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PC-04-01-14 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, APRIL 1, 2014 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 Davis, Maddy and Muehlberg; and Planning Director Nielsen Absent: Commissioner Labadie APPROVAL OF AGENDA Maddy moved, Davis seconded, approving the agenda for April 1, 2014, as presented. Motion passed 4/0. APPROVAL OF MINUTES  March 4, 2014 Commissioner Davis stated she thought the recording secretary did an excellent job with the minutes. It was a lot to transcribe. Davis moved, Maddy seconded, approving the approving the Planning Commission Meeting Minutes of March 4, 2014, as presented. Motion passed 4/0. 1. MINOR SUBDIVISION AND COMBINATION Applicant: Janie Korin Location: 6135 Cathcart Drive Chair Geng noted that Janie Korin, 6135 Cathcart drive, proposes to subdivide her and her husband’s property and has submitted an application to do so. Chair Geng noted that if the Planning Commission makes a recommendation this evening this item will go before the City Council on April 28, 2014. Director Nielsen explained the property is located in the R-1A, Single-Family Residential zoning district and contains approximately five acres. The applicant’s house is located on the south side of the lot. The applicant proposes to divide the property into two lots. Both of the lots would significantly exceed the minimum lot size (40,000 square feet) of the R-1A zoning district. The lot with the house on it would be 87,106 square feet. The vacant lot would be 113,335 square feet with a large amount of it being occupied by a wetland area. After reviewing the initial plan staff asked the applicant to move the proposed lot line farther to the south to allow some access from Cathcart Drive to the northerly lot and to increase the size of the buildable area on the northerly lot. The survey provides for dedication of an additional 33 feet of public right-of-way (ROW) along Cathcart Drive (a substandard roadway). The applicant’s surveyor also included drainage and utility easements and conservation easements as required by the Subdivision Code. The wetland delineation for the property was done in 2004. The Minnehaha Creek Watershed District does not accept CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 2 of 11 delineations older than five years. Therefore, the applicant has to do a verification of the delineation in May. The applicant will have to pay a $5,000 park dedication fee and $1,200 local sanitary sewer access charge for the new lot. Nielsen noted that staff recommends approval of the minor subdivision contingent upon verification of the wetland delineation as shown on the survey. In response to a question from Commissioner Davis, Director Nielsen explained the access to the new lot would come in along the south edge of the wetland and noted that the driveway can encroach into the wetland buffer under the City Code. Davis noted that she saw a for sale sign for the existing house. Steve Korin, one of the owners of the property, stated the size of the wetland is smaller than what is shown on the graphic on the screen. He then stated the wetland area is about one quarter of the lot. He noted the surveyor and the delineator are different people. Mr. Korin read a note from the delineator. “As noted in the report the topography slopes downward towards the north and it appears that the area drains northward. A long driveway that appears relatively recently built was observed along the northern edge of the parcel. It is likely that this driveway may have cut off the normal drainage patterns that existed prior to the construction of this road. It appears that more wetland is on the parcel now compared to before the driveway was constructed. For this reason the basins identified were marked as questionable basins rather than wetland.” He asked that be taken into the consideration. The City did allow that driveway to be built. Davis moved, Maddy seconded, recommending approval of the minor subdivision for Janie Korin, 6135 Cathcart Drive, subject to verification of the wetland delineation being made current per the Minnehaha Creek Watershed District’s regulations, and the Resolution approving the division being recorded within 30 days of the date of certification. Motion passed 4/0. 2. PUBLIC HEARING – SUMMIT WOODS PUD – DEVELOPMENT STAGE (continued from March 4, 2014) Applicant: Homestead Partners Location: 23040 Summit Avenue Chair Geng opened the Public Hearing at 7:11 P.M. for the Summit Woods planned unit development (PUD) Development Stage plans and noted that it was a continuation from March 4, 2014. He explained during that meeting the Planning Commission heard at great length from Director Nielsen and the developer. The Commission then took public testimony. Quite a few comments were made. The Commissioners discussed the application and they decided they wanted to see more detail about the grading plan. The Commission voted to continue the public hearing of the Development Stage plans to this meeting to allow the developer time to address some of the items in the grading plan. The intent this evening is for the Commission to conclude its consideration and hopefully make a recommendation to the City Council. Director Nielsen explained the Development Stage phase of the PUD approval process is the nuts and bolts phase. For the Final Plan Stage, which is yet to come, all of the conditions of approval are either incorporated into final construction drawings in the final plans or things