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Planning Commission - 04/11/2005 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 11, 2005 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Larry Kacher, John Kirk, Vicki Koenig, Kathy Nelson, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz,William Sutherland STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Nelson called the meeting to order at 7:00 p.m. Absent: Rocheford and Stoelting. II. APPROVAL OF AGENDA MOTION by Stoltz, seconded by Koenig, to add item 2A, the swearing in of John Kirk, new Planning Commission member, and to approve the agenda. Motion carried 7-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON MARCH 28, 2005 MOTION by Koenig, seconded by Stoltz, to approve the minutes. Motion carried 6-0. Rocheford and Sutherland abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. THE POINTE ON LAKE RILEY (a continued hearing) (2005-5), by G & L Land Investments, LLC, Request for Planned Unit Development Concept Review on 4.5 acres; Planned Unit Development District Review with waivers on 4.5 acres; Zoning District Change from Rural to R1-22 on 4.5 acres; and Preliminary Plat of 4.5 acres into 4 lots. Location: 9004 Riley Lake Road. PLANNING COMMISSION MINUTES April 11, 2005 Page 2 Steve Longman, partner of G & L Land Investments, utilized the overhead projector to explain the proposal. He stated that they have had numerous meetings with the neighbors and the Planning and Engineering Departments to address the concerns of tree loss and wetland impact. They resolved these issues by moving the road to the east, closer to the Kirkland property, to get it away from the mature hardwoods. They felt that this would also make the grades better for the road. The net impact of what would be achieved would be that the tree loss would be reduced from 38% to 25% and the wetland impact from 3,490 square feet to 1,860 square feet. A side yard setback was also created from Mr. Lund's property, which would be 15 feet to 30 feet. Mr. Lund's driveway and approach to his property have been preserved and the new plan also allows for a wetland outlot A, which would be dedicated to the City. Nelson asked Franzen to review the staff report. Franzen stated that the staff recommends approval according to the recommendations on page 4 and 5 of the staff report. He stated that the reasons for recommendation for approval have to do with the plan changes that have been made since the first informational meeting. The Planning Commission had a choice between a public road plan and a private road plan and the City saw that there were clear advantages in saving trees and increasing setbacks on the lake and minimizing wetland fill. Nelson opened up the meeting for public input. Ron Lund, 9002 Riley Lake Road, is the owner of the property that is adjacent to this parcel. He stated that when this project started he objected to it,but he is here tonight in agreement and support of the project and would like to commend Mr. Longman in the way this proposal was handled. Koenig asked Fox if there was mitigation for impacted wetland. Fox thought this would be better addressed by Kirk Cullio,project consultant. Mr. Cullio stated that one of the City's comments required that they handle the ponding for Riley Lake Road and they are proposing to do that in between Mr. Lund's private driveway and Riley Lake Road. He stated that they are going with an approach that is somewhat of a treatment train. The water from the yards of the houses will go down a storm sewer system and go into the first pond and then from the first pond it will go into a series of cells and then into the main existing wetland. Mr. Cullio explained this using the overhead projector. The mitigation plan was developed by Wayne Jacobson, wetland specialist. Franzen stated that there are three parts to this plan. The first part is the creation of the wetland. The second part is the storm water quality and the third part is the vegetation plan, establishing appropriate wetland species for the type of wetland that is located there. Stoltz asked about the archeological evaluation and what flags a piece of property to have this done. Franzen stated that the City hired a consultant to do a City- wide historical and cultural resource survey back in 1990. This person is an expert PLANNING COMMISSION MINUTES April 11, 2005 Page 3 in archeological and cultural resources and goes through all of the historical literature that the City has. Also included is information from the State Archeologists Office about various sites in the City. These items are put together on a map that includes between 50 to 75 different sites of different categories of historic and cultural resources in the City. Franzen stated that every time a project is near one of these symbols located on a map, the developer will consult with someone to do an additional survey. Koenig asked how far back the City studied archeological issues when it did development. Franzen stated that the process started in the early 1990's for a citywide historical and cultural survey. Prior to that in the 1970's and 1980's, the City worked with the State of Minnesota on sites where environmental review was required. MOTION by Koenig, seconded by Kacher, to close the public hearing. Motion carried 7-0. MOTION by Kacher, seconded by Koenig, to approve a request for Planned Unit Development concept Review on 4.5 acres; Planned Unit Development District Review with