Planning Commission - 11/14/2005 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, NOVEMBER 14, 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 Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher, Rocheford, and
Sutherland.
II. APPROVAL OF AGENDA
MOTION by Koenig, seconded by Nelson, to approve the agenda. Motion carried 6-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON OCTOBER 10, 2005
MOTION by Koenig, seconded by Seymour, to approve the minutes. Motion carried
6-0.
PLANNING COMMISSION MEETING HELD ON OCTOBER 24, 2005
Kirk stated that on page 6, approximately two-thirds of the page down, the statement that
read, "The current letter from Mr. Peterson would confirm that he had one sign on his
property and the sign had been there since 10/26/52", contained an incorrect date. The
correct date should be 10/26/62. Franzen confirmed that the date should be 10/26/062.
MOTION by Nelson, seconded by Koenig, to approve the minutes. Motion carried 4-0.
Koenig and Nelson abstained.
Planning Commission Minutes
November 14, 2005
Page 2
IV. PUBLIC MEETING
V. INFORMATIONAL MEETING
VI. PUBLIC HEARINGS
A. DOUGHTY ADDITION by Baton Building Company. Location is 13200
Roberts Drive. Request is for Zoning District Change from Rural to R1-13.5 on
1.06 acres; Preliminary Plat of 1.06 acres into two lots and road right-of-way.
Randy Zedlick, of the Baton Building Company, presented the proposal. He
started out by stating that he is here tonight to request the lot split for the property
on 13200 Robert Drive. He stated that he presented the layout and plans to Staff.
He also stated they were originally purposing a three lot division but after
reviewing the steep slopes and the tree loss they felt that a split down to two lots
would be more feasible. Mr. Zedlick stated that the memorandum sent out by the
Planning Department described that they were not asking for any variances and
were also within the tree preservation guidelines.
Stoelting asked Franzen to review the staff report. Franzen stated that this request
is for a two lot subdivision that conforms to the R1-13.5 zoning regulations and
the associated subdivision regulations. The staff recommendation is for approval
according to the recommendations on page 2 and 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Koenig commented that she would like to thank the project proponent for just
going with two lots instead of three because that property is extensively wooded.
MOTION by Kirk, seconded by Nelson, to close the public hearing. Motion
carried 6-0.
MOTION by Kirk, seconded by Stoltz, to approve the Zoning District Change
from Rural to R1-13.5 on 1.06 acres and Preliminary Plat of 1.06 acres into two
lots and right-of-way based on plans stamped dated November 10, 2005, and the
staff report dated November 10, 2005. Motion carried 6-0.
B. EDEN VIEW ESTATES by Insignia Development LLC. Location is 17650
Flying Cloud Drive. Request is for a Planned Unit Development Concept Review
on 8.00 acres; Planned Unit Development District Review and Zoning District
Amendment in the Rural Zoning District on 8.00 acres; Preliminary Plat of 8.00
acres into two lots and one outlot.
Planning Commission Minutes
November 14, 2005
Page 3
Don Uram, of Insignia Development LLC, presented the proposal. Mr. Uram
stated that they are proposing the development of an 8 acre parcel into two
residential single family lots and one outlot containing approximately 4.5 acres
for dedication to the City for protection of slopes and trees. He pointed out that
the development is at the intersection of a private drive on Turnbull Road and
Dell Road. He also stated that they are complying with Staff's recommendations
for the dedication of right of way for Dell Road. Mr. Uram stated that there is a
question in the staff report regarding the dedication of the right away along the
north property line. To provide access to the two single family lots, rather than
from Dell Road,he stated that they were asked by the City to acquire a private
driveway access to provide access to the site. He stated that along with the two
other property owners directly to the east of the property they were able to acquire
that property and it is owned as tenants in common with all three landowners.
