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Planning Commission - 05/12/2008 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 12, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Alan Gray, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Seymour and Rocheford. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Schultz, to approve the agenda. Motion carried 7-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON APRIL 14, 2008 Cadman had a change on page 4, paragraph 4, sentence 4; it should read, "Mr. Schneider stated he was unsure if it was unique to the property and stated they are only trying to protect their property". Stoelting had a change of page 5,paragraph 8. He would like it to read, "Stoelting asked Commission Members if they would be in favor of a compromised fence height between 6 feet to 12 feet. MOTION by Schultz, seconded by Stoelting, to approve the minutes. Motion carried 6-0. Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 2 VI. PUBLIC HEARINGS A. VARIANCE#2008-04 Request for: Side yard setback variance from 15 feet to 6 feet and combined side yard setback variance from 25 feet to 16 feet to permit a room addition above an existing garage. Dmitry Hindanov presented the proposal. Mr. Hindanov stated they are asking for the variance request because they would like to build a bonus room on top of the existing garage. Stoltz asked Franzen to review the staff report. Franzen pointed out the home was built in 1979. At that time, the City approved the setback waivers associated with the property. With the addition above the garage, the house would not conform to the setback waivers of the underlying R1-13.5 zoning district requirements for setbacks. On page 2 of the staff report are two alternatives the project proponent could take. There are four actions the Commission Members should consider for this project. Stoltz opened the meeting up for public input. There was no public input. Stoltz asked Mr. Hindanov what his hardship would be. Mr. Hindanov said the lot is a lot narrower than existing lots in the neighborhood and that is why they would like to build the room on top of the garage. Pitzrick asked if Mr. Hindanov talked with his neighbors to the north in regards to this project. Mr. Hindanov said he had talked with the neighbors to both the south and the north and neither of them minded the project. Stoelting asked Franzen if the project proponent already has a variance request to build on top of the garage. Franzen said he would need to get a variance request to comply with the setback variance requirements. MOTION by Kirk, seconded by Pitzrick, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Schultz, to recommend approval of a side yard setback variance from 15 feet to 6 feet and combined side yard setback variance from 25 feet to 16 feet to permit a room addition above an existing garage based on plans stamped dated April 27, 2008, with the following findings: The house is not closer to the lot line than it exits today; the existing neighboring house to the north is approximately 40 plus feet away; the size of the home is consistent with homes in the area; the home setbacks are not inconsistent with the R1-9.5 Zoning District. Motion carried 7-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 3 B. THE ENCLAVE AT OLD SHADY OAK Request for: Planned Unit Development Concept Review on 28.6 acres; Planned Unit Development District Review on 28.6 acres; Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres; Preliminary Plat into 44 lots, 5 outlots and road right-of-way on 28.6 acres. Terry Pernsteiner introduced Mark Englund, who introduced the project. He said the units they would like to construct would be luxury empty-nester residential units. Mr. Englund stated this product type would blend in with the neighborhood. He also pointed out there would only be 16% tree loss in the area. He said they have built these types of homes in North Oaks and they have been very successful. Stoltz asked Franzen to review the staff report. Franzen said the guide plan would allow up to 71 units. However from a practical matter to save the trees and preserve the wetland and develop plan consistent with the low density in the surrounding area, a cluster approach with small lots, is the preferred plan. He added that the commission must determine if the granting of the waivers with a clustered housing plan is better than if the site was developed in a conforming manner. Franzen stated the staff recommends approval due to the minimal impact on trees and wetlands. Stoltz opened the meeting up for public input. Paul Cameron, a neighbor of the property, said he does support the project,but had some concerns over the wetland area. He utilized the overhead projector to show the wetland area. He stated in looking at the sanitation line in the wetland area, the trees in the area would be removed. He would like to see the trees remain the area. He said the trees are only to be removed to add contouring to the area, and does not feel this is a justifiable reason. Mr. Cameron said the trees to be removed are not even on the survey. Stoltz asked Mr. Englund to address this issue. Mr. Englund stated he has talked to Mr. Cameron and in regards to saving these trees, they would have some obstacles,but they will try to save as many as they can. The arborist on the project did not put these trees on the survey because they were not significant trees; they included such trees as box elder, willows and cotton woods. Bob Molsted, associate with the project, stated he believes they can make adjustments to the grading plan. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 4 Lechelt asked if the project proponent looked at shrubbery in the area and if a lot of it would be taken away. Mr. Englund said he was not sure what would be taken away and it would be left up to the arborist to decide. Stoelting asked Fox about the trees in the area Mr. Cameron was referring to. Fox said only the significant trees will show up on the inventory. He stated storm water run-off has to be protected in the area and pointed out there a lot of insignificant trees in the area that will have to come out. Lechelt asked the project proponent if they calculated new water run-off in the area. Mr. Molste said they have made plans for this. Stoltz asked Fox if the trees could remain in the area. Fox said they are adding fill for the storm water pond, which needs to be built up, therefore, it would be difficult to keep the trees in the immediate area and still create a basin. Mr. Molsted said they might be able to come up with different options,but initially they took out the trees because they were insignificant. Dave Duhaime, 11534 Chamberland Court, stated there are a number of trees that are considered insignificant that really should be considered significant when there are numerous ones bunched together. He would hate to see them eliminated. He also had a question about zoning and a concern for lot sizes and asked if the financial model supported the project. Stoltz asked Franzen to address this. Franzen stated the development of the City is based on a Comprehensive Plan and zoning and subdivision regulations. The market will end up determining the value. Kirk asked Franzen if this was project is consistent with the guide plan. Franzen said it was consistent with the guide plan. Stoelting asked the project proponent to address what a million dollar house would look like on a small lot. Mr. Englund stated the North Oaks project consisted of two million dollar properties. He pointed out they take house and lot size into consideration when making these homes. Mr. Pernsteiner stated a significant builder, Roy Lacy, said most empty nesters are coming out of large homes right now and looking for something like this project. This builder is also very interested in this project. Mr. Cameron said he is concerned about the housing market and feels these homes would not sell out for years. Pitzrick stated he is concerned some of the houses are very close together and asked what would happen in the future if someone would want to add on to the existing decks and also asked how big the decks going to be on these homes. Mr. Englund said the decks will be approximately 16 sq. ft. He also pointed out that a EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 5 lot of people want a grill deck next to the kitchen and then a view deck below; so adding onto the existing deck should not be an issue. Lechelt asked the project proponent if they considered making the swale by pond 2 if they considered making it a vegetative infiltration pond. Mr. Molsted said they have a permanent storm sewer running through that area. Stoltz asked Commission Members if they had any concerns with the waivers on page 2 of the staff report. Stoelting asked Franzen, in regards to the waivers on this project,if they were reasonable. Franzen said the average tree loss on residential projects is 35%; wetland impact is 10%. This project is 16% tree loss and less than 1% wetland impact. Lechelt asked how additional traffic would be handled in this area. Gray stated the City always knew this project would be developed into a low density area and this area would be able to handle the additional traffic flow. Maureen Henderson, speaking for the neighbors in the area, said they are concerned about significant trees on this property and they want to make sure they are accounted for and replacement procedures are followed. Mr. Pernsteiner said the arborist will walk around the area and any interested parties may join in. Ole Hag, resident living on Thornhill Road, said he has concerns about someone paying a million dollars for a home backed up on the Crosstown. He wonders if it is a good idea to have houses that close to the highway and pointed out there will be high concentrations of salt spray when it is raining. Lechelt asked how high the retaining wall would be. Mr. Molste said the retaining wall would start at 4 feet and could go all the way up to 20 feet. Lechelt asked if a noise analysis was done for this area. Mr. Molste said there has not been a noise analysis completed on this area. Mr. Pernsteiner said the noise in the area would be low. Mr. Englund said the rears of the homes are facing away from the Crosstown. Mr. Duhaime said he has a concern for density in the area and asked if it was calculated on total land or buildable area of land. Franzen said it was calculated on total land. Mr. Duhaime asked if current properties are going to be devalued because of these units in the area. Mr. Englund said they have added variety to the neighborhood. He pointed out the lots are configured differently and that is why they do not have all of the garage doors facing the same area. He stated they have a great team working on this project and are confident in this area; otherwise they would not be investing in this project. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 6 Schultz said the project proponent has done a good job on this project but asked how it relates to the surrounding developments. Franzen stated that the City encourages variety of housing and does not try to make neighborhoods look a like. This project this low density single family and consistent with the area. The City's goal is for project to conform to standards and the market will end up determining product type and value. Kirk said he supports Staff conclusions on this project and stated 16% tree loss is excellent. He stated this will be a new product for Eden Prairie. MOTION by Schultz, seconded by Kirk, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Stoelting, to recommend approval of the Planned Unit Development Concept Review on 28.6 acres, Planned Unit Development District Review on 28.6 acres, Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres, and Preliminary Plat into 44 lots, 5 outlots and road right-of-way on 28.6 acres based on plans stamped dated May 9, 2008 and the staff report dated May 9, 2008. Lechelt said she would like to see a continuance on this project before the plan is approved so the neighbors could walk around with the arborist and talk further about the wetland