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01-15-19 Planning Commission MinutesCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 15, 2019 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:00 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Davis, Riedel, Eggenberger, and Gorham; Planning Director Darling; and, Council Liaison Johnson Absent: None 1. APPROVAL OF AGENDA Davis moved, Riedel seconded, approving the agenda for January 15, 2019, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES December 4, 2018 Eggenberger moved, Davis seconded, approving the Planning Commission Meeting Minutes of December 4, 2018, as presented. Motion passed 5/0. 3. PUBLIC HEARINGS Chair Maddy explained the composition and role of the Planning Commission, including the responsibility to hold public hearings and help develop the factual record for an application. The Planning Commission makes a non - binding, advisory recommendation to the City Council. A. PUBLIC HEARING — C.U.P. to Collocate Antennas on Existing Monopole Applicant: Tower Engineering Professionals, for Dish Network Location: 24283 Smithtown Road Director Darling explained that the applicant would like to collocate 3 additional antennas, 8 radio receiving units and other equipment on a new triangular array on the existing monopole tower at 24283 Smithtown Road. She gave a brief explanation of what is located in the surrounding areas. The applicant has requested additional time to complete their application but asked that the Commission open the public hearing and take any public testimony that there may be at tonight's meeting and continue the Public Hearing to the February 5, 2019 meeting. Chair Maddy asked what the timeline would be for placing this equipment on the existing tower. The top of the tower contains an osprey nest. Director Darling stated that the applicants are planning to have the hardware installed prior to nesting season and complete hook up after nesting season. She noted that with the delay until February, it may be possible that installation of the hardware will also have to wait until after nesting season. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 15, 2019 Page 2 of 4 Commissioner Gorham asked about the fencing Director Darling stated that the existing chain link fence is adequate for what is out there but they are proposing some additional slats. She explained that her concern with slats is the maintenance. She noted this area is currently very neat and tidy and there is limited visibility. Commissioner Riedel asked which C.U.P. provision of the code this application triggers. Director Darling stated that antenna collocation applications are specifically listed in the code for a C.U.P. She noted that since the applicant has to fly in, she did not believe they would be present at tonight's hearing. Chair Maddy opened the Public Hearing at 7:06 P.M. and being there were no comments, closed the Public Hearing at 7:06 P.M. Chair Maddy reopened the Public Hearing at 7:07 P.M. in order to continue the Public Hearing to the February 5, 2019 meeting. Riedel moved, Davis seconded, to continue the Public Hearing for a C.U.P. to Collocate Antennas on the existing monopole at 24283 Smithtown Road for Tower Engineering Professionals on behalf of Dish Network, to the February 5, 2019 meeting. Motion passed 5/0. 4. OTHER BUSINESS - NONE 5. MATTERS FROM THE FLOOR Cindy Marr 6015 Chaska Road, stated that she lives across from the Shorewood Landing sign. She asked if they had received her proposal. Chair Maddy explained that the Commission had all gotten a copy of the e-mail from Ms. Marr. Ms. Marr stated that she and her husband have been residents for 38 years and five of those years were spent without light pollution. She noted when the two -story office building was put in there was essentially a spot light shining on their property for years. She stated that she had complained to the City numerous times but nothing was done until there was a new owner who agreed to change the light on the south side of the building. She stated that about fifteen years ago their neighbors decided to put up spotlights in their trees and leave them on all night which completely flooded the southside of their property with light. She stated that they have dealt with that by purchasing window coverings that help block the light. She explained that when the senior facility was proposed, they came to the Planning Commission and explained that their biggest concern was the light pollution. She noted that at the time, two of the Commissioners agreed with their concerns. She stated that they are living in a very frustrating situation with both the building and the placement of the large white lights along the front of the building. She stated that she complained to the City three times and nothing happened even though she had suggested that they just agree to turn the lights off at 11:00 P.M. She stated that they have now added more lights in addition to lights on the pine trees along the berm that stay on all night long. She stated that even people across the highway have complained that the light was shining all the way over there. She stated that there are many other neighbors who have been adversely affected by the lights and explained that she had gotten signatures from twelve neighbors stating that they believe there is excessive lighting at this location. She asked the Planning Commission to go to the location with the lights fully turned on so they have a better idea of what the residents in this area have been dealing with. She stated that her request is for these lights to be turned off at 11:00 CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 15, 2019 Page 3 of 4 P.M. She stated that she would like the City to come up with a lighting ordinance to protect the residents, especially for the people that live in the "middle zoning" that has residential near commercial. Chair Maddy asked which lights are giving Ms. Marr the most problem and whether measurements had been taken of the sign lighting. Planning Director Darling noted that measurements had been taken last year and the lights were in compliance with the A -foot candles. She noted that holiday lights have nothing to block the glare and she had contacted Shorewood Landing and asked them to turn them off at 11:00 P.M. She explained that they were not crazy about the idea, but said that as soon as their maintenance man came back from vacation, they would have him put the lights on a timer. Ms. Marr stated that she is looking at the bigger picture in this situation. She stated that she feels the monument light is very dangerous and blinds them when they are in their driveway although it has improved with the adjustment of the fixture. She stated that because they have turned off the Christmas lights at Planning Director Darling's request, they are now able to see all the other lights such as the flag pole, the lights to the sides and even the windows Commissioner Riedel asked which of the lights were not currently handled by the code requirements. Ms. Marr gave examples of Christmas lights and the roof lighting. Commissioner Riedel stated that he would be in support of strong restrictions on commercial lighting as well as prohibiting spotlighting in a residential area. He stated that aesthetically, if people choose to light up their property in a way that does not exceed a brilliance standard crossing the property line, he does not think that is within the purview of the City to step in. Ms. Marr stated that this light is shining across Highway 7 into the houses across the highway. Commissioner Riedel asked whether that was in conflict with the code requirements. Ms. Marr stated that she had been told that there is no ordinance for this type of lighting. She reiterated that she feels this company has put up an excessive amount of lighting at this location. She stated that she has been trying to resolve this issue with Shorewood Landing for two years. The Commission stated that they would like to take some time to investigate what the current code addresses with regard to lighting and consider addressing some concerns. Planning Director Darling stated that she will compile some information on the current ordinance and research what other cities are doing with regard to lighting and bring it back to a future meeting. Commissioner Gorham noted that the City of Plymouth has some detailed language regarding lighting in their ordinance and suggested Director Darling contact them. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JANUARY 15, 2019 Page 4 of 4 6. REPORTS • Liaison to Council Council Liaison Johnson reported on matters considered and actions taken during the Council's January 14, 2019, meeting (as detailed in the minutes for that meeting). Commissioner Riedel asked if the Commission could have copies of the minutes from both the Council and Planning Commission meetings where 6035 Spruce Hill Court had been discussed. • Draft Next Meeting Agenda Director Darling stated that she will set the regular meeting schedule for 2019 and have that as an item on the February meeting along with the antenna CUP application, a sketch plan for Boathouse Villages and a CUP for an oversized accessory structure. Commissioner Eggenberger explained that he will be unable to attend the second Council meeting in February. Commissioner Riedel volunteered to attend the February 25, 2019 Council meeting in place of Commissioner Eggenberger. 7. ADJOURNMENT Davis moved, Riedel seconded, adjourning the Planning Commission Meeting of January 15, 2019, at 7:33 P.M. Motion passed 5/0.