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Planning Commission - 08/13/2007 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 13, 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, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael 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: Rocheford, Seymour, and Schultz. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Stoltz, to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JULY 23, 2007 Pitzrick had a correction on page 9, under Continuing Business. The figures, 1.15 KV and 3.45 KV, should be 115 KV and 345 KV. Stoelting had a correction on page 5, second paragraph, first sentence. The sentence should read, "Stoelting asked the Commission if they were comfortable moving on with this request or if they prefer a continuance. MOTION by Koenig, seconded by Stoltz, to approve the minutes as amended. Motion carried 5-0. Kirk abstained. IV. PUBLIC MEETINGS V. INFORMATIONAL MEETINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 2 VI. PUBLIC HEARINGS A. VARIANCE#2007-18 Request to: Permit the reconstruction of a new deck at a setback of five feet from the lot line. City code requires 10 feet. Location: 7340 Butterscotch Road. Greg Vogel, property owner, presented the proposal. He said they would like to replace the prior existing deck. The previous owners did not have a permit for the deck. He showed a plan for the deck. He also showed the neighbors house to the north, which would have no windows looking out onto the deck. He also stated the neighbors to the north have no problems with this variance request. Stoelting asked Mr. Vogel what his undue hardship would be. Mr. Vogel pointed out the sliding glass door without the deck is a safety hazard. Stoelting asked Franzen to review the staff report. Franzen said there are three options on page 2 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Powell, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to move to recommend approval of the Variance to permit the reconstruction of a new deck at a setback of 5 feet from the lot line based on plans stamped dated July 5, 2007, and the following findings: the Variance will not significantly alter the character of the neighborhood; without access, the sliding glass door is a safety hazard; the proposed deck is 1.5 feet farther away from the property line than the original deck; there are no windows on the house on the adjoining property facing the deck. Motion carried 6-0. B. OAK CREEK AT HENNEPIN VILLAGE Request for: Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.3 acres and from Medium Density Residential to Public Open Space on 1.6 acres; Planned Unit Development Concept Review on 73.8 acres; Planned Unit Development District Review on 73.8 acres; Zoning District Change from Rural and R1-9.5 on 21.54 acres; Zoning District Change from Rural to R1- 13.5 on 1.8 acres; Preliminary Plat of 73.8 acres into 105 lots and 6 outlots. Dan Herbst, of Pemtom Land Company, presented the proposal. He gave a brief history of the project. He stated in 2001, the original Hennepin Village Land Use Plan had 75 acres guided for office; the remaining land was guided for different EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 3 types of housing. There were parcels of land not included in this plan. These owners asked to be included in this land use plan. There was also an amendment from the Airport Commission to eliminate four buildings on this project; which would bring the number of homes down from 184 to 167. Tonight nothing has changed except for parcel B, which would be downsized from 167 units to 105 units. Mr. Herbst stated Ryland Homes would be building the homes on the site. He also pointed out there would be many amenities on the property;pool complex, trail system, and overlook shelters are some of the examples. He stated there would be 50 acres of office component, which could have a value of 50 million dollars worth of commercial real estate. Mr. Herbst projected when the project is complete, they will have given the City dedicated land in the amount of $7,100,000. Brian Sullivan, of Ryland Homes, discussed the types of homes that would be built on the site. He pointed out the trend now is towards homeowners having their own lots, so they are proposing more single family homes. They will be smaller single family homes because it is found people do not want huge lots. He pointed out they have looked at the market for architectural aspects of homes and are working on streetscape. Garages will be pushed back and front porches added to the homes. There will be different styles of homes to pick from; they will be 3- 4 bedroom homes. Stoelting asked the price range of these homes. Mr. Sullivan said the price range would be from the low $400,000's to around $600,000. Stoelting asked Franzen to review the staff report. Franzen stated staff