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2016 - Planning Commission - Agendas & Minutes CITY OF SPRING PARK PLANNING COMMISION AGENDA APRIL 13, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On.cake 14innetoilka 1. CALL TO ORDER 2. OATH OF OFFICE FOR NEW COMMISSIONERS CATHERINE PALEN & MAX AVALOS 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. ADOPT AGENDA 6. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from December 9, 2015 7. CONSIDERATION/DISCUSSION ITEMS a. Nuisance Enforcement Discussion •8. COMMUNICATIONS a. March 7, 2016 Council Minutes b. March 21, 2016 Council Minutes c. March 28, 2016 Work Session Minutes 9. MISCELLANEOUS 10.ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 1 April 13, 2016 CITY OF SPRING PARK PLANNING COMMISION AGENDA APRIL 13, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka Attendance: Former Commissioner Struck, Administrator Tolsma, Clerk Lewin, Planner Brixius, Council member Bren. 1. CALL TO ORDER - Chair Hoffman called the meeting to order at 7 p.m. 2. OATH OF OFFICE FOR NEW COMMISSIONERS CATHERINE PALEN & MAX AVALOS 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL - Mason, Avalos, Kaczanowski, Palen, Hoffman 5. ADOPT AGENDA — Brixius wants to discuss a taproom proposition. It will be added under Misc. Hoffman would like to add open meeting law. Mason makes a motion and Palen seconds to adopt the agenda. All votes ayes, motion carries. •6. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from December 9, 2015 — Kaczanowski makes a motion and Avalos seconds to approve the minutes. All votes ayes, motion carries. 7. CONSIDERATION/DISCUSSION ITEMS a. Nuisance Enforcement Discussion — Brixius said there has been a request for a review of this. Brixius said the code was amended to establish an administrative fine. He said in the past it was a misdemeanor process but it's the least effective way to enforce. Brixius said in Chapter one, if a complaint is received, the administrator conducts a site inspection and documentation will be made. He said they then review the code and site the specific violations. He said a letter of notice of violation is prepared with 14 days allowed to correct. If it goes to citation, there is a schedule for fines. He said it can still go through the misdemeanor process and it can be assessed. The violator can appeal the violation with the council and/or ask for an extension of time. There is also opportunity for mediation. Brixius said generally the letter will trigger action, especially if there is a fine. Brixius said the city gets three to five complaints per year and the complainant information is confidential. Brixius said the zoning code addresses land use but nuisance codes are also included. Brixius said in other cities for zoning there is only two options, pursuit of misdemeanor and that is the way some cities prefer to handle it. Other cities have gone to the • administrative fine option. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 April 13, 2016 Kaczanowski said he's discovering this isn't such an easy process. Kaczanowski said as a • planning commissioner he notices things and he thinks it should be discussed. Brixius said Spring Park contracts everything out so sometimes it's difficult to enforce code. Brixius said he feels it's okay for commissioners to be proactive on this. Kaczanowski said he has noticed safety issues, especially vehicles that have to back onto a busy road. He said he's taken some photos of property. He said he's not trying to attack any individuals and he's a proud home owner. He said it's difficult for neighbors to complain about neighbors. Brixius said based on what Kaczanowski described there can be complaints taken or the city does a tour of the city and sends out a notice to violators. Hoffman asked about the City of Mound's code enforcer. Tolsma said two years ago a contract was negotiated with Mound to do nuisance property enforcement with their community service officer. Tolsma said the City of Orono now has hired the same code enforcement officer. Hoffman said it brings some protection for the commission if we can rely on a nuisance officer. He is in favor of handling nuisance properties that way. Tolsma said the council a few years ago wasn't interested in having a code enforcement officer actively look on his own. They preferred that this go by complaints generated. Mason said this started with commercial properties and it's migrated. He is concerned about picking on individuals. Struck said she lives next door to a nuisance property. She said it does become difficult when the neighbor thinks they are being targeted. Struck said sometimes there is more to it than meets the eye. Bren said she was on a walk and another neighbor approached her asking about the derelict house. Bren feels these properties can be fire • hazards, she feels it's detrimental to the neighbors who want to keep up their properties. Tolsma most likely even though the complaint is anonymous, most violators know who the complaint has come from. Hoffman feels government is responsible for health, safety and welfare and he feels strongly about enforcing things that violate one of those three. Bren thinks since the city contracts with Orono for policing, she wonders why SP can't use their Community Service Officer. Tolsma said he's not sure yet what the role is with Orono. Hoffman suggests to put a request to the city council to pursue this further. Kaczanowski said he thinks there has been some really great discussion. Kaczanowski said some rules could be set. He said he's not suggesting someone goes and peeks in someone's yards. He said if there is violation of safety standards, he feels this should be investigated. Brixius said the nuisance code is specific for health, safety and welfare. He said he's not sure zoning violations would be something this officer would look at but non invasive investigation of nuisance properties would be allowed. Palen said she agrees about bringing in the code enforcement officer and she likes not having to pit neighbor against neighbor. She likes the idea of an officer in uniform and in a marked vehicle. She said nuisances could be pointed out and a plan could be suggested. Avalos said he agrees these situations need to be addressed. He wonders about what level this should be brought forward. He wonders if there are certain standards that should be enforced. He • believes addressing violators with written notices as a first step. He agrees with Hoffman about the health, welfare and safety issues. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 3 April 13, 2016 Tolsma said nuisance enforcement is difficult because everyone probably has a violation on • their property. He said it has to be determined what level of nuisance. Tolsma said when referring to the code language, he refers to numbers 5,6 and 7 on the next page. He said 80- 90% of the city's complaints are with those topics. He believes it needs to be more clearly defined. Kaczanowski maybe likes the idea of a tour with commissioners and maybe that's when a few things could be agreed upon in order to pick out a few standards to follow. Struck said sometimes people don't know they can file a complaint. She wonders if there is a way in which to market this, either by the newsletter, or on the website. She doesn't like the idea of a tour because she thinks that looks like targeting properties. Brixius thinks the clean up days could be hyped more in order to encourage those to clean up their properties. He suggests an article in the newsletter that outlines nuisances. Tolsma said it can become challenging when some people are hoarders and won't part with their items. Hoffman wonders which way to go with this. Tolsma said he would like to approach Orono to find out about this new position and find out if he will do code enforcement. Hoffman agrees to table this until after Tolsma finds out about Orono's plans. Kaczanowski also wonders if just increasing the marketing and the education about what constitutes nuisance properties and perhaps highlight it for those who may not understand. 8. COMMUNICATIONS a. March 7, 2016 Council Minutes b. March 21, 2016 Council Minutes c. March 28, 2016 Work Session Minutes �9. MISCELLANEOUS — Tap Rooms. Brixius said this has already gone to the council as there was an inquiry about 4787 Shoreline Drive. He said there have been two separate inquiries for brewery taprooms. He said the code allows for taverns in that zoning district but not the production of the beer. He said there would have to be changes made in the zoning district. He said in other communities it's allowed under CUP. He said in Spring Park there is a component that requires a food percentage so the liquor license code would need to be changed. He said Spring Park's 75% requirement of food sales is very high and probably should be looked at for change. Palen asked if the property owner is aware of this. Brixius said the property is for sale but it would be necessary for the property owner to sign off on this. Avalos asked about tap beer and if there is food. Brixius said what is being requested now is a brewery with a taproom but no food sales. He said a lot of taprooms like to use food trucks. He said they are referred to as transient merchants. Kaczanowski asked if this can be restricted. Brixius said the code right now is very broad so they would probably be allowed. Mason wonders how this will affect the Drive-in and the Asian Bistro. Brixius said he thinks this could be a good thing for existing businesses. Mason said he's heard the phosphorous emitted from the by-product f the production can be a problem. Kaczanowski thinks this is everywhere and sooner or later this is going to come to Spring Park. Struck wondered about hours of operation and said breweries usually are not open all day or every day. Mason wonders if there has been any money paid so far by those showing interest. Brixius said right now this is just being explored if it can be done. Mason said there might be increased policing costs. Hoffman stated he was on the council when liquor licensing was 0discussed and the cost for the liquor license was increased to offset increased policing. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 4 April 13, 2016 Hoffman wanted to talk about open meeting law. He said recently the City of Victoria had some violations. He wants to state that the commission is required to follow Open Meeting Law. He said it can be very precarious. He said this also means individuals contacted by email. 10.ADJOURNMENT Mason makes a motion and Kaczanowski seconds to adjourn the meeting at 8:49 p.m. All votes ayes, motion carries. Dan Tolsma, Administrator 0't� "Jvendy Lewin, City erk 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 A-to" CITY OF SPRING PARK PLANNING COMMISION AGENDA JUNE 8, 2016 — 7:00 PM iPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from April 13, 2015 6. CONSIDERATION/DISCUSSION ITEMS a. Continue Nuisance Enforcement Discussion 7. COMMUNICATIONS a. May 2, 2016 Council Minutes • b. May 16, 2016 Council Minutes c. May 23, 2016 Work Session Minutes 8. MISCELLANEOUS a. New Commissioner Pictures (Catherine & Max) 9. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK,MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 _ 1 June 8, 2016 CITY OF SPRING PARK PLANNING COMMISION MINUTES JUNE 8, 2016 — 7:00 PM SPRIMG PARK SPRING PARK CITY HALL On Lake Minnetonka Attendance: Bren, Brixius 1. CALL TO ORDER — Chair Hoffman called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Mason, Avalos, Palen, Kaczanowski, Hoffman 4. ADOPT AGENDA — Mason makes a motion and Kaczanowski seconded to adopt the agenda. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Kaczanowski makes a motion and Avalos seconds to approve the minutes. All votes ayes, motion carries. a. Planning Commission Meeting Minutes from April 13, 2015 6. CONSIDERATION/DISCUSSION ITEMS - • a. Continue Nuisance Enforcement Discussion — Tolsma said this is informal. He has some sample photos. He said he also handed out a nuisance cheat sheet. He said pictured are frequent and commonly complained about items, for instance building materials. Tolsma reads the ordinance pertaining and said the operative words and phrases are "uncovered storage." In the case of building materials as part of a project, there was discussion about how long should be given for the repair or has it become a pile. Kaczanowski asked about what means "covered" and Brixius suggests that language be changed to define it clearer. Tolsma explained section 42-63 of the city's code is kind of a catch all. Tolsma said there is nothing specific about trailers so it goes back to the general catch all. Brixius explained that in his other communities, allowance is made for one defined trailer that is on a hard surface or screened from view. Kaczanowski asked if the trailer needs to be licensed and Brixius said most trailers are on the road so they need to be currently licensed. Tolsma said regarding sheds, there is a limit of three accessory structures on a residential property. Palen likes things stored in sheds but she wonders about hardcover and setbacks to property lines. Regarding recreational vehicles Tolsma has included the definition and 42-63 allows one personal RV. He thinks allowing one per property is a happy medium. Brixius said he would change the definition to include boats on trailers and he feels it should be part of the RV definition. Palen asks about multiple items, boats, canoes, kayaks, snowmobiles, ice shanties. • Kaczanowski wondered about seasonal use and what happens when something sits there year after year and is never used. Brixius said it should be operable, it should be licensed and it can't be used as storage. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 June 8, 2016 • Tolsma said regarding boats, the best way forward would probably be to tie it with RV's. He said because there is nothing specific, it falls in the catch all and yet that would be quite restrictive for boat storage. Brixius also thinks seasonal storage of docks and boatlifts needs to be defined. Derelict Vehicles. Tolsma said there is a general section for derelict machinery but derelict is not defined in the ordinance. He said Beck had said there is a roundabout way to get there but it doesn't make sense not spell it out. Brixius said there could be handouts that could be handed to residents that deal with derelict vehicles, outdoor storage, RV's, sheds. Palen said what needs to be remembered is Spring Park is typically made up of small lots and everyone doesn't have the luxury of having the room to store things. Brixius counters with the fact that lakeshore owners can afford the property so they should be able to afford to store it properly. Brixius said the cleanup days can also be utilized. Mason said he has condo units that weren't there before now overlooking his yard. He said sometimes there are other situations that apply. He said on Shoreline Drive for instance, a lot more people see it so he thinks maybe off the main street could have more allowance. Tolsma said visibility definitions should be clearly defined to take into account a five story building overlooking a property. Tolsma said passenger vehicles don't currently have a limit. He wonders what the PC would like to see in this regard. Bren speaks regarding multiple vehicles parked on a property in Spring Park. She said one of them hasn't been licensed since 2004. She said the vehicle that is parked on the edge of the road, the snowplowers have to plow around it. She said they are using some of the vehicles for storage. Tolsma said temporary carports are not limited so discussion should be had about perhaps limiting the number. Kaczanowski said a permanent carport should be defined versus a canvas hoop house. Avalos said he's aware of some using boathouses for other storage of things. Commercial vehicles are discussed. Tolsma said there is an individual in our city that owns limousines. The claim is he uses the limousine for personal use so under section 42-277 allows this. Avalos asks about how it's licensed and Tolsma said for this example, the limo is licensed as a limo. Discussion was had about how the city currently handles nuisance properties by complaint because there isn't staff available to enforce the problem. The PC is in agreement that the code needs to be better defined in order to have any enforcement power outside of complaint. Hoffman said he would like the PC to answer the questions that are proposed in the handout and bring it back for the next meeting. Brixius said he can provide additional code language from other communities to start to craft a more solid ordinance. Avalos said he would like to consider the history of the community. He said it is a resort/lake community. He thinks this needs to be highly considered. He said historically seasonal • storage has been allowed and the facts that the lots are small. He said there are homes that don't have garages and they may not have the area to build a storage structure. He said also to consider is the neighbor component. Most neighbors want to remain friendly. He also thinks 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 3 June 8, 2016 thought should be given to where the city will be in twenty years, what type of culture do we • want to craft and what benefits will our community be able to offer. 