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PC-01-06-15 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JANUARY 6, 2015 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Geng; Commissioners Davis, Labadie, Maddy and Muehlberg; Planning Director Nielsen; and Council Liaison Sundberg Absent: None APPROVAL OF AGENDA Davis moved, Maddy seconded, approving the agenda for January 6, 2015, as presented. Motion passed 5/0. APPROVAL OF MINUTES  December 2, 2014 Davis moved, Maddy seconded, approving the approving the Planning Commission Meeting Minutes of December 2, 2014, as presented. Motion passed 5/0. 1. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR FILL IN EXCESS OF 100 CUBIC YARDS Applicant: Jesse Kath Location: 25025 Yellowstone Trail Chair Geng opened the Public Hearing at 7:03 P.M., noting the procedures used in a Public Hearing. He stated this evening the Planning Commission is going to consider a conditional use permit (C.U.P.) for fill in excess of 100 cubic yards for Jesse Kath, 25025 Yellowstone Trail. He explained the Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. They are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. He noted that if the Planning Commission makes a recommendation this evening this item will go before the City Council on January 26, 2015. Director Nielsen explained that Jesse Kath owns the property located at 25025 Yellowstone Trail. The applicant proposes to bring in fill in excess of 100 cubic yards; about 6000 cubic yards. He is in the process of obtaining a C.U.P. to do that per the requirements of the Zoning Code. The property is zoned R-1A/S, Single-Family Residential/Shoreland, and is presently vacant. The lot is buildable but it does have soil issues. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 2 of 14 In 2014, as the result of neighborhood complaints, the City issued a stop work order for fill and grading being conducted on the site without the necessary permits. The owner was directed to remove approximately 1000 cubic yards of material from the site; that has been completed. Mr. Kath has commissioned an engineering firm to prepare a grading plan. The project involves removal of approximately 6000 cubic yards of material and replacing it with the same amount of compacted soil capable of supporting a single-family home. The owner is exploring the possibility of using the excavated material to create a landscape berm along the Highway 7 side of the property, reducing the amount of material that must be removed. Staff favors doing that. He noted that earlier this evening Mr. Kath informed him that they are now proposing to use pilings for the structure rather than removing all of the bad soil and replacing it with compacted soil. There would still be a need for more than 100 cubic yards of fill. The grading plan submitted will still be accurate for the purpose of the C.U.P. He also noted that his original intent going into the meeting was to continue the public hearing. Because a way has been found to eliminate the need to remove all of the material they thought had to be removed and because a berm will not be built, staff is recommending approval of the C.U.P. Mr. Kath is present to answer any questions. Mr. Kath explained the soil tests taken indicate they are not suitable for constructing a traditional style footing house on. He noted his C.U.P. application would cover the worst case scenario should 6000 cubic yards of material have to be removed and replaced. The revised proposal will require the use of 60 pilings. They will be screwed down 20 – 25 feet until they reach hard earth. They will then be attached to the house. That will only require a minimal amount of fill to be brought in for backfill purposes and class 5 rock for a driveway for construction purposes. If the C.U.P. is granted the goal is to submit a building permit application in the next few weeks and hopefully start work before road weight restrictions come into play. If not, construction will begin in May. In response to a question from Commissioner Muehlberg, Director Nielsen explained the pilings are like large screws that will be bored down into the ground until solid ground is reached. Grade beams are then generally poured around them. That becomes the foundation for the house. Chair Geng opened the Public Testimony portion of the Public Hearing at 7:15 P.M. Ann Raymond, who lives next to the subject property, asked if there would be any ramifications of bringing in fill or pilings to the abutting properties. Director Nielsen stated he did not think so and explained screwing pilings in is like operating a drill. He noted that staff does assess the condition of the roadway before the project is started and again after. Any damage caused by the construction vehicles will have to be repaired by the applicant. Mr. Kath explained because the lot size is about 1.25 acres and because of setback requirements the house cannot be constructed closer than 50 feet to the edge of the lot on three sides and 10 feet on the fourth side. The setbacks will be 50 feet on all four sides and therefore none of the proposed grading will be done close to the property line. The grading will be done primarily around the house. He noted that best case scenario is no dirt will be removed from the site. Commissioner Labadie asked Mr. Kath if the concept of using pilings was discussed with his engineer for the project. Mr. Kath noted that he has used pilings on projects before. He also noted that it is very CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 3 of 14 expensive to haul out 6000 cubic yards of dirt. He stated that pilings will outlive