such as setbacks on lots get incorporated into a development agreement between the City and the developer. He noted that the developer has done all of the things staff has asked of them. They have elaborated on the grading plan which was the reason for continuing the public hearing at the last meeting. He then explained people wanted more specifics about how the water was going to be moved to the east. The revised preliminary grading and erosion control plan show that. He displayed a copy of that revised plan. All of the drainage from this project will go to the east. It is taken to the front yards which are CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 3 of 11 depressed. It then flows into the side yards and ultimately into the rain gardens that will be located on the back of each of the proposed new lots. There is a small discharge pipe from each of the rain gardens with a vegetated mat versus rip rap at the bottom of the pipe to avoid erosion that might occur. The grading plan will be incorporated into the final construction drawings. The details about how the rain gardens will be maintained will be made an exhibit to the development agreement. The development agreement will be recorded against each lot so that each property owner knows it is a rain garden and it must be maintained as such. There will be criteria for doing that. He stated that in his previous staff report he had noted that one of the lots was a little less than 70 feet wide. That has been increased on both the preliminary site plan and the preliminary plat. The items in the City Engineer’s report are to be incorporated into the final construction drawings. Chair Geng stated based on the revisions made to the Development Stage plans since the Planning Commission’s March 4, 2014 meeting, he asked the Commissioners if they are comfortable with the Development Stage plans. In response to a question from Commissioner Maddy, Director Nielsen explained that for the last meeting the easement was titled Tree Conservation Easement and the City just calls it Conservation Easement. Staff had asked for that to be corrected. That document will be an exhibit to the development agreement that goes with the Final Plan Stage plans. In response to another question, Nielsen explained that the only thing that people can do within the conservation easement is remove dead or dying trees that are a hazard, and remove buckthorn. Chair Geng stated because revisions have been made to the grading plan he thought it would be appropriate to take public comment specific to the grading plan. Chair Geng opened the Public Testimony portion of the Public Hearing at 7:19 P.M. Alex Petrosian, 850 Saddlebrook Pass, Chanhassen, stated he owns the property located at 23130 Summit Avenue which is next to the PUD site. He asked how a person can tell the drainage will flow the way Director Nielsen stated it would. Director Nielsen explained the contours show that on the grading plan. The front yards are depressed. As the properties go back to the east the ground gets lower. The previous grading plan did not show how the contours were changed to make that happen. He noted that he added the arrows to the grading plan to make it simple to see how the water will leave the site. Mr. Petrosian asked if he could have a copy of the plan with degrees on it. Nielsen stated he would get him a copy of the underlying plan. Mr. Petrosian noted that during the March 4, 2014, meeting he asked a number of questions about topics other than water drainage. For example, he asked about water connectivity and where the sanitary sewer system will located. He noted that he has a sanitary sewer line going through his property next to the subject site down the hill. Director Nielsen stated based on the utility plan it appears that the sanitary sewer line for the PUD is an extension of the sewer line under Hummingbird Road. Mr. Petrosian stated it’s his understanding that each property will have its own well. Nielsen confirmed that. Mr. Petrosian asked about the soil test that was to be done. Director Nielsen noted that was discussed during the March 4 public hearing. A test was done and there was no perched water table found. Pete Knaeble, with Terra Engineering which is the engineer for the project, stated the sanitary sewer system exists under Summit Avenue and it flows to the north and down to the west on the hill. There is one existing service that serves the existing house that will be reused. Three additional sanitary sewer services will have to be provided. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 4 of 11 Mr. Petrosian asked if a traffic study has been done. Director Nielsen responded no. Mr. Petrosian asked if there are plans to do that. Nielsen responded no and explained that the City Engineer looked at it and determined that the road was capable of handling the one additional lot. Mr. Petrosian indicated he was not satisfied that was the answer. Elizabeth Birkland Daub, 6180 Murray Hill Road, Shorewood, read the following and submitted it. The t-bone intersection at the corner of Murray Hill Road and Summit Avenue has a history of flooding. Our home is adjacent to the intersection at the lowest point in the neighborhood. In 2006 and 2007 stormwater caused significant damage to electronics, carpet, slate floors, infloor heating system, furniture, irreplaceable family photos and personal treasures. The City of Shorewood’s efforts to sand-bag the water entry point and placement of a plastic barrier was ineffective. In May 2011 a portion of Murray Hill Road from Summit Avenue to Chaska Road was rebuilt. Storm drains were installed. The cost to the City of Shorewood was in excess of $250,000. I interviewed several long- standing residents of Murray Hill Road. They agree that the water troubles started when the area south of our home on Murray Hill Road was developed. Too many hard surfaces destroyed the natural water drainage. Ms. Daub displayed a picture of a map. Ms. Daub stated she has a colleague and a friend who is an international architect. That person came and looked at the property and the development. She submitted a list of her friend’s thoughts about the repercussions that could occur if the property above is developed. The list is as follows. 