waivers on 4.5 acres; Zoning District Change from Rural to R1-22 on 4.5 acres; and Preliminary Plat of 4.5 acres into 4 lots,based on plans dated April 8, 2005, subject to the recommendations of the staff report dated April 8, 2005, to the City Council. Motion carried 7-0. B. MCCALL BLUFF (2005-12)by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres, Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres, and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road. Jeff McCall, 3920 Hillcrest Way, Deephaven, is the owner of the subject property at 9997 Dell Road. He stated he is asking for waivers in order to split the top of the bluff into two lots in exchange for dedicating the bottom half of the lot to the City and also adding a conservation easement. Mr. McCall illustrated his plan using the overhead projector. He stated that this plan is keeping with the Grootwassik subdivision, which was approved a year ago. Nelson asked Franzen to review the staff report. Franzen stated the philosophical discussion taking place is to decide if it is better to wait until sewer and water comes into the area before the subdivision takes place or does the City grant the waivers in order to obtain the land to preserve the bluff. Last year the Commission and Council did this debate with the Grootwassink subdivision and the thought was that if the City did grant the waivers and did get a considerable portion of land and dedication of conservation easements that the City could preserve the character and the look and feel of the bluff. The waivers in this current proposal are basically the same as the Grootwassink proposal. Franzen stated that the percent of land that is in easement and the amount that is in dedication are very consistent with the parcel that is over to the east. The staff PLANNING COMMISSION MINUTES April 11, 2005 Page 4 recommends approval, including the waivers that are listed on the last page of the staff report. Kacher asked Franzen when the Commission had talked about this property previously. Franzen stated it was a year ago. Kacher stated that the reason he is asking if this was the same property or area that they talked about previously is that he is concerned with what the impact of that discussion would be on similar areas, and what would be the response of the City and also what potential problems would that create. Franzen stated that it would have to be looked at in a very similar manner. He stated that if the City states that a fair trade is to grant waivers in exchange for dedication of land, it should not matter whether that land is a bluff, lake, creek or wetland; as long as it is something that our City deems to be an important physical feature for the City. Kacher asked what would be the potential impact for sewer and water in that area. Franzen stated that if would be some time out before the City gets sewer and water to this area. Gray stated that he could confirm Franzen's observation that the City is some distance away from providing utilities around Dell Road and Turnbull Road. The time frame for Dell Road would be 4-10 years, unless something comes along to accelerate that. He stated it is very expensive to bring sewer and water to those areas. Nelson opened up the meeting for public input. Mike Brandvold, 5382 Mason Points, civil engineer for the project, said that he just wanted to thank the City for their time and support in regards to this project. Robert Grootwassink, 15382 Mason Pointe,had some questions in regards to the lot that is to be subdivided. He asked how many feet each lot was going to be and what would the setbacks be that would be next to his property, and finally what type of houses would be built. Mr. McCall stated that the lot is 85 feet wide, and the side setbacks are 15 feet on each side to allow a 55 foot wide home. He stated that the home would be a higher end home; a 5,000 to 6,000 square foot home with a three car garage. Mr. Grootwassink stated that he is opposed to an 85 foot lot because it is much narrower than the other lots in the area. Mr. McCall stated that on the 5 acres there is an existing home that the present lot is 225 feet across the bluffs and to subdivide this lot, they came up with an 85 foot lot. Nelson asked if the lot was 1.25 acres. Mr. McCall confirmed that it was. Nelson asked the Commission members if the land should be subdivided now or when sewer and water are available and does the City benefit from granting the waivers. Are the trees and slopes best protected with this two lot subdivision. She also reaffirmed that there is an outlot A on the bluff which would be donated to the City. PLANNING COMMISSION MINUTES April 11, 2005 Page 5 Kacher stated that the City does have a right to bring in sewer and water to the area. He stated that in this particular case there have been exceptions in that area and that the builder has the logical rational for asking for the waiver. Kacher would also like to see this issue resolved between the builder and the neighbor. Sutherland asked Franzen about the item under PUD waivers on the first page of the staff report, stating that the property could be developed when sewer and water is available in the future and no waivers would be required. Sutherland asked that when it said, "no waivers", does that include the entire list of waivers that appear above that in the staff report. Franzen said yes, and that the property would be rezoned to the normal single family zoning district. Sutherland asked