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10-22-2019 Planning Commission Minutes CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, OCTOBER 22, 2019 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and Council Liaison Siakel Absent: None 1. APPROVAL OF AGENDA Riedel moved, Eggenberger seconded, approving the agenda for October 22, 2019, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  September 17, 2019 Eggenberger moved, Gorham seconded, approving the Planning Commission Meeting Minutes of September 17, 2019, as presented. Chair Maddy noted that on page 4, there was a vote on a motion and the abstention is denoted in the incorrect order and should state “4-0-1 (Riedel abstained)”, not 4-1-0 as is stated in the minutes. Eggenberger amended his motion, Gorham seconded the amended motion, to approve the Planning Commission Meeting Minutes of September 17, 2019, as amended. 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. PUBLIC HEARING – P.U.D. Amendment to Reduce Front Setback for Certain Lots on Prestwick Court – Minnetonka Country Club Applicant: Gonyea Homes Location: 5820, 5840 and 5860 Prestwick Court Chair Maddy opened the Public Hearing at 7:04 P.M. noting the procedures used in a Public Hearing. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 22, 2019 Page 2 of 5 Planning Director Darling explained that the applicant has proposed amending the setbacks for three homes on Prestwick Court in order to save one or two mature oak trees. She gave an overview of the location of the lots and noted that the buyer for the lot at 5860 Prestwick Court is only interested in purchasing the lot if the mature oak tree can be saved. She stated that they are proposing to build the home closer to the street to protect the majority of the drip line area. She explained that staff had some concerns about the street view if there is only one house located on the angled portion of the street. She stated that because of this concern, she asked the applicant to include the two lots to the north as part of the PUD amendment. She noted that the setbacks along Prestwick Court are not consistent because of the idea that they may be able to save some of the trees. She noted that staff finds that the request meets the standards for the PUD. Commissioner Riedel stated that there are recommendations that appear to be designed to protect the trees from damage during construction. Planning Director Darling stated that staff is recommending that the applicant consult with an arborist or landscape architect on the appropriate construction techniques to minimize the impact of construction on the trees. She stated that the other conditions were to install tree preservation fencing around the drip line and not to have grading or alteration on the site prior to the building permit. She noted that there has already been mass grading on the site, but these areas were protected with the hope that they could be saved. Chair Maddy confirmed with Planning Director Darling that these were conditions attached to the building permit. Commissioner Eggenberger asked what would stop the homes on 5840 and 5820 from being built on the original setback. Planning Director Darling stated that she did not require them to be built forward because all of the setbacks are minimum, but noted that the Commission could do a “build to” line so they are as close to the street as the lot at 5860. Chair Maddy asked if 5880 was still under the applicant’s control. Planning Director Darling stated that she believes lot at 5880 is currently in for a Building Permit. Chair Maddy stated that his suggestion was going to be whether the City could push it forward five feet so there is more of a contour similar to what was done across the cul-de-sac. He stated that to do that may require an additional Public Hearing. Planning Director Darling stated that because of the road layout, she did not think that lot posed much of an issue. She stated that the Commission could still discuss the idea with the applicant. Rick Packer, Gonyea Homes, stated that the survey that they submitted shows where the home on 5880 would be and that he didn’t believe the change in setback would be as impactful. Commissioner Eggenberger asked if the applicant would be opposed to a “build to” line for lots 5840 and 5820. Mr. Packer stated that he would not oppose that idea. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 22, 2019 Page 3 of 5 Commissioner Riedel stated that he assumed the large silver maple on lot 5860 would be taken down, but noted that the large oak trees are beautiful and he understands why they would want them saved, if possible. Commissioner Gorham asked if the applicant typically had an arborist or landscape architect consult during the construction phase. Mr. Packer stated that they do not, but they have no issue with that being a requirement in this situation. Commissioner Gorham stated that the condition about the applicant consulting with an arborist or landscape architect is not the most detailed direction and could be interpreted in various ways. He asked if the Commission would want to more clearly define those terms. Commissioner Riedel stated that he agreed that the phrase “consult” could be construed many ways. He noted that in this instance, both the builder and the buyer have interest in preserving the trees, so adding conditions may not be necessary. He stated that if the Commission wanted to be more definitive, they could say something like, “A written recommendation be provided by a certified arborist.” The Commission discussed whether or not to add an additional condition regarding recommendations by an arborist. Chair Maddy suggested that a condition be added that states, “With each of the three