Mr. Uram said that City Staff has requested a right of way dedication and he
informed Staff that they would comply with any of the City's requirements for
their portion of the property. He pointed out that they are one-third owner and
that they do not have control over the other two property owners so it turns out to
be a technical issue for how they are to give the City the property. Mr. Uram
emphasized that they are complying with all other Staff recommendations;
including tree replacement and waivers.
Stoelting asked Franzen to review the staff report. Franzen stated that there is a
Summary Section on page 3 of the staff report and it is also the same one they had
written for such projects as McCall Bluff and Grootwasink. He pointed out that
because this site is located along the bluff, the City looked at how best they could
accommodate some development while still maximizing the amount of land on
the bluff that could be preserved. He stated that the staff report talked about
granting of waivers for lot size in the rural district in exchange for the dedication
of land and road right of way. Franzen pointed out that since it was required with
similar projects the same thing should hold true for developing the Gary Stevens
property. Staff recommendation is for approval based upon the conditions and
requirements on page 3 and 4 of the staff report.
Stoelting asked Staff if the right of way under dispute was addressed in the staff
report. Gray addressed the question by stating that this should not be classified as
a dispute but rather an opportunity. City had originally directed them to obtain
the right to be able to use this corridor for ingress and egress and the benefit
would be that these lots would not be taking access to Dell Road directly, which is
a north/south roadway,but more to a corridor that would have more of a character
of a residential street. This is a piece of property that serves no other purpose
than access to this property and other properties but it was in private ownership
and there were some disputes about to what extent other properties could use it for
ingress and egress. The consortium of land owners has not acquired it and the
City would like to explore the possibility that it could be dedicated as public right
of way. Gray said that it should be considered a future step and not an
impediment to the project itself because the City has not intended for that to
Planning Commission Minutes
November 14, 2005
Page 4
happen. He pointed out that the developer has more than met the goal of the
City's original direction of them to obtain the right of ingress and egress.
Because of this, the project stands with good merits and balance and would
benefit the City in the long run. Gray stated that with the Commission's approval
they would like to work with the developer and other property owners to see if the
property could be set up in the future to have a public utility corridor and possibly
a public street along the corridor.
Stoelting asked Gray where the right of way corridor is located. Gray stated that
in looking at the diagram and at lots one and two it is directly north in the
rectangular box.
Stoelting opened the meeting up for public input.
Gary Stevens, of 17650 Flying Cloud Drive and current owner of the property,
wanted to commend Michael Franzen and his Staff and the Planning Commission
for what has been done for the whole southwest area and with the similar projects;
Grootwasink and McCall. He is grateful that this area is not a high density
housing project.
Koenig asked the project proponent if he decided what species of trees he had in
mind for the tree replacement plan. Mr. Uram stated that he has not given any
consideration to the species of trees and asked Fox if he had a recommendation.
Fox stated that Staff would take a look at what is in the surrounding area and
stated that across the road there are some large burr oak trees but that any species
that would keep with the character on Turnbull Road would be adequate.
Nelson stated that she is pleased that this bluff area is being finished out with this
project and wanted to commend the City Staff and all of the property owners for
all of their work.
MOTION by Koenig, seconded by Nelson, to close the public hearing. Motion
carried 6-0.
MOTION by Koenig, seconded by Kirk, to approve the Planned Unit
Development Concept Review on 8.00 acres, the Planned Unit Development
District Review and Zoning District Amendment in the Rural Zoning District on
8.00 acres, and the Preliminary Plat of 8.00 acres into two lots and one outlot
based on plans stamped dated November 7, 2005, and the staff report dated
November 10, 2005. Motion carried 6-0.
VII. MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
Planning Commission Minutes
November 14, 2005
Page 5
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Franzen distributed material on the Eden Prairie Major Center Area final draft, which will
be addressed at the November 28 h Planning Commission meeting. This will be the only
item on the agenda.
XI. ADJOURNMENT
MOTION by Nelson, seconded by Koenig, to adjourn the meeting. Motion carried 6-0.
There being no further business, the meeting adjourned at 7:20 p.m.