what the setbacks would be on that and Franzen responded by stating it would be a 10 foot minimum and a 25 foot combined. Koenig stated to Franzen that the City is getting a substantial amount of land with the proposal and asked if it would be advantageous for the City to work with the developer before sewer and water is put in. Franzen stated that it is a good deal for the City and he doubts in the future if the City would end up with the same amount of land protected through dedication and conservation easements. Stoltz stated that it was a good project but asked Mr. McCall if he had talked with both neighbors one on one. Mr. McCall stated that he did not speak with Mr. Grootwassink. Stoltz stated he would like to see this proposal put on hold until Mr. McCall can speak with Mr. Grootwassink. Seymour stated that this project would be good for the City. Sutherland stated that he also thinks this is a good project,but agrees with Stoltz that Mr. McCall should speak with Mr. Grootwassink. Koenig stated that the neighbors should agree with the project before it moves forward. Kacher asked Mr. Grootwassink if he was comfortable moving ahead with the project. Mr. Grootwassink stated he did not agree with putting a home on an 85 foot lot. Mr. Grootwassink asked the Staff to explain the notice about the walking trail and the bike path. Fox responded by stating that they sent letters up to the Riley Creek Corridor and that this would not affect Mr. Grootwassink's property. Franzen asked Mr. Grootwassink if he was asking for a change in the conservation easement on his lot. Mr. Grootwassink responded yes. Franzen explained to the commission that an action to change the conditions of a previous agreement requires a public hearing and cannot be acted on at this meeting. PLANNING COMMISSION MINUTES April 11, 2005 Page 6 Mr. Grootwassink stated he was comfortable moving ahead with the McCall project. MOTION by Sutherland, seconded by Koenig, to close the public hearing. Motion carried 7-0. MOTION by Sutherland, seconded by Koenig, to approve a request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit development District Review with waivers on 4.89 acres; Zoning District Amendment in the Rural Zoning District on 4.89 acres; and Preliminary Plat of 4.89 acres into 2 lots, based on plans dated April 8, 2005, subject to the recommendations of the staff report dated April 8, 2005, to the City Council. Motion carried 7-0. C. VARIANCE#2005-03 Petition of Property Resources Corporation at 6851 Flying Cloud Drive, Eden Prairie, Minnesota. A variance to permit the outside storage of up to 6 rental vehicles exceeding three-quarter ton in the I-2 Zoning District for a five year period. Michael Seeland, owner of Property Resources Corporation, stated that his company is requesting a renewal for this variance. Mr. Seeland described the property by stating that the site is on 4 acres, and it slopes easterly. It is also 14 feet below grade. There is a light industrial building to the south side of the lot and wetland to the east side of the lot. He used the overhead projector to illustrate this and also where the vehicles would be stored. He stated that the purpose of the vehicles is for moving and that they do not do any repairs or maintenance on this site. Nelson asked Franzen to review the staff report. Franzen stated that if the Commission chooses to accept, they should follow recommendations A,B,C and D under item 1 of page 2 of the staff report. Nelson opened the meeting up for public input. There was no input. Stoltz made the comment that 5 years is a long time to grant this renewal and asked if it could be shortened up. Seymour stated that he did not have a problem with the 5 year program because the City granted similar types of variances in the past and there have been no complaints. Seymour asked Mr. Seeland how long it has been since they have not had rental trucks. Mr. Seeland responded that it has been 3 years. Sutherland stated that he would have the same concerns as Stoltz if this was the first variance,but since it is not,he is comfortable with 5 years. Stoltz stated that he was concerned that since they trucks had not been parked there for three years that was the reason there were no complaints. Seymour PLANNING COMMISSION MINUTES April 11, 2005 Page 7 stated that the vehicles would be hidden and hence there should be no complaints. Hanson agreed with Seymour. MOTION by Kacher, seconded by Stoltz, to close the public hearing. Motion carried 7-0. MOTION by Kacher, seconded by Koenig, to approve the variance to permit the outside storage of up to 6 rental vehicles exceeding three-quarter ton in the I-2 Zoning District for a five year period, based on plans dated April 8, 2005, subject to the recommendations of the staff report dated April 8, 2005. Motion carried 7-0. VII. MEMBERS' REPORTS Koenig attended the Wetland Rally and found it very encouraging. She stated approximately 5,000 people were in attendance. VIII. CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS Franzen stated that the Boards and Commission Banquet is scheduled for Monday, April 18, 2005 and to RSVP by April 14, 2005. Franzen stated that there will be two items on the agenda for the April 25,2005, meeting. 1. Variance for residence at 16213 Valley View Road. 2. Variance for residence at 1629 Hilltop road. XI. ADJOURNMENT MOTION by Koenig, seconded by Seymour, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting adjourned at 8:20 p.m.