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05-21-19 Planning Commission MinutesCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 21, 2019 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Eggenberger, Gorham and Gault (arrived at 7:03 P.M.); Planning Director Darling; and, Council Liaison Labadie Absent: Commissioner Riedel 1. APPROVAL OF AGENDA Gorham moved, Eggenberger seconded, approving the agenda for May 21, 2019, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES May 7, 2019 Eggenberger moved, Gorham seconded, approving the Planning Commission Meeting Minutes of May 7, 2019, as presented. Motion passed 3/0. Commissioner Gault arrived at the meeting. 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. Club Lane Villas — Comprehensive Plan Amendment/Rezoning to P.U.D. /Concept and Development Stage P.U.D. /Preliminary Plat Applicant: Lake West Development, LLC Location: 24845 Smithtown Road and 5810 Club Lane Chair Maddy opened the Public Hearing at 7:05 P.M. noting the procedures used in a Public Hearing. Planning Director Darling explained that Lake West Development, LLC has requested a Comprehensive Plan Amendment, Rezoning, P.U.D. and Preliminary Plan for Club Lane Villas. Club Lane Villas would subdivide the two parcels into nine lots for single family villa style homes. She gave a brief overview of the subject properties and the project. She stated that the CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 21, 2019 Page 2 of 8 existing homes and buildings would be removed. She gave an overview of the plans to reconstruct Club Lane further west from its present location and widen it to 24 feet. She stated that the applicant is proposing to extend water through to the south end of Club Lane and construct services to existing homes so the roadway would not be disturbed in the future if they decided to hook up. She stated that the applicant is requesting PUD flexibility to provide additional lots and lesser front and side setbacks as well as reduced side -yard easements, including a narrower cul -de -sac dimension. She stated that there are still some design issues that the applicant needs to work out. She recommended that the public hearing be opened and public testimony be taken this evening and then continue the item to give the applicant time to address the issues. She noted that the City had received one e-mail from Aaron Hatz at 5765 Club Lane expressing concerns about the density of the proposal and indicated the letter was attached to the staff report and part of the public record. Commissioner Gorham noted that the staff report mentioned that there were other possibilities for stormwater expansion and asked if those would also require easements. Planning Director Darling stated that the other proposals would also require easements but there are many options are to encourage infiltration, such as a rain garden or filtration basins. Commissioner Gault stated that the application states that the lot widths for the villa homes were based on the Minnetonka Country Club development single level homes and asked what the approved lot width was for that development. Planning Director Darling stated that most of the lots were around 53 to 54 feet wide and that they are all one -level Commissioner Gault confirmed that width was contingent on them being single level homes. Planning Director Darling reviewed the right -of -way, the cul -de -sac, and the access for the existing residence that currently has access off of Club Lane and would be changed to the cul- de -sac. Chair Maddy noted that this was not shown on the concept plan. Commissioner Eggenberger asked where the water from the stormwater treatment pond would flow. Planning Director Darling stated that it would follow the natural drainage for the area. She noted that their proposal includes a catch basin at the cul -de -sac on the south end and all the water would be routed to the pond on site with a pipe connecting the applicant's pond to a pond in the Minnetonka Country Club. Commissioner Gault stated that he assumed the holding ponds within Minnetonka Country Club were designed to hold their own water and not that of nearby properties. Planning Director Darling explained that this developer is required to provide rate and volume control so the water isn't leaving the site faster. Commissioner Gault stated that it would still flow into the Minnetonka Country Club development. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 21, 2019 Page 3 of 8 Planning Director Darling noted that it would but the developer is required to submit the final details indicating that this pond would not overwhelm the MCC pond. Commissioner Gault stated that the concept design appears to be a full basement with a walkout. Planning Director Darling stated that there are no walkouts on the backside Commissioner Gault stated that it appears as though there is a patio on the drawings and asked if there was no access to the patio area from the building. Planning Director Darling stated that it shows a patio on the lower level with sliding glass doors, but she thinks that this was perhaps left over from other drawings from the developer. She stated that this can be clarified with the developer. Chair Maddy confirmed that the existing drainage on the site is already heading towards the Minnetonka Country Club property. Commissioner Gault stated that the proposed hard surface coverage is significant which he feels will create a major impact on the flow. Commissioner Eggenberger asked how much room there is between Lot 9 and the existing residence. Planning Director Darling stated that the drawings show a 5 -foot easement and a 7.5 -foot setback for all the lots. Chair Maddy stated that the City relaxed the zoning on this parcel about a year ago to match the surrounding properties, but there were additional burdens