everyone in the room and there is about 99 percent certainty that the structure will not shift. Therefore, the pilings option makes more sense. Labadie then asked if Mr. Kath’s engineer has provided an estimate how much fill will have to be brought on to the site for the piling option. Mr. Kath stated a minimum of 1000 cubic yards. Commissioner Davis asked Mr. Kath if the new house will be his home or a spec house. Mr. Kath stated when he bought the property two years ago his intent was for it to be his home but it is now going to be a spec home. Mr. Kath displayed a rendering of the house. He stated he anticipates that the sale price of the property will be around $900,000 after the house is built. The house will have five bedrooms, four baths, and a four car garage and have about 4,400 square feet of finished space. Chair Geng closed the Public Testimony portion of the Public Hearing at 7:20 P.M. Chair Geng asked if the Minnehaha Creek Watershed District (MCWD) has been involved with the project. Director Nielsen explained that any building permit is reviewed by the MCWD for a water control permit. Commissioner Labadie asked if the City Engineer has reviewed this C.U.P. application. Director Nielsen responded yes and noted the Engineer had not seen anything relative to the berm. In response to another question, Nielsen stated the Engineer is not aware of the pilings because he just learned about them today. The pilings option will be subject to the Engineer’s review and approval. Chair Geng asked if the staff report will have to be amended for the pilings before Council considers this C.U.P. Director Nielsen stated he will do a follow-up report. Geng stated he assumes any recommendation by the Planning Commission should be subject to the approval of the pilings option by the City Engineer. In response to a comment from Ms. Raymond, Chair Geng noted the Shorewood Zoning Code requires a C.U.P. for fill in excess of 100 cubic yards for a variety of reasons. Commissioner Maddy asked if the berm option is no longer being considered. Mr. Kath confirmed that. Maddy asked if it is fair to assume that about the same amount of fill will be brought it to replace what is removed. Maddy moved, Davis seconded, recommending approval of the conditional use permit for fill in excess of 100 cubic yards and not to exceed 6000 square yards for Jesse Kath, 25025 Yellowstone Trail, subject to the recommendations of the City Engineer and the recommendations identified in the staff report dated December 30, 2014. Chair Geng suggested approval also be contingent on the recommendations of the MCWD. Without objection from the maker or the seconder, the motion was amended to also include the recommendation of the Minnehaha Creek Watershed District. Motion passed 5/0. Chair Geng closed the Public Hearing at 7:27 P.M. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 4 of 14 2. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR BUILDING TRADE CONTRACTOR Applicant: SKD Architects, Inc. (on behalf of Cambria, Inc.) Location: 23425 Smithtown Road (County Road 19) Chair Geng opened the Public Hearing at 7:27 P.M., noting the process will be the same as for the previous item. He stated this evening the Planning Commission is going to consider a conditional use permit (C.U.P.) for building trade contractor, requested by SKD Architects, Inc. (on behalf of the Davis Family LLC) for the property located at 23425 Smithtown Road. Director Nielsen explained that the Davis Family LLC owns the property located at 23425 Smithtown Road. SKD Architects, Inc., representing the LLC, has submitted plans for renovating the existing building on the property for use as a product showroom and garage for Cambria products. Since this falls under the classification of “building trade contractor’s shop” in the Shorewood Zoning Code, a C.U.P. is required. The property is zoned C-2, Service Commercial and contains 28,370 square feet of area. It is currently occupied by a vacant building measuring 56 feet x 56 feet containing 3136 square feet of floor area. One corner of the building is a little too close to the lot line. What is being proposed will not make that any worse. As part of the renovation, SKD proposes to relocate the parking lot currently in front of the building to the rear. It will meet the requirements of the City Code. The size of the building will remain the same and it will be divided in two. One half will be used to store three passenger vans that are used to take clients around to look at various properties. The other half will be used as a showroom area for the Cambria products but it will not be used on a daily basis. The entire building will have decorative stone around it. It will also be reroofed. No outside storage is proposed. What is being proposed will result in a reduction in hardcover. It will be reduced from 61.6 percent to 36.5 percent. The parking is adequate for the proposed use. Six outside spaces are proposed. The applicant strongly believes that many will never be used at one time. This redesign will be accompanied by a significant amount of landscaping. The submitted landscape plan exceeds the City’s requirements by quite a bit. The plan includes satisfying the recommendations of the County Road 19 Corridor Study. One of the main recommendations of that is commercial properties along County Road 19 would have evergreen trees along the rear of the properties so that over time they would form a backdrop for the properties and screen the abutting residential properties. Land use and zoning surrounding the site are as follows: West: commercial office building; zoned R-C, Residential-Commercial North: County Road 19, then wetland and storage area for Shorewood Yacht Club, zoned C-2 East: Garden Patch Nursery; zoned C-2 South: large pond, then residential (in Excelsior) He noted that the applicant’s request complies with the requirements of the Shorewood Zoning Code and Comprehensive Plan. He also noted that staff views what is being proposed as a drastic improvement to what is currently on the site and recommends approval. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 5 of 14 Dan Mulrennan noted he is present in place of the architect Steve Kleinman who was not able to attend. He stated that he thought Director Nielsen described what is being proposed accurately. Chair Geng stated the landscaping plan includes notes in four spots around the property indicating there will be three inch dark shredded hardwood mulch in the planting beds. Figures 5 and 6 indicate the mulch will be two inches deep. He commented that is a very minor discrepancy. Commissioner Maddy stated he interprets the drainage plan to drain to the east. He asked how the runoff from the new parking lot will be managed. Director Nielsen explained that during construction erosion control has to be in place. The landscaping will handle the runoff from the site. There currently is a drainage and utility easement on the south side of the property and from there the stormwater flows into the pond on the south. Commissioner Labadie asked if the driveway and parking area will be paved. Mr. Mulrennan responded yes. Seeing no one present to comment on the case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:31 P.M. Chair Geng stated from his vantage point it appears it will be a significant improvement to the site and that he is impressed with the landscaping plan. Davis moved, Maddy seconded, recommending approval of the conditional use permit for building trade contractor for SKD Architects, Inc. (on behalf of the Davis Family LLC) subject to the recommendations identified in the staff report dated December 29, 2014. Motion passed 5/0. Chair Geng noted this item will go before the City Council on January 26, 2015. Chair Geng closed the Public Hearing at 7:33 P.M. 3. SITE PLAN REVIEW – PLANNING / HEATING CONTRACTOR Applicant: Tharaldson Plumbing and Heating Location: 5680 County Road 19 Director Nielsen explained Eric Tharaldson, owner of Tharaldson Plumbing and Heating, proposes to lease the property at 5680 County Road 19 from the American Legion Post next door. He intends to operate a plumbing and heating business from the existing building on the site. The site is occupied by an old gas station building that has been vacant for a number of years. It is zoned C-1, General Commercial and contains 13,414 square feet of area. The existing building measures 28 feet by 44.5 feet and contains 1246 square feet of floor area. The applicant will remodel the inside of the building and improve the area outside of the building. Land uses and zoning surrounding the subject property are as follows. North: Retail store; zoned C-1 East: County Rd. 19, then commercial strip mall in Tonka Bay; zoned commercial South: Smithtown Rd., then golf course; zoned R-1A, Single-Family Residential West: American Legion Club; zoned C-1 CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 6 of 14 In late 2013 Council approved an interim C.U.P. for this site as a bicycle repair business. The reason for it being interim was that applicant did not want to make some of the improvements that were required by the Zoning Code because of the probability that the area would be redeveloped in the next three to five years as part of the Smithtown Crossing Redevelopment Area. That applicant decided not to move ahead with his plans for the property. Mr. Tharaldson proposes to use the site plan that was approved for the previous application. The new applicant has indicated he is willing to make the improvements that are necessary and therefore will not need a C.U.P. The current parking lot does not conform to Shorewood zoning standards with regard to the lack of concrete perimeter curbing. The applicant proposes to add curbing in two areas as shown on the site plan. The applicant wants to retain the use of both driveways on the property for circulation purposes and is willing to make one of them entrance only. With regard to the analysis of the case, Nielsen explained the following. Plumbing, heating, ventilation and air conditioning businesses, without fabrication or manufacturing, are allowed as permitted uses in the C-1 zoning district. The proposal includes an overhead door to accommodate the indoor parking/storage of a company vehicle. The applicant has indicated that there will be no outdoor storage, which would require a C.U.P. The permit would expressly state that outdoor storage of any kind is not allowed. The applicant intends to build a cedar board-on-board trash enclosure on the north side of the building. That must be addressed in the plans. The applicant has not submitted a sign plan as of yet. The site plan indicates that the pylon sign on the corner will be removed. The applicant intends to put up at least one wall sign and maybe two on the building. That will be addressed through an administrative sign permit. The existing building complies with the C-1 district setback requirements but the current parking lot does not. He reiterated that the applicant proposes to modify the parking lot and use the driveways as they currently exist. Concrete perimeter curbing will be installed. Asphalt will be patched in where it had previously been removed. The applicant intends to use the landscape plan that was submitted for