recommends approval according to the recommendations listed on page 6 and 7 of the staff report, and pointed out the conditions of approval should include 5, 6. and 7. Stoelting opened the meeting up for public input. Dean Edstrom, of 10133 Eden Prairie Road, asked Mr. Gray if the City had a grading plan in effect for this project. He stated the grading of the land would have an environmental impact on the south slope of the property. He pointed out if there is water run-off it would negatively impact the land. Mr. Edstrom stated he is also concerned with the significant tree loss in this area. Doug Ispell, of 9767 Sky Lane, pointed out his home overlooks the area and he is concerned with screening in the area. He also questioned the three access points onto Eden Prairie Road, and feels this could create traffic problems. K.W. O'Brien, or 17135 Beverly Drive, stated it appears Eden Prairie Road ends at the south end of the development and asked if that was correct. He also asked what the plan for Beverly Drive would be and what the main access and egress to this property would be. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 4 Chris Bunn, of 9850 Eden Prairie Road, pointed out his home is at the corner of Eden Prairie Road and Beverly Drive. He stated he is concerned about the appearance of Eden Prairie Road and would like to know how close the houses would sit to Eden Prairie Road. He pointed out currently the land is lower than Eden Prairie Road and asked if there would be a plan to elevate this part of the land. Jeff Strait, of 15021 Summerhill Drive, said Hennepin Village has a lot of great things to it,but he has some questions and concerns. He stated he is concerned over the tree loss to the area. He asked why there is a culvert over Riley Creek versus a bridge. He would also like to know more about infiltration and rain water gardens associated with this project. He would also like someone to address the issue of grading on the new Prospect Road, making sure the crossing is safe. Sue Johnson, of 10065 Eden Prairie Road, asked what the coloring of the setback area on the south and east side means. Stoelting summarized the concerns and questions as follows: 1. Tree loss 2. Drop-off of homes overlooking the creek and the concern over storm water run-off. 3. Benefits of setbacks. 4. Screening of Eden Prairie Road. 5. The three access points onto Eden Prairie Road. 6. The future of Eden Prairie Road as it moves down to Hwy 212. 7. Access and egress to this property. 8. Appearance of Eden Prairie Road. 9. Bridge versus culvert. 10. Infiltration ponds. 11. Grading on Prospect Road. 12. Setbacks of houses on the south and east side. 13. Elevation of site on the east side of Eden Prairie Road versus the west side. Cory Meyer, landscape architect for Westwood Professional Service, addressed the landscaping and setback issues. He utilized the overhead projector to show the footprint of the project. He pointed out the proposed land use plan does show limits of the overall footprint. He stated the grading plan does not take into account the original development area. In addressing the issue of the trees,he pointed out there was a combination of different trees surveyed. He pointed out that out of 15,000 inches of trees on the site, 5,200 inches are being removed. Koenig asked Mr. Meyer to explain exactly where the trees were going to be taken out. Mr. Meyer utilized the overhead projector to show where the trees would be removed. Koenig asked if the removal would take place along the ridge. Mr. Meyer concurred it would. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 5 Mr. Meyer pointed out in regards to screening and landscaping, he said the amount on this site would be extensive. He stated they would also be planting additional trees for screening along Eden Prairie Road. Stoelting asked what size the replacement trees would be. Mr. Meyer said they would be between 3-5 inches; similar to the size of trees in Hennepin Village. Mr. Meyer stated their intention is to work with City Staff for construction of the rain gardens. Stoelting asked if there was a berm or elevation difference to Eden Prairie Road. Mr. Meyer said Eden Prairie Road is higher than the homes so berming would be impossible to do. He pointed out with regards to setbacks, the homes which back up to Ms. Johnson's property would include an additional 15 foot setback. Stoltz asked how many trees would be taken out on the developable part of the property. Mr. Meyer said the total would be 4,200 inches and on the slope side it would be 750 inches. Dwight Jelle, of Westwood Professional Services, said in regards to grading as it relates to infiltration, they do plan for emergency overflows along the bluff lines. He pointed out some of the rain water gardens would be on home properties, some by streets, and a big one by the pond. Mr. Jelle said the City