added such as a requirement for a cul -de -sac. He stated that it appears as though the developer is making the argument that they cannot afford the project cost of putting in a cul -de -sac without the greater number of lots. Planning Director Darling stated that the road widening and improving to City standards, the turnaround, and the water extension are all expensive improvements. Perry Ryan, Lake West Development, 14525 Highway 7, Minnetonka, gave an overview of the proposed project. He stated that the villa homes are narrower and they are proposing lot widths of 56 feet wide, with a few wider to accommodate easements. He stated that they had used the fire department's apparatus that measures the turnaround area in order to come up with their proposed measurement. He noted that the costs for the infrastructure for the sanitary sewer and water will be borne by the developer and not the City or the nearby residents. He stated that there will be a homeowner's association formed as part of the development with common area maintenance. He stated that there was an error and there is not meant to be any two -story homes in the development, but they would like the flexibility to have one and a half -story homes in order to put in some lofts on some of the properties. He noted that they are proposing the same distance between the units as well as the massing that is currently present in Minnetonka Country Club development. He stated that he believes all of the issues brought up by staff are resolvable. He reviewed some of the setback requirements and the cul -de -sac turning radius. He stated that infiltration may be difficult in this area because the soils are pretty thick. He stated that he thinks their overall plans bring a lot of positive things to the neighborhood, even to the existing residents. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 21, 2019 Page 4 of 8 Commissioner Gault asked if Lake West Development was proposing to build all the units themselves. Mr. Ryan stated that they would not, but would contract with the builders. Commissioner Eggenberger stated that the space between the units looks fine except for the home near lot nine. He asked if the developer had given any thought to only putting in eight lots rather than nine. Mr. Ryan stated that they have always planned to put in nine lots. He stated that in looking at the aerial photos, that neighboring property will be from twelve to twelve and a half feet from the property line. Commissioner Gault stated that he thinks the whole issue can be addressed by shifting everything to the north by about 10 feet. Chair Maddy asked if the villas would be walkouts. Mr. Ryan stated that was an error and these homes will not have walkouts. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:40 P.M. Aaron Hatz, 5765 Club Lane, stated that when he looked at the Hennepin County site, he came up with a total of 2.47 acres and the notice of the hearing stated 2.79 acres. He stated that his measurements would show a maximum of 5.4 lots. He stated that he is not a fan of the proposed density with 9 lots and asked that the City would stick with the current zoning. Alicia Rondeau, 5830 Club Lane, stated that she and her husband are very opposed to rezoning the property and building 9 units in this location. She listed off the reasons that they moved to the City and asked why the City would once again rezone this property when it was just rezoned a few years ago. She asked what value these 9 villa homes would bring to the City. She noted that she had taken a look at meeting minutes from 2016 and Chair Maddy had stated that he was not in favor "spot zoning" and asked if the City would be considering only rezoning the 2 parcels being discussed or the whole area. Chair Maddy stated that the Commission is only considering the two properties being proposed. Ms. Rondeau asked that even if the Commission only considers rezoning those 2 parcels that they consider traffic and the surrounding road conditions in their decision. Planning Director Darling stated that she did not think a full traffic study would apply in this situation because it is only 9 homes. She stated that the general thought for traffic is that there would be ten trips per unit for a total of 90 homes - forty -five in and forty -five out - per day. Ms. Rondeau asked if a traffic study was completed after the development of the Minnetonka Country Club. Planning Director Darling stated that there was no engineering traffic study conducted. She noted that for the Minnetonka Country Club development, there was a citizen committee that recommended improvements to adjacent roadways and some of those have been incorporated into the design. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 21, 2019 Page 5 of 8 Ms. Rondeau stated that the area is very congested and feels that there should be some thought and study put into the traffic in the area before any rezoning is considered. She stated that when the development at the Minnetonka Country Club went in, they were happy with the proposed plans because even though there were over 100 homes going in, the exchange for the people in the City was the greenspace, trails and ponds. She stated that the reality is that they get a lot of trash in their yard from the development and the ponds and trails are all full of trash as well. She stated that she does not see a lot of value in the proposed villas and asked if the developer owned the land yet. Ms. Rondeau stated that she had looked at the developer's website and noted that they stated that building more homes on a smaller footprint benefits the local restaurants and businesses. She stated that Shorewood was established as a residential community and does not have a lot of businesses or restaurants itself, and most are in the surrounding communities. She noted that bringing in more