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12-3-2024 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, DECEMBER 3, 2024 7:00 P.M. MINUTES CALL TO ORDER Chair Eggenberger called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Eggenberger; Commissioners Gorham, Holker, and Johnson; Planning Director Darling; City Planner Griffiths; and, Council Liaison Zerby Absent: Commissioner Huskins 1. APPROVAL OF AGENDA Commissioner Gorham moved, Commissioner Johnson seconded, approving the agenda for December 3, 2024, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  November 19, 2024 Planning Director Darling noted that there was one typographical error on page 3 where the word ‘this’ was missing that she would amend. Commissioner Holker moved, Commissioner Johnson seconded, approving the Planning Commission Meeting Minutes of November 19, 2024, as amended. Motion passed 4/0. 3. MATTERS FROM THE FLOOR 4. PUBLIC HEARINGS - NONE Chair Eggenberger 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 – CITY CODE AMENDMENTS – SACRED COMMUNITIES & MICRO UNIT DWELLINGS Applicant: City of Shorewood Location: City-wide City Planner Griffiths gave an overview of the proposed code amendments for sacred communities and micro-unit dwellings in order to comply with a new State law. He noted that the City did not really have much flexibility to make any changes to the requirements that were included within the State Statute. He explained that the only policy decision that the City can make on this is whether they will regulate them as a permitted use or a conditional use and noted CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 3, 2024 Page 2 of 6 that staff was recommending regulating them as a permitted use. He stated that staff recommended approval of the proposed code amendments and noted that the majority of the language was taken directly from the State Statute. Commissioner Holker asked if there were any guidelines on what these dwellings could look like or if they had to be insulated. City Planner Griffiths stated that the State Statute provided some level of what they have to look like, but it did not actually meet Minnesota Building Code requirements and would be an alternative level of construction. He noted that they would have to be a habitable dwelling year- round. Commissioner Gorham asked if there needed to be bathrooms. City Planner Griffiths stated that a typical flush-type toilet was not a requirement in the State Statute, but they could have a commode. Planning Director Darling explained that a port-a-potty would satisfy the Statute requirements. Commissioner Gorham asked if electricity was necessary. City Planner Griffiths stated that Statute does not provide a lot of guidance, but he would presume that there would need to be electricity available, at least nearby, but the micro units themselves would not necessarily need to have electricity that would typically be found in a home. Commissioner Johnson stated that she would assume that there would be no recourse against the City for lack of electricity to these units. City Planner Griffiths stated that the way the Statute is set up it is clear that the City has a very limited role in regulating these units. Commissioner Gorham asked if State Statute 327.30, subd. 4 governed micro dwellings. City Planner Griffiths explained that subd. 4 was the section of State Statute that referenced the laundry list of requirements that these units were required to meet, such as having staff members on-site and a severe weather plan. Commissioner Gorham stated that it appeared as though these dwellings could have any look at all, including being different from each other. City Planner Griffiths stated that was correct and there were no restrictions on that type of thing. Commissioner Holker asked if there was a limit on the number of units. City Planner Griffiths stated that there were no limits on the number of units and gave an overview of the certification process that staff would undertake for this type of use. Commissioner Holker asked if any churches within the community have asked about this type of dwelling. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 3, 2024 Page 3 of 6 City Planner Griffiths explained that the point of this was to clarify how they would be approved and that the setback for manufactured homes would also apply to the micro units. Chair Eggenberger opened the Public Hearing at 7:14 P.M. noting the procedures used in a Public Hearing. There being no comment, he closed the Public Hearing. Commissioner Johnson moved, Commissioner Holker seconded, recommending approval of the City Code Amendments regarding Sacred Communities and Micro Unit Dwellings, as presented. Motion passed 4/0. B. PUBLIC HEARING – CITY CODE AMENDMENTS – ADMINISTRATION, AMENDMENTS, CONDITIONAL USE PERMITS AND INTERIM USE PERMITS Applicant: City of Shorewood Location: City-wide City Planner Griffiths reviewed the proposed City Code amendments to the City’s zoning code related to Conditional Use Permits, Interim Use Permits, and zoning text amendments. He explained that this was really a clean-up of the code related to a section that had been accidentally removed during a previous update and also updating some of the terminology. Chair Eggenberger asked if staff had found any areas that were concerning when this was reviewed or if the changes needed were just cosmetic. Planning Director Darling explained that the cause for concern was that at some point the section of the code regarding the review criteria was accidentally removed and needed to be reinstated, as soon as possible. Chair Eggenberger opened the Public Hearing at 7:20 P.M. noting the procedures used in a Public Hearing. There being no comment, he closed the Public Hearing. Commissioner Holker moved, Commissioner Johnson seconded, recommending approval of the City Code Amendments – Administration, Amendments, Conditional Use Permits And Interim Use Permits, as presented. Motion carried 4/0. 