Planning Commission - 12/12/2005 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, DECEMBER 12, 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 7:30 p.m. Absent: Kacher, Nelson,
Seymour, and Sutherland.
II. APPROVAL OF AGENDA
MOTION by Koenig, seconded by Kirk, to approve the agenda. Motion carried 5-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON NOVEMBER 28, 2005
Koenig had a revision on page 11, fourth paragraph. The sentence that reads "in regards
to open space and natural resources in the PCR" it should read PCRA.
MOTION by Koenig, seconded by Kirk, to approve the minutes. Motion carried 5-0.
IV. PUBLIC MEETING
V. INFORMATIONAL MEETING
VI. PUBLIC HEARINGS
A. AGING JOYFULLY by Ken and Joy Hansen. Request is for a Comprehensive
Guide Plan Change from Low Density Residential to Medium Density Residential
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December 12, 2005
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on 1.61 acres; Planned Unit Development District Review with Waivers on 1.61
acres; Zoning District Change from Office to RM-6.5 on 1.61 acres. Location is
13050 Pioneer Trail.
Joy Hansen and her husband Ken presented the proposal. Mrs. Hansen stated that
they have been residents of Eden Prairie for 101/z years and she has been a
registered nurse for 24 years and in June of 2004 she completed her advanced
practice degree. She stated that what they would like to do with this property is
change the zoning. Mrs. Hanson stated that the purpose of Aging Joyfully is to
provide a residential care community for up to 10 elderly men and women who
are unable to remain independent due to cognitive impairment or physical
disabilities. She also stated that the goal of this care community is to be a home
for its members where they receive the professional care needed and the non-
professional care desired. Mr. Hansen explained that in supporting the guide plan
change they believe that Aging Joyfully supports the need for the housing,health
and social services for the community senior population and that would go along
with the Seniors Issue Task Force that was worked on through the City and the
Council back in 1995. He pointed out that the property is buffered by a number
of large mature trees that would give the property a sense of privacy. The
building as it stands now if used for office, so they would be renovating the 4000
sq. ft. of the building for a single level living space. He stated that they will also
work with the City to make sure codes and requirements are met. Mr. Nelsen
pointed out that from a renovation prospective, the only change that would be
made to the exterior would be the maintenance of the parking area to the grounds
area and that a patio would also be added to the property.
Stoelting asked Regina Herron to review the staff report. Herron stated that the
Commission should discuss whether the best use of the property is multiple
family residential or the current use, which is office. She pointed out that an elder
care facility meets the needs of the City as identified by the Seniors Issue Task
Force and also pointed out that multi-family housing is transitional use between
single family residential and commercial and industrial uses. Herron stated that
this request does require waivers and one of those waivers is for parking. The
existing parking is surface parking and typically a multi-family housing unit
requires one parking in a covered facility, however elder care facilities typically
do not require as much parking as a typical multi-family housing facility,
however, there is room on site if it were ever to become an issue. Herron stated
that the Planning Commission should weigh the alternatives; one is for approval
and the second is for denial.
Koenig asked the project proponent if when they remodel is it going to be
separate living facilities for the occupants. Mrs. Hansen stated that on the south
side of the building there is a drafting room that can be converted to 7 or 8 private
rooms and perhaps one double room. There would be a large open area for all of
the residents and a large kitchen on the other end. There would also be 24 hour
care with complex nursing services offered. Mrs. Hansen also pointed out that
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December 12, 2005
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there will be a nursing assistant on site all of the time and she would be there
daily with an RN on call at all times. She stated that it would be licensed as
housing with services facility with the state. Koenig stated that she felt this
facility would be an asset to the community.
Stoltz asked if the first floor was wheel chair assessable. Mrs. Nelson stated that
the whole place will be handicapped assessable. She pointed out that their initial
plan is for a two stage renovation. The first phase would be the main level, which
would contain the living area and the second phase would be the basement, which
would have a room for family members, conference room, offices and a laundry
facility. They would also hope to have a ramp that goes from the top level to the
bottom because there is a walkout area on the bottom level. Stoltz asked what the
floor plan and time line would be for the bottom level. Mr. Nelsen stated that
they have not yet scoped the second phase but that the first phase is set to begin in
February and be completed in July or August.
Stoeling asked the project proponent to illustrate where the waivers would be,
utilizing the overheard projector. Mr. Hansen stated that the waiver for the area
came into being when Hwy 212 was expanded and the very northwest corner of
the parcel of land was two feet over the boundary. Stoelting asked Mr. Hansen to
discuss the parking waiver. Mr. Hansen stated that the addition parking spaces
would be located in the middle of the open ground area and the eastern side of the
parking area would be the drop off area because there would be easy access to the
front door entrance. Mr. Hansen stated that the majority of the parking spaces
would be taken up by employees and visitors of patients and he said that he
anticipates that traffic would be very low.
Stoelting asked the Commission if there was any discussion from changing the
guide plan from low density residential to medium density residential or changing
the zoning from office to residential. The Commission felt this was a desirable
change.
MOTION by Koenig, seconded by Rocheford, to close the public hearing.
Motion carried 5-0.
MOTION by Koenig, seconded by Rocheford to approve the comprehensive
Guide Plan Change from Low Density Residential to Medium Density
Residential; Planned Unit Development District Review with waivers and Zoning
District change from Office to RM-6.5 based on plans stamped dated November
28, 2005, and the staff report dated December 9, 2005. Motion carried 5-0.
B. DOYLE ADDITION By Dennis Doyle. The request is for Planned Unit
Development Concept Review on 12.1 acres; Planned Unit Development District
Review with waivers on 12.1 acres; Zoning District Amendment within the Rural
District on 12.1 acres; Preliminary Plat on 12.1 acres into two lots and one outlot.
The location is 9980 Dell Road and 17950 Flying Cloud Drive.
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Dennis Doyle submitted the proposal and utilized the overheard projector to
illustrate this. Mr. Doyle stated that he and his wife are 18 years residents of
Eden Prairie and they would like this project to be their final home. He pointed
out that the project is located on Hwy 212 and Dell Road and they have purchased
two different parcels of land with two existing houses; which is approximately 12
acres of land. He stated that the existing home in the corner of the property that is
located on Dell Road will remain where it is and will be utilizing the current
driveway. This is a 3000 square foot home. For the other lot the existing
driveway comes off of Hwy 212 and they would like to add a new access to the
property from Dell Road serve a new house to be built in the same location as the
existing house on the parcel today. Mr. Doyle stated that they have spent a
considerable amount of time with the City to work this proposal out and to put
approximate 50% of the total area into a conservatory easement as well as to
donate a trail easement. He also stated that there was a tree inventory completed
and that there are approximately 5500 caliper inches of trees on this site and that
less than 5% will be taken out.
Stoelting asked Kipp to review the staff report. Kipp stated that this property is
being treated similar to other projects that the Commission has reviewed along the
bluff where there are large parcels of acreage with a house or two on them,
providing the property owners the ability to make better use of their property
while at the same time preserving as much of the bluff area as possible. He
pointed out that this property is providing for minimal impact to the site by
placing the new home over the existing home site on lot 1 and looking at
maintaining the existing home on lot 2. Kipp started that the staff recommends
approval of the project.
Stoelting asked if Mr. Andrew Moehler was present in the audience. He was not.
Stoelting pointed out that Mr. Moehler had submitted a letter addressing some of
his concerns for the development of this project. Gray addressed the issues in Mr.
Moehler's letter. Gray stated that Mr. Moehler had some concerns about Dell
Road providing access for the new home that Mr. Doyle was to build on Dell
Road because of the current geometries and condition of Dell Road. Gray pointed
out that in the not too distant future, within the 2-5 year range, the City would be
looking at rebuilding Dell Road to the kind of standards that can be found on Dell
Road to the north. He stated that under the current conditions there are some
geometric issues and some maintenance issues regarding the gravel surface, but
the City would be very supportive for providing home site access to Dell Road so
the homeowner would not have to rely on access from Hwy 212. Gray stated that
there will be a wetland review completed to see if there is any impact to the area.
He said that the City does feel this will be a safer and better access in the long
run.
Stoelting clarified that lot 2 was not the issue but rather lot 1, and that would be
because the proponents are adding access to Dell Road. Stoelting asked Gray
how the two roads up to the house would affect the garage placement. Gray said
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that because of the site plan there would not be access up to the house, garage and
driveway from Hwy 212. The only access Hwy 212 would allow would be access
to the accessory structure.
Stoelting opened the meeting up for public input. There was not input.
Stoltz stated that he had a concern for Kipp about the seven waivers on the project
and are they being granted based on the additional land the City would be
receiving. Kipp stated that these waivers are consistent with the other projects on
the bluff. He stated that that the waivers are based on the platting of the property
and that the project proponents are not creating new lots or subdivisions.
Stoelting asked where the setbacks are located for lot 2. Mr. Doyle illustrated
where the setbacks were located utilizing the overhead projector.
Stoelting asked Fox to describe the future tails on this area. Fox stated that the
trails have been in the City's plan for quite some time and was requested by Mr.
Doyle to have the land set aside for the conservation easement and trail easement
and at some time if this was dedicated to the City a nature trail would be
established in this area.
MOTION by Kirk, seconded by Koenig, to close the public hearing. Motion
carried 5-0.
MOTION by Kirk, seconded by Stoltz, to approve the Planned Unit
Development Concept Review on 12.1 acres; the Planned Unit Development
District Review with waivers on 12.1 acres; Zoning District Amendment within
the Rural District on 12.1 acres; and the Preliminary Plat of 12.1 acres into two
lots and one outlot based on plans stamped dated December 7, 2005, and the staff
report dated December 9, 2005. Motion carried 5-0.
C. CODE AMENDMENT by the City of Eden Prairie, Leslie Stovring. Section
11.55 Land Alteration, Tree Protection and Storm Water Management
Regulations.