will be responsible for designing Eden Prairie Road and pointed out there should be no significant grade change and it should widen from 24 feet to 32 feet. Franzen stated some reasons why the City should grant these waivers. He said the City will get 50 acres of dedicated land, cash park fees,protection on Riley Creek Valley, protection of the river bluff, an extensive public trail system, and an infiltration system. Franzen pointed out by granting the waivers, the City is getting fair trade. Franzen added if the project was only covering the net 20 acres with 100% tree loss, staff would not recommend approval of the project,but in this case the big picture of the project benefits outweigh the net tree impacts. Gray pointed out there are three access points to Eden Prairie Road; two private roads and Prospect Road. He said south of Beverly Road the traffic would be decreasing and roadways would be 32 feet wide. In regards to a bridge versus a culvert, Gray said this issue is partially economics and also the function of how utilities work in the area. The major ponding for this site is on the other side the property; which gives the City the opportunity to utilize the area on the east side of the creek. There is a 12 inch water main coming from Spring Road. The culvert would hold up longer than the bridge. There are also potentially freezing temperatures which could create slipping on the bridge deck. Stoelting asked what the status was on the club house which is located on the property site. Franzen said in regards to the open space plan, they asked the developer to take out the building. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 6 Jeff Strait asked about the trail along the creek. Gray said the trail crossing would be protected along the corridor. Fox said the trail crossing would be a nature trail and not a paved trail; hence it would not have a lot of traffic on it. Dean Edstrom made the comment the Commission should observe where the grading will take place on this property. Chris Kline, of 9700 Eden Prairie Road, said he has a hardship with the widening of Eden Prairie Road. His concern is it will impact his driveway. Gray said in regards to grading, there will be a couple of properties which will present a concern and the City will be addressing those. Powell said it appears there will be 22-24 acres of housing development and asked what percentage of significant trees would be taken out of the specific area. Mr. Jelle clarified it would be on 22 acres and 100 percent of the trees would be taken down. Powell said development should work around the trees. Dan Herbst pointed out a swimming pool and tot lot would be developed on the property, and would also include an overlook. Fox said in looking at the significant trees on the site, the total inches being taken down are only 30 percent tree loss for the total site. In looking at those figures, the developers are consistent with other residential projects. Pitzrick said he appreciated Powell's comment and would also like some trees saved on the property; even if on just one lot. Pitzrick had some concerns over the issue of bridge versus culvert and asked why there was not a report on this. Pitzrick said he would like to have a thorough study done of bridges versus culverts. Pitzrick also said the issue of Prospect Road should be brought back to the Commission and there is a lot more that needs to be done with Eden Prairie Road. Kirk said he would like to see the Prospect Road discussion minimized because it has already been addressed and approved by the Commission and Council. He said the owners of property have rights and need to come up with a compromise. Kirk said what is on the table tonight is a reasonable compromise in light of previous approvals and compromises. Koenig said she agrees with Pitzrick. There are a lot of questions which need to be addressed and she would like to see this continued. Powell commented the Commission did not come to a resolution of a bridge or culvert. He said he is struggling with clear cutting and cannot support this now. He said he would like to keep the bigger trees in the area. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 7 Stoltz said it is a tough situation and in looking at development he is not comfortable with the tree loss on the project. Stoelting asked Franzen about the long history of this project in the fact we wanted mixed-use on the property and also wanted to preserve the natural resources in the area, and wanted him to talk about the density transfer concept. Franzen said as part of the 2001 master plan the City agreed to grant waivers and transfer density in order to preserve natural resources. The plan showed areas for preservation and areas to be developed. The last phase of the 250 acre plan is consistent with the approved plan for areas to be preserved and developed. He added that typical