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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.