7. COMMUNICATIONS - a. May 2, 2016 Council Minutes — Hoffman said there was a discussion about the audit regarding an unfunded liability and also PERA. Tolsma said they tie in together and PERA is public employment pension. He said the State made an auditing change so now cities have to consider certain pension contributions as unfunded liabilities. b. May 16, 2016 Council Minutes c. May 23, 2016 Work Session Minutes 8. MISCELLANEOUS - a. New Commissioner Pictures (Catherine & Max) b. Kaczanowski said in Thor Thompson Park there are two cement blocks in the middle of where the soccer goals are set up. He wonders if they can be taken out. He said they do rise up off the ground. Tolsma said if they're in the ground deep, they'll take the top off and sod over it. Kaczanowski saw two and there might be even three. 9. ADJOURNMENT— Mason makes a motion and Palen seconds to adjourn on 8:18 p.m. All votes ayes, motion carries. 0-4� Wendy Lewirk,.tity Clerk Dan Tolsma, City Administrator • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 CITY F VRING PARK PLANNING COMMISION AGENDA JULY 13, 2016 - 7:00 PM iPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from June 8, 2015 6. CONSIDERATION/DISCUSSION ITEMS a. Sign Application 16-03 b. Sign Application 16-04 c. Temporary Family Health Care Facilities Opt-Out Draft Ordinance d. Nuisance Discussion Continuation • 7. COMMUNICATIONS 8. MISCELLANEOUS 9. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK,MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 f r July 13, 2016 CITY OF SPRING PARK PLANNING COMMISION MINUTES JULY 13, 2016 — 7,00 PM SPRING PARK SPRING PARK CITY HALL On Lake Yinnetonka Attendance: Bren, Brixius, Mason, Palen, Avalos, Tolsma, Lewin, Schyma. Hoffman and Kaczanowski excused. 1. CALL TO ORDER — Mason called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE - 3. ROLL CALL —Avalos, Mason, Palen 4. ADOPT AGENDA— Palen was wondering about the Temporary Family Health Care and whether it would go to work session. Brixius would like to add under miscellaneous adopting the flood plain. Avalos makes a motion to adopt the agenda with the additional item and Palen seconds. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Mason makes a motion and Palen seconds to approve the minutes. All votes ayes, motion carries. • a. Planning Commission Meeting Minutes from June 8, 2015 6. CONSIDERATION/DISCUSSION ITEMS a. Sign Application 16-03 — Brixius said wall signs are based upon percentage of wall space. He said this is located on the SW corner and it is within the ratio. He said this has already been installed and it needs to be inspected for building code compliance. Palen makes a motion to approve and Avalos seconds. All votes ayes, motion carries. b. Sign Application 16-04 — Brixius said this sign is consistent with requirements. The PC is informed that this sign is also installed. Mason said a banner was previously installed without a temporary sign permit. Avalos makes a motion to approve and Palen seconds. All votes ayes, motion carries. Mason said there is another sign "Petze" back by the loading docks. He wonders if there has been sign application for this and it's determined no application was applied for. Avalos wondered about other communities approving signs. Brixius said in his other communities it is an administrative process. Mason said this has been discussed in the past. Tolsma said temporary signs are approved by the administration but permanent signs go to the PC. Brixius suggests this be brought to the council to see if this is a possibility. Mason said when reviewing a sign, things can be asked. Parking, landscaping questions can be asked of the applicant. He said it is the only time they can really connect with the business. Brixius said with the latest code, there are protections built in regarding conforming use. He said therefore, it's evolved and some of those • questions previous asked no longer are necessary. Palen said as the city continues to grow, she would look for continued improvements and she wonders who is protecting the City's interest to this regard. Brixius said the language has been changed pertinent to 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 r i 2 July 13, 2016 legal non conforming. He said some businesses fall under the legal non-conforming so we can't ask them to come up to current standards but new businesses can be required. • Mason prefers to have signs come to the PC. Avalos wonders why. Mason said a lot of signs are related to Tonka Ventures building but he suspects in the future there will be other businesses that will want to open and need a sign. Avalos thinks that getting a sign doesn't have anything to do with other items. He thinks it might be more efficient to have signs approved by staff in order to speed things along. Palen said if sign applicants meet all the codes and the proposed sign is pleasing, she feels the PC doesn't meet often enough to potentially hold up a business that is trying to get open as soon as possible. Brixius suggests this be brought to council to see what their feelings are. Avalos makes a motion to make a suggestion to the council for an administrative process for sign permits. Mason seconds. All votes ayes, motion carries. c. Temporary Family Health Care Facilities Opt-Out Draft Ordinance — Brixius said this is discussion only. He said the State adopted this and it will be in effect after September 1St unless a city formally opts out. He said if the PC wants to opt out there will be a public hearing in August and they'll take the necessary steps to opt out. He said it is intended for auxiliary care space for persons in need. He said they must be temporary, they cannot have a permanent foundation, they have a maximum square footage requirement, sewer and water have to be connected to the primary dwelling. Brixius said there wasn't much attention given to zoning or land use when this was crafted. He strongly recommends the opt out for the City of Spring Park. Brixius has drafted an opt-out clause and it would prevent these from being allowed. Brixius said this would go to public hearing in August. d. Nuisance Discussion Continuation — Brixius said at the last meeting it was requested that Brixius look at other community language for nuisance properties. He said he has provided examples and they are in the packet. Brixius said these ordinances have to be written so it doesn't put everyone in immediate violation; in other words, it can't be too restrictive because the type of community needs to be considered. Tolsma wants specificity and definitions. He also thinks What is it, Where is it and How many do you have? needs to be specific. Brixius said he'll put together a draft for outdoor storage. He'll define each item, there will be blanks for the number allowed, there will be blanks for where these items can be stored. He'll give options. He also said derelict vehicles will be more defined. 7. COMMUNICATIONS - 8. MISCELLANEOUS — Brixius said there is a requirement to adopt a new flood plain ordinance and there is a model ordinance but it's overkill. He said there is a more restrictive ordinance not allowing anything to be built in the 100 year flood plain. The problem is Park Island Apartments would be part of this. He would consider precluding these properties before adopting the flood plain map. Commissioners examined the maps and Brixius will draft a response. 