lots, the applicant shall obtain a written tree care summary from a certified arborist.” Mr. Packer asked if this would mean that the homeowner for the other two lots would have to save the trees. He stated that he has no problem with the certified arborist working on 5860, but isn’t sure about the other two lots yet. Chair Maddy stated that the condition could be specifically for lot 5860. Mr. Packer stated that he is hopeful that the other owner will want to save the other significant oak tree. Commissioner Eggenberger asked if the Commission wanted to add a condition regarding the “build to” line as suggested. Commissioner Gault stated that he understands that the second oak tree is scheduled to come down but asked if the Commission could add a condition that it be preserved. Commissioner Riedel stated that he is strongly in favor of preserving the second oak tree, but questions whether this would be within the scope of the Planning Commission. He asked Planning Director Darling if a stipulation that trees cannot be cut would be in the purview of the Planning Commission. Planning Director Darling stated that the Planning Commission could make that a requirement. Chair Maddy noted that once the building permit is closed, the homeowners could decide to take down the tree. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 22, 2019 Page 4 of 5 Chair Maddy opened the Public Hearing for comment at 7:29 p.m. There being no public comment, he closed the Public Hearing. Riedel moved, Gault seconded, recommending approval of the PUD amendment for a 30- foot front setback for certain lots on Prestwick Court – Minnetonka Country Club, by Gonyea Homes for lots 5820, 5840 and 5860 Prestwick Court, subject to staff conditions as presented, and the additional condition that a certified arborist provide a written summary of tree care for construction on lot at 5860 Prestwick Court. Motion passed 5/0. Planning Director Darling stated that this will come before the Council on November 12, 2019. B. PUBLIC HEARING – PRELIMINARY AND FINAL PLATS FOR JARRETT ADDITION Applicant: Sathre-Bergquist, Inc. Location: 5315 Howards Point Road Chair Maddy opened the Public Hearing at 7:30 P.M. noting the procedures used in a Public Hearing. Planning Director Darling explained that the applicant would like to subdivide the property at 5315 Howards Point Road into two lots and construct one new home, with the existing home remaining. She stated that staff recommends approval based on the finding that the lots would be consistent with subdivision and zoning requirements and subject to the conditions as listed in the staff report. She stated that they are also recommending an additional condition that there be an encroachment agreement to allow the existing improvements to remain in place. David Pemberton, Sathre-Bergquist, Inc., stated that he is available to answer any questions the Commission may have. He stated that the homeowners’ plan is to build a new home on the northerly lot and then gift the existing home to a family member. Commissioner Riedel stated the engineer’s memo dictates that the applicant install stormwater management features and asked if any trees would be taken out for the holding ponds. Mr. Pemberton stated that they will not be taking out any trees for the infiltration basins. Commissioner Gault asked why the lot lines weren’t just shifted a bit in order to take care of the hard cover requirements. Mr. Pemberton stated that may be an option. Commissioner Gault noted that lots 1 and 2 were reversed between the staff report and the engineer’s memo. Mr. Pemberton clarified that Lot 1 is the larger lot with the existing home. Chair Maddy opened the Public Hearing for public testimony at 7:40 p.m. Planning Director Darling noted that staff received one e-mail regarding this item in support of the request. There being no additional comment, Chair Maddy closed the public hearing at 7:41 p.m. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 22, 2019 Page 5 of 5 Commissioner Riedel asked for clarification regarding the easement and whether the homeowner would be allowed to perform landscaping in that area. Planning Director Darling stated that in general, the City does not allow permanent improvements in drainage and utility easements without some type of encroachment agreement. Commissioner Riedel asked if planting shrubs would be considered a permanent improvement. Planning Director Darling noted that a permanent improvement would be a man-made structure. Gorham moved, Eggenberger seconded, recommending approval of the Preliminary Plat for Sathre-Bergquest, Inc. for property located at 5315 Howards Point Road, subject to conditions as listed in the staff report and that there be an encroachment agreement to allow the existing improvements to remain in the drainage and utility easement. Motion passed 5/0. 4. OTHER BUSINESS - NONE 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS • Liaison to Council Council Liaison Siakel reported on matters considered and actions taken during Council’s October 15, 2019, meeting (as detailed in the minutes for that meeting). She noted that the Council would be directing staff to enforce the current regulations regarding fire lanes and will add a future agenda item to this effect. • Draft Next Meeting Agenda Planning Director Darling gave an overview of the applications that will be on the agenda for the December 3, 2019, Planning Commission meeting. Planning Director Darling noted that Patti Helgeson will be retiring on November 15, 2019 after serving the City for 36 years. She noted that the interview process has begun for her replacement. 7. ADJOURNMENT Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of October 22, 2019, at 7:55 P.M. Motion passed 5/0.