 per lot to $5,000 per lot. From his vantage point the $5,000 rate the fee is still reasonable. Chair Geng stated in the article most of the pushback was from commercial developers. Commissioner Davis stated she was on the Park Commission when the fee was raised from $1,200 to $2,000. She then stated the City has a disproportional park surface based on the size of the community. 8. DRAFT NEXT MEETING AGENDA Chair Geng stated the next Planning Commission meeting is scheduled for June 4, 2013. Director Nielsen stated there are no applications as of yet to be considered during that meeting. The meeting will focus on the work program items talked about earlier that he said would be discussed during the June meeting [general provisions, noise ordinance, what’s next with the Smithtown Crossing, and housing for people 55 and over]. 9. REPORTS • Liaison to Council None. • SLUC None. • Other None. 10. ADJOURNMENT Davis moved, Charbonnet seconded, Adjourning the Planning Commission Meeting of May 7, 2013, at 8:38 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder