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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.