the interim C.U.P. application last year. The landscaping at the rear of the building was not required as part of the previous approval. This applicant has agreed to replace the landscaping in the northeast corner of the site with three six-foot evergreen trees. He noted that the parking lot improvements and landscaping will not be done until next spring. Therefore, the applicant must provide bids for that work and an escrow agreement will based on the bids. The cash or letter of credit escrow will be for one and one-half times the amount of the bids and it must be submitted prior to the applicant occupying the building. The parking lot improvements and landscaping must be completed by June 1, 2015. He also noted that staff recommends approval of the site plan subject to its recommendations. Lon Tharaldson, the father of the applicant Erik Tharaldson, noted his son is a plumber in the State of North Dakota and that he is a plumber in the State of Minnesota. The father is also a master plumber in the Cities of Minneapolis and St. Paul. The father explained that he currently functions out of his two- bedroom bungalow located in the City of Richfield. He went to North Dakota to help his son out for one year, but wanted to return to Minnesota. He has worked around the Lake Minnetonka area for 50 years. His son set him up with the business structure, which is quite expensive for plumbing. His son had CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 7 of 14 indicated to him that he is willing to come back to work in Minnesota if his father could find a good place to work from. He and his son are excited about their new venture. He thanked Director Nielsen for all of his help. Chair Geng stated the floor plan exhibit shows that the floor plan is oriented to the north. He thought it is actually oriented to the west. Mr. Tharaldson concurred. Geng encouraged that orientation be changed before Council considers this application. Ruth Tharaldson, the mother of Eric Tharaldson (the applicant), stated that basically there would not be any storage because plumbers take their vans home at night. She noted that all three of them are from Minnesota. Her son went to work in North Dakota for a few years and now wants to return to Minnesota to work. Chair Geng asked who is responsible for the maintenance and upkeep of the island on the corner of the property at the Smithtown Road and Country Road 19 intersection. Director Nielsen explained that piece of land is located in the City of Tonka Bay; it was part of the reconfiguration of that intersection but Shorewood has been maintaining it and will continue to do so. In response to a comment from Geng, Nielsen explained that the Tonka Bay City Council had been willing to adjust the municipal boundaries but the Shorewood City Council did not think it would be worth incurring the survey and legal costs to do so. Nielsen noted that he personally thinks Shorewood should own it if for no other reason people place a lot of signage on that corner and Shorewood cannot do anything about that because it does not own the land. Lowell Day (Boone), 25 Pleasant Avenue, Tonka Bay, and a representative for the American Legion located at 24450 Smithtown Road, stated the Legion just wants to try and improve its property. The Legion needs to make it financially feasible for the Tharaldsons to have their business at that location. He noted that the Legion recently had a new roof put on the flat roof of the building on that site. Chair Geng stated there is no lease agreement in place. Therefore, he asked if the current applicant is the appropriate person. Director Nielsen responded yes and stated the applicant has control of the structure. Geng noted that what is being proposed would be welcomed because the site has been an eye sore for quite some time. Davis moved, Maddy seconded, recommending approval of the site plan for Tharaldson Plumbing and Heating for the property located at 5680 Country Road 19 subject to staff recommendations. Motion passed 5/0. Chair Geng noted that Council will consider this item during its January 26, 2014, meeting. 4. PREAPPLICATION – COMPREHENSIVE PLAN AMENDMENT Applicant: Mattamy Homes Location: 24575 Smithtown Road (Minnetonka Country Club Property) Director Nielsen explained that Mattamy Homes has arranged to purchase the Minnetonka Country Club (MCC) property located at 24575 Smithtown Road. The property is zoned R-1A Single-Family Residential. The developer proposes to subdivide the property into 121 single-family residential lots. The MCC property is 116.9 acres in size. To do so requires an amendment to the Shorewood Comprehensive (Comp) Plan and, ultimately, approval of a planned unit development (PUD). Mattamy’s preapplication request is to amend the Proposed Land Use Plan 2030 in the Comp Plan to change the land use CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 8 of 14 classification for the MCC property to Low Density Residential (1 – 2 units per acre). It is currently classified as Semi-Public. The change would make the Comp Plan and the Zoning Map consistent. Shorewood has adopted a two-step process for considering amendments to its Comp Plan. The preapplication stage allows the applicant to appear before the Planning Commission and Council on an informal basis. The applicant can show their basic intent and the general nature of the proposal without incurring substantial cost. The purpose of the preapplication stage is to: 1. Familiarize the Commission and Council with the proposal. 2. Review required information and identify any additional information necessary for proper request evaluation. 