buffer area. Kirk said that should be put in the motion. Schultz modified the motion by adding to the original motion the following, "With the modification that the proponent discuss and have communication with those concerned about tree loss and the wetland buffer. Motion carried 6-1. C. WALGREENS Request for: Planned Unit Development Concept Amendment on 2.42 acres; Planned Unit Development District Review with waivers on 1.21 acres; Zoning District Amendment within the Commercial Regional Service District on 1.21 acres; Site Plan Review on 1.21 acres; Preliminary Plat into one lot and road right-of-way on 1.21 acres. Duncan Swenson, engineer on the project,presented the proposal. He stated the current site is vacant. It was previously a gas station. What they would like to do is to place a 14,580 square foot Walgreens in this area. The main floor would consist of retail space with a pharmacy. They are going to replat the area and will have 15 feet of additional right of way on the north side of the property. There will be grading done on the south side of the property. There will be a drive-thru on the south side of the building to accommodate the pharmacy. Stoltz asked Franzen to review the staff report. Franzen stated the staff recommends approval based on page 4 of the staff report. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 7 Stoltz opened the meeting up for public input. Steve Hendrickson, owner of the Midas shop on the south side of the project, stated he feels the project should go forward and said Staff and the architects on the project should be commended for the work they have done on this. Lechelt asked Franzen if there were any shared parking guidelines with the adjoining businesses. Franzen stated there is shared parking will for all business as long as they are auto related. Stoelting asked the project proponent if he could review the drive-thru utilizing the overhead project. The project proponent illustrated the location of the drive- thru, utilizing the overhead projector. He pointed out stacking will be on the west side of the building and the pick-up window for the pharmacy will be on the south side of the building. Lechelt asked Mr. Swenson if the parking in the area would be 64 feet. Mr. Swenson said it would be 63 feet. Lechelt asked if the two storm water chambers are infiltration basins or will just be reducing peak flow. Mr. Swenson said they will be open at the bottoms allowing water to flow, and if they can put infiltration on them they will. Pitzrick asked Gray if there were any concerns about the site line in regards to the signage on Flying Cloud Drive and Regional Center Drive. Gray said there is a signalized intersection at this location, so signage would not be an issue. MOTION by Cadman, seconded by Stoelting, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Schultz, to recommend approval of the Planned Unit Development Concept Amendment on 2.42 acres, Planned Unit Development District Review with waivers on 1.21 acres, Zoning District Amendment within the Commercial Regional Service District on 1.21 acres, Site Plan Review on 1.21 acres, and Preliminary Plat into one lot and road right-of- way on 1.21 acres based on plans stamped dated May 6, 2008, and the staff report dated May 9, 2008. Motion carried 7-0. VIII. PLANNERS' REPORT A. Eden Prairie MCA Streetscape Master Plan DRAFT Franzen presented the draft plan asking the Commission to give approval to so it could then be passed on to the City Council. He stated there are two new items in the draft, and those would be related to fencing, and the timing of when this project would start, which would be 2012. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 8 Lechelt asked about Singletree Lane and stated on page 36 it states it is already overbuilt. Gray asked her to clarify her question. Lechelt stated it shows the lanes increased to 12 feet 6 inches from 11 feet. Gray said this was already in place and cannot be removed. Lechelt questioned Franzen about the lighting and said she was concerned the fixtures were open and light would be reflecting upwards. Franzen said the pedestrian lights were design and placed at a spacing to reduce the bright and dark areas for safety reasons. Lechelt commented there are amur maple trees in the area and because it is an invasive species, she would like to see other trees in the area, such as crab apples. Fox said in regards to crab apple trees, you would not want them in the area because you do not want fruit falling off the tree. The amur maple is a very hardy tree and that is why it was picked. They can look at other alternatives. Pitzrick questioned the power lines and said the drawings on page 32-36 are very misleading. He asked if the drawing could be changed to show the 160 foot easement. Franzen said he could not answer that question at this time. Stoltz asked if there were any Commission Members who like the lattice style power lines. Stoelting stated on page 2 of the staff report is does reference the issue of power lines. Stoelting asked Pitzrick what he would like to see happen in regards to power lines. Pitzrick said on the diagrams, they are not meeting easement requirements and would like to see modifications made before this is approved. Kirk said he concurs with Pitzrick that the issue of power lines should be addressed before the draft can be approved. Franzen said they will revise the draft and bring it back at the June 9"'meeting. Pitzrick said he also would like feedback from the comments made by major property owners in the area and how we responded to those comments. Stoltz asked why there were two options on the poles since the Commission does not like the lattice pole. Franzen said it was just to give the Council two options, but the Commission has the option to recommend one or the other. IX. MEMBERS' REPORT X. CONTINUING BUSINESS EDEN PRAIRIE PLANNING COMMISSION MINUTES May 12, 2008 Page 9 XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Kirk, seconded by Stoelting, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting adjourned at 9:12 p.m.