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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 Planning Commission Minutes December 12, 2005 Page 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 Planning Commission Minutes December 12, 2005 Page 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. Planning Commission Minutes December 12, 2005 Page 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 Planning Commission Minutes December 12, 2005 Page 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 Planning Commission Minutes December 12, 2005 Page 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 Planning Commission Minutes December 12, 2005 Page 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. Planning Commission Minutes December 12, 2005 Page 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.