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02-05-19 Planning Commission MinutesCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 5, 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, Eggenberger, Gorham and Riedel; Planning Director Darling; and Council Liaison Labadie Absent: None 1. APPROVAL OF AGENDA Davis moved, Riedel seconded, approving the agenda for February 5, 2019, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES January 15, 2019 Regular Meeting January 15, 2019 Joint Work Session with Park Commission Eggenberger moved, Davis seconded, approving the Planning Commission Regular Meeting Minutes of January 15, 2019, and the Joint Work Session with Park Commission Meeting Minutes of January 15, 2019, as presented. Motion passed 5/0. 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners 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. A. C.U.P. TO COLLOCATE ANTENNAS ON EXISTING MONOPOLE (continued from January 15, 2019) Applicant: Tower Engineering Professionals Location: 24283 Smithtown Road Planning Director Darling explained that this application was continued from the January 15, 2019 meeting. The applicant has proposed to add three telecommunication antennas, eight radio receiving units, and various other equipment with a new triangular array on the existing tower. She noted that they would like to add a new cabinet and equipment at the base of the tower. She reviewed the conditions and noted that staff recommends approval. She noted that staff recommends removing the canopy over the equipment from the plans. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 5, 2019 Page 2 of 8 Commissioner Riedel stated that the staff report included information on the osprey nest at the top of the tower. He asked whether the agreement with the applicant to complete installation prior to nesting season needed to be officially incorporated into the CUP. Planning Director Darling stated that the installation cannot happen during nesting season which gives them the option of installation either before or after nesting season. Charles Ryan, appearing on behalf of the applicant, explained that he is an attorney that is certified in Maryland but serves as the National Director of Zoning for Dish Wireless. He stated that they concur with the conditions requested by the staff. He explained the plans for having the Dish Wireless system in November. He stated that the osprey are protected under the Migratory Bird Act of 1918 and they have no intention of doing any of their installation work during nesting season because it would be very dangerous for the workers and has the potential to stress the nest. Commissioner Eggenberger asked about maintenance of the site and whether there would be someone assigned to this site to come back periodically to check its appearance. Mr. Ryan stated that Dish is unique because there are local Dish T.V. technicians that will be servicing and maintaining the facility on at least a monthly basis. He described a typical visit from the technician. Chair Maddy asked who owned the building and the antennae. Mr. Ryan stated that American Tower owns the tower and he believes Verizon owns the building Chair Maddy asked who would be responsible for fixing the fence if it happened to be vandalized Mr. Ryan stated that if it was the portion around their equipment, they would be responsible, but if it were around the tower compound, American Tower would be responsible. They are only able to install the slats around their equipment area. Commissioner Gorham asked about the canopy and how the accessory utility boxes would be supported. Mr. Ryan explained that the equipment is supported by steel posts around the deck platform that sits about four feet off the platform. Commissioner Gorham asked about the recommendation from staff that an eight -foot canopy would be too much but a four foot one would be acceptable. Director Darling replied that the canopy is proposed to be a corrugated metal and would be taller than the fence. Mr. Ryan explained that typically in the northern areas they install a canopy to protect the equipment because of ice fall. He noted that even if the City required the canopy to be removed, they would still install the small cabinet with some sort of protection from ice fall, but noted that it would be low profile. The electric service and meter would be attached to metal posts supports. Chair Maddy opened Public Hearing for comment at 7:21 PM. There being no public comment, Chair Maddy closed the Public Hearing at 7:21 PM. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 5, 2019 Page 3 of 8 Chair Maddy suggested the Commission talk about the suggested conditions. Commissioner Riedel stated that he did not see the value in requiring the slats in the fencing and would like to see that condition removed. Commissioner Eggenberger stated that he was neutral about having slats but does not want to see non - maintained slats. He agrees with the staff recommendation to remove the proposed canopy that has corrugated metal. He would like to make sure to include the condition that the installation does not happen during nesting season. Riedel moved, Eggenberger seconded, recommending approval of the C.U.P. to Collocate Antennas on an Existing Monopole for Tower Engineering Professionals at 24283 Smithtown Road, subject to applying for all necessary building permits, that the steel canopy be removed from the proposed plan, and that the installation not occur during osprey nesting season. Motion passed 5/0. B. C.U.P. — ACCESSORY AREA OVER 1200 SQUARE FEET Applicant: Revision, LLC Location: 26820 Edgewood Road Planning Director Darling explained that this application is a request from Revision, LLC on behalf of property owners Troy and Linda Peifer to build a detached garage on the property located at 26820 Edgewood Road. She described the project and noted that the property owners plan to install rain gardens along the driveway to capture and slow stormwater run -off. She explained the staff recommendations and noted that staff is recommending approval. Commissioner Riedel asked if there were any other accessory structures, such as a dock, besides the attached garage and the proposed detached garage. Director Darling explained that there are no other buildings and noted that they are allowed to have a dock without impacting their two garages. Commissioner Riedel noted that may be something that needs discussion, because a dock counts as an accessory structure but does not count towards the maximum of three. He stated that he thinks the area of the dock should be included in the calculation of the 1,200 square feet allowed. Commissioner Gorham asked why this project is not subject to the City's tree preservation policy. Director Darling explained that it was because they are not re- developing the property. Commissioner Gorham asked if the City could put any kinds of restrictions or make any recommendation regarding trees. Director Darling noted that the applicant had included a tree plan as part of their application and noted that the Commission could make a recommendation that this CUP comply with the tree preservation ordinance and policy. Commissioner Riedel noted that is not something the Commission has done in the past for this type of application. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 5, 2019 Page 4 of 8 John Daly, Revision, LLC stated that he is available for questions and noted that the homeowners are present as well. Chair Maddy asked where the floor drains will drain. Mr. Daly stated that the floor drains will daylight and they have discussed it with staff to make sure that is acceptable. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:30 PM. There being no comment, Chair Maddy closed the Public Testimony at 7:30 PM. Eggenberger moved, Davis seconded, recommending approval of the C.U.P — Accessory Area over 1,200 Square Feet, for Revision, LLC, for property located at 26820 Edgewood Road, subject to conditions listed in the staff report. Motion passed 5/0. 4. OTHER BUSINESS A. PRE - APPLICATION SKETCH REVIEW Applicant: Pulte Homes Location: 25400 State Highway 7 (Vacant Parcel) Director Darling stated that this is a request from Pulte Homes for informal comments on a sketch plan for a townhouse development at 25400 State Highway 7. She stated that the concept includes thirty -eight townhouses on a cul -de -sac that would connect to Eureka Road. She described the neighborhood context and property information. She noted that if the applicant came forward with an official application, they would need a comprehensive plan amendment and the site would need to be rezoned to PUD. She stated that the applicant is Planning Commission and City Council thinks about the layout, density and likely flexibility before moving ahead with a formal application. Commissioner Riedel asked about the wetland buffer rule. Director Darling stated that the proposal for the plan is a 35 -foot wetland buffer and a 15 -foot structure setback to the buffer. The Commission discussed street width, existing wetland and possibilities to mitigate on site Commissioner Gorham asked about the possibility of extending City water to this area. Director Darling noted that the watermain is on Eureka and, in the future, could be extended through this development to Seamans Drive. Paul Heuer, Pulte Homes, 7500 Flying Cloud Drive, Suite 670, Eden Prairie, gave a brief PowerPoint presentation explaining plans for the townhome development at 25400 State Highway 7. He noted that they are in the early stages and have a lot of work yet to do. He stated that they have not surveyed the property and have only completed a wetland delineation. Commissioner Riedel asked if the planned pond would be ornamental or for stormwater management. Mr. Heuer explained that it may be both but it will depend on the rules, soil types and elevation in the area. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 5, 2019 Page 5 of 8 Commissioner Riedel cautioned that an ornamental pond may not serve the purpose of a stormwater pond. He noted that the City rules are more restrictive than the watershed district rules. Chair Maddy asked why Pulte Homes hadn't purchased the yellow home on the corner of the parcel, so the homes could be spread out more. Mr. Heuer stated that they were not sure if the City would support their plans so they didn't want to waste anyone's time looking for additional property, which is why they are coming in with this on a conceptual level. He stated that if there is interest and support from the City, they do plan to approach that property owner. Commissioner Gorham asked if there were architectural elements that may make these homes more suitable for an older, empty nester type couple rather than a younger market. Mr. Heuer stated that they have designed the homes to be versatile so there are options that people can choose such as a different style of tub that would work for an older client. Chair Maddy stated that although this is not technically a public hearing, he would like to allow members of the audience to give their feedback on the concept. Don Penn, 5910 Eureka Road, stated that he moved back to Minnesota ten years ago and chose the City because it did an amazing job back in the 1950s planning the community by having 1 -2 acre lots for single family homes. He stated that he chose not to move to Chanhassen because they have a lot of this type of medium density housing which he hates. He stated that he appreciates the builder having to abide by the City's rules but feels it is nothing more than a cash grab. He stated that he is also opposed to the permanent conversion of the City's wetland and forest with additional slab housing. He does not think this is consistent with the City's values or the community and doesn't think it is necessary. He explained some of the existing traffic issues with Eureka Road and noted that he feels adding homes to that particular corner would be a bad decision. He stated that if the City decides to move ahead with this project, he asked that a traffic light be installed at that corner. Ellen O'Brien, 25725 Smithtown Road, stated that she agrees with Mr. Penn. She stated that walking, riding a bike or pushing a stroller down Eureka Road or Smithtown Road is like taking your life into your own hands. She noted that she has almost been hit three times just getting her mail and has seen a child hit while riding his bike. She has contacted the Council, the police department and the mayor expressing concerns about the traffic issues in this area. She stated that she feels adding 38 additional homes to this road would be insane. She stated that they love the City and chose it for the single - family home on a large lot and does not want to see developments squeezed into areas that don't make sense for the City. Sandy Finke, 6060 Seamans Drive, stated that she has major concerns about these homes because many of them will be looking directly at her back yard. She stated that they have lived here for 29 years and moved to Shorewood for the large lots. She stated that there is wildlife in her backyard and the nearby area. She noted that adding a 38 -unit medium to high density development would change the whole area and higher density does not fit on this property. She stated that the proposed homes are three stories high which is higher than anything else in the area. She stated that she was on the traffic study committee for the golf course property when they were adding 144 homes. She stated that they had made a lot of recommendations to alleviate traffic concerns in the area and nothing has been done and now there is a proposal for an CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 5, 2019 Page 6 of 8 additional 38 homes without anything having been done. She reiterated that this area is already congested with existing traffic. She stated that she does not want the traffic study commission that she served on to have just been lip service. She stated that there is standing water throughout the summer on this property, so it is wetland. Eileen Andersen, 6030 Seamans Drive, has lived here for three years. She asked the Commission to take into consideration the seriousness of adding this many new cars into the existing situation. She stated that she has almost been run over numerous times and has also contacted the City and the police department. She stated that she agreed with Ms. Finke that this area is wetland because it is often times wet. She stated that she loves the wetland and the wildlife in the area, but her main concern is safety and the reality of the existing traffic situation. She stated that she does not think this kind of higher density housing fits the character of the City at all. Dustin Alden, 25730 Smithtown Road, stated that he also has concerns about the current traffic situation on Eureka Road. He stated that even if the number of homes were reduced down to 25 that would still be too many vehicles to add. He stated that he has also almost been hit crossing the road. He stated that he does want to see them come in and bulldoze the property and remove all the trees to simply come in and plant saplings. He stated that he is within the demographic group that these homes are supposedly designed for and he feels that they will not sell easily. He stated that when the country club project came about, he thought it was a great idea, but he has driven through the area and almost all the trees are gone and every house is pretty much the same. He stated that kind of development is not "Shorewood" to him. Bob Finke, 6060 Seamans Drive, he asked the Commission to take a look at the single - family home to the north of this area and see how it is dwarfed by the townhomes. He stated that this development will be a single solid line of buildings about 120 feet away from his home. He stated that people