3. Refer further plans to appropriate commissions and outside agencies (e.g. parks, watershed district, etc.) 4. Provide direction to the applicant (e.g. indication of priorities, etc.). 5. Determine a schedule for review of a formal application. Land use and zoning surrounding the site are as follows. North: across Smithtown Road; single-family homes, zoned R-1A (1 unit per 40,000 square feet) and R-1C (1 unit per 20,000 square feet); plus commercial development, zoned C- 1, General Commercial (Smithtown Crossing Redevelopment Area) East: commercial development, zoned C-1; public (City Hall/Badger Park) and single-family homes, zoned R-1C and R-1A South: single-family homes, zoned R-1C and R-1A West: single-family homes, zoned R-1A The developer intends to cluster the houses on the more buildable portions of the site. There are portions of the site that are low and have suspect soils. Those will be set aside as green space. With regard to development issues, he stated that aside from the density/zoning issues staff has identified a number of issues relative to any development of the subject property. 1. Perhaps the most significant single issue has to do with traffic/circulation. Single-family residential development generates approximately 8-10 trips per day. The number of units proposed would therefore generate 968 to 1210 trips per day. Smithtown Road, along the north side of the project and Country Club Road, along the east side of the site, are both designated as collector streets. The Country Club/Yellowstone Trail/Lake Linden Drive route is a substandard collector route, and it leads to the Highway 7/41 intersection which is severely congested. On the north end of Country Club Road, its intersection with Smithtown Road should be examined also. Staff suggests that a traffic study be done that addresses ways to direct the new traffic to County Road 19, while minimizing the volume of traffic that goes to the south. Internally, the proposed site plan on the Conservation Development Concept Plan exhibit shows only one connection to Smithtown Road which leaves a very long dead-end circulation pattern. That is well over the 700-foot length maximum for a cul-de-sac that the City Code requires. There is only one way in to the north and to the south. Although it does not show well on the site plan, the developer has indicated a willingness to construct some sort of perimeter trail system for the property that would be available for public CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 9 of 14 use. The City has plans in 2015 to extend to the east the new sidewalk along Smithtown Road. The sidewalk would be extended from the LRT Trail to the Smithtown Road and Country Road 19 intersection. During the January 29, 2015, Council and staff retreat Council will consider whether to delay the Smithtown Road East Sidewalk Extension Project, pending review and approval of the MCC plans. 2. Drainage is a significant issue that needs to be addressed in the applicant’s plans. Mattamy representatives have suggested that the plans will not only address the rate of storm water leaving the site, but also the volume. The intent appears to be to keep as much water on the property as possible. The minimum requirement for addressing drainage is that the rate of runoff after the site is developed cannot exceed the rate before the site is developed. The property for the most part drains to the southwest. There is a system there that is somewhat substandard and the City Engineer is somewhat concerned about the outlet for that. 3. The site is well served with existing sanitary sewer and municipal water utilities. Both utilities serve the property. The Public Works Director has recommended that the sanitary sewer be connected to the metro line that extends along Yellowstone Trail. 4. The City Council has delayed plans for Badger Park improvements pending study of the Comp Plan amendment and review of this property. At minimum, the City will have to determine whether to take land from the project for park improvements, require cash in lieu of land and, if so, whether to take the eight percent of raw land value or the flat fee per lot allowed by the Subdivision Code. He noted that due to the size and complexity of the project the City Council decided to hire an independent planning consultant to direct the public process and the information that flows out from the City and to assess a broader scope of alternatives for the MCC property and its surrounding areas. Council will select between two consultants during its January 12, 2015, meeting. The selected consultant will start its work the next day. One of the consultant’s challenges will be to try to coordinate their efforts with those of the developer. While the developer has indicated that they do not expect to do construction in 2015, they would like to have some sort of concept approval by early summer. Nielsen recommended that time be devoted for both Council and the Planning Commission to review the Comp Plan, particularly the goals, objectives and policies for each chapter contained in the Plan, as they prepare for the review of the MCC plans. Regardless of how the subject property ends up being redeveloped these policies serve as the City’s guide. Nielsen noted that Rick Packer is present to talk about the project. Council Liaison Sundberg noted that the consultants that have been interviewed are well regarded in Minnesota. She also noted the City has hired a consulting firm to assess renewable energy options in the City. She assumes the Planning Commission will be kept informed of what is going on with that initiative. Rick Packer, a Land Development