9. ADJOURNMENT — Palen makes a motion to adjo n t 8:42 p. A s seconds. All votes ayes, motion carries • Wendy Lewin, ity Clerk Dan Tolsma, City Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 t Y CITY OF SPRING PARK PLANNING COMMISION AGENDA AUGUST 10, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from July 13, 2015 6. CONSIDERATION/DISCUSSION ITEMS a. Temporary Family Health Care Facilities Public Hearing i. Open Public Hearing ii. Discussion iii. Close Public Hearing • iv. Recommendation to Council b. Outdoor Storage Discussion c. Draft Floodplain Ordinance Discussion 7. COMMUNICATIONS 8. MISCELLANEOUS 9. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 CITY OF SPRING PARK PLANNING COMMISSION MINUTES AUGUST 10, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER - The meeting was called to order by Chair Hoffman at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE — Chair Hoffman led the audience in the Pledge of Allegiance. 3. ROLL CALL Planning Commissioners Jeff Hoffman, Chair; Max Avalos; Michael Mason; Catherine Palen; Present: and Pete Kaczanowski (arrived 7:03 p.m.) Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; and Theresa Schyma, City Clerk. Others Present: Shirley Bren, Council Member/Planning Commission Liaison. 4. ADOPT AGENDA M/Mason, S/Avalos to adopt the agenda. Motion carried 4-0. 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from July 13, 2016 M/Avalos, S/Palen to approve the minutes. Motion carried 3-0. (Hoffman abstained) 6. CONSIDERATION/DISCUSSION ITEMS a. Temporary Family Health Care Facilities Public Hearing i. Open Public Hearing - City Planner Brixius presented a summary of recently-adopted legislation (Minn. Stat. § 462.3593) related to temporary health care dwellings including "opt-out" requirements and how it relates to Spring Park. Commissioner Kaczanowski commented on the number of cities that are choosing to opt-out. M/Hoffman, S/Kaczanowski to open the public hearing at 7:07 p.m. Motion carried 5-0. No members of the public spoke. ii. Discussion - None iii. Close Public Hearing M/Hoffman, S/Kaczanowski to close the public hearing at 7:08 p.m. 4349 WARREN AVENUE, 5PRING PARK, MINNE50TA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Motion carried 5-0. iv. Recommendation to Council M/Mason, S/Avalos to recommend to the City Council to approve an ordinance amending the City's Zoning Code to "opt-out" of recently-adopted legislation (Minn. Stat. § 462.3593) related to temporary health care dwellings. Motion carried 5-0. b. Outdoor Storage Discussion - City Planner Brixius presented draft nuisance and zoning ordinance amendment language regarding outdoor storage based on the ideas discussed at the July 2016 Planning Commission Meeting to address the issues of outdoor storage, lot appearance, and junk nuisances. These are discussion only drafts to be edited further by the Planning Commission, staff and Council to create a workable ordinance for the City. Chair Hoffman questioned if language should be added regarding a time limit for temporarily inoperable vehicles to address cars that need minor repairs and the owner is working on making the car operable. City Administrator Tolsma suggested adding language regarding temporary repairs of less than 14 days would be exempt. City Planner Brixius believes it would be better to write more strict language but give code enforcement the option or discretion to make a judgment call about repairs within 14 days. Commissioner Mason asked whether enforcement is going to be on a complaint basis or if City staff would be able to initiate violations. City Planner Brixius responded that generally code enforcement in Spring Park is on a complaint basis because there isn't enough staff to walk the streets looking for code violations. The Planning Commission needs to decide if language should be added so that code enforcement is only done on a complaint basis or if it can also be staff initiated. Commissioner Mason is in favor of code enforcement on a complaint basis only. City Planner Brixius stated he will come back with examples of what certain recreational vehicle and boat lengths would potentially look like based on draft language. Chair Hoffman stated that another option could be to not have a size limit but that the setback would have to be maintained. Commissioner Mason questioned if an exception would be made for Black Lake Road since there might not be enough room for the residents to comply with the five foot rule. City Planner Brixius responded that if the City is considering not putting a size limit for boats and trailers then the five foot rule is a good compromise. It is a public safety issue to not block the road and sightline. Commissioner Mason stated that some streets don't have five feet and that it is common sense to not block the road and sightline. City Planner Brixius responded that all commissioners have seen current pictures and examples of people blocking the sightline. Exceptions should not be made involving issues of public safety. Some of the language changes will create the scenario that a small percentage of people will not be in compliance. However, those residents can always ask for a variance but public safety, snow removal, 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 and emergency vehicle access will be some of the issues taken into consideration with every variance application. Chair Hoffman stated that City Planner Brixius was presenting the draft language and his reasoning for why he drafted the language tonight. The Planning Commission has some homework to do with looking at each section in more detail and providing comments and suggestions so that the language can be discussed in more depth at a future meeting. Tonight is not the time to get into very detailed discussion on every item. Chair Hoffman questioned if crushed/compacted rock is considered hardcover. City Planner Brixius responded that crushed/compacted rock is considered hardcover. Also, language will be added so it is very apparent that residents need to comply with hardcover requirements as well as the other requirements. City Planner Brixius stated that, before the next meeting, he would like the commissioners to think about and give some direction on the dates for allowable outdoor storage of items such as licensed boats, snowmobiles, ATV's, etc. City Administrator Tolsma suggested that there be some overlap in the dates due to weather changes. Commissioners Avalos and Palen suggested adding examples in the ordinance. For example, a resident may not know what qualifies as manual propulsion lake equipment or seasonal upland lake equipment. Chair Hoffman thanked everyone for a great discussion and encouraged all commissioners to make notes and be ready for a more in depth discussion at the next meeting. City Planner Brixius discussed the nuisance ordinance and how it should be as specific as possible so that it can be enforced. Chair Hoffman asked City Planner Brixius to look at the issue of storage pods since they can be rented for an indefinite amount of time. City Planner Brixius discussed code language from the City of New Hope which states that there must be an `active building permit' to address the storage pod issue. Commissioner Avalos suggested adding a time limit so that the ordinance will include residents that are moving but don't have an active building permit. City Planner Brixius encouraged the commissioners to contact him or City Administrator Tolsma with any questions prior to the next meeting. Chair Hoffman asked City Planner Brixius to prepare a summary of the changes suggested in tonight's discussion instead of doing a complete re-draft of the ordinance language. The language can be modified after the next meeting when the Planning Commission agrees to the changes. c. Draft Floodplain Ordinance Discussion Chair Hoffman stated that the Planning Commission consensus was to defer this item to the next Planning Commission Meeting due to impending severe weather. 7. COMMUNICATIONS — Council Member Bren stated that the City Council candidate filing period is open until August 16 at 5:00 p.m. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 8. MISCELLANEOUS — City Administrator Tolsma mentioned a tentative date for Heart Safe training with the Orono Police Department prior to the September 26 City Council work session. The City Council, Planning Commission, City staff and election judges are invited to attend the voluntary training. More detailed information will be communicated to everyone once everything is finalized. 9. ADJOURNMENT M/Avalos, S/Kaczanowski to adjourn the Planning Commission Meeting at 8:05 p.m. Motion carried 5-0. Date Approved: September 14, 2016 Theresa Schyma, City Clerk Dan Tolsma, City Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 0000^ CITY OF SPRING PARK PLANNING COMMISION AGENDA SEPTEMBER 14, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from August 10, 2016 6. CONSIDERATION/DISCUSSION ITEMS a. Outdoor Storage Discussion b. Draft Floodplain Ordinance Discussion 7. COMMUNICATIONS 8. MISCELLANEOUS 9. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNE50TA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK PLANNING COMMISSION MINUTES SEPTEMBER 14, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER - The meeting was called to order by Chair Hoffman at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE — Chair Hoffman led the audience in the Pledge of Allegiance. 3. ROLL CALL Planning Commissioners Jeff Hoffman, Chair; Michael Mason; Catherine Palen; and Pete Present: Kaczanowski Planning Commissioners Max Avalos Absent: Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; and Theresa Schyma, City Clerk Others Present: Shirley Bren, Council Member/Planning Commission Liaison 4. ADOPT AGENDA M/Kaczanowski, S/Mason to adopt the agenda. Motion carried 4-0. 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from August 10, 2016 M/Mason, S/Kaczanowski to approve the minutes. Motion carried 4-0. 6. CONSIDERATION/DISCUSSION ITEMS a. Outdoor Storage Discussion - City Planner Brixius presented draft ordinance language regarding outdoor storage based on the discussion at the July and August 2016 Planning Commission Meetings. Commissioner Kaczanowski asked for clarification on the 30 foot limitation for recreational vehicles. City Planner Brixius responded that any vehicle larger than 30 feet would overwhelm most sites in Spring Park. Commissioner Mason asked what will happen to the residents who already have a 30 foot boat or motor home. He questioned if they would be grandfathered in. The Planning Commission consensus is to remove the 30 foot restriction on recreational vehicles and instead have a 5-foot setback rule from the edge of the street so it can be easily measured and enforced. This would also help with lots that can fit a recreational vehicle that is larger than 30 feet. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Commissioner Palen stated that if the goal is to try and manage the summer and winter recreational vehicles then it is fair to say that residents will put away their winter toys in the summertime. There are a lot of seasons connected to a lake but the City has to keep the clutter under control. Furthermore, she believes that if a resident has a large recreational vehicle then it would be reasonable to think that they would want to properly store such a large investment. City Planner Brixius responded that the Planning Commission needs to decide how much outdoor storage they want to accommodate in a lake community. Spring Park has a leisurely environment where people want to use their amenities. Chair Hoffman stated that Mound has a limit of five licensed items which would include trailers, cars, recreational vehicles, etc. Commissioner Kaczanowski stated that he doesn't want Spring Park to be more restrictive than neighboring communities. Chair Hoffman believes that five is a practical number for outside storage. It is within reason to have two cars and three recreational vehicles outside especially since you would still have space in your garage or sheds for more items if you would like. Five items is a lot to store outside on your property. Commission Kaczanowski requested information regarding outdoor storage restrictions in neighboring lake communities for the next Planning Commission Meeting. Chair Hoffman is in favor of having a time period in the language so that if there is a complaint the Code can actually be enforced. Also, he stated that seasonal storage is not the main issue with the outdoor storage discussion; the main issue is people using their yards for permanent storage. City Administrator Tolsma stated that off-lake properties that have dock rights should be addressed in the language. Commissioner Mason commented on covering outdoor items for a better presentation. Chair Hoffman understands covering outdoor items but doesn't want the City to be littered with blue tarps. Commissioner Kaczanowski stated that a blue tarp doesn't address the issue of storing items outside that are not in good, useable condition. The Planning Commission consensus is to clarify the language regarding fish houses to make sure they are not being used year round as boat houses, cabins/campers, or storage sheds. Chair Hoffman questioned if the section regarding construction and landscaping material should be tied to an active building permit. City Planner Brixius responded that not all projects will require a permit, so having a 30 day time limit will help with complaints from neighbors from piles of material that never move. Commissioner Mason asked if there is the option for an exception to the 30 day limit. City Planner Brixius responded that there is some discretion with enforcement but 30 days is a fairly reasonable timeframe to have it cleaned up. The Planning Commission requested more detail regarding investigation and enforcement of complaints regarding potential code violations. City Planner Brixius responded that after a complaint is received there is a site inspection and a letter is sent to the property owner with a notice to clean up the violation or there will be a citation issued. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 City Administrator Tolsma stated the City receives approximately 3-5 written complaints per year. Complaints must be made in writing and there is a proximity requirement so you can't file a complaint for somebody who lives across town. All complainant information is kept confidential. If a resident notifies a Council Member or Planning Commissioner of a potential violation the resident should be referred to City staff. Commissioner Palen asked about the language for storage pods. City Planner Brixius stated he has drafted language for storage pods and will bring it the next meeting. City Administrator Tolsma stated he wanted the next discussion to include "hoop-houses" since they are prevalent in Spring Park. City Planner Brixius will add language regarding hoop-houses. He stated that the new language could treat hoop-houses like accessory structures since they are basically used as permanent storage in Spring Park. Chair Hoffman believes hoop-houses are a safety issue because they have no regulations and frequently cave in. If a resident wants a permanent structure then they should apply for a permit and build something safe. City Planner Brixius stated he will bring language for commercial and industrial outdoor storage to a future meeting as well but wants to complete the review of residential storage first. b. Draft Floodplain Ordinance Discussion - City Planner Brixius presented draft ordinance language regarding updating the floodplain ordinance. City Planner Brixius stated that the model ordinance from the State is excessive so he prepared a pared down version that is appropriate for Spring Park. He commented on changes including allowing docks and boat lifts in the floodway district and adding language regarding the Marina Shopping Center area where the ordinance should address allowable uses to accommodate a proposed brewery/taproom in that area. The Planning Commission consensus was to move forward with the changes presented and reevaluate in October. City Planner Brixius is going to discuss the proposed changes with the Minnesota Department of Natural Resources before the October Planning Commission Meeting. 7. COMMUNICATIONS — None. 8. MISCELLANEOUS — City Administrator Tolsma announced the following events: • Heart Safe training with the Orono Police Department prior to the September 26 City Council work session. The City Council, Planning Commission, City staff and election judges are invited to attend the voluntary training. • City Council, Planning Commission and staff annual appreciation dinner on September 29. 9. ADJOURNMENT M/Hoffman, S/Kaczanowski to adjourn the Planning Commission Meeting at 8:24 p.m. Motion carried 4-0. Date Approved: October 12, 2016 Theresa Schyma, City Clerk Dan Tolsma, City Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK PLANNING COMMISION AGENDA OCTOBER 12, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from September 14, 2016 6. CONSIDERATION/DISCUSSION ITEMS a. Brewery/Taproom Ordinance Amendments Public Hearing i. Open Public Hearing ii. Discussion iii. Close Public Hearing iv. Recommendation b. Floodplain Ordinance Public Hearing i. Open Public Hearing ii. Discussion iii. Close Public Hearing iv. Recommendation c. Outdoor Storage Discussion 7. COMMUNICATIONS 8. MISCELLANEOUS 9. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNE50TA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK PLANNING COMMISSION MINUTES OCTOBER 12, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER - The meeting was called to order by Acting Chair Mason at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE —Acting Chair Mason led the audience in the Pledge of Allegiance. 3. ROLL CALL Planning Commissioners Michael Mason, Acting Chair; Max Avalos; Catherine Palen; and Pete Present: Kaczanowski Planning Commissioners Jeff Hoffman, Chair Absent: Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; and Theresa Schyma, City Clerk Others Present: Shirley Bren, Council Member/Planning Commission Liaison and Pam Horton, City Council Member. 4. ADOPT AGENDA M/Avalos, S/Kaczanowski to adopt the agenda. Motion carried 4-0. 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from September 14, 2016. M/Avalos, S/Kaczanowski to approve the minutes. Motion carried 4-0. 6. CONSIDERATION/DISCUSSION ITEMS a. Brewery/Taproom Ordinance Amendments Public Hearing - City Planner Brixius presented draft ordinance language regarding allowing brewery/taprooms in Spring Park. He detailed the proposed changes in zoning and liquor licensing requirements. He further explained the differences between a brewpub and a brewery/taproom. City Planner Brixius presented a thorough issue analysis including: • Combined commercial/industrial land uses • Brewery/taproom/brewpub locations • Production scale • Shipping and receiving • Parking/access • Ancillary uses • Zoning changes in the C-1, C-2 and M Districts • Liquor licensing requirements Commissioner Kaczanowski noted that there are approximately 105 parking spots in the proposed area, including the Marina Shopping Center, so parking should not be an issue for the current applicant. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Commissioner Avalos requested clarification on whether the proposed changes would affect the entire City or only be allowed in the specific area of the current applicant. City Planner Brixius responded that the proposed changes would affect all C-1, C-2 and M Districts in the City. i. Open Public Hearing —Acting Chair Mason opened the public hearing at 7:45 p.m. Josh Leddy, owner of Back Channel Brewery Collective, was available for questions. Phil Tullbane, 4744 West Arm Road, had questions regarding the odor requirements and noise regulations. City Planner Brixius responded that odor requirements would follow property lines and be restricted to that specific lot in the Marina Shopping Center. He does not anticipate any odor issues but the potential issue needs to be addressed in the Code. City Planner Brixius stated the City already addresses noise concerns with the City's noise control ordinance. Furthermore, any special events or concerts would need to be approved through a special event permit which would need City Council approval. Mr. Leddy responded that their expected closing time for Friday and Saturday nights is 11 p.m. Jeff Hagen, 4748 West Arm Road, stated his concern about the exterior appearance of the building based on other local brewery/taprooms that don't enhance the appearance of the cities they are located in. He further stated that he would've preferred a restaurant at the location instead. Mr. Leddy responded that the outside patio area would be fenced in and it would be located on the south side of the property so nothing would be visible on Shoreline Drive. He further commented that he is hopeful that the brewery/taproom will encourage more restaurants to come in the area since it will benefit the entire community. Mr. Tullbane added that the appearance of the exterior of the building will definitely improve from its current condition due to the upgrades and improvements they are working on now. Mr. Leddy stated it is his top priority to maintain a high class operation. This will be a family-friendly establishment that will offer craft sodas as well so there is something for everyone. Furthermore, the owner of the building is working on improving the shoreline area and has applied with the Lake Minnetonka Conservation District (LMCD) for additional boat slips. City Administrator Tolsma stated this process has two phases: 1) ordinance amendments and 2) conditional use permitting. If the ordinance amendments are approved then the conditional use permitting phase will require another public hearing, Planning Commission and City Council review. ii. Discussion — Commission Avalos questioned whether the proposed changes would apply to micro-distilleries. City Planner Brixius responded that the proposed changes would not allow micro-distilleries. iii. Close Public Hearing M/Avalos, S/Kaczanowski to close the public hearing at 8:08 p.m. Motion carried 4-0. iv. Recommendation M/Kaczanowski, S/Avalos to recommend to the City Council to approve draft ordinance language presented in Exhibits B and C of the Planning memorandum dated October 6, 2016, regarding zoning and liquor licensing amendments related to brewery/taprooms. Motion approved 4-0. 4349 WARREN AVENUE, SPRING PARK, MINNE5OTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 a. Floodplain Ordinance Public Hearing - City Planner Brixius presented draft ordinance language regarding floodplain ordinance changes discussed at the July and September 2016 Planning Commission Meetings. City Planner Brixius noted that the City has limited areas where the floodplain extends landward. Based on previous discussions with the Planning Commission these areas may impact existing development which need some opportunity for future use. He further commented on floodway permitted and conditional uses. i. Open Public Hearing —Acting Chair Mason opened the public hearing at 8:29 p.m. ii. Discussion — None. iii. Close Public Hearing M/Avalos, S/Palen to close the public hearing at 8:30 p.m. Motion carried 4-0. iv. Recommendation M/Avalos, S/Kaczanowski to recommend to the City Council to adopt the draft floodplain ordinance language dated October 6, 2016. Motion carried 4-0. b. Outdoor Storage Discussion - City Planner Brixius presented draft ordinance language regarding outdoor storage based on the discussion at the July, August and September 2016 Planning Commission Meetings. He recommended that the Planning Commission table the discussion until the November 9 Planning Commission meeting so that the commissioners have more time to read through the changes carefully, make notes and ask questions of staff so they can make an informed recommendation at that time. Commissioner Avalos stated that he liked seeing the examples from other communities. One example he thinks should at least be considered is having the allowable number and size of recreational vehicles based on lot size since larger lots can hold more. City Planner Brixius responded that he will provide examples (lot size information and aerial photos) of what that potential change could look like in Spring Park. He stated that it is not only lot size that needs to be considered but the separation of homes since many lots in Spring Park are very narrow. M/Avalos, S/Kaczanowski to table the discussion regarding outdoor storage until the November 9 Planning Commission meeting. Motion carried 4-0. 7. COMMUNICATIONS — None. 8. MISCELLANEOUS — None. 9. ADJOURNMENT M/Mason, S/Palen to adjourn the Planning Commission Meeting at 8:44 p.m. Motion carried 4-0. Date Approved: November 9, 2016 Theresa Schyma, City Clerk Dan Tolsma, City Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK PLANNING COMMISION AGENDA NOVEMBER 9, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from October 12, 2016 6. CONSIDERATION/DISCUSSION ITEMS a. Outdoor Storage Discussion 7. COMMUNICATIONS 8. MISCELLANEOUS 9. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK PLANNING COMMISSION MINUTES NOVEMBER 9, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake 9dinnetonka 1. CALL TO ORDER - The meeting was called to order by Chair Hoffman at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE — Chair Hoffman led the audience in the Pledge of Allegiance. 3. ROLL CALL Planning Commissioners Jeff Hoffman, Chair; Michael Mason; Max Avalos; and Catherine Palen Present: Planning Commissioners Pete Kaczanowski Absent: Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; and Theresa Schyma, City Clerk 4. ADOPT AGENDA M/Palen, S/Hoffman to adopt the agenda. Motion carried 4-0. 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from October 12, 2016. M/Mason, S/Avalos to approve the minutes. Motion carried 3-0. (Hoffman abstained) 6. CONSIDERATION/DISCUSSION ITEMS a. Outdoor Storage Discussion - City Planner Brixius presented examples of the potential impacts of the draft ordinance language regarding outdoor storage based on the discussion at several Planning Commission meetings throughout 2016. The examples provided included a housing lot study, lot width study, and aerial photos of Spring Park's history of development patterns. City Administrator Tolsma questioned if lakeside standards would be applied to backyards not on the lake. City Planner Brixius responded that a provision will be added to address backyards not on the lake. Commissioner Mason questioned if Spring Park has the strictest standards regarding outdoor storage around Lake Minnetonka. City Planner Brixius responded no, Spring Park has the most lenient standards around the lake. He continued that even the shoreline setback of 50 feet is specific to Spring Park. City Administrator Tolsma stated that something to consider in regards to Black Lake Road is that it almost feels like more of an alley than a road. The garages are right on the road and the front side of the house is lakeside so maybe it shouldn't be treated it like a regular road with this ordinance. Commissioner Avalos responded that even if there are different standards put in place for Black Lake Road those standards need to provide access for emergency vehicles. He stated that currently there is a boat on Black Lake Road that is right up to the street and would require machinery to move it since it is a very large boat that is not on a trailer. In an emergency situation that boat would leave no room for a fire truck which creates a public safety concern. Commissioner Mason questioned if residents can be grandfathered in before this ordinance would go into effect. City Planner Brixius responded that grandfather rights follow building and living units only since outdoor storage tends to change more frequently. The temporary nature of outdoor storage also makes "grandfather" clauses difficult to track for all outdoor storage units on every lot in the City. Commissioner Avalos stated that even with the Planning Commission recommendations there will still be a public hearing regarding the proposed ordinance changes. The public will have a chance to offer input that the Planning Commission will consider prior to sending a final recommendation to the City Council. Chair Hoffman questioned how the public hearing will be advertised since many residents do not read the legal notices section of the paper. We want to ensure that residents are aware of the public hearing so they have the opportunity to provide feedback and find out how the proposed changes could affect their property. City Planner Brixius suggested placing an insert in the quarterly newsletter that is sent in January. This insert could state what is being proposed in plain terms, the date of the public hearing and how to ask specific questions or provide comments. He continued that this is a very personal issue for people so it might be in the best interest of the Planning Commission to go beyond the required method of publication. The Planning Commission consensus is to attach a draft of the ordinance with information regarding the public hearing in the quarterly newsletter and to provide more detailed information on the City website. Chair Hoffman questioned if the Planning Commissioners agreed with Item #2 stating three licensed recreational vehicles. Commissioner Mason responded that he wanted it to be four vehicles. Chair Hoffman and Commissioners Avalos and Palen stated they believed three vehicles was sufficient. Chair Hoffman questioned if the Planning Commission agreed with the five foot setback requirement. Commissioner Mason questioned why a person who has had a boat or outdoor storage unit on their property for many years will now be told they are unable to do so. He stated that the storage issue has not impacted home sales in the area. City Planner Brixius responded lakeshore lots on Lake Minnetonka always sell simply because they are on the lake. The rights of the property owner and impact on home sales are not the only components to consider with outdoor storage. The point of view of the neighbors who are inconvenienced and home values should also be considered. However, the biggest concern is public safety and making sure that emergency vehicles and snow plows can access the roads. The burden should be on the property owner to make sure their property does not impact the best interests of neighborhood and public safety. The Planning Commission consensus was that a five foot setback from the road is sufficient. City Administrator Tolsma discussed an example of a resident that has parked a moving truck in their front yard and questioned if that issue is addressed in the proposed changes. City Planner Brixius believes it should be addressed in the parking section about commercial vehicles over 12,000 pounds. City Administrator Tolsma responded that he has had a resident claim that they aren't using it for storage and that it is a personal vehicle. However, based on complaints from neighbors, that vehicle only moves approximately twice per year. City Planner Brixius responded that if a weight limit was added for vehicles then the issue would be addressed in the Code. Chair Hoffman summarized the two outstanding items for follow-up discussion are the language regarding weight limits on commercial vehicles and the backyard provision for setbacks. City Planner Brixius stated that he will prepare the changes for the December Planning Commission Meeting. Chair Hoffman questioned if the City Planner is comfortable with the proposed ordinance changes. City Planner Brixius responded yes but the Planning Commission also needs to be comfortable with the language so that they can defend and explain the proposed changes at the public hearing. The Planning Commission consensus was to move forward with the proposed changes. 7. COMMUNICATIONS — None. 8. MISCELLANEOUS — Chair Hoffman offered his congratulations to Commissioner Palen on being elected to the City Council. He further encouraged all commissioners to speak to their neighbors about the importance of the Planning Commission to help generate interest and applications for upcoming vacancies. 9. ADJOURNMENT M/Mason, S/Hoffman to adiourn the Planning Commission Meeting at 8:35 p.m. Motion carried 4-0. Date Approved: December 14, 2016 Theresa Schyma, City Clerk Dan Tolsma, City Administrator CITY OF SPRING PARK PLANNING COMMISSION AGENDA DECEMBER 14, 2016 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from November 9, 2016 6. CONSIDERATION/DISCUSSION ITEMS a. Back Channel Brewing Conditional Use Permit Application i. Open Public Hearing ii. Discussion iii. Close Public Hearing iv. Recommendation to Council b. Comprehensive Plan Preview 7. COMMUNICATIONS 8. MISCELLANEOUS 9. ADJOURNMENT CITY OF SPRING PARK PLANNING COMMISSION MINUTES DECEMBER 14, 2016 - 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake 911innetonka 1. CALL TO ORDER - The meeting was called to order by Chair Hoffman at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE —Chair Hoffman led the audience in the Pledge of Allegiance. 3. ROLL CALL Planning Commissioners Jeff Hoffman, Chair; Michael Mason; Max Avalos; and Catherine Palen. Present Planning Commissioners Pete Kaczanowski. Absent Staff ff Present: Dan Tolsma, City Administrator;Al Brixius, City Planner; and Theresa Schyma, City Clerk. 4. ADOPT AGENDA M/Mason, S/Palen to adopt the agenda. Motion carried 4-0. 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from November 9, 2016 M/Mason, S/Palen to approve the minutes. Motion carried 4-0. 6. CONSIDERATION/DISCUSSION ITEMS a. Back Channel Brewing Conditional Use Permit Application—City Planner Brixius provided a summary report of the application, site plan review and planning report for Back Channel Brewing Collective, 4787 Shoreline Drive. City Planner Brixius stated that he recommended approval of the application with the 11 conditions listed in the report. He further stated that he would recommend including one additional condition to require the applicant to provide an elevational drawing of the outside seating area to scale. i. Open Public Hearing— Chair Hoffman opened the public hearing at 7:26 p.m. Ian Maloney, 4710 West Arm Road, stated the he believes his neighborhood is generally in favor of this new business but he has concerns regarding noise issues. He added that based on the proposed plans it doesn't appear that his neighborhood will be affected as much as the residents that live close to Lord Fletcher's Old Lake Lodge but wants to ensure it won't become an issue in the future. City Administrator Tolsma responded that Back Channel Brewery has not indicated any plans for outdoor concerts but that there is a permitting process for outdoor music if that should change in the future. Josh Leddy, CEO and Brewer of Back Channel Brewery, added that the main goal of his business is to educate customers about the brewery and its products which is difficult to do with loud music. He further stated that the brewery will close by 11 p.m. Melissa Langseth, CXO and Taproom Manager of Back Channel Brewery, stated that they do not want the brewery to be a party location. Their goal is to have a business that brings the community together. Sera Maloney, 4710 West Arm Road, stated that she is in favor of the new business and that it will be a great addition to the community. She added that she would like more thought put into the landscape plan since it is a great opportunity to improve the appearance along Shoreline Drive. ii. Discussion —Commissioner Palen stated she is excited about Back Channel Brewery coming to Spring Park but has questions about the landscape plan because the area does need improvement. Mr. Leddy responded that the initial landscape plan did not include much detail because they were still researching the property lines and right of way. City Administrator Tolsma responded that the City has no right of way along Shoreline Drive; if there is any right of way it would belong to Hennepin County but typically everything goes right up to the sidewalks. City Planner Brixius recommended adding Condition #12 —The applicant's landscape person/master gardener must meet with City staff to develop a more detailed landscape plan. The Planning Commission consensus was to add Condition #12 as stated. Commissioner Mason questioned if the brewery would be selling their product to other bars and distributors. Mr. Leddy responded that initially he is considering distributing their product on a limited basis and it would only be as a way to promote people to come to the brewery in Spring Park, not as a way to have their product sold to local bars or other distributors. iii. Close Public Hearing M/Palen, S/Hoffman to close the public hearing at 7:48 p.m. Motion carried 4-0. iv. Recommendation to Council M/Mason, S/Palen to recommend to the City Council to approve the Conditional Use Permit Application for Back Channel Brewing Collective, 4787 Shoreline Drive, with the 11 conditions listed in the initial report and adding Condition #12—The applicant's landscape person/master gardener must meet with City staff to develop a more detailed landscape plan and Condition #13 — The applicant must provide an elevational drawing of the outside seating area to scale. Motion appror ved 4-0. Mr. Maloney requested that Spring Park update the City Code to define landscape requirements like most other surrounding communities. Chair Hoffman responded that the City Code can be updated but the real issue is that the City is currently lacking a method of enforcement. City Administrator Tolsma stated the consideration of the conditional use permit for the brewery will now move forward to the December 19 City Council Meeting. b. Comprehensive Plan Preview- City Planner Brixius provided a summary of the 2040 Comprehensive Plan proposal. He discussed the work program in detail including draft tasks and timelines. He further stated that he believes there won't be many substantial changes from the 2030 Comprehensive Plan and asked each commissioner to look at the current plan to prepare for the tactics interviews that will be conducted in 2017. Chair Hoffman questioned if it would be a similar process compared to ten years ago in regards to community involvement and separate committees to get additional feedback. City Planner Brixius responded that is definitely an option for the City Council to consider. He added that during the last process the tactics interviews were also expanded to include major property owners in the City. Commissioner Mason encouraged open communication to get people involved and interested including putting information in the City newsletter. Commissioner Avalos questioned if expanding the current City parks for the betterment of the community was currently listed as a task in the Comprehensive Plan. City Planner Brixius responded that currently there is not a specific "Parks Plan" but that it could be added so that the issue is researched and addressed. He further stated that if a park study is conducted then it could potentially identify "parks improvement" as a goal but no specific locations or properties would be identified in the study for future resale. City Planner Brixius discussed a handout regarding truck classifications that he would like the Planning Commission to review prior to the next discussion related to outdoor storage. 7. COMMUNICATIONS —None. 8. MISCELLANEOUS —Chair Hoffman thanked Council Member Bren for her service on the City Council and also for her hard work as the Planning Commission Ex-Officio. He also offered his appreciation to Commissioner Palen for her service on the Planning Commission and wished her well on the City Council. City Administrator Tolsma discussed the proposed public hearing dates regarding outdoor storage. He suggested moving the date from February to May due to the fact that Spring Park is a "snowbird" city and more community feedback would be received in May. Commissioner Mason added that moving the date back would also give the Planning Commission time to get back to full membership since this is Commissioner Palen's final meeting. The Planning Commission consensus was to move the hearing to spring of 2017. Commissioner Avalos suggested that the public hearing still be mentioned in January's newsletter and that more detailed information be made available online so that residents have time to review the materials before the public hearing. The Planning Commission discussed ideas for advertising the Comprehensive Plan, outdoor storage public hearing, and vacancies on the Planning Commission including, but not limited writing an article in the City newsletter, posting information online, at the Spring Park Post Office, and at apartment buildings, using the digital message board at the Hennepin County Sheriff's Water Patrol Station, and word of mouth. 9. ADJOURNMENT M/Mason, S/Avalos to adjourn the Planning Commission Meeting at 8:28 p.m. Motion carried 4-0. Date Approved:January 11, 2017 Dan Tolsma, City Administrator Theresa Schyma, City Clerk