Loading...
Planning Commission - 11/26/2012 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, NOVEMBER 26, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Regina Rojas, Planner II; Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Frank, Pitzrick, Schultz and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Wuttke, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 22, 2012 MOTION by Wuttke, seconded by Lechelt, to approve the minutes. Motion carried 3-0. Kirk and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. Variance#2012-05,by Dan & Kristie Marvin Location: 6921 Beach Road Request for: Permit a shoreland setback for an in-ground pool of 56'10" from the Ordinary High Water Level OHWL of Bryant Lake (DNR classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. Planning Commission Minutes November 26, 2012 Page 2 • Permit within the shoreland setback extension of an existing underground tunnel to connect to the existing boat hour 40'0" from the OHWL of Bryant Lake and within the Shore Impact Zone (DNR classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL and no building within a Shore Impact Zone. • Permit a shoreland setback for an Arbor 68'0" from the Ordinary High Water Level OHWL of Bryant Lake (DNR classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. • Permit a shoreland setback for an in-ground spa 89'6" from the Ordinary High Water Level OHWL of Bryant Lake (DNR classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. Peter Eskuche, architect for the project,presented the proposal. He stated they would like to build a new residence on the property, which is 100 percent conforming to the setback requirements. They would also like to build a swimming pool with a shoreland setback of 56 feet 10 inches; extend an existing underground tunnel to the existing boat house with a shoreland setback of 40 feet, and an arbor structure with a shoreland setback of 68 feet. Mr. Eskuche utilized the overhead projector to show where these structures would be located on the property. Vice Chair Fyten asked Rojas to review the staff report. Rojas stated this project meets the three part test for practical difficulty and staff recommends approval of the project. Lee asked if there would be any risks associated with the pool being so close to the water. Rojas said the pool needs to meet building code requirements. The contractor needs to provide information showing that the pool will not be affected by the water level. Wuttke asked,in regards to the tunnel,how high it is in regards to the water level. Mr. Eskuche stated the water level is 855.3 and it is not higher or lower than the boat house. They are not constructing a new tunnel but just extending it. Rue said there should be no issue with the existing structure. Rojas stated the DNR did receive a copy of the construction plans and did not provide comments. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Wuttke, seconded by Lechelt, to close the public hearing. Motion carried 5-0. MOTION by Wuttke, seconded by Lee, to recommend approval of the Final Order 2012.05. Motion carried 5-0. B. RILEY VIEWS by Hunter Emerson, LLC Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. Planning Commission Minutes November 26, 2012 Page 3 Request for: • Planned Unit Development Concept Review on 13.4 acres • Planned Unit Development District Review with waivers on 13.4 acres • Zoning District Change from Rural to R1-9.5 on 13.4 acres • Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way Scott Carlston, of Hunter Emerson,presented the proposal. He had a PowerPoint presentation that he was going to show but decided to just hand out the presentation to the Commission members. The packet contained such things as the housing types and a map. He stated this project is similar to the Stone Gate Development, which is across the street. The development will contain 28 lots. There is one main entrance in this development and they do not anticipate any traffic backup on Pioneer Trail. Vice Chair Fyten asked Rojas to review the staff report. Rojas stated staff recommendation is for approval based on pages 3 and 4 of the staff report. Vice Chair Fyten opened the meeting up for public input. Paul Shunacker, is here on behalf of his parents who live at 9450 Lakeland Terrace. He stated they have two lots. They are concerned about privacy along the LRT line. They are requesting the project proponent put up arbor along the LRT side. Mr. Shunacker said his parents would like to see spruce or pine along the lot lines. They would also like to see the creek protected. Mr. Carlston said he would be happy to do those things and would like to put 10 inch trees up if possible, versus 3 inch trees. Rojas said these items would be on the revised final plans prior to going to the City Council. She pointed out the creek is a dedicated outlot to the City. Mr. Carlston introduced Randy,his engineer on site. Mr. Carlston utilized the overhead projector to show where each of the waivers would be located. Randy said the lot depth is less than 150 feet from the road. In some areas, we do not even have that, and that is the reason for the setback. There is a corner lot that is less than 90 feet, and that is the result of the City requesting an extra right-a- way. The cul-de-sac length is due to the access road. Lee asked, in regards to the cul-de-sac, could we change this into a long horse shoe and come out unto Pioneer Trail and then we would not need a cul-de-sac. Rue said that due to the site lines and topography in the area, it would be too expensive to have another road and that is when we allowed them to have an extra-long cul-de-sac. We would like this connection constructed at a later date and those details are in the staff report. Lechelt asked Lee what he was concerned with in regards to the waivers. Lee said he has a concern with the third request, the 30 to 25 feet. Wuttke asked if Planning Commission Minutes November 26, 2012 Page 4 this would be an average for all of the lots. Mr. Carlston explained this property is a narrow piece of land and they thought the 25 feet should be consistent throughout the whole property. Wuttke asked what was staff s idea about using Abre Court for a western cut through for traffic, and would there be any concern with this. Rue said there is not a lot of concern with cut through traffic and pointed out they are providing emergency access through Crestview Terrace. Kirk pointed out by the time the Crestview cut through is done, Pioneer Trail will be re-developed and stated he believes emergency access is important. Vice Chair Fyten asked Kirk if he was comfortable with the 25 foot setback. Kirk said he was comfortable with this setback. Charlie Stone, 9430 Riley Lake Road, in the Stone Gate Development, asked the developer if this project was going to be done in one phase and if there will be a holding pond. And if there will be a holding pond will there be a fountain in the holding pond. He stated he is president of the Stone Gate Development Association and asked about a tenant who built a retaining wall inside an easement. They notified the City and the City did not do anything. If this would happen again, would the City do anything? Also, in regards to the traffic study,he stated they have a lot of traffic parking in the area around the 4th of July. Mr. Carlston addressed Mr. Stone's questions and said, in regards to the fountain at Stone Gate, the neighbors down the way were complaining because they were paying for it to run and they could not see it. Because of the complaining they will not be putting up a fountain in this construction. In regards to the retaining wall, the City was out many times to try and work something out with the resident. He said he was not sure what the resolve was with the City. In regards to the trailer parking, there is a parking lot at Lake Riley for this. Fox stated in regards to Riley Park, there are 15 spots dedicated for trailer parking. We only regulate that there be no parking along Riley Lake Road. In regards to parking on Pioneer Trail, certain segments are available for parking, but that is up to the county in regulating this. Judy McKloskey, of 18776 Pines Way, said she is glad that the road across from Crestwood Terrace is not going to go through at this time. She said she is relieved and that is why she is here tonight. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Wuttke, to recommend approval of the Planned Unit Development concept Review on 13.4 acres, Planned Unit Development District Review with waivers on 13.4 acres, Zoning District Planning Commission Minutes November 26, 2012 Page 5 Change from Rural to R1-9.5 on 13.4 acres, Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way based on plans stamped dated November 19, 2012 and the staff report dated November 21, 2012. Motion carried 5-0. VII. PLANNERS' REPORT Rojas said the next Planning Commission meeting is scheduled for December 10th Currently there are no public hearings scheduled. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS Wuttke asked,in regards to parking boats or trailers, could the city put signage around areas to keep spaces available for the residents in their area. Rue said it is a balance as to what the neighborhood wants. He stated signs can be put up,but they are not selective, meaning if a no-parking sign is up, the residents cannot park their either. XI. ADJOURNMENT MOTION by Wuttke, seconded by Lechelt, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 8:05 p.m.