1. Removal of existing vegetation: can cause unstable land above. The existing vegetation is the ‘glue’ that is holding all of the land together above. Removal of existing vegetation can cause erosion and in the worst case landslides. An example is the recent landslide in Oso, Washington, where the forest above was most likely heavily harvested in past years. Construction should be carefully planned to avoid mass clearing of the site, clearing only areas of the site needed for construction. Unused areas of the site should remain with existing vegetation. Refer to USGBC (United States Green Building Council) reference standards for limits of construction around roadways and building pads. Erosion control measures must be put in place and maintained throughout construction, and the site must be landscaped immediately upon completion of construction. Newly planted landscaping must be adequately sized and mature to address site stabilization. 2. Increased water speed due to hardscaped areas: rainwater and run off will flow faster on paved and hardscaped areas than on vegetated areas. This will increase the possibility of erosion and can overtax the absorption limit of surrounding landscaped areas. The design must prove that it has addressed rainwater and runoff issues within the limits of their own site boundary. Additional water should not be allowed to run onto adjacent properties. 3. Stormwater quality and quantity. As stated above the hardscaped areas will reduce the amount of available area for stormwater to be absorbed naturally into the site. The design must show that the quantity of water created by new hardscape will be addressed within the limits of the site. The water must be treated on site to predevelopment conditions prior to being released to any off site regional system. Silt and water pollution must not be released into any neighboring wetland, streams, lakes or adjacent properties. 4. Maintenance of stormwater systems: the development must ensure that any stormwater system (rain gardens?) is maintained throughout the life of the project. Individual ownership of properties does not ensure that a stormwater system serving multiple properties will be maintained. The development should set up covenants to ensure resources are available for these systems. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 5 of 11 Ms. Daub noted her friend that wrote grew up on the west coast across from Oso. She stated there is looming evidence about the tragic land slide. She thanked everyone for their patience about this PUD. She then stated people want responsible, rigorous, conscientious, long-term based development. She noted there was never stormwater flowing down Murray Hill Road until the hard surfaces were put in above. She stated that as a very concerned person who has had a lot of hardship because of stormwater issues she requested there be a site by site study done. With regard to the rain gardens she asked what that really means and what the developer’s responsibility is. She stated the last time there was discussion about tying into the City of Chanhassen’s drainage system and people were told the City of Shorewood did not have money to do that. She questioned if people have the conscience to move forward with the PUD without doing that. She asked if the developer can provide the money to do that. There are serious problems with water. She commented that she was not going to rehash all of the things about safety and the absolutely inadequate road called Summit Avenue. She stated as a community they are here to demand really rigorous development standards. She then stated from her perspective the number of houses proposed in the PUD will destroy the natural drainage of Summit Avenue. She related that her friend asked about what will happen to the wetland and to the oil and dirt and erosion. She asked what happens to Galpin Lake Road because of the water flowing to the south. She recommended there be a covenant for each of the properties in the PUD. Ms. Daub asked people to look at their own ideals and future generations when considering this PUD. Chair Geng noted that the two handouts submitted by Ms. Daub will be made part of the record. Sondra Traylor, 23115 Summit Avenue, Shorewood, thanked the Planning Commission for continuing the public hearing. She asked what the arrows are on Hummingbird Road and Summit Avenue. Director Nielsen responded they are existing drainage lines. Ms. Traylor asked if a plan for traffic has been proposed. Chair Geng clarified that is not part of the Commission’s consideration this evening. Ms. Traylor asked at what point it will be. Geng stated that is up to the City and noted Summit Avenue is clearly substandard. The City will need to address that roadway at some point. Ms. Traylor asked if