5. OTHER BUSINESS – A. Discussion of Subdivision Code Amendments Beth Richmond, HKGi, gave an overview of their company and explained that over the next few months, they will be working through the process of updating the City’s subdivision code in order to modernize it, make it more user-friendly, incorporate the City’s best practices and also ensure Code consistency. Commissioner Johnson asked how HKGi wanted the Commission’s feedback and noted that they want their feedback today, but they do not have anything to actually look at. Ms. Richmond explained that they are planning to come back to the Commission at their February meeting in order to get feedback on the actual code language. She explained that tonight they were just looking for general feedback from the Commission about whether there may be specific areas within the code that they have seen that have caused problems. She noted that she can review some of the findings that HKGi has found in their initial review and noted that may trigger CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 3, 2024 Page 4 of 6 some areas where the Commission could give feedback as well. She noted that the major themes that they saw in their review were: the need to improve the usability of the code because its organization and language are difficult and confusing; implement the Comprehensive Plan; update and simplify the subdivision review procedures; enhance park dedication requirements; and modernization of the design standards. Chair Eggenberger asked what would happen if the City changes the code and it affects someone’s property. Planning Director Darling stated that there are some regulations within State Statute that would pertain because they cannot apply changes that they make to subdivisions until at least two years after they have been recorded. She stated that they would have legal non-conforming rights once they are approved so, in the future this could make some properties non-conforming. The Commission asked questions about the process for changes and requirements that will be needed for subdivisions. Ms. Richmond outlined some recommendations they will make to organize and consolidate the document, numbering within the document, increasing efficiencies, and possibly lowering the costs, and noted that they wanted to have a conversation about non-platted subdivisions as well. She reiterated that tonight they were looking for feedback from the Commission about whether they have seen things as they have worked with the subdivision code and if there were specific things that they found confusing or challenging. She stated that if they did not have the specific language in front of them tonight, they were welcome to send them to staff so they could be forwarded to HKGi. Commissioner Holker asked if all the updates would require approval by the Planning Commission, the City Council and would also require a public hearing. She asked if they would have several meetings to go through the updates or if it would all be approved at one time. Ms. Richmond stated that they were planning to come to the Planning Commission at their February meeting. Planning Director Darling asked if they intended to have the Commission look at the entire section all at once. Ms. Richmond explained that they have the ability through Conveyo, where they can post drafts of the document so the Commission can look at and it add comments, which would give them the opportunity to review it without having to do it on the fly. She stated that would be the tool that would allow the Commission to be able to look at the new proposed text in full and be able to understand what it will look like. Planning Director Darling confirmed that they would also hold a public hearing. Commissioner Gorham asked if Ms. Richmond had taken a look at the City’s PUD section. Ms. Richmond stated that the PUD section was not in the subdivision code and explained that their intent was to try to specifically stay within the subdivision code. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 3, 2024 Page 5 of 6 Commissioner Gorham asked about subdivisions, as they related to the Comprehensive Plan, how HKGi would incorporate things like statements relating to physical appearance or Shorewood’s unique character. Ms. Richmond stated that typically when a city has unique characteristics or things that they want to memorialize, they talk to staff about what that looks like as far as the subdivisions that they are creating. She stated that it could be something where they reference the Comprehensive Plan to certain maps that show topography or natural features that should be protected and reiterated that for these types of things, they will often work closely with staff. Commissioner Gorham stated that the City has not seen a lot of subdivisions, but the last two that came through there was some discussion about their effect on the character of Shorewood and asked if this was something that Ms. Richmond saw being addressed within the code. Ms. Richmond stated that was a tricky comment to make because it was hard to know if that was something that was controlled by the subdivision code or the zoning code. Planning Director Darling stated that the subdivision ordinance only pertains to how property is subdivided and not what it is subdivided for and the zoning ordinance will tell them what they use the property for. The Commission discussed the notification process including when a public hearing would be necessary, when things would be handled administratively versus needing Planning Commission/City Council involvement, and ways to make sure it was not subjective. Ms. Richmond thanked the Commission for their feedback and questions and reiterated that if anything came to mind following the meeting to let staff know so they can pass the information along to her. 6. REPORTS • Council Meeting Report Council Liaison Zerby reported on matters considered and actions taken during the Council’s recent meetings. Chair Eggenberger expressed his appreciation to Council Liaison Zerby for everything he did for both the Planning Commission and the City. • Draft Next Meeting Agenda Planning Director Darling stated the next agenda the Commission would review the medium density ordinance amendments and a small variance request for a portico. She explained that tonight would be Commissioner Gorham’s last meeting with the Commission because of his swearing-in as a Councilmember. Chair Eggenberger thanked Commissioner Gorham for his service on the Commission. He suggested that they take time tonight to choose liaisons for the upcoming City Council meetings. January – Commissioner Holker February – Commissioner Eggenberger CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 3, 2024 Page 6 of 6 7. ADJOURNMENT Commissioner Holker moved, Commissioner Gorham seconded, adjourning the Planning Commission Meeting of December 3, 2024, at 8:17 P.M. Motion passed 4/0.