park dedication is 25 acres or cash park fees. In this situation the City gets 50 acres dedicated cash park fees and trails. Stoltz commented he would like to see this project fine-tuned a bit. Pitzrick said he would like to see this project continued. Stoelting advised the Commission Members if they are seeking a continuance, there should be very specific instructions given to the project proponent in regards to this. Koenig said she would like Staff to look at or agree the proponent should satisfy the first staff recommendation listed on page 6 of the staff report, and to include all parts on 1; which would be parts A, B, and C. She also asked who would be maintaining the rain gardens and the upkeep to the paths. Stoelting asked Mr. Herbst if he had a problem with the tree replacement plan. Mr. Herbst said they would be sticking to their original plan because there is physically no other place to put trees along the road. Stoelting asked the project proponent about a wetland mitigation plan. Mr. Herbst said they are not going to spend all that money to put into wetland mitigation. He stated they are doing all they can to preserve the trees in the area,but some would just have to go. He reiterated the City is getting approximately 7 million dollars in land. He would like the Commission to act on this tonight and said the Commission has been very tough on them since initially coming to them in 2001. Pitrick asked about the bridge issue. Gray said he will never recommend a bridge in this location because he sees no advantage to it. Stoelting said he would like the Commission Member to make a decision. Kirk said it was unreasonable to hold this project proponent to a higher standard than other areas in Eden Prairie. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 8 Stoelting asked Mr. Herbst if he would be willing to adjust his plans and reduce tree loss. Mr. Herbst said he would not be willing to adjust his plans. Pitzrick asked if there was a final financial obligation with the City and project proponent. Gray said the development agreement would include this information. MOTION by Kirk, seconded by Pitzrick to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Pitzrick, to move to recommend approval of the Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.3 acres and from Medium Density Residential to Public Open Space on 1.6 acres; Planned Unit Development concept review on 73.9 acres; Planned Unit Development District Review on 73.8 acres; Zoning District Change from Rural to R1-9.5 on 21.54 acres, Zoning District Change from Rural to R1- 13.5 on 1.8 acres, and Preliminary Plat of 73.8 acres into 105 lots and 6 outlots based on plans stamped dated August 10, 2007, and the staff report dated August 10, 2007. Powell suggested adding a friendly amendment asking the project proponent to add more open space to this project. MOTION by Kirk, seconded by Pitzrick, to amend the motion to have the project proponent provide more open space to the interior of the project and decrease tree loss. Motion carried 4-1, with one abstention. C. WILLIAM SMALL PROPERTY Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres; Preliminary Plat of 5.01 acres into nine lots and road right-of-way. Dan Herbst, of Pemtom Land Company,presented the proposal. He said the property is over Beverly Drive and they would like to develop this into 9 lots. They are proposing 9 single family lots on this area. Stoelting asked Franzen to review the staff report. Franzen said the project conforms to the zoning requirements and Staff recommends approval. Stoelting opened the meeting up for public input. Chris Kline, of 9700 Eden Prairie Road, asked why they are requesting road right- of-way. Gray said he does not completely understand the question,but said they are not giving them more right-of-way to Eden Prairie Road or Beverly Drive. K.D. O'Brien, of 17135 Beverly Drive, asked if any consideration was given to property owners on other lots. Gray said when the Beverly Drive neighborhood was created, some ghost plans were created. What you are seeing today is not a EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 9 ghost plan but a different plan. It will extend water mains and sewers west of the Beverly Drive corridor. There will be no economic impact to the City or residents in the area for this. Kirk commented in looking at the guide plan, it is guided low density residential. Gray said if the neighbors petitioned this and neighbors wanted sewer and water in the area, the expense would be shared amongst the homeowners and would be very expensive. MOTION by Stoltz, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk, move to recommend approval of the Zoning District Change from Rural to R1-13.5 on 5.01 acres and Preliminary Plat of 5.01 acres into nine lots and road right-of-way based on plans stamped dated August 10, 2007, and the