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
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May 12, 2008
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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.
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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.
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May 12, 2008
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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
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May 12, 2008
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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.
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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.
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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
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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
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May 12, 2008
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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.