Ms. Stovring stated that the Stormwater Management and Erosion Control
Ordinance is being updated as part of the City's Phase II National Pollutant
Discharge Elimination System (NPDES)permit program. City code Section
11.55 has been revised to include requirements that the Minnesota Pollution
Control Agency (MPCA) has instituted for issuance of a Stormwater Permit
through the State's permitting authority. The Clean Site, Land Alteration, Tree
Preservation and Stormwater Management Code will apply to land alteration
activities such as excavating, grading, digging, cutting, scraping, clearing,
removal of trees, or filling. The result of these changes is better erosion control
and cleaner water. Ms. Stovring presented a PowerPoint presentation to illustrate
these changes to the Code Amendment. She stated that Eden Prairie is considered
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a phase 11 City (MS4) and one of the requirements of the program is to have an
ordinance in place to reduce pollutants from construction activities that result in
land disturbance. The NPDES permit also requires long-term monitoring of
Stormwater Facilities. The existing ordinance (Section 11.55) was amended to
address permit requirements. The following are the changes to the ordinance:
A. Exemptions —Subd. 3
1. Excavate less than 100 cubic yards
2. Alter less than 1,000 square feet
3. Cut,remove or kill < 10% of significant trees and/or < 10% of
vegetation.
4. Install fence, sign, telephone or electric poles with less than 1,000
square feet of exposed soil.
5. Home gardens or landscaping.
6. Retaining walls less than 4 feet high and 10 feet long
7. Opening and closing graves
8. Emergency work
9. Excavations for public works projects undertaken by City
B. Single Family Construction
1. Building Permit only
2. Must comply with general land alteration requirements
3. Required to allow inspections and monitoring of site
4. If more than 10% of significant trees are removed, must follow tree
replacement requirements.
C. Tree Replacement—Subd. 4
1. Requires that replacement trees be pre-approved in writing by the
City.
2. List provided only for guidance.
D. General Requirements — Subd. 5
1. Concrete truck wash out
2. Driveway construction timeline
3. Final stabilization
4. Hours of operation (Mon.-Fri. 7am-7pm and Sat. 9 am to 7 pm)
5. Tracking and spilling
6. Waste and material collection and disposal
7. Pre-settlement of storm drainage
8. Erosion control maintenance
E. Land Alteration Permit— Subd. 6
1. Provide cost estimate
2. Grading and construction plans prepared by professional engineer
3. Evaluation of natural infiltration/swales
4. Stormwater Pollution Prevention Plan
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5. Site Map with stormwater facilities and erosion control
6. Financial security
7. Post construction stabilization and timeframes
F. Inspections, Monitoring & Maintenance— Subd. 8
1. Provide right of entry
2. Access to site and materials
3. Monitoring of stormwater discharges
4. Inspections and maintenance both during and after Land Alteration
5. Stormwater Facility Easement
G. Financial Security—Subdivisions 11 through 13
1. Tree Replacement— 150%
2. Land Alteration Permit— 125%
3. Action against Financial Security—Work or tree replacement stops
for thirty (30 ) days, permit is revoked or excessive erosion has or
will occur.
4. Security released when all work is complete, including one (1)
year after tree replacement completed.
Ms. Stovring stated that in 2006 the City will be implementing this program. The
City will also be updating the Stormwater Permit to address Nondegradation. She
stated in 2008 the City will need to look at and revise the Illicit Discharge
Detection and Elimination Ordinance for significant non-stormwater discharges or
flows and also the Post-Construction Runoff Ordinance to ensure long-term
operation and maintenance of BMP's installed for runoff control.
Stoelting asked Ms. Stovring to clarify if the Planning Commission is going to be
involved in Land Alteration Permits. Gray stated that the Commission would be
seeing exactly the same projects as they have been seeing in the past.
Stoelting asked about the Post Construction Inspection and Maintenance
Requirements and asked Ms. Stovring to clarify those. Ms. Stovring said that
starting in 2003, the City began inspecting every pond and inlet to storm water
facilities every five years. If a problem is identified it has to be corrected as soon
as possible. What this new ordinance is requiring is that the land owner must start
inspecting and maintaining privately-owned ponds in accordance with State
requirements and supply the City with the results.
Stoelting opened the meeting up for public input. There was no input.
MOTION by Stoltz, seconded by Kirk, to close the public hearing. Motion
carried 5-0.
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MOTION by Stoltz, seconded by Rocheford, to approve the revisions for the
Code Amendment Section 11.55 Land Alteration, Tree Protection and Storm
Water Management Regulations. Motion carried 5-0.
VII. MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Kipp stated that there will be no Planning Commission meeting on December 26, 2005
because the City offices are closed in observance of the holiday. The next meeting is
scheduled for January 9, 2006.
Ryland Homes has proposed changes to the architecture for the townhouse plans for
Hennepin Village. Since the proposed elevation is consistent with the architectural theme
for Hennepin Village, and adds variety, the staff is considering the proposed change to be
administrative. Kipp used the overhead to show the Commission the changes in
architecture proposed by Ryland Homes. The Commission concurred with staff that the
changes are minor and will not require a site plan review by the Planning Commission.
XI. ADJOURNMENT
MOTION by Koenig, seconded by Rocheford, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting adjourned at 8:47 p.m.