Manager with Mattamy Homes, provided a little background about the company. It has been doing work in this market for about eight years. Its home base is in Toronto, Ontario, Canada. It is the largest builder in Canada. In the Twin Cities it is about the fourth largest builder in volume and fifth largest builder in number of permits. The company is privately owned; it is owned by one person. The owner is active in decisions made on a day-to-day basis. It has a number of vary large holdings in the Twin Cities because the owner is a “land junkie”. The company’s culture and ethic is very CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 10 of 14 different from a public company. The company name is a combination of the owner’s two children’s names – Matt and Amy. Mattamy has initially assembled what it considers a pretty unique team to come up with its plan. The other Land Development Manager with Mattamy grew up three blocks from the MCC property and his father runs a business in the City of Tonka Bay. Mr. Packer had been a project manager for Bear Path Country Club; therefore, he understands what goes into building a golf course in conjunction with residential. His son has a degree in golf course management and his son educated him on all the different things he would likely find when testing of the site for pollution, chemicals and so forth that was put down on the MCC golf course to make the grass green. The company thought its employees had enough knowledge of the community and the industry to develop a plan that made sense. Mr. Packer highlighted a list of things that were taken into consideration when preparing a draft concept plan.  There is no desire to create some grand vision that would be a monument to the company.  There is no desire to change the zoning of the site which is one unit per Shorewood acre.  There is already an issue with traffic volume going down Country Club Road and ultimately to Highway 7. Therefore, a conscious decision was made to not have an exit on to or from Country Club Road onto the property.  Company staff understood there would be property line issues because the survey methods used 100 years ago are not as accurate as they are today. That was taken into consideration.  Company staff understood where many of the flooding issues on the site were. The plans stayed away from those areas.  Company staff had no desire to put one house on every 40,000 square foot parcel of land on the site. The plan is to keep the houses on the high ground, disrupt as little of the site as possible while maintaining the density the site is zoned for. Sixty-two of the acres on the site will be preserved as open space. That leaves many opportunities that can be explored for the company, the residents in the area and the City. Mr. Packer explained that all stormwater calculations have already been done. Back-to-back, 100- hundred-year events have been planned for. All stormwater will be conveyed through a 24-inch pipe that currently leaves the site. The intent is to decrease volume of stormwater leaving the site because there is a Minnehaha Creek Watershed District (MCWD) requirement to keep the first inch of any rainfall on site. The intent is to have a buffer area around the entire development. The buffer will range in size from 100 feet to 40 acres. That was done because residents did not want to have houses backed up to them to avoid any property line disputes there might be and just to be good neighbors. The majority of the proposed lots will roughly be 90 feet by 150 feet. That allows for adequately sized houses. The side yard setbacks will be 10 feet. The first thought was for the front yard setback to be 40 feet but consideration is being given to changing that to 30 feet depending on the quality of the soils in any particular area. A concerted effort has been made to not back any houses up to streets or residences; the back of a house is not the most attractive side. The cul-de-sacs have been brought up closer to the streets for a variety of reasons, in particular to Smithtown Road and Country Club Drive. Things will be constructed in a way that emergency vehicles will be able to enter directly on to some cul-de-sacs. The reason there is not another access on to Smithtown Road in the northwest corner is there is a wetland there. Currently it takes about 18 months to process a permit to fill in a wetland. That encourages developers not to do that. If Mattamy decides it want to have another access onto Smithtown Road that CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 11 of 14 filling in of the wetland would be part of the last phase of the project. There is no plan to fill in any other wetlands or water features on the site. Mr. Packer noted Mattamy has tried to be respectful of the traffic concerns. He stated that it has notified all of the neighbors surrounding the site that there may be a possibility that surveyors may end up walking on a portion of their property and that the surveyors do not have any idea of what is going on with the site so there is no point in asking them any questions. The company has received calls from some residents and none seem to be surprised that the property will be redeveloped. He also noted that the houses that will be constructed will be the same as to the ones Mattamy constructed in the Charley Lake Preserve in the City of North Oaks. Mattamy is the first production home builder that has ever been allowed to build in North Oaks. That subdivision opened in June 2014 and to date 43 of the 64 lots have been sold. It is Mattamy’s fastest growing subdivision in the northern hemisphere. The prices range from $800,000 – $1.2 million. For the MCC site the base lot and house will be in the $750,000 – $800,000 range. But, no one is going to build a base house on a base lot. Mr. Packer thanked Director Nielsen for all of the assistance he has provided. He offered to entertain any questions the Planning Commissioners may have. Chair Geng thanked Mr. Packer for providing an overview of what Mattamy is considering. He also thanked Mattamy for its sensitivity to the residents in the area and for its desire to preserve open space. Council Liaison Sundberg thanked Mr. Packer and Mattamy for addressing the community environment and for proactively reaching out to the community. Chair Geng stated that Mr. Packer had indicated that the base lot and house will be in the $750,000 – $800,000 range and that the minimum lot site will be 13,500 square feet. That size lot is quite a bit smaller than the Shorewood acre (40,000 square feet). He asked what Mattamy is proposing as a range of lot sizes. Mr. Packer explained in that price range all of its product is designed with a 70-foot-wide footprint. Most builders for less than an acre lot will cover the lot from setback to setback side/side. That is simple economics of about $2,000 a foot. They have not found the market will pay $2,000 a foot between 90- foot-wide lot and 100-foot-wide lot. Any lot wider than 90 feet is a waste of land, a waste of streets and a waste of the financial viability of the project. The houses at Charley Preserve are on one acre lots. Unless there is a big sprawling house on those lots the houses look out of place because there are 5,000 – 6,000 square foot houses that sit on a 150-foot-wide lot. He thought the proposed houses will look better on a 10 foot side yard setback lots. He noted that Mattamy wants to make the most use of the site’s density in a way that is environmentally sensitive to the area. He stated nothing stops the company from putting down 60 helical footings and building houses where they should not be built. Mattamy wants to build the houses on the high spots and not where the flooding occurs. He noted the lots adjacent to open space will not be as wide as 90 feet. He stated that Mattamy could go with 100-foot-wide lots but will not because it wants the open spaces to be visible to people driving by and for pedestrian access throughout the site. He noted that Mattamy does not want any lots to be less than 150 feet deep. He stated if the lots were to be made one acre lots then all of the open space goes away. Director Nielsen stated the minimum lot width in the R-1A district is 120 feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 12 of 14 Chair Geng stated that owners of properties in that price range may want to have a pool. He questioned if there would be room for pools on the lot sizes being proposed. Mr. Packer stated it will not be possible to put pools in on many of the lots because the lot will be up high. Director Nielsen asked what Mattamy’s depth of the footprint generally is. Mr. Packer responded 50 feet. Mr. Packer stated if people are going to want to build a pool they should select a lot that will accommodate that. Chair Geng noted the City’s Comp Plan encourages adequate off-street parking. He asked if Mattamy foresees on-street parking. Mr. Packer stated Mattamy has not gotten that far in the design process. He explained a 32-foot-wide street face-to-face of curb allows for parking on both sides of the street. In order to reduce impervious surface to reduce runoff a 28-foot-wide street face-to-face curb may be constructed and parking would only be allowed on one side of the street. For a project Mattamy is doing in a northern suburb the street is 26 feet wide face-to-face and bump-outs are constructed for some on-street parking. Mr. Packer noted that each one of its houses has a minimum of a three car garage. There will be parking for three vehicles outside of each car inside and then there will be room to park on the driveway. That amounts to being able to accommodate nine vehicles. Commissioner Maddy asked what the proposed ownership structure is of the open space. Mr. Packer responded Mattamy does not know. Mr. Packer stated if the City wants to own the open space so everyone can use the amenities such as trails in the open space then the City has to maintain it. If the open space is going to be private and Mattamy builds the trails then there is a concern about the liability of opening the private space to the public. He noted that the space will either be public or owned by a homeowners association (HOA). Chair Geng stated his greatest concerns with the proposed project are the traffic impact and the entrance/exit on Yellowstone Trail. He noted that Director Nielsen had stated earlier that the realignment of the Smithtown Road and Country Road 19 intersection has reduced traffic on Country Club Road substantially. Commissioner Muehlberg also noted the heavy traffic when school lets out at that intersection; it backs up quite a bit. Mr. Packer stated the entrance/exit on to or off of Smithtown Road is proposed to be located a reasonable distance from the intersection. Muehlberg noted the increase of traffic on Yellowstone Trail will be problematic. Geng noted he thought it prudent that a very thorough traffic study be done. Mr. Packer stated that Mattamy would have started that study already but the City wants control over it because it may want to expand it to more than this project. He then stated what is currently being proposed could amount to 1,000 vehicle trips a day spread throughout the day. Geng stated the City has heard complaints about traffic on Country Club Road, Yellowstone Trail and Lake Linden Drive long before this project was ever discussed. Mr. Packer stated that traffic entering on to Yellowstone Trail from the development will divert it from going down Country Club Road to Yellowstone Trail and on to Lake Linden Drive. Mr. Packer noted that Country Club Road is on the MCC property without an easement. That will have to be addressed. The public sewer line that runs across the property is not in an easement. Mr. Packer stated one cul-de-sac does meet the 700 foot maximum standard. Originally there had been a second access to Smithtown Road but when Mattamy found out that access had been in a wetland delineation it pulled the access out. CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 13 of 14 Chair Geng stated the concept plan shows an egress for an emergency entrance/exit to Smithtown Road in the northwest corner of the site. He asked how that can be done through a wetland. Mr. Packer stated that has to be done through permitting. Mr. Packer stated if there were to be an access point on to Smithtown Road on the west side a person could go out and west on Smithtown Road towards Highway 7. Commissioner Muehlberg stated there is no stoplight at that intersection of Eureka Road and Highway 7 so it is not easy to get on to Highway 7 very quickly. Chair Geng stated the concept plans show that holding ponds will be added to the site. Mr. Packer confirmed that. Geng then stated that it is his understanding that Mattamy has some applications pending with the MCWD. Mr. Packer stated that Mattamy has a 900-unit development at Woodland Cove and has had to work with the MCWD on that. Mr. Packer clarified that the company has not submitted any applications to the MCWD for the MCC property but it has met with MCWD representatives. Mattamy needs to have a plan before it can apply for any type of permit from the MCWD. Geng asked Mr. Packer if Mattamy representatives have spoken with representatives from the Excelsior Fire Department (EFD) or the South Lake Minnetonka Police Department (SLMPD) about concerns they may have. Mr. Packer responded no. Geng stated he assumes that would be premature. Mr. Packer stated Mattamy has tried to limit communications with the community until there has been more discussion with Council and the Planning Commission. Geng noted that the City is going to hire a consultant on Monday, January 12, 2015, to assist the City with planning activities associated with this project and to take a broader view on the development in that area and the Smithtown Crossing Redevelopment Area. He stated that before the Planning Commission moves forward with this preapplication process he would like the Commission to meet with the consultant to discuss the consultant’s views. He asked the Commissioners if they could meet on January 20 if the consultant could accommodate that. Mr. Packer stated he knows both consultants the Council is going to consider and both are top notch. They both propose solutions that make sense. After discussion, there was consensus amongst the Commissioners to meet with the consultant on either January 20 or February 3. Geng moved, Davis seconded, continuing this discussion about Mattamy’s preapplication for a Comprehensive Plan amendment for the Minnetonka Country Club (MCC) property until the Planning Commission has had an opportunity to meet on January 20 or February 3, 2015, with the planning consultant the City is going to hire for the MCC redevelopment project. Mr. Packer stated that continuing this discussion would result in a loss of 30 days in the process for him. He noted he heard the concerns expressed this evening and he will talk to the consultant. He explained that the next time he comes back before the Planning Commission Mattamy will be submitting a formal application so it does not lose the 30 days in the process. He clarified he is respectful of what the Commission wants to do but Mattamy needs to close on the purchase of the property in the middle of this coming summer. He stated Mattamy wants to start soliciting public comment soon. In response to a question from Maddy, Director Nielsen clarified the Planning Commission does not need to take any formal action on the preapplication. Nielsen stated the issues and concerns conveyed this evening have been noted. He then stated if the consultant can meet with the Commission on January 20 it would keep things on schedule for the Council to discuss the preapplication during its January 26 CITY OF SHOREWOOD PLANNING COMMISSION MEETING January 6, 2015 Page 14 of 14 meeting. Nielsen noted that both planning consultants are aware of Mattamy’s desire to get far enough along in the planning process to purchase the MCC property this summer. Motion passed 5/0. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. OLD BUSINESS / NEW BUSINESS 7. DRAFT NEXT MEETING AGENDA Chair Geng noted that on either January 20, 2015, or February 3, 2015, the Planning Commission will meet with the planning consultant the City Council will select during its January 12, 2015, meeting for planning services related to the residential redevelopment of the Minnetonka Country Club property. Director Nielsen stated the City has started to receive applications for consideration during the Planning Commission’s February 3, 2015 meeting. 8. REPORTS • Liaison to Council Planning Commissioner Labadie reported on Council’s December 8, 2014, meeting (as detailed in the minutes of that meeting). • SLUC • Other 9. ADJOURNMENT Davis moved, Maddy seconded, Adjourning the Planning Commission Meeting of January 6, 2015, at 9:04 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder