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09052023 Planning Comm mtg Agenda Pack CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY SEPTEMBER 5, 2023 7:00 P.M. A G E N D A CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE GORHAM (SEP) _ _ EGGENBERGER (NOV) ______ HUSKINS () ______ HOLKER (OCT) ______ JOHNSON () ______ COUNCIL LIAISON CALLIES (JULY-DEC) ______ 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES  July 18, 2023  August 1, 2023 3. MATTERS FROM THE FLOOR (This portion of the meeting allows members of the public the opportunity to bring up items that are not on the agenda. Each speaker has a maximum of three minutes to present their topic. Multiple speakers may not bring up the same points. No decisions would be made on the topic at the meeting except that the item may be referred to staff for more information or the City Council.) 4. PUBLIC HEARINGS A. Shorewood Paddle Club – Comprehensive Plan Amendment, PUD Concept and Development Stage Plans Location: 24560 Smithtown Road Applicant: Admark, LLC. Request to continue this public hearing to the October 3, 2023 meeting B. Lake Park Villas – Comprehensive Plan Amendment Location: 24250 Smithtown Road Applicant: City of Shorewood Tentative City Council review date September 11, 2023 5. OTHER BUSINESS - None 6. REPORTS A. Council Meeting Report B. Draft Next Meeting Agenda 7. ADJOURNMENT CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JULY 18, 2023 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Gorham called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Gorham; Commissioners Eggenberger, Huskins, Holker and Johnson; Planning Director Darling; and, Council Liaison Callies Absent: None 1. APPROVAL OF AGENDA Huskins moved, Holker seconded, approving the agenda for July 18, 2023, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  June 6, 2023 Holker moved, Johnson seconded, approving the Planning Commission Meeting Minutes of June 6, 2023, as presented. Motion passed 5/0. 3. MATTERS FROM THE FLOOR – NONE 4. PUBLIC HEARINGS - NONE Chair Gorham 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 – PUD DEVELOPMENT STAGE AND PRELIMINARY PLAT (Lake Park Villas) Applicant: TSML Properties, LLC Location: 24250 Smithtown Road Planning Director Darling gave an overview of the PUD Development Stage and Preliminary Plat for the Lake Park Villas located at 24250 Smithtown Road. She explained that the applicant is proposing to subdivide the property into seven lots along with an outlot and construct seven new single and two-family dwellings. She stated that this portion of the review process is intended for the applicant to provide greater detail than in the previous level of review. She reviewed design details, setbacks, grading/export of fill, and reviewed the conditions recommended by staff. She noted that there were two letters received that indicated concerns related to traffic and the lack of sidewalk and trails in the area. She stated that staff’s position on the traffic situation is that CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 2 of 10 because the applicant is proposing a development that is under the density range shown in the Comprehensive Plan, their project would product fewer trips to and from the site than would be anticipated with other development on the site. Commissioner Holker asked about the height of the buildings, after they excavate and how it will compare to the neighboring buildings. Planning Director Darling stated that she believes they will still be higher than the entry to the Public Safety building, but will not be as high as the current house in relation to the building, because they are excavating the site to a lower elevation. Chair Gorham asked if the 13,000 cubic yards of fill would mean about 1,000 trips by dump trucks. He asked if staff had discussed queuing on Smithtown Road. Planning Director Darling stated that they have not at this point, but believes that there will be some discussion about spacing those trucks apart so the rest of the traffic can flow through the area. Commissioner Huskins asked how the City would audit the amount of fill leaving the site. Planning Director Darling stated that the applicant’s engineers give the City this information and noted that they do not have any reason to lie to the City about that number. She stated that she has not audited the trucks leaving the site. There will be a substantial change in the appearance of the site from the loss of the trees and the removal of the dirt. Commissioner Johnson asked about the plans for the trucks to leave the site via Smithtown to Oak Street and then to Highway 7. She stated that Oak Street is kind of congested and the intersection can get a bit crazy. She asked how long the trucks would be hauling material off of the site and what their hours of operation will be. Planning Director Darling stated that the Smithtown to Oak Street is the best route from the site as it is the shortest route to Highway 7. Commissioner Johnson asked how long this increased truck traffic would last. Planning Director Darling stated that would be a question for the developer and noted that the Commission could consider limiting the hours of operation, but cautioned that if they limited it too much though that would result in an increased number of days that the hauling will occur. Chair Gorham asked for staff opinion on how the applicant is proposing to replace trees, especially on the south side. Planning Director Darling stated that she believed that they are proposing an very strong restoration plan. Chair Gorham asked how long it takes for a Black Hills Spruce to mature. Planning Director Darling stated that she believed that if they planted them at a six foot height, there will be some pretty good growth over the next ten years or so and by fifteen to twenty years they will get to a pretty good height. She noted that some conifers live as long as seventy years. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 3 of 10 Chair Gorham suggested that for the Council presentation the developer come back with some of that type of information. He noted that he thinks the loss of trees is mostly what people are worried about. He asked if the existing retaining wall will be gone. Planning Director Darling stated that the retaining wall in the public right-of-way would be removed, but they are proposing a privately owned retaining wall along the entry drive as well as along the north property line to absorb some of the grade change. Chair Gorham noted that the plans show that there is not much of a grade change at the front whereas now it is pretty drastic. Planning Director Darling agreed that there is a pretty drastic grade change right now and explained that the reason that they are losing many of the front trees is because they are taking that retaining wall down and regrading the area. Chair Gorham asked about the chain of events for this application since it also has to go to Tonka Bay. Planning Director Darling stated that Tonka Bay has already approved the preliminary plat so things will be ‘married’ up again at the Final Plat stage. Chair Gorham asked if it would come back to the City if Tonka Bay made substantive changes in the plans. Planning Director Darling agreed that if substantive changes were made it would have to come back to the Commission. Commissioner Huskins stated that the staff report mentioned cooperation with Tonka Bay on public utilities and asked about cooperation on many of the recommendations that staff had specified. He asked what would happen, for example, if Tonka Bay said that the developer did not have to clean the road every day. Chair Gorham stated that he felt that was a good point because the extended rock exit is on Tonka Bay property, so he found it interesting that the City would be making a recommendation for something that was on Tonka Bay property. Planning Director Darling explained that she had spoken with the Tonka Bay planner before she included that recommendation and they had no objections to its inclusion. Commissioner Huskins asked which roadways were private and which were public. Planning Director Darling gave an overview of the roadways and clarified which were private and which were public and reviewed the exit and entry points. Commissioner Huskins asked about the possibility of ‘turn only’ lanes to modify Smithtown Road or were they not expecting there to be that much traffic to warrant that action. Planning Director Darling explained that there was not enough additional traffic to warrant additional improvements. Commissioner Johnson stated that she noticed that there were no street lights and asked if that would be a safety issue. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 4 of 10 Planning Director Darling noted that the building code requires one foot candle of light from the unit to the private drive which can easily be accommodated with lights on the building themselves which is what has been proposed. Commissioner Johnson asked if there was a stipulation that those lights would be kept on all night long. Planning Director Darling stated that she believes it will be left up to the resident. Commissioner Huskins asked about the impervious surface and how the proposed 43% compares with other residential areas. Planning Director Darling stated that with a straight zoning district, you would anticipate seeing 33% being the maximum that would be permitted. She explained that this was higher because they are increasing the footprint of each structures and also because a private drive counts as impervious where a public street would have been exempted out of the calculations. Commissioner Huskins asked if there was precedent within Shorewood for numbers at this level. Planning Director Darling stated that there was not in more recent developments, but there are for some similar numbers in some of the older developments, such as The Ponds and The Seasons. Commissioner Huskins asked what accountability the City would have in a flooding scenario on the site. Planning Director Darling stated that the developer would have to account for the stormwater and control it the same way the City would require for any development. Commissioner Huskins asked if there would be some sort of legal description that says the homeowners would indemnify the City against any liability for that type of action. Planning Director Darling stated that there was not and explained that the City is held generally harmless from those type of liability issues. Commissioner Johnson asked about the stormwater feature that is currently in a Hennepin County easement. She stated that it appears as though the applicant has proposed to vacate the easement and asked whether the County will let that easement go. Planning Director Darling confirmed that the County was generally supportive of losing the easement for the wall and would not have a need for an easement where the pond will be going in. Commissioner Holker stated that the developer will put the first 110 trees on the property and noted that there is usually a replacement policy with the landscaper for a certain period of time. She asked if the homeowner’s association was then on the hook to ensure that the 110 trees are maintained. Planning Director Darling explained that after a certain number of years she does not typically go back and do more inspections. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 5 of 10 Commissioner Holker stated that because of the slope, she would guess that a sixfoot tree would not block the first floor of the unit. Planning Director Darling stated that she would say that would be true for the trees on the east side and the south side of the development. Commissioner Huskins asked about the homeowner’s association and if there was a requirement for the agreement to be submitted to the City prior to the work beginning. Planning Director Darling confirmed that she would be asking for a draft of the agreement before the Council reviews the Final Plat application. She explained the types of things the City reviews when looking through a homeowner’s association covenant agreement. Commissioner Huskins expressed concern about the complications arising from this being part of two cities. He stated that he has only seen references to the public utilities and not other things about ensuring that both cities were fairly represented and will have a harmonized approach. Planning Director Darling assured Commissioner Huskins that she had looked through the Preliminary Plat reports that went to Tonka Bay’s council and saw that they have very similar language. She stated that if the Commission has specific issues that they are concerned about they can let the developer know. Commissioner Holker asked if the street was wide enough for street parking and if that was something that the City could not control because it was a private road. Planning Director Darling stated that it is a private road and noted that because of the amount of driveways, she thinks they will have a hard time having any on-street parking. She noted that it is also a fire lane and explained that generally there is not on-street parking in that situation. She stated that there are six parking spaces planned on the Tonka Bay side for guests. Chair Gorham invited the application to address the Commission. Todd Simning introduced himself and offered to answer Commission questions related to the development. Chair Gorham stated that his two main concerns are with the trucking and the loss of trees. He asked if there was an expectation to queue on Shorewood or backing into Smithtown. Mr. Simning stated that if trucks are coming they will most likely come down Highway 7 to Oak to Smithtown. He stated that he thinks it will be likely that they will pull into the commercial spot and back up into their area. He stated that he does not see any scenario where they would pull onto Smithtown and try to back up again because there is too much traffic. He noted that they are planning to redo the entrance to make it more palatable and have been working with the County on those details. Chair Gorham asked how long he felt it would take for the site to mature, with respect to trees. Mr. Simning stated that coniferous trees grow at about 1.5 feet per year and noted that he would expect in about five years for there to be roughly ten foot trees. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 6 of 10 Chair Gorham stated that this is a very visible site and has historical significance because of the old chocolate shop. He stated that because it will look so drastically different, he expects that there will be chatter from residents. He noted that in relation to historical significance, Lake Park was one of the largest hotels on Lake Minnetonka in the late 1800s and they are proposing to name the street, Buffington Lane, which was the name of the architect for the hotel. Commissioner Huskins asked about the model home and what kinds of variations would be available for these homes. Mr. Simning explained that they are hoping to offer three renditions (modern, classic, contemporary) and noted that all the exteriors will be the same. He stated that there will be three different color palates and then they can choose one of the three renditions for the interior look but noted that they were not trying to customize everything. He noted that he was not sure how they will depict these choices within their model home, but explained that they will have material examples for the different style of home for people to see. Commissioner Huskins asked how long it will take to fill out the development. Mr. Simning stated that he believes from start to finish, they will be there for two years. Commissioner Holker asked if they had seen any deviation in what they will have to charge for a price. Mr. Simning stated that they have always planned to be around the $1.25 million price range but noted that the single unit will be around $1.45 million. Commissioner Johnson stated that both comments that came in from residents referenced sidewalks and access to trails. She asked if there was anything that the developer was doing to attempt to address those concerns. She stated that in her opinion, they are valid concerns. Planning Director Darling stated that the developer’s site already has sidewalk in front of it, so the City is requiring protection during construction, or replacement. She stated that the City’s trail plan includes another trail segment on Smithtown Road from the intersection with Country Club and Smithtown all the way to Excelsior on one side of the road. Commissioner Huskins stated that he had previously asked the development what was ‘in it’ for Shorewood with this development. He stated that he believes that the answer at that time was that these would be properties that are attractive to people who are already Shorewood residents. He asked if Mr. Simning had given that question anymore thought. Mr. Simning stated that he had not given that question any additional thought. Commissioner Huskins stated that there was a project nearby that included ‘paybacks’ to the City of trails and wetland areas that preserved some of the beauty of the area. He stated that in blunt terms, it sounds to him as though Shorewood gets nothing out of this development other than seven properties to add to the tax base which he understands is valuable, but he struggles with whether that is a sufficient payback for the City. Mr. Simning noted that they were also providing density which is something that the City needs. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 7 of 10 Commissioner Johnson asked how much thought went into the actual pricing for these units. Mr. Simning noted that the units are about 3,000 square feet plus garage and porch space. He stated that the price for everything has gone up and stated that they also took into account the cost of materials and labor in their calculations and believes that they have been able to balance this in order to do the right thing for everybody. Commissioner Huskins asked if there were any recommendations in the staff report that Mr. Simning took exception to or if they were fine with all of them. Mr. Simning stated that they have been working behind the scenes with Planning Director Darling on everything and they do not have any issues with the staff recommendations. Commissioner Eggenberger asked about the road going into the parking lot and asked if they had a right to put that road up to the parking lot and use the parking lot to drive through. Mr. Simning explained that is their property going into the parking lot and noted that the commercial area has an easement to use their property. He stated that they are redoing the easement in order to make it a better intersection onto Smithtown and be able to look both ways and have more ease getting in and out. He noted that there is a right hand turn lane coming into the development which he thinks is a positive feature. Commissioner Johnson asked if the City was entertaining language that would make them move in lock-step with Tonka Bay. She stated that she just wants to make sure that there is not something that is of a material nature that has not been approved by the Commission. Mr. Simning stated that the development will have just one homeowners association that will cover everything and will not be anything different between Tonka Bay and Shorewood. Commissioner Huskins asked if Mr. Simning had spoken to the Planning Commission or Council beyond the concept phase with Tonka Bay. Mr. Simning explained that they have Preliminary Plat approval from Tonka Bay and noted that they are the exact same plans as what is being presented tonight. Chair Gorham opened the Public Hearing at 8:07 pm. noting the procedures used in a Public Hearing. There being no public comment, Chair Gorham closed the Public Hearing. Commissioner Holker stated that the first proposal that came before the Commission for this property had 44 units and brought about a much bigger concern for things like traffic. She stated that she feels this development will be jarring compared to what currently exists there, but thinks this proposal will be less jarring than a more dense development on that property. Chair Gorham stated that his concerns with this project are more temporary, for example when will the site look full and about the amount of earth work needed in order to get it the way they need it to be. He stated that he hopes it works out the way the developer has outlined it and there is not queuing and that they will create a ruckus on Smithtown Road. He stated that he agreed with Commissioner Huskins that it is always a good idea to ask why the City is doing something. He stated that he can remember seeing an old proposal for something like forty or fifty units on a hill which was a monstrosity. He stated that in that sense, this recent proposal is modest and does not create traffic concerns. He stated that he would love to see more businesses come and have the whole area be restaurants and shops, but this is a tough site to develop, so there has CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 8 of 10 not been a lot of interest. He stated that this developer is interested and has created plans that bring some density to the area which he feels is positive. Commissioner Huskins reminded the Commission that they had voted on the ‘monstrosity’ and passed it along to the Council. He stated that if that developer had not pulled out that was what would have gone on that property. Planning Director Darling reminded the Commission that they are referring to was a concept plan or sketch. Commissioner Huskins agreed but noted that approving a concept typically means approval of the plan. Planning Director Darling explained that it was a pre-application sketch so it was not a formal application at that point. Chair Gorham stated that his recollection was that the City Council was giving the applicant feedback and basically told them they were not crazy about the idea and there were concerns about accessing the Public Works street. Commissioner Johnson stated that if you look at all the parcels together, including the Public Works parcel, she feels this appears to be a kinder/gentler transition into the area than a more dense townhouse development. She stated that she really doesn’t like the trees going away, but of the options that she has seen, this would be a kinder and more gentle approach. She asked if people would see the fronts of the houses if they are driving by on Smithtown. Planning Director Darling stated that they will see the sides and back of the homes. Commissioner Johnson reiterated that she thinks this proposal is a better transition than putting tall buildings right next to each other. Commissioner Eggenberger stated that he does not think any development can happen without removal of some trees. He stated that he agreed with Chair Gorham that this is well thought out and well planned. He noted that he was not sure what else could be done with this property because of the Public Works facility and the Fire Department location. He stated that with giving back to the community, the scale is so small, he does not know what could be done. Commissioner Huskins stated that one of the Councilmembers from Tonka Bay put something on Next Door soliciting input from the community and he followed that situation where there were about one-hundred responses. He stated that he would estimate that about ninety-five percent of them were negative and did not want the development to be put in. He stated that they shared concerns related to traffic, a desire for commercial use, and questioning whether the City needed more million dollar homes. He stated that he feels there are legitimate concerns about developing homes on this property in this format. Commissioner Johnson asked if there had been any consideration by developers for a commercial development. Planning Director Darling stated that there was an informal proposed to staff a number of years ago to put in a luxury car condo storage facility. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 9 of 10 Commissioner Huskins stated that he did not vote to approve this at the concept stage, but he respects the decision that the Commission and the Council made and was approved. He stated that he agrees that this appears to be well thought out and makes sense, so he will hesitantly vote to approve this plan and hope for the best. Councilmember Callies indicated that in reviewing the application the City has discretion to turn down a PUD development stage plan and preliminary plat. Planning Director Darling explained that there are two separate applications with one being for the second stage of a PUD, the development stage, which is where the developer provides a significant amount of detail for the plans. She stated that it is coupled with a Preliminary Plat because they are subdividing the property and that is where you get the first look at the subdivision which is also the only look that the Planning Commission will have. She stated that the concept plan is more binding than a sketch plan would be, but there is still discretion with a PUD development stage and preliminary plat. Johnson moved, Holker seconded, recommending approval of the PUD Development Stage and Preliminary Plat (Lake Park Villas) for TSML Properties, LLC located at 24250 Smithtown Road, with the conditions as recommended by staff. Motion passed 4/1 (Huskins opposed). 5. OTHER BUSINESS A. Liaisons for September 25, October 23, and November 27 September 25 – Chair Gorham October 23 – Commissioner Holker November 27 – Commissioner Eggenberger 6. REPORTS • Council Meeting Report Council Liaison Callies reported on matters considered and actions taken during the Council’s recent meetings. Commissioner Huskins asked if the new Public Works software would provide something for residents to use or would it solely be for use by staff. He asked if SeeClickFix would become dormant. Planning Director Darling stated that SeeClickFix would not become dormant and was still the way for residents to communicate with the City. Commissioner Huskins stated that he would like to see there be some communication and follow- up when a resident enters an issue so they know its status and that someone is working on it. Planning Director Darling noted that the system should be sending notification to residents when a staff person is assigned a role to play in the issue. Commissioner Huskins referenced an item that he had submitted 15 months ago and noted that he was still receiving notifications about it even though the issue had been resolved. He stated CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 18, 2023 Page 10 of 10 that there is not place within the program where he can let anyone know that he did not want to continue receiving the notifications. Planning Director Darling stated that she would check into this issue. Commissioner Eggenberger stated that he would like to comment on the appointment of former Mayor Zerby to the Council and explained that he did not feel that this action was in the best interest of the City. He clarified that his opinion in this matter has nothing to do with former Mayor Zerby and explained that he had voted for him every time he appeared on the ballot. He stated that one of the elected Councilmembers stated that he did not want to work with Scott Zerby and the Council had six other qualified candidates that could have been chosen, however, following this statement, two of the Councilmembers doubled down on their selection of Scott Zerby. He stated that as an observer, it seemed to him that they had decided ahead of time that would be their vote. He stated that he believes that they could have chosen to select another individual and they declined. He reiterated that he feels that action was a mistake because now there will just be a more divisive Council for the next two years. Chair Gorham stated that he appreciated the sentiment but did not feel this was the appropriate format in which to share that opinion. He suggested that Commissioner Eggenberger speak with Council Liaison Callies outside of the meeting about this issue. Commissioner Eggenberger explained that he wanted to respond to Council Liaison Callies report to the Commission which was why he was sharing his opinion at this time.  