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Planning Commission - 01/08/2007 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 8, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Parks and Natural Resources Manager Al Gray, City Engineer Mike Franzen, City Planner Scott Kipp, Senior Planner Regina Herron, Planner II Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Rocheford and Stoltz. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk, to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON DECEMBER 11, 2006 Kirk had an addition to page 6, paragraph 2, of the minutes. It should read; Kirk stated the town home proposal would have less traffic and would be less intrusive than single family homes "for Vervoort residents". Powell had an addition to the motion on page 9, paragraph 8. The addition should read, "City Staff would discuss additional parking for nearby residents". Stoelting had a change to the first sentence of paragraph 5, on page 6. It should read, "Stoelting summarized by stating the Planning Commission would like to see both proposals more fully developed, especially the single family home plan, and to include several different site plans. Planning Commission Minutes January, 8, 2007 Page 2 Koenig had a change to the first sentence of paragraph 2, on page 9. It should read, "Koenig stated to Franzen since the Commission approved the previous PUD, the proponent is bound by that one". MOTION by Kirk, seconded by Koenig, to approve the minutes as amended. Motion carried 5-0. Seymour abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETINGS VI. PUBLIC HEARINGS A. COMMUNITY CENTER & ROUND LAKE PARK Request for: Site Plan Review on 103 acres; Variance to permit a 0 foot rear yard setback for a building addition; City Code requires a minimum 50 foot rear yard setback in the Public Zoning District; Variance for exterior building materials. Scott Neal, Eden Prairie City Manager, started out the proposal by giving some history to this project. He stated the Eden Prairie citizens approved the Parks Bond Referendum, which would be funding this project. He stated Mr. Lambert, the Eden Prairie Director of Parks and Recreation, would be presenting the proposal. Mr. Lambert utilized the overhead projector to show illustrations of the project. He pointed out the new parking for the Community Center would be moved closer to the building. He also said one parking lot would be dedicated during the school year to the Eden Prairie High School for student parking during the day. Mr. Lambert said the Eden Prairie Baseball Association would pay for 50% of the cost for the new baseball field lighting and other additional amenities. He pointed out with this project they will lose one softball field, but the remaining field will utilize lighting so they can accommodate the same number of adult league teams. Mr. Neal addressed the issue of the proposed land swap with the Eden Prairie School District. He stated in 2006, the City talked with the school in regards to a land swap, in anticipation of a third rink. He pointed out the City was initially going to swap the parking lot parcel that is adjacent to Oak Point, for the additional land needed for the rink. This option was not approved but what was agreed upon was giving the School District a small section of the parking lot west of the Community Center. Mr. Lambert stated this would be a very even trade for both the City and the School District. He pointed out the reason for the variance request was with this exchange there would only be 10-12 feet setback versus 50 feet, which is what the Planning Commission Minutes January, 8, 2007 Page 3 City ordinance dictates. Mr. Lambert started a variance for exterior building materials is no longer needed and the elevations meet city code. Stoelting asked Herron to review the staff report. Herron stated in clarifying the zero lot line variance, she said the building would be right up against the lot line. Mr. Lambert clarified by stating the City and the school district will be trading proerty so the City will own the land between the rink and Eagle Drive . Stoelting opened the meeting up for public input. There was no input. Pitzrick asked if rain gardens would be incorporated into the parking lot. Mr. Lambert stated they were looking into it,but it did not fit into the plan. Pitzrick asked if permeable black top could be used. Mr. Lambert stated in the area where the Lions tent would be placed would be a good spot where they could try it. He pointed out since the durability of the product is unknown, they would just use a test area. Stoelting asked Mr. Lambert to address the timing of the project and discuss issues of parking. Mr. Lambert said they are trying to accommodate the School District and because of this, and the Lions Schooner Days, the parking would be very congested. They would like the parking lot done before school starts; so they will start on the day after Schooner Days. Mr. Lambert also pointed out the Eden Prairie High School hockey team would not be able to have any games until after January 1st MOTION by Powell, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to recommend approval of the Site Plan Review on 103 acres; Approve variance to permit a 0' rear