staff report dated August 10, 2007. Motion carried 6- 0. D. LIBERTY PLAZA Request for: Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres; Planned Unit Development concept Review on 47.65 acres; Planned Unit Development District Review with waivers on 47.65 acres; Zoning District Amendment within the I-2 District on 30.34 acres; Zoning District Change from Rural and I-2 to Office on 17.31 acres; Site Plan Review on 17.31 acres; Preliminary Plat of 47.65 acres into two lots and road right-of-way. Rick Weiblein of Liberty Property Trust, presented the proposal. The proponent pointed out they will be creating the most efficient office space for employees and tenants. Mr. Weiblein introduced Ed Farr, architect for the project. Mr. Farr showed the site plan. He stated in talking about phase one of the project, they are very excited about it. He said there will be a lot of woodlands in the area, including a board walk. The office building will be clean and contemporary. It will have a crown type roof. There will also be a link between the parking deck and the building. On site, they will be encouraging preferred sites for hybrid vehicles and bike racks that will be located close to the building. Miles Lindberg, of Westwood Professional Services, gave some background information on the project. He said in regards to wetland areas, they would be dedicated as outlot areas. He stated Staff requested they incorporate infiltration into the project. The permeability of the soil is low and amount of area is limited due to wetland areas. They will resolve the issues with tributaries into the wetland area. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 10 David Jellison, of Liberty Property Trust, gave a brief overview of the site. He also pointed out he is working with Staff to develop a master plan and they are coming before the Commission today so they can be able to start work on the northerly section of the building. Dave Sellergren, Land Use attorney, explained why some of the conditions in the staff report are problematic. The conditions they do not completely agree on are on pages 5 6, 7, 8 and 9. He said they would like the Commission to approve Option 1 under Staff Recommendation on page 5 of the Staff report. Stoelting asked Franzen to review the Staff report. Franzen reviewed the summary section on page 5 of the Staff report. Gray stated there are conflicts with the number of access locations proposed. He pointed out the top priority is W. 701h Street, and the developer has not committed to constructing this street by a certain future date, October 1, 2013. The project proponent needs to find solutions to the infiltration issue, and also to bring sites up to storm water standards. Stoelting asked if the improvements to Flying Cloud Drive were part of the plan. Gray reiterated it was part of the plan. Stoelting opened the meeting up for public input. There was no input. Mr. Weiblein said as far as W. 70h' Street, the project here today has a road which goes behind it. He also said they are committed to doing major improvements to Flying Cloud Drive. Kirk asked what show-stopper is between W. 701h Street and SuperValu. Mr. Weiblein said it would be the parking; the whole area of parking would be disrupted. Franzen said 450 parking spaces would be impacted , however, there is room on site to relocate them with the onset of the Light Rail System. He said another solution to this problem would be temporarily making a road connection through the site instead of building West 701h St now. Stoelting asked what the difference was between easements and outlots. Franzen said outlots are better for the City in terms of showing on a plat where the wetland and buffers are located and makes for a cleaner description of the property for tiling of restrictions. Mr. Weiblen said they have made outlots for a future LRT Station. He pointed out timing is an issue with SuperValu. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 13, 2007 Page 11 Mr. Sellergren asked the Commission Members if they were comfortable with the project. Kirk said he is looking for some type of compromise from the project proponent. Mr. Sellergren said they just want to build one building. Stoelting asked the Commission Members if they were comfortable moving forward with this project. The Commission Members said they were not comfortable moving forward with this project. MOTION by Stoltz, seconded by Koenig, to move to recommend a continuance to the August 27, 2007 meeting and to revise the development plans according to the staff report and other requirements as identified by the Commission and direct staff to publish this item for the September 4, 2007 City Council meeting. Motion carried 6-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Stoltz, seconded by Koenig to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting adjourned at 12:18 a.m.