like the large lots in Shorewood and he feels the new golf course homes are medium density because of the proximity of the homes to each other. He stated that he is not in favor of this project. Robbie Hill 5930 Seamans Drive, stated that he agrees with all the points that have been made and does not support this project. Don Penn, 5910 Eureka Road, stated that this, in his opinion, is precedent setting for the City. He cautioned the Commission that if this is allowed the City will be bombarded with other developers trying to pack in similar type of housing into tight spaces throughout the City. Chair Maddy closed the unofficial public testimony at 8:35 P.M. Planning Director Darling reminded the Commission that the applicant is looking for informal comments and noted that she had included some in the packet, which they may add to, delete, or amend. Commissioner Davis stated that she shares the grave concerns shared by the residents tonight regarding the traffic concerns along Eureka Road. She does not think this is a good use of this property because of the traffic. Commissioner Eggenberger stated that he believes comments 3 through 14 are common sense and the two main questions are the first two items in the comment list of the packet. There was a Consensus of the Commission to agree to comments 3 through 14 CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 5, 2019 Page 7 of 8 Commissioner Riedel stated that he agreed with the concerns about trees and with the amount of wetland and stormwater management necessary for the amount of homes proposed, and that it presents a challenge for just seven acres. Chair Maddy suggested that the Commission talk about density. He stated that this is currently zoned R -1A which is minimum density residential which requires 40,000 square foot lots. He stated that there aren't many re- developable lots left within the City and noted that he also has concerns about density and the traffic along Eureka Road. Commissioner Gorham stated that he thinks this is a great idea that is considering the wrong location. Commissioner Riedel stated that he agrees with the concerns raised about density and traffic in the area. He stated that he also has concerns about the height of these structures being so much higher than the surrounding homes. He asked if MnDot would accept a request for a stop light at Eureka Road. Planning Director Darling stated that it is unlikely without any kind of official traffic study documenting that traffic conditions would meet warrants. She stated that it would be very unlikely to have a traffic signal at this location as it is now. Mr. Heuer explained the different types of traffic warrants that have to be met before a traffic signal can go in. Commissioner Riedel asked if Pulte Homes was willing to pay the cost for a traffic study on Eureka Road. Mr. Heuer stated that if there was enough positive feedback on the project, they would be willing to spend the money for a traffic study. Commissioner Eggenberger asked if the City could ask for a traffic study without committing to any of the rest of the items. Planning Director Darling stated that with any Comprehensive Plan amendment a traffic study would be required. She stated that to spend $15,000 on a traffic study when there is no support for the development would not be logical. Mr. Heuer stated that there is a lot he doesn't know about the site and the traffic situation. He noted that there might be a way to do some work behind the scenes without spending a lot of money, such as taking a look at the traffic study that was done for the Minnetonka Country Club project. The Commission discussed density requirements and Met Council density goals that are included in the Comprehensive Plan. There was a Consensus from the Commission that the density proposed is not acceptable and that the setback flexibility for the clustered development is acceptable. 5. MATTERS FROM THE FLOOR Commissioner Eggenberger expressed his appreciation for the work that was done on the redesign of the City website. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 5, 2019 Page 8 of 8 6. REPORTS Liaison to Council Council Liaison Labadie reported on matters considered and actions taken during Council's January 14, 2019, and January 28, 2019 meetings (as detailed in the minutes for those meetings). She noted that she had attended the League of Minnesota Cities training session for experienced elected officials and noted that she would like to say, based on the stories that were shared by other councilmembers, she thinks the City has one of the best Planning Commissions around the State. Commissioner Gorham noted that he would also like to point out that the City has a great leader in Planning Director Darling. • Draft Next Meeting Agenda Planning Director Darling stated there are two minor subdivisions and a variance request that is coming back from the Council with new information for the March 5, 2019, Planning Commission meeting. Planning Director Darling announced that this will be Commissioner Davis's last meeting after serving for sixteen years in the City. There was a round of applause for Commissioner Davis. 7. ADJOURNMENT Riedel moved, Davis seconded, adjourning the Planning Commission Meeting of February 5, 2019, at 9:09 P.M. Motion passed 5/0.