yard setback based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 6-0. B. WHISPERING RIDGE by Premier Development. Request for: Zoning District Change from R1-22 to R1-13.5 on 3.78 acres; Preliminary Plat of 3.78 acres into nine lots and road right-of-way. Nathen Jones,project manager, stated there are three homes on the lots currently make up this parcel of land. He stated one of the homes was built in 2006; which would remain,but the other two homes would be demolished. The new plan is for 9 single family lots, or 6 more lots than currently occupying the site. The plats meet all of the setback requirements and do not require any variances. Mr. Jones stated they have made changes to Hilltop Road by removing the hammerhead turn-around and extending a cul-de-sac into the property. He pointed out this would also increase green space to the area. Mr. Jones said they would like to Planning Commission Minutes January, 8, 2007 Page 4 start the project in the early summer and housing prices will start in the $600,000 range. Stoelting asked Kipp to review the staff report. Kipp stated Staff recommends approval of this project. Stoelting opened the meeting up for public input. Sharon Stremke, of 9172 Gateway Lane, said she is concerned about the loss of trees this project would take down and would like to have the City make sure they replace these trees; specifically on the east border. Nicole Armstrong, of 9221 Shetland Road, said she is the most impacted by the hammerhead turn-around. She stated she, as well as her neighbors, are all happy with the new cul-de-sac. She did say she is concerned with the loss of trees with this new development, and also there is no park in the immediate area. April and Steve Alm, of 16440 Hilltop Road, stated they are both in support of this project. Paula Paal, of 16555 Hilltop Road, stated she is concerned about the extension of the driveway. She stated she is concerned about plowing this driveway and requested details about leasing part of the driveway to the City. She also stated she is concerned about the mileage of the school bus; since they have to pay the bus based on distance from the school. Ms. Paal also asked who will be maintaining the driveway. Chuck Roycraft, of 16500 Hilltop Road, stated he has lived in this area for 25 years and he is one of the owners of the proposed parcel of land and he wanted to say he is in favor of this project. Dawn Stover, of 16291 Hilltop Road, stated she is opposed to the zoning change. She said in regards to the assessment of the new road, the new homeowners should contribute to this cost. Ms. Stover also feels this project is too dense for the area. Tom Clarke, of 16301 Hilltop Road, said he shares her same concerns. He also said he would like the developer to put in sidewalks, at their expense, for the new road. Stoelting asked Fox to address the replacement of significant trees on the east and west of the property, and also the issue of a park, or lack of, on the south side of Pioneer Trail. Stoelting asked Gray to address the issue of the driveway extension, and the questions surrounding it; such as, will it be leased to the City, who will maintain it, and where will the school bus stop. Stoelting stated when residents voted for improvements in the area, it appeared they were unsure they Planning Commission Minutes January, 8, 2007 Page 5 were also voting for zoning changes; he asked Kipp to address this issue, along with the sidewalk issue. Fox stated in looking at this area, it appears there are a lot of trees,but actually only 24 significant trees would be coming down, which would be 45% loss. He stated in regards to neighborhood parks, the City has proposed a park on Eden Prairie Road at the Riley Creek crossing. He said the use of this parcel of land is unavailable to the City until a legal law suit between MAC and Northwest Airlines is resolved. He pointed out the City cannot do anything until MAC gives us permission. Fox said in regards to the sidewalks, this is an existing, older neighborhood that is not slated for sidewalks, unless it is all agreed on by the residents of the area and then they would contribute to the cost. Fox said in regards to trees to the east of the property line, most of these would be replaced. In regards to the trees in the northeast portion of this project, the trees would not be touched. Gray addressed the issue of the private driveway on the public roadway. He stated the owner of the driveway is responsible for maintaining it, and it will be allowed in the right of way and would not require a lease. Gray pointed out the advantages to a longer driveway would be more privacy and a larger front yard. He stated there were two plans the City proposed for this area. The first one would be Hilltop Road could be extended, which would create an additional cul- de-sac. And the second plan would be the proposed plan, which would have the long driveway in the area. Gray said there have been assessments in the area to cover cost of water and sewer and current residents should remember the lots being subdivided are paying two assessments. Gray said in regards to the traffic volume in this area, it would not be significantly different than what it currently is. Kipp addressed the