Council Update Councilmember Callies reported on happenings at recent Council meetings. • Draft Next Meeting Agenda Planning Director Darling stated that at the next meeting there will be the rezoning of the site discussed this evening. • Update Sign Code Amendments Planning Director Darling stated that the Sign Code amendments will be coming back to the Commission at a future meeting. She also noted that the Met Council has given the City a revised population estimate that shows an increase and not a loss as the first draft did. 7. ADJOURNMENT Huskins moved, Holker seconded, adjourning the Planning Commission Meeting of July 18, 2023, at 8:40 P.M. Motion passed 5/0. CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 1, 2023 7:00 P.M. MINUTES CALL TO ORDER Chair Gorham called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Gorham; Commissioners Eggenberger, Huskins, Holker and Johnson; Planning Director Darling; and, Council Liaison Zerby Absent: None 1. APPROVAL OF AGENDA Huskins moved, Holker seconded, approving the agenda for August 1, 2023, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  July 18, 2023 Commissioner Huskins made note of a change need on page 9 of the draft minutes. He stated that the minutes indicated that ‘a member of the audience’ addressed the Commission and he believes that individual was Council Liaison Callies who was responding to a statement he had made. He gave an overview of his recollection the conversation that the Commission was having at the time. Commissioner Holker stated that she would agree with Commissioner Huskins recollection for that portion of the meeting. Planning Director Darling stated that she can review the recording, but believes that perhaps at that point in the meeting Council Liaison Callies’ microphone had not yet been turned on so the recording secretary could not decipher who was speaking at the time. She stated that she will check the recording and will amend the minutes so it matches the Commission’s recollection of that portion of the meeting. Holker moved, Johnson seconded, approving the Planning Commission Meeting Minutes of July 18, 2023, as amended, per discussion. Motion passed 5/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARINGS Chair Gorham 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 CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2023 Page 2 of 5 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 – REZONING FROM R-2A TO PUD (Lake Park Villas) Applicant: TSML Properties LLC Location: 24250 Smithtown Road Planning Director Darling gave an overview of the request by TSML Properties, LLC to rezone the property at 24250 Smithtown Road from R-2A to PUD. She stated that the proposal is for seven townhomes which would be owned individually and would also have four additional dwellings on adjacent land in Tonka Bay. She stated that the Commission has seen this application a number of times already and noted that after the Commission reviewed the original rezoning application, staff had asked the applicant to withdraw the application and submit it with their final PUD stage plan and final plat which they have done. She noted that the Council had approved the concept and development stage plan and preliminary plat, but they have not reviewed the rezoning application which will be necessary in order to allow the final approvals of the development. She stated that the applicant is proposing a PUD which will allow for flexibility for allowing things like innovations in design and higher standards of height and building design. She reviewed some of the proposed plans for the site such as grading, setbacks, and impervious surface. She explained that staff had reviewed the application details and were recommending approval. She noted that if the Commission did not concur and wanted to recommend denial she asked that they give staff some findings and they will draft a resolution to that effect before it goes to the Council. She stated that the City had received three letters on this application which were included in the staff report. Commissioner Holker asked about the calculation of hard cover on the property. She asked if she was correct that because this was a private road, it was included in the hard cover calculations, but if it were a public road, it would not. Planning Director Darling stated that was correct. Chair Gorham stated that she had mentioned that this parcel is currently zoned R-2A and referenced the calculation for a two-family dwelling being 10,000/dwelling. He stated that in the code it says that a two-family dwelling is 30,000 square feet and asked if he was reading this incorrectly. Planning Director Darling stated that she believes the 30,000 square feet was referring to the lot size and explained that the lot area per dwelling was 10,000 square feet. She clarified that the R-2A was 15,000 square feet for each dwelling. Chair Gorham stated that to him, it looks like the Commission should be using the 15,000 square feet in their calculations. Planning Director Darling apologized for the confusion by leaving that detail out of the staff report. She reiterated that for R-2B the per unit requirement is 10,000 square feet, they had asked to use the R-2B dimensional requirements, but either way the applicant was proposing 8,900 square feet. Chair Gorham clarified that the actual request is to go from R-2A to a PUD at 8,900 square feet per dwelling. He stated that this request is a bigger leap for him and asked if it was okay to be below the density guidance in the Comprehensive Plan. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2023 Page 3 of 5 Planning Director Darling explained that anything above the density guidance would require a Comprehensive Plan amendment. She stated that if the Comprehensive Plan was fully adopted, she would have required it to be below that amount but noted that the City may end up doing a ‘clean-up’ amendment behind this request. Chair Gorham asked if this was one of the revisions or if it was part of the ‘in process’ Comprehensive Plan items. Planning Director Darling clarified that it is not currently 6-8 homes per acre within the approved Comprehensive Plan, but will be when the revisions are approved. Chair Gorham asked if the Met Council was currently reviewing the City’s Comprehensive Plan. Planning Director Darling explained that the Met Council had given the City some comments and noted that she was waiting for the final draft from the consultants in order to submit it again. Chair Gorham asked what the Comprehensive Plan guidance currently said about this lot. Planning Director Darling stated that she believed it was 2-3 units/acre and noted that this request is in limbo as it is in between the two requirements. She stated that because the Met Council has not yet accepted the Comprehensive Plan, the guidance was not fully in place yet. Chair Gorham asked if there was any concern from staff about falling under that guidance. Planning Director Darling stated that they will meet the number of units directed without this parcel being at 6-8 units, but reiterated that she may have to do a clean up amendment to the Comprehensive Plan afterwards because it was still in transition. Commissioner Huskins asked if the Comprehensive Plan was specific to any one lot but throughout the City. Planning Director Darling explained that the City has a Comprehensive Plan for the entire City and there was also a Comprehensive Plan Land Use designation for this property. Commissioner Johnson stated that it doesn’t appear as though the City has much discretion in this situation because the preliminary plat had already been approved. She asked for clarification on what the scope of the Commission’s discretion at this point. Planning Director Darling stated that she believed that this is essentially a paperwork processing part of the application. She stated that once the Council is comfortable with what was approved through the concept and development stage plans and preliminary plat, her direction was to come back with rezoning with the final stage. Chair Gorham opened the Public Hearing at 7:23 P.M. noting the procedures used in a Public Hearing. Todd Simning, TSML Properties, LLC, stated that he is the applicant and was available to answer Commission questions if they had any. Commissioner Johnson stated that she saw something in the packet that stated that the east and north trees would be preserved as much as possible which she did not remember seeing the last time this was before the Commission. CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2023 Page 4 of 5 Mr. Simning stated that he thinks the idea is that they were not trying to take down everything and will try to preserve what they can. Planning Director Darling noted that the plans show every tree removed on the Shorewood side of the development. Mr. Simning stated that it will depend on the grading, but assured the Commission that they would try to save what they can, but admitted that he believed that most of it will need to come down. Commissioner Johnson stated that she felt that the statement in the report that says that the east and north trees would be preserved as much as possible should be removed if the actual thought is that pretty much everything will be coming down. Planning Director Darling clarified that the plans show the trees removed, but believes that Commissioner Johnson was referring to the statement included in Mr. Simning’s narrative that they would try to save as many as possible. Commissioner Johnson stated that if this was being presented in the narrative, she would expect it to be true, and it if it is not, it should be removed. She reiterated that she did not feel that the Commission had much discretion because of what had already been approved. Chair Gorham closed the Public Testimony portion of the Public Hearing at 7:25 P.M. Eggenberger moved, Johnson seconded, recommending approval of the rezoning request for property located at 24250 Smith Road from R-2A to PUD. Motion passed 4/1 (Huskins opposed). 5. OTHER BUSINESS 6. REPORTS • Council Meeting Report Council Liaison Zerby reported on matters considered and actions taken during the Council’s recent meetings. • Draft Next Meeting Agenda Planning Director Darling stated there will be a request for a paddle sports club and individual storage bays. She noted that there may also be a CUP and variance application to allow grading and import of fill over 100 cubic yards on one of the islands that is not accessible by roads. Chair Gorham asked if the soil would be removed via barge. Planning Director Darling confirmed. Commissioner Holker stated that she will not be able to attend the next Planning Commission meeting. Commissioner Huskins stated that he voted ‘no’ again on the application that was before the Commission tonight. He explained that one of his fears going forward is related to affordable CITY OF SHOREWOOD PLANNING COMMISSION MEETING August 1, 2023 Page 5 of 5 housing and noted that the argument was made against this location for affordable housing due to its location, the property, the size, and the costs of what they need to do to make a project on this development. He stated that he fears that this same series of arguments will continue to come before the Commission time and time again. He stated that he wants to remain cognizant that this type of thing will come before them again, and noted that it will most likely will continue to make him uncomfortable. 7. ADJOURNMENT Huskins moved, Holker seconded, adjourning the Planning Commission Meeting of August 1, 2023, at 7:33 P.M. Motion passed 5/0.