residents would really just support Excelsior and Tonka Bay businesses. She stated that she did not think bringing in 9 villa style homes would add much to the tax base and feels keeping half acre lots and building homes in the style of the Gonyea or Lennar Homes would be a better fit. She stated that the plans show removal of thirty -five trees and only planting twenty -one trees. She noted that when her neighbor rebuilt, they were required to put in three trees for every one that was taken down and asked why this wasn't the same calculation used for this project. Planning Director Darling explained that the tree replacement policy is three for one replacement up to a maximum of eight per acre. Ms. Rondeau stated that they were present for the massacre of the trees on the Minnetonka Country Club development so it is disappointing to see that thirty -five trees will be taken down and only replaced with twenty -one. She reiterated that she and her husband are 100% opposed to rezoning this property and building the 9 villa homes. Commissioner Gault asked for clarification from Planning Director Darling on the tree replacement policy. He gave an example of having a one -acre lot where he removed sixty trees and asked if he would only have to replace eight trees. Planning Director Darling stated that this was correct. Chair Maddy stated that Ms. Rondeau had asked what the value of this development would be to the City. He stated that he would guess the developer would see the improved street, the cul -de -sac and access to City water. He asked what Ms. Rondeau's opinion would be on that answer. Ms. Rondeau stated that her understanding of the rezoning process in 2016 was that any developer that came in to build would have to widen the road and put in a cul -de -sac regardless of how many homes were put in. She stated that her point is she thinks most residents saw the Minnetonka Country Club as a good value added to the City and right now based on what she has seen for this proposal there are more negatives than positives. Commissioner Gault asked about the current parking situation on the street. Ms. Rondeau stated that it is not good because it is a tight fit. Commissioner Eggenberger asked if Ms. Rondeau had a two -level home. Ms. Rondeau stated that it is basically a two -level home because it was an old farmhouse that has been redone. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 21, 2019 Page 6 of 8 Commissioner Gault stated that the villa homes have two car garages and asked how many additional parking spots are in the driveways with the proposed setbacks. Planning Director Darling stated that the developer is proposing a setback of twenty feet which would provide two additional spaces on the driveway and the new street will be wider which would also allow additional parking. Shirley Bergslien, 24785 Smithtown Road, stated that Club Lane is very narrow and traffic is already very heavy. She expressed concern about the proposed plans and the safety of her neighbors with the additional traffic it will bring. She stated that she thinks the proposed cul -de- sac is a good idea but asked if it really needed to be nine homes in this project. J.P. Rondeau, 5830 Club Lane, stated that he hopes the Commission is able to put themselves into the shoes of the residents on their little road and do what is best. He stated that the cul -de- sac and street improvements will come with anyone that develops the property regardless of the amount of homes. He stated that he is a business person and understands this property is hard to sell with just four or five lots because of the costs associated with the road improvements. He stated that he understands the dilemma, but that is not the existing residents' problem. He stated that this neighborhood is a great, beautiful, little neighborhood and this proposed plan would drastically change that dynamic because of the density and the loss of trees. He reiterated a point his wife made that Shorewood is a residential area and is not Minneapolis, because it gives people the ability to have a nice yard and a nice neighborhood. He once again asked the Commission to put themselves in the shoes of the neighborhood residents and think about a decision from that perspective. Mike Neilon, 5795 Club Lane, stated that he agrees with everything the others have already said. He noted that his concern that hasn't yet been raised is the safety of children in the area with the density and the increase in traffic that it will bring. He stated that they just heard about this proposal one week ago. He stated that they moved from Chanhassen to Shorewood so they could have an acre lot. He stated that his concern is personal because he has had young family members hit by cars in a condensed neighborhood similar to what is being proposed. He stated that if these nine homes are put in, as long as they live on Club Lane, they will have anxiety whenever the children are outside. He reiterated Mr. Rondeau's plea that the Commission put themselves into the shoes of the people living in this neighborhood. He stated that nine homes is too much and does not want greed to dictate what the community becomes. Jim Quast, 24800 Smithtown Road, stated that when Christopher Lane was put in there were nine homes put onto six acres. He asked why the City was considering building this many homes in such a small space. He asked if there was opposition to having large yards. He stated that he thinks putting nine homes in this location is too much and expressed concern about snow storage with this many additional homes and vehicles. He stated that he thinks there are many more negatives than positives with this proposal. Josh Reidel, 5815 Club Lane, stated that he opposes the nine villas and agrees with everything that has already been stated. He stated that he cannot wrap his head around the proposal. He questioned why the cul -de -sac proposed is a substandard size and asked why the rules would be changed to allow this and noted that he feels they should have to follow the same rules as the Minnetonka Country Club development. He reiterated that he is 100% opposed to this proposal. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 21, 2019 Page 7 of 8 Chair Maddy closed the Public Testimony portion of the Public Hearing at 8:11 P.M. Chair Maddy noted that staff had recommended continuing this to the next meeting in order for the developer to address some of the issues brought up in the staff report. Curt Fretham, Lake West Development, stated that they understand the concerns that have been raised and will do their best to address them. He stated that they did look at other possibilities and building just four or five homes just doesn't make the bottom line work in this situation. He reviewed some of the other options that were considered but noted that they would not involve the costs associated with street improvements. He stated that if they have to cover the costs of street improvements and water hook ups, they need to put the larger amount of homes in. He stated that they could just put in one house on the property, but then they would not do any street improvements. Commissioner Gorham stated that he does not necessarily think the developers are greedy or mean - hearted. He stated that the question becomes how is Club Lane placed within the context of the City as a whole, and into Minnetonka Country Club. He stated that the developer is trying to look at this in conjunction with the Minnetonka Country Club development and the residents on Club Lane are asking for it to be considered on its own. He stated that he is not in a "cut a deal" mode right now and can only talk about what is in front of him and to him, the proposal seems like too much. He stated that he understands staff's recommendation to table this in order for them to address some of the issues raised in the report, however, he doesn't think anything they will be able to show will make him change his mind and support the project. Commissioner Gault stated that he agrees that the proposed P.U.D. goes right to the heart of changing the character of the neighborhood and does not think the Minnetonka Country Club P.U.D. should be used as a comparison because that was essentially a large undeveloped piece of property, not an existing neighborhood. He stated that he agreed that he did not think that this proposed plan is in keeping with the nature of the City. Commissioner Eggenberger stated that he does not think the developers are greedy either nor are just businessmen looking to maximize their profit. He stated that he understands that people do not want change but feels that smaller homes and smaller lots will become a reality, even in Shorewood. He stated that he agrees with the other Commissioners that he does not think this proposal fits in this neighborhood. Chair Maddy stated that he agreed. Mr. Fretham asked if the Commission could go ahead and call for a vote rather than continuing it to the next meeting. Chair Maddy stated that it appears as though it is moving in that direction. Gault moved, Eggenberger seconded, recommending that the Council deny the request for a Comprehensive Plan Amendment, Rezoning, PUD (Concept and Development Plan) and Preliminary Plat for "Club Lane Villas" at 24845 Smithtown Road and 5810 Club Lane. Motion passed 4/0. Council Liaison Labadie asked Chair Maddy to explain the next process since the Commission has voted unanimously to deny the request. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 21, 2019 Page 8 of 8 Chair Maddy stated that the developer may pull their application, but the next step would still be to move it to the Council for discussion. Chair Maddy called a brief recess at 8:25 P.M. and reconvened the meeting at 8:27 P.M. 4. OTHER BUSINESS — NONE 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS Liaison to Council Council Liaison Labadie reported on matters considered and actions taken during Council's May 13, 2019, meeting (as detailed in the minutes for that meeting). She noted that an offer was extended on behalf of the Fire Board for a new Fire Chief and the deadline for acceptance is May 22, 2019. She stated that she has asked for an accounting for the money spent on fireworks for the Firecracker 5K. She explained that she asked that a family cap be considered for the event to make it more affordable for families to run in the events, and was told that much of the money goes towards fireworks. She stated that she knows all the area communities and many businesses also contribute to fireworks so she would like to see the accounting for the fireworks. She encouraged residents and Commissioners to contact Tim Litfin at Community Ed with any of their concerns and feedback about their events. Draft Next Meeting Agenda Planning Director Darling stated there is a concept stage development and proposed Comprehensive Plan amendment for the area north of Highway 7 near Eureka Road; an informal review of a draft ordinance amendment on removing the CUP requirement for larger accessory buildings; a CUP for an oversized garage; and a CUP for a specialty fence for a taller batting cage slated for the June 4, 2019 meeting. Commissioner Eggenberger noted that he will be out of town for the June 4, 2019 Planning Commission meeting. Planning Director Darling noted that the Met Council has released updated population counts and are saying that Shorewood has 7,693 people which is less than the City had last year. She noted that it is interesting because the City also had seventy new homes built last year. 7. ADJOURNMENT Eggenberger moved, Gault seconded, adjourning the Planning Commission Meeting of May 21, 2019, at 8:37 P.M. Motion passed 4/0.