issue of zoning. He stated this area was zoned R1-22 in1969, and when sewer and water were developed so were the R1-13.5 and R1-9.5 districts Kipp said the City has supported the development of the districts to the west and northeast of the proposed site.. He stated the project is consistent with the guide plan and zoning district and the city recommends approval of this project. Pitzrick stated he has a concern with the splitting of the property toan R1-13.5 development, and questioned if this would change the look of the neighborhood. Kipp stated this piece of property is wide enough to allow building on both sides of the extended dul-de-sac and it would not change the look of the neighborhood. Koenig asked Fox to explain the tree mass to the audience. Fox stated it would look like more vegetation is being taken down because of the tree mass on the site that isn't considered significant by definition,but they are mitigating the significant tree loss on the site under City Ordinance. Koenig asked if the 38" silver maple would have to come down. Fox stated it would have to come down. Planning Commission Minutes January, 8, 2007 Page 6 Koenig asked if the lot could be eliminated. Kipp stated by eliminating the lot would not change the grading for the property. Pitzrick asked Kipp to discuss the legal ramifications if the project would not be approved. Kipp said since they are in compliance with the comprehensive plan and requirements for the R1-13.5 Zoning District, there would need to be legally defendable reasons to deny this project. Stoelting stated since this project meets the guide plan it would be a very difficult to deny this. Kipp confirmed this. MOTION by Koenig, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Kirk, to recommend approval of the Zoning District Change from R1-22 to R1-13.5 on 3.78 acres and Preliminary Plat of 3.78 acres into nine lots and road right-of-way based on plans stamped dated January 2, 2007, and the staff report dated January 5, 2007. Motion carried 4-1, with one abstention. C. BIRCH ISLAND PARK by City of Eden Prairie. Request for: Site Plan Review on 28.3 acres. Stu Fox, Parks and Natural Resources Manager for the City of Eden Prairie, presented the proposal. He stated the City is proposing minor changes for this existing park site. The first change would be to reconfigure the entrance road. He said they would like to change the entrance that is currently at the north end of the park by moving it southerly to a location with better sight distance . He stated they will also be adding a trail and rain water garden, and pointed out there would be no tree loss. Fox also stated he had a couple of meetings with the neighbors and their concerns or changes for this park would be they wanted a paved driveway and better access into the park. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. Jeff Strate, a resident of Eden Prairie, stated this is a good project,but has a question about the storm water detention pond and would this be located in the parking lot. Fox stated the pond was a water quality improvement probect by the Watershed District is not connected with this project. Bill Kunz, a neighbor of Birch Island Park, is concerned that access into the park is very critical because it is very close to the County Road 62 ramp. Fox stated Planning Commission Minutes January, 8, 2007 Page 7 there are two ways to gain access to this park; the first being off of County Road 62, and also the future Country Road 4 bike trail entrance. Powell stated he is pleased with the outcome of the project. Koenig was also pleased with the rain gardens on this project. MOTION by Kirk, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Koenig, to recommend approval of the Site Plan Review on 28.3 acres based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 6-0. D. EDENVALE PARK by the City of Eden Prairie. Request for: Site Plan Review on 9 acres; Variance to permit a 27.3 front yard setback for a parking lot; City code requires a minimum 50' front yard setback in the Rural Zoning District; Variance to permit a 41.46" setback for a basketball court. City code requires a minimum of 50' front yard setback in the Rural District. Stu Fox, Park and Natural Resources Manager for the City of Eden Prairie, presented the proposal. Fox stated this is a redevelopment of Edenvale Park. He pointed out this park has been discussed for years and when the bond referendum came to be, the City had an opportunity to improve the park layout and amenities. The City did have a meeting with the neighbors to discuss what they would like within the park. One improvement would be to build a new permanent park building. Fox also used the overhead projector to illustrate other amenities for the park. He stated they are adding more parking spaces to this area and a basketball court. Fox pointed out the area would be irrigated. He stated the new park building would have sewer and water. The building would also have a covered picnic area. He stated the storm water run off from the parking lot would go into a rain garden. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. Deb Hetherington, of 7252 Sunshine Drive, said she is speaking on behalf of all the residents in the area. She stated they are excited about the overall plans for the park but they did have one concern, which is the overall loss of significant trees. She stated they feel 40 trees are a considerable amount of tree loss and they would like the City to minimize the tree loss. She said their second concern is only a limited amount of residents received notification of this project. Planning Commission Minutes January, 8, 2007 Page 8 Jeff Strate, of 15021 Summerhill Drive, stated he is happy with the renovated playground,but he would like the City to make it friendly for seniors and young moms by putting in more benches in the playground area. He also agreed with Ms. Hetherington in regards to the tree loss. Mr. Strate also recommends naturalizing plantings, and to put in shrubs and grass versus turf. Stoelting asked Fox to address these issues. Fox said in regards to the trees, they looked at the total lot size, and with that in mind, the tree loss is very minimal. Fox pointed out the new amenities cannot be put in without these trees being taken out. Fox said in terms of naturalized plantings, they have tried that in the past, and some people tend to think it looks like more of a un-maintained wild area than a park,but he said they will look into this suggestion. Fox said as far as benches, more can be installed. Stoelting asked Fox to address the issue of notification. Fox stated 390 notifications were sent out and they went well out of the normal area of notification. Koenig asked if it would be cheaper for natural plantings. Fox said initially it is more expensive for the first 5-6 years,but after that it is cheaper. Jeff Strate said the area around this park is natural looking and he feels the plantings would fit into the area. Kirk stated he agrees with the concept of naturalized planting in the area. Kirk also asked what the plan is going to be for the tree loss and would anticipate a better compromise. Fox stated they can certainly talk more with the neighbors, but also said what needs to be kept in mind is the fact that the trees have to be placed where they can grow in reference to sunlight, and because of this it could interfere with some of the projects. Koenig asked if Fox could again meet with the neighbors and come back to the Commission. Kirk said he does not believe Fox should come back formally, but just update the Commission on the project. Ms. Hetherington stated she is still concerned with the tree loss. She does not understand why the ash trees on the west side of this project have to be taken down. Pitzrick asked if this is under Construction Management Agreement. Fox said it was not. Stoelting asked Fox to cover the variance. Fox stated there are two variances; one for the basketball court and one for the parking lot. Planning Commission Minutes January, 8, 2007 Page 9 MOTION by Powell, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to recommend approval of the Site Plan Review on 9 acres; Approve Variance to permit a 27.3' front yard setback for a parking lot and Variance to permit a 41.46' front yard setback for a basketball court based on plans stamped dated December 22, 2006, and the staff reported dated January 5, 2007. Motion carried 6-0. Koenig amended the motion by adding the following to the end of the original motion; "contingent upon further discussion regarding tree loss with neighbors and City Staff and also to have natural plantings in this park." MOTION by Powell, seconded by Kirk, to accept the amended motion. Motion carried 6-0. E. FOREST HILLS PARK by City of Eden Prairie Request for: Site Plan Review on 57 acres. Stu Fox, Park and Natural Resources Manager for the City of Eden Prairie, presented the proposal. He stated when they were looking at redesigning this park, they also included the Eden Prairie School District in the decisions that were to be made. He said the majority of property is City owned,but they did have meetings with Forest Hills School and the neighbors in discussing the changes to the park. He stated one of the changes would be to eliminate the back side road to public access. The other changes would be to add a large soccer field, a softball field, move the warming house down to the lighted area, and they would also like to establish a sliding hill so the kids are not sliding into the hockey boards. Fox pointed out the neighbors had concerns about access into the park on the north side. He said the City is purposing on putting a sidewalk into this area and they will also be putting up an access gate across the bike trail. He said would eliminate cut-thru vehicle traffic. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. Jan Anderson, of 6591 Manchester Lane, said she thinks this plan is a very good plan and the City is very good at listening to the neighbors' concerns. Powell stated he has some concerns for this project. He said in regards to the 2 layer playground, it appears the top layer would be turned into a parking lot, and there would be a loss of playground. Fox pointed out there would not be a loss of playground because there is an additional play area on this project and the City is also supplying more equipment for this area. Powell stated his daughter, Janna, signed a petition, along with 30 friends, that they do not want the upper level slides taken out. Fox stated the school considers the slides a liability issue and Planning Commission Minutes January, 8, 2007 Page 10 wants them taken down. Fox stated Powell's daughter should bring her concerns to the principal of Forest Hills School. Powell stated he does not support the parking lot. He also said in regards to the prairie grass, the whole sliding hill is made of this. Fox stated this will remain the same and the only difference would be they would be doing grading for the sliding area. Kirk commented Mr. Fox has done a very nice job with this project. MOTION by Koenig, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Kirk, to recommend approval of the Site Plan Review on 57 acres based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 5-1. F. PRAIRIE VIEW PARK by City of Eden Prairie. Request for: Site Plan Review on 8.6 acres; Variance to permit a 20' side yard setback for a new park building; City code requires a minimum 50' side yard setback in the Rural Zoning District. Stu Fox, Park and Natural Resources Manager for the City of Eden Prairie, presented the proposal. He gave some history on this project and said there was a temporary warming house on this site that was destroyed 15 years ago. A trailer was brought in as replacement of the warming house but it was also destroyed last spring. The City would like to propose a new warming house building on this site. Fox pointed out the parking lot on the north side of the school is the one that is used by the public. He said rather than have the building put on the south end of the lot; it would be more advantageous to put it up closer to the parking lot. Fox stated if they did not have the variance, the warming house would get pushed out, which would mean the people would have to walk farther to the building. Stoelting asked Herron to review the staff report. Herron stated the Staff recommends approval of this project. Stoelting opened the meeting up for public input. There was no input. Powell stated this would be the first park building after the others were destroyed due to arson. He asked if the City was concerned about another fire. Fox stated this would be a rock based building. MOTION by Kirk, seconded by Koenig to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Koenig, to recommend approval of the Site Plan Review on 8.6 acres; Approve Variance to permit a 20' side yard setback for a Planning Commission Minutes January, 8, 2007 Page 11 new park building based on plans stamped dated December 22, 2006, and the staff report dated January 5, 2007. Motion carried 6-0. G. VARIANCE#2007-01 at 8201 Flying Cloud Drive. Request: To permit three wall signs for JC Penney, each containing 346.8 sq. ft.; City Code maximum for each sign is 300 sq. ft. Bernie Badker, representative of JC Penney, presented the proposal. He was also accompanied by Jeff Wyberg, of SDDI Sign Systems. Mr. Badker stated the architect on this project forgot about the dangling "y" in the sign, and that would be their hardship. He pointed out there is 4 sq. ft. of the dangling "y". Stoelting asked Franzen to review the staff report. Franzen explained the 4 alternative actions are included in the staff report. Stoelting opened the meeting up for public input. There was no input. Powell stated he is for the variance request. Kirk also agreed with Powell. Seymour asked if there are any free standing signs for the store at Eden Prairie Center. Franzen stated there are not. MOTION by Pitzrick, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Pitzrick, seconded by Kirk, to recommend approval of the variance based on plans stamped dated November 27, 2006, and the staff report dated January 5, 2007. Motion carried 6-0. Koenig commented to the project proponent this was a nice sign. VII. PLANNERS' REPORT Due to the lateness of the meeting, Franzen postponed the Rain Water Presentation until the February 12, 2007, Planning Commission Meeting. Council Interaction with Boards and Commissions Franzen stated the Mayor wants ideas and thoughts about interaction between Council and the City Boards and Commissions. Koenig stated in regards to issues that have a lot of discussion, they could meet in a workshop format and then address the City Council with an outcome. Pitzrick said he would like the idea of having workshops every 3 months or so, and also once a year with the City Council. Kirk also agrees with Pitzrick. He stated he likes the informal interaction of meeting with the other Commission Members. Koenig suggested if there Planning Commission Minutes January, 8, 2007 Page 12 are specific issues to the Council, something could be written up and included in the packet. Franzen stated the January 22, 2007 meeting with have three items on the agenda. The first one will be a continued meeting on the Bluff Country Village. The second item will be a variance in an industrial district and the third item will be a guide plan discussion. VIII. MEMBERS' REPORT Koenig stated her sister has written a book on Greenways, and she would like to share it at the next meeting. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Koenig, seconded by Seymour, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting adjourned at 11:02 p.m.