residents would find out about the plans before any construction will start. Geng clarified there is no plan to address it at this time. Ms. Traylor stated it’s her recollection that during the last hearing a comment was made about allowing the developer to work seven days a week. She asked if that had been approved. Director Nielsen clarified there was never a proposal to do that and it was never approved. Nielsen explained the City’s construction hours are 7:00 A.M. – 7:00 P.M. Monday through Friday and 8:00 A.M. – 6:00 P.M. on Saturday. In certain instances construction on Sunday has been allowed but there is no mass grading that would necessitate that on this property. Construction on Sunday is not anticipated. Ms. Traylor expressed her desire for the City not to let that happen. Ms. Traylor stated she thought water and traffic safety are the residents biggest issues. She then stated she lives directly across from the site. Her mailbox and some of her neighbors are located across the road where Summit Avenue will be widened. The mail delivery person will not deliver the mail if there is snow in front of the mailboxes. She has observed that in both Shorewood and Chanhassen the snow plow drives only plow the width of the plow blade. If the roadway is widened 5 – 7 feet and the roadway is still only plowed the width of the plow blade it will not be possible to get to the mailboxes. Director Nielsen clarified the City plows the paved surface of the roadway. If the paved surface is widened the City plows a wider area. Mail boxes will have the same proximity to the paved surface as they do today. Ms. Traylor asked that the City plow the entire paved surface after it is widened. Ms. Traylor noted she is still strongly against the driveways around the corner because she thinks they are unsafe. She hopes she will be able to convey that when these Development Stage plans are considered by Council. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 6 of 11 Mr. Knaeble stated he wants to address three issues of concern for Ms. Daub – the rain garden covenants, the comments about Chanhassen’s drainage system, and the request for a rigorous study of the drainage system. He explained they are proposing covenants for the rain gardens that will be recorded against all of the properties. A draft of that restrictive covenant had been presented to City staff for review with the first submittal of information. Ongoing owners of the properties will be made aware of what the rain gardens are about and how to maintain them. The covenants will give the City a means to enforce maintenance of them. He clarified that Chanhassen does not have any stormwater system at the top of the hill near the PUD site. He explained that during the March 4 hearing a possible connection to Chanhassen’s municipal water system had been touched upon. It was not feasible to do that. With regard to the drainage system and issues, earlier on they heard that stormwater was an issue. Mr. Knaeble stated the firm he works for has looked into stormwater management. The owner and developer of the project hired an outside stormwater consultant; Civil Site Group from St. Louis Park. That firm specializes in stormwater modeling and stormwater reports. That firm issued about a 120 page stormwater modeling report. That was presented to staff for review. That is what the grading and erosion plan was designed around. He noted that is the most rigorous stormwater study his firm has seen on a project of this small size in many years. They believe stormwater has been rigorously studied. He explained projects have to comply with Minnesota Pollution Control Agency (MPCA) standards, Minnehaha Creek Watershed District (MCWD) standards, and Shorewood and Chanhassen standards. The project’s stormwater modeling shows the design plan will exceed all standards. Director Nielsen clarified that individual site plans are done. When the City receives building permits the drainage is reviewed for consistency with the overall site plan. Ms. Traylor expressed concern that trees will be planted in the drainage swales between the houses and she finds that unacceptable. She commented that last December a school bus loaded with school children slid on the ice from the Murray Hill area and slid on the ice on Galpin Lake Road. Other vehicles had to go to pick up the children and bring them home. There is great concern about water flowing from Murray Hill bluff onto Galpin Lake Road. She stated the trees look like they will get in the way of proper drainage. She then stated that those who drive on Summit Avenue, Mayflower Road and Galpin Lake Road have concern that additional water from the PUD site onto the roadways will make them icier. On the north side where Mayflower Road is vehicles have a hard time stopping at the stop sign at the intersection of Mayflower Road and Galpin Lake Road because of significant ice buildup. On the north side there is not much sun because of the bluff so there is a tendency to have snow melt and then refreeze. She asked if the proposed contours are adequate enough to make sure that not another drop of water will flow onto the roadways. She then asked for the Planning Commission’s help in verifying there will not be any adverse effects on traffic because of the PUD. Mr. Knaeble noted they do intend on planting trees between the houses. He explained for projects like this the houses get built and the site grading is done after that to meet the contours shown on the grading plan. The surveyor shoots them to make sure they match the proposed grading plan. The City requires an as- built grading plan be done. After all of that is done and signed off on the trees are planted. The trees will not be an impediment to the drainage. The landscape plan was designed to help the drainage because tree roots tend to hold the drainage areas in place. They are an element of the drainage system and they are planted after the contours are done per the grading plan. Mr. Petrosian asked if the MPCA and MCWD have signed off on the plans. Mr. Knaeble explained the permits from the MPCA, the MCWD, and the Cities of Chanhassen and Shorewood are obtained concurrently while the construction plans are being done. They are all done prior to getting a permit. Construction will not be started until the drainage permits are obtained. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 7 of 11 Jeff Shoenwetter, with JMS Custom Homes and the builder for Homestead Partners, stated the mail boxes for their project will all match. Summit Avenue will be widened along the project area as part of the plan. The plowed surface will get widened as well. He explained that after the March 4 public hearing he became very concerned because residents had stated there is a blind corner and lack of safety there. He and his wife drove out to the area in their smaller car on a Sunday and they did not find it to be a blind corner. He has driven it in both directions and he knows staff has been out there as well as the developer’s engineers. He believes it is a very safe corner. There is more visibility from a traffic and vehicular standpoint. From a safety standpoint the sight lines exceed any engineering requirements. There is more than 150 feet of visibility. He stated JMS has been building homes for 28 years. The houses JMS will build on the site will be wonderful, thoughtfully designed, and award winning. They hope the PUD will be considered a beautiful addition to Shorewood. That is why JMS works so hard with its engineers, site planners, architects and consulting engineers on things like drainage. They want it to be a great neighborhood when they are done. He then stated he is aware there were ice storms this past winter and there are many places where it has been icy. Once Summit Avenue is widened in the area abutting the project site there should be less water ponding and less ice. After careful examination of the grading plan it is probable that there will actually be less stormwater flow onto the paved roadway than there is today. He explained that portions of the PUD site are slightly higher than the roadway today. Rainwater naturally drains to the roadway; it follows gravity. The proposed grading plan depresses front yards and if gravity follows the rules of physics the water will no longer drain from the front yards to the west naturally. The grading plan will establish a grading pattern so that the water drains to the east. He thanked the Planning Commission and staff for their consideration. He noted his staff has been working hard with City staff on this. Staff has been at City Hall on August 19, October 1, November 5, November 25, December 9, January 7, February 4, March 4 and tonight. Ms. Daub stated she hopes she has established credibility with the Planning Commission. She stated that although she does not want to do what she is going to do she challenged the credibility of the builder. There are several judgments. She asked how he has reconciled over $1 million in judgments. She noted her husband is an attorney and he called some of the people that have placed the judgments. Chair Geng told Ms. Daub that where she is going is not appropriate and it does not belong before the City and it is not part of the PUD. Ms. Daub stated it is a shame it is not about credibility. Chair Geng closed the Public Testimony portion of the Public Hearing at 7:56 P.M. Chair Geng stated based on the information provided by staff the Summit Woods PUD Development Stage plans are in compliance. Therefore, he suggested recommending approval of them. Commissioner Maddy stated based on a comment made in the audience he explained it has been his experience that leaves actually helps slow down the flow of organic material. He does not think that will be an issue. He then stated the list of four items submitted by Ms. Daub have been paid attention to. Removal of excess landscaping has already been addressed. Problems with previous developments and hardscapes are rampant. It is unfortunate the type of infrastructure being required for the PUD was not required for developments 20 – 30 years ago because it led to the excess flow down the roadways. He noted the grading plan had two sets of developer engineers approve it and the City Engineer agreed with it. From his vantage point that satisfies him and he is confident the water will flow to the east if plans are adhered to and the outflows from the rain gardens won’t be a problem if the rain gardens are engineered appropriately. Increased water speed due to hardscaped areas will be avoided because of the rain garden on each property. There are a lot of houses on this one peak and it is a challenging site. He is comfortable that the covenants will go with the property. He noted that he thinks everything has been addressed although it may not be to everyone’s liking. He is comfortable with what has been presented because the City Engineer is comfortable with it. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 8 of 11 Commissioner Davis stated the rain gardens are very large. They are almost like retention basins. People will have to take care of them. Commissioner Maddy stated the conservation easement creates a 160 foot buffer zone before the water gets down to the bottom of the hill. Hopefully there will be more roots and infiltration stopping any high rate of water flow. Chair Geng noted that Director Nielsen indicated in the plan for the rain garden the outlets will be buffered in a way that will disperse the water to inhibit erosion. Commissioner Davis stated she thought City Engineer Hornby is very thorough and that she thought he would keep his eye on the ball. She then stated the landscaping cannot go in until the house is built on each property. She encouraged people to pay attention to ensure that the amount and type of trees that are planted are good for the site. She assumes a registered landscape architect will make sure they are positioned properly. Geng moved, Muehlberg seconded, recommending approval of the Summit Woods Planned Unit Development - Development Stage plans. Motion passed 4/0. Chair Geng noted that this PUD will go before the City Council on April 14, 2014. Chair Geng thanked everyone for coming. Chair Geng closed the Public Hearing at 8:02 P.M. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. DISCUSS ATTENDANCE POLICY Director Nielsen stated when the City Council decided to reduce the size of both the Planning and Park Commissions to five commissioners Council also asked the Commissions to assess the current attendance policy. The current policy may be too liberal. He thought the current policy allows a person to miss one- half of the meetings in a year and if a commissioner misses four in a row it could be grounds for removal. He stated he thought Council would like to reduce that. He noted that during the Commission’s March 4, 2014, meeting Commissioner Labadie stated that people do have other things going on in their lives. And, that the policy should not be so restrictive that people would not want to apply to be on the Commissions. He commented that he cannot remember if someone had recommended missing no more than one third of meetings. He noted that Council is seeking input from the Commissioners. Commissioner Davis stated from her perspective missing four meetings is extremely generous. Commissioner Maddy stated no one volunteered to join the Commission and then skip meetings. Commissioner Muehlberg stated he thought having a maximum of four unexcused meetings would be appropriate and noted that his situation changed drastically for a while and could again because of family matters. Director Nielsen stated there will always be circumstances like Commissioner Muehlberg’s. Chair Geng clarified what is being talked about is unexcused absences. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 9 of 11 Commissioner Maddy stated he thought Council should make the call if a commissioner misses more than one third of the meetings. He does not want to kick a valuable member off of the Commission. Chair Geng suggested the Planning Commission continue its current practice of letting Director Nielsen and the other Commissioners know in advance if they will not be able to attend a meeting. He stated it’s important to have a quorum when considering applications. He then stated when a Commissioner has an unavoidable conflict come up that is understandable. He noted that it’s his recollection that the current attendance ordinance includes language about recognizing absences excused by the chair. There was Planning Commission consensus to recommend that if there are more than four unexcused absences Council will make the decision about what to do. 5. OLD BUSINESS / NEW BUSINESS Commissioner Davis stated she heard that staff sent a developer over to talk to Ken Dallman at the American Legion. Director Nielsen stated he has spoken with two or three developers and he usually refers them to representatives of the Legion. Davis stated the Legion plans to sell the vacant lot itself. Nielsen noted he spoke with two developers in the last 30 – 45 days and both have been involved with senior housing. One of them works with a big developer who could potentially bring in some commercial development. He was encouraged by his conservation. In response to a comment from Director Nielsen, Commissioner Davis explained that the person who proposed the bicycle repair shop in the northwest quadrant of the Smithtown Road and County Road 19 intersection is turning that over to someone else. Davis commented she thought that the original person only wanted to be able to have a sign for his vehicle repair business there. Nielsen stated the new person for the bicycle repair shop seems very serious about it. Davis stated she heard that the original car repair guy’s business is strong enough that he does not need the headache of the bicycle repair business. Commissioner Davis stated she forgot to bring the handout about a presentation on Earth Day about trails and walkable cities that will be put on at the Southshore Community Center by the League of Women South Tonka. Director Nielsen stated he had been asked to speak at that but he will be at a Planning Conference so he asked Mayor Zerby to speak in his place. Director Nielsen stated he is trying to get the City back into the Tree Program USA because it may open the door to grant opportunities when it comes to dealing with emerald ash borer diseased trees. Chair Geng stated he had heard that the temperature around the metropolitan area was not cold enough for long enough to have much impact on killing off emerald ash borer. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated he is not sure there are any development applications for the May 6, 2014, meeting agenda. There may be some discussion about study items and housing for people over 55 years old. The City’s density does not work for that. Commissioner Muehlberg stated that over the last few months he has become aware of the lack of facilities for disabled people. Lack of accessibility is an issue. Commissioner Davis explained senior coops are like condominiums yet they are fully accessible. Commissioner Muehlberg stated even at a major clinic it was difficult to find a restroom that would work for a person in a wheel chair. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 10 of 11 Commissioner Davis stated the new coop in the City of Plymouth is high end, well designed and barrier free. Owners have equity in coops and their units appreciate in value. It is very affordable to buy into it and there are common area fees that are not insurmountable. There are also units to rent. Director Nielsen stated he would cook brats for the May meeting. 7. REPORTS • Liaison to Council No report was given. • SLUC Commissioner Davis asked if Planning Commissioners are ever going to go to Sensible Land Use Coalition sessions again. Director Nielsen stated he will forward the last brochure/notice he got. • Other Commissioner Davis noted that she will not be able to attend the June Planning Commission meeting. Commissioner Maddy asked if anyone else received a very long email from an Eden Prairie resident about Boulder Cove. Others acknowledged they had. Director Nielsen gave a brief description about that proposed development in the City of Chanhassen. He highlighted some of the issues Shorewood staff had with what was being proposed and they were conveyed in a letter to Chanhassen from Mayor Zerby. Peter Lehman, 21265 Radisson Road, stated he is considering doing a minor subdivision of his property. He has spoken with Director Nielsen briefly about the project recently and about ten years ago. He asked if it is inappropriate for residents to contact Planning Commissioners. He is not sure what the process should be. Chair Geng stated the best thing to do is work with staff. At some point that application would come before the Planning Commission and he would have an opportunity to speak with the Commission at that time. Geng noted one on one contacts are not encouraged because it goes against the policy of transparency. Mr. Lehman stated that once he gives staff his application and supporting documents he asked if there is a meeting before the Planning Commission meeting. Director Nielsen explained if he had submitted an application today and assuming the application is complete it would be on the first meeting in May; the complete application has to be in by the first Tuesday of one month to be on the agenda the first Tuesday of the following month. Mr. Lehman asked if that is when the Planning Commission first sees the material. Nielsen responded that is correct. Director Nielsen explained staff is required to review the application and let the applicant know within ten days if there is something missing. Beyond that the City has 60 days to act on a request or it can be extended if there is additional information that is required by the Planning Commission. Chair Geng clarified that is a State Statute. CITY OF SHOREWOOD PLANNING COMMISSION MEETING April 1, 2014 Page 11 of 11 Mr. Lehman stated if he had submitted an application today and there was an omission he asked if he would be contacted quickly and still have time to be on the May agenda. Director Nielsen stated if there is a major element probably not. Nielsen recommended coming in a week or two before the first Tuesday of the month to keep things on a shorter schedule. Mr. Lehman asked if there are any particular items the Planning Commission is interested in. Commissioner Maddy responded the Zoning Code. Chair Geng noted that Director Nielsen will help with that; he is very good at working with the residents. Mr. Lehman stated when he was looking at the City’s Comprehensive (Comp) Plan updated in 2009 there appears to be some things in there that are inconsistent with the current City Ordinance. It includes a goal to increase density in an area that is contradictory with how the land is zoned. Where he lives the zoning is R-1A and the density is one house per acre. Yet the Comp Plan has one to two homes per acre. Director Nielsen stated one unit per acre is consistent with the R-1A zoning district. Nielsen stated there are lots east of Mr. Lehman that are smaller and they fit into the two units per acre category and the zoning goes to R-1C from R-1A. Commissioner Muehlberg asked if anything has been brought up about the property located at the corner of Eureka Road and Smithtown Road. He thinks someone may be living in one of the fish houses on the property because he sees someone out there very early in the morning. There are more and more vehicles at that site. Director Nielsen stated he will have the Building Inspector go and do an inspection there. Commissioner Davis stated the tent over a boat collapsed over the winter and it is just wreckage piled up. She noted that a previous renter there had indicated a lot of the stuff is in the railroad easement. 8. ADJOURNMENT Maddy moved, Davis seconded, Adjourning the Planning Commission Meeting of April 1, 2014, at 8:39 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder