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PC-07-17-18 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JULY 17, 2018 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, and Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: Commissioner Davis 1. APPROVAL OF AGENDA Eggenberger moved, Riedel seconded, approving the agenda for July 17, 2018, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  June 5, 2018 Gorham moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of June 5, 2018, as presented. Motion passed 3/0/1 with Riedel abstaining due to his absence at the meeting. 3. PUBLIC HEARINGS A. PUBLIC HEARING – PUD AMENDMENT REGARDING BUILDING HEIGHT Applicant: Lennar Homes and Gonyea Homes Location: Minnetonka Country Club PUD Chair Maddy opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing. Director Darling explained that Lennar and Gonyea Homes have requested a PUD amendment for the Minnetonka Country Club which is located between Smithtown Road and Yellowstone Trail. She reviewed the development and structures in the area. The PUD amendment request is for the building height of certain homes in this development to be different than others in the City and to measure height from the average between the highest and lowest points of grade adjacent to the home to the average between the peak and eave. Staff finds that the applicant has minimized the number of homes proposed and minimized the impact of the greater height on the adjacent community and recommends approval. Commissioner Riedel asked for clarification of what a villa lot is. Planning Director Darling explained that the villa lots are empty-nester style homes that are on smaller lots that have common maintenance. Commissioner Riedel asked if there were any homes that would not have a walk-out basement design. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 17, 2018 Page 2 of 4 Planning Director Darling stated that there are some that do not have walk-out basements but, those are excluded from the PUD amendment request. Commissioner Riedel asked if the City had gotten any feedback from the residents that were contacted. Planning Director Darling stated that the City has not heard from any residents. Commissioner Riedel asked if there have been any other instances of going above the 35-foot height limitation or variances granted to allowed it. Planning Director Darling stated that Shorewood Landings exceeds the 35-foot limitations but is not a single-family unit. She noted that she did not find any height variances in her research. Commissioner Riedel noted that the letter from the applicant mentions that they felt the language in the code was misleading. Planning Director Darling stated that the code language is consistent, however, you have to know where to look and has added this item to her list for the Planning Commission to look at clarifying to avoid future confusion. Mark Sonstegard, Lennar Homes, stated that they had reviewed the PUD agreement and the code where they looked under building height. He stated that they even met with Building Official Pazandak to review the plans and were asked if they were aware of the 35-foot rule. They told him yes and it was not until the first two-story building permit was in for a walk-out lot at which time they realized they had missed the terms “average land grade” which left them a bit confused. He stated at that point they contacted Planning Director Darling. He agrees with Planning Director Darling that this portion of the code is a little confusing. Commissioner Riedel asked what the total height is from the lowest point that they are asking for. Steve Ellefsen, Architectural Manager, Lennar Homes, stated that the homes fall between 38 and 39 feet when measured from the lowest grade. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:23 P.M. There being no public comment, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:24 P.M. Chair Maddy stated that he agrees with the applicant that the code is misleading and feels it should be discussed for future clarification. Riedel moved, Gorham seconded, recommending approval of the PUD Amendment Request from Lennar Homes and Gonyea Homes. Motion passed 4/0. Planning Director Darling stated that this item will come before the City Council on their August 13, 2018 agenda. 4. OTHER BUSINESS A. DISPOSAL OF PUBLIC PROPERTY Applicant: City of Shorewood Location: 22000 Stratford Place CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 17, 2018 Page 3 of 4 Planning Director Darling stated that the City has been approached by someone who would like to buy a vacant piece of property located at 22000 Stratford Place. She explained that the property is part of the nd Woodhaven 2 Addition subdivision that was platted in 1979 and originally housed a well house. She stated that the well house was demolished in 2008 and the well was sealed and the parcel has been vacant since then. She stated that there is a stormwater management feature located on the property that would need to remain. Staff is recommending approval. Commissioner Riedel asked if there was any potential for liability with contaminated soils, for example. Planning Director Darling stated that the risk would be fairly minimal since the City knows what the property has been used for and has been disclosed to the potential property owner. Commissioner Eggenberger asked if there was any reason why a home could not be built on the property. Planning Director Darling stated that the preliminary research shows that it would be large enough for a home. Chair Maddy asked how the City would guarantee it would be getting a fair price since it is not being sold on the open market. Planning Director Darling stated that the City Assessor did an assessment on the property to come up with the price. Commissioner Riedel asked if there would be any reason to put the lot on the open market. Commissioner Gorham asked if the City had a procurement officer and stated that it feels like it shouldn’t just be a “first come, first served” with anything the City owns. Planning Director Darling noted that the City Administrator has been fulfilling that role but, doesn’t have the official title. Commissioner Riedel asked if there would be any reason for the City to retain this land for parkland or other use. Planning Director Darling responded that the City had reviewed the site for a potential park some time back and decided against a park in that area. Chair Maddy opened the floor for public comment at 7:37 p.m. There being no public comment, he closed the public testimony portion of the meeting at 7:37 p.m. The Planning Commission discussed the price of the lot and the potential for perceived impropriety that this is an inside deal. Planning Director Darling noted that if this moves forward, the lot would need to be replatted and the legal description changed from an outlot to a lot and block legal. She stated that it will also require a variance to allow for a single-family dwelling to be built on it. Gorham moved, Eggenberger, to recommend that the City proceed with the sale of 22000 Stratford Place. Motion carried 4/0. 5. MATTERS FROM THE FLOOR None CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 17, 2018 Page 4 of 4 6. REPORTS • Liaison to Council Council Liaison Johnson noted that there were no Planning Commission items on the most recent Council meeting. He stated that the largest discussion item was the surface material for the Badger Park playground. He stated that the Parks Commission had recommended wood fiber, but the Council opted to go with the poured in place rubber. He stated that the Council also voted to conduct speed sampling on Smithtown Road near Minnewashta Elementary School as well as a section of County Road 19 between Minnetonka Drive and Highway 7. • Draft Next Meeting Agenda The Planning Commission discussed the language clarification that may be needed as discussed in the PUD item from earlier in the agenda. Director Darling stated that she will conduct a survey of other cities as part of the research for a possible code amendment on this issue. Director Darling asked for volunteers to present at the upcoming Council meetings. Commissioner Gorham – August Commissioner Maddy – September Commissioner Riedel – October Commissioner Davis - November Commissioner Eggenberger – December Council Liaison Johnson stated that he had one more update regarding the application to open a tattoo establishment. The Council approved the application, but chose to remove all language that related to body piercing. Director Darling stated that for the August 28, 2018 meeting agenda, there will possibly be two minor subdivision requests. She stated that there would be a work session meeting with the Council to discuss the Comprehensive Plan on August 13, 2018. 7. ADJOURNMENT Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of July 17, 2018, at 8:00 P.M. Motion passed 4/0.