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PC-10-18-16 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, OCTOBER 18, 2016 7:00 P.M. MINUTES CALL TO ORDER Chair Davis called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Davis; Commissioners Bean, Maddy and Riedel; Planning Director Nielsen; and, Council Liaison Siakel Absent: Commissioner Johnson APPROVAL OF AGENDA Bean moved, Maddy seconded, approving the agenda for October 18, 2016, as presented. Motion passed 4/0. APPROVAL OF MINUTES  October 4, 2016 Davis moved, Maddy seconded, approving the Planning Commission Meeting Minutes of October 4, 2016, as amended to change the motion on the September 20, 2016, meeting minutes to a 4/0/1 vote. Motion passed 4/0. 1. AMENDMENT TO CHAPTER 1101 – FLOODPLAIN MANAGEMENT REGULATIONS Director Nielsen noted that he thought that what is equally as important as the floodplain management regulations is the flood plain map. He explained Shorewood Code Chapter 1101 Flood Plain Management Regulations is very close to the model ordinance from the Minnesota Department of Natural Resources (DNR). The DNR made some technical changes to things such as flood proofing and to some extent to the process for amending the floodplain map should a property owner dispute their property being included on the floodplain map. What the DNR has proposed should be easy to adopt. He stated what does matter is if a property owner’s mortgage company will require them to carry flood insurance because their home is on property that is located in a flood zone. He explained the City has mailed out a notice letter to anyone who is affected by the new floodplain regulations. It directs them to go to the FEMA (Federal Emergency Management Agency) site to look at the Flood Map Service Center to determine how their property is classified. He displayed a copy of the map titled City of Shorewood 100-Year Floodplain Boundary Changes Since 2004 Flood Insurance Study and highlighted areas where the classifications changed. (A copy of the map was distributed to the Commissioners before the meeting.) Enchanted Island and Shady Island have been removed from the floodplain. Another area indicates there is a floodplain increase. The map indicates the entire border of Lake Minnetonka on the west side of Shorewood has an increase in floodplain area except for the east side of Howards Point. He assumes the east side of Howards Point was removed because it is in a higher elevation area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 18, 2016 Page 2 of 4 There have been instances in the past where the City has helped property owners dispute having their property classified as being in a flood zone. Commissioner Bean stated for the border of Lake Minnetonka on the west side of Shorewood he asked how far a flood plain zone goes back from the shoreline. Director Nielsen responded just the properties abutting the Lake. Director Nielsen questioned why some of the properties abutting the Lake are on the floodplain map because the properties are higher up from the Lake. Nielsen explained when a person goes to the FEMA Flood Map Service Center site they will see a map similar to what he had displayed. It is difficult to determine how much of a property is in the floodplain. He then explained that as a follow up to the notice letter the City is going to send out a memorandum to property owners telling them that they should go to the City’s floodplain map on its website. He explained the process that would be described in the follow-up memo. Following the process property owners can view a contour map of their property to find out if their home is outside of the floodplain elevation. If they cannot read a contour map they can come to City Hall and staff will help them. If their property should not be on the floodplain map in most cases the property owner can take the City’s map and show their mortgage company that their house is outside of the floodplain elevation. If their mortgage company wants a letter from the City the City will provide that. Nielsen stated he was asking the Commission to recommended adopting the updated floodplain management regulations as proposed. In response to a comment from Chair Davis, Director Nielsen explained the City has copies of the Flood Insurance Rate Maps (FIRM). Director Nielsen explained in the DNR model ordinance he removed things that were not relative to Shorewood. Commissioner Bean stated in the model ordinance paragraph 2.51 states “Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor.” It does not clearly state which of the two clearly prevails. Director Nielsen stated he would change it to say “…. on the official zoning map and flood elevations discovered in the actual field conditions, the flood elevations shall …” Nielsen noted he may change the word “discovered”. Commissioner Riedel noted that under paragraph 4.1 items 4.11 and 4.12 are missing. There are similar things in other paragraphs. Director Nielsen stated he will clean those up when he formats the model ordinance into the City’s format. Commissioner Maddy suggested writing the word” blank” on those items so the model ordinance matches up with the City’s ordinance. Commissioner Bean stated paragraph 3.11 and 3.12 refer to Zones AE. He asked where those are defined. Director Nielsen clarified the FIRMs show that. Bean stated 3.13 refers to Zone A as shown on the Firm. Nielsen stated he will add “as shown on the FIRM” to 3.11 and 3.12. In response to a question from Bean, Nielsen stated he is designated as the City’s Zoning Administrator. Chair Davis stated that while going through the regulations she continuously wanted to look at the map which had not been provided until this evening. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 18, 2016 Page 3 of 4 Commissioner Bean stated he assumes the map should be static for a while. Director Nielsen stated he assumes that will be the case with the Code amendment the Council will hopefully adopt by November 4, 2016. Bean asked if the map could become a page in the ordinance. Director Nielsen noted the map will be attached to the follow-up memo that will be sent out to affected property owners. He will consider the possibility of including it in the ordinance. Nielsen then noted there are 13 panels for the FIRM map. There was ensuing discussion about the cost of flood insurance. Maddy moved, Davis seconded, recommending approval of the proposed ordinance amendment to City Code Chapter 1101 relative to floodplain regulations subject to adding in 3.11 and 3.12 after Zones AE the words “as shown on the Flood Insurance Rate Map”, changing an excerpt in 2.51 to read “…on the official zoning map and flood elevations discovered in the actual field conditions, the flood elevations shall …” and to add the word “blank” for those subparagraph items that have no text behind the number. Motion passed 4/0. Commissioner Riedel asked if the smaller lakes were also reviewed for floodplain elevations. Director Nielsen noted that Christmas Lake has never been listed on the FIRM nor has Silver Lake. 2. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 3. OLD BUSINESS / NEW BUSINESS 4. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is the Comprehensive Plan amendment relative to The Waters senior housing project located partially in Shorewood and partially in the City of Excelsior slated for the November 1, 2016, Planning Commission meeting. Amendments to the Zoning Code relative to short- term housing rentals and a minor subdivision will be on the agenda. Commissioner Bean stated it was his recollection that Director Nielsen was going to have the rezoning of the properties along Club Lane on that agenda. That also includes the continuation of the Public Hearing for the rezoning of two properties for Bryan Pike. Director Nielsen confirmed that. Director Nielsen elaborated on some of the activities associated with The Waters of Excelsior senior housing project including the annexation of land to Excelsior. He commented about the rezoning along Club Lane. 5. REPORTS • Liaison to Council Council Liaison Siakel reported on the items considered and actions taken during Council’s October 10, 2016, meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 18, 2016 Page 4 of 4 • SLUC • Other Chair Davis asked Director Nielsen for a report on this year’s Deer Management Program. Director Nielsen stated he does not have the harvest count from this past weekend and noted that the first weekend four were harvested. 6. ADJOURNMENT Davis moved, Maddy seconded, adjourning the Planning Commission Meeting of October 18, 2016, at 8:00 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder