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Planning Commission - 07/22/2013 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 22, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Regina Rojas, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Egan and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Lechelt, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 24, 2013 MOTION by Frank, seconded by Kirk, to approve the minutes. Motion carried 6-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. BRYANT LAKE PROPERTY by Homestead Partners, LLC Location: Address Unassigned PID: 11-116-22-14-0005 Request for: • Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres Tom Strohm,representing Homestead Partners, stated they are here tonight requesting a guide plan change from Open Space to Low Density Residential on 0.89 acres. Planning Commission Minutes July 22, 2013 Page 2 Chair Stoltz asked Rojas to review the staff report. Rojas stated this proposal involves 9.3 acre parcel of land that is designated for Park/Open space. Since this is adjacent to Bryant Lake the City originally designated the entire property as Parks and Open space. The applicant is asking for only .89 acres of the 9.3 acre parcel for Low Density Residential. Staff recommendation is for approval. There are conditions the City would like to add to the motion prior to the applicant obtaining the building permit. City staff has also been working with the applicant. Frank asked if the conditions were acceptable to the project proponent. Mr. Strohm stated they were acceptable to him. Lee asked if this lot of land was ever owned by the City or just a private applicant. Rojas said it was never owned by the City, only private, and was likely green—Open/Park space because it is adjacent to the lake and wetland. Chair Stoltz opened the meeting up for public input. Mary Ellen Wright, of 11228 Willow Wood, stated her property is adjacent to this parcel of land. She and her husband purchased their home from the applicant in January of 2011 and was told this parcel was guided parks but zoned rural. She stated she has some questions and the first one she would like a definition of low density housing. Rojas said it is residential homes from 0 to 2.5 acres. This property is not going to be subdivided; one home will only be built on it. The next question Ms. Wright asked is, what are the parameters for building a single family home that is zoned rural. Rojas said if they meet the setback requirements the can build the house. It would be the setbacks that were allowed in the 1980's when the lot was created. The applicant is not requesting any variances,just a guide plan change. Ms. Wright said this is the first time she had heard of the setbacks from the 1980's. Chair Stoltz said he wanted to clarify if the zoning was to stay the same. Rojas said it is zoned rural and this is not changing at this time. In order to construct on this land the guide plan and zoning need to match up; so what needs to be changed is the guide plan to low density residential, so they can build a house on the property. Ms. Wright asked about the conditions and do they all have to be met before they can build on the property. Chair Stoltz stated that was correct, all the conditions need to be met before they can start building. Ms. Wright asked what the regulations are for the dock. Rojas said they would have to meet code for this. Mr. Strohm said they will abide within the City ordinance. Frank asked Ms. Wright what her concern was with this property. Ms. Wright said there were some inconsistencies with questions she had asked the City a year ago as they were told this property would not be built on. She stated she does not understand how a home can be built on this parcel of land because Planning Commission Minutes July 22, 2013 Page 3 their driveway is at such a steep slope right now. Chair Stoltz ask Rue if he looked at the property. Rue said he did and that is why the following condition was added in order for the project to be approved. It states the driveway should be evaluated to avoid wetland impacts to the fullest extent possible. MOTION by Lechelt, seconded by Lee, to close the public hearing. Motion carried 6-0. MOTION by Lechelt, seconded by Lee, to recommend approval of the Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres based on plans stamped dated July 5, 2013 and the staff report dated July 19, 2013 and subject to the following conditions prior to building permit issuance. • Apply for a City right-of-way permit for the water service connection. This may require a security. • Deed all necessary right of way and easements to the City. • Complete wetland delineation and revise based on the field evaluation conducted July 17, 2013. • The plans should be revised to show the correct wetland buffers based on the approved wetland delineation and assessment. This would include the new basin indicated north of the driveway. • A conservation easement would be required over the wetland and wetland buffer as per City code. The trail and boardwalk location for access to the lake must be indicated in the easement document. • The driveway should be evaluated to avoid wetland impacts to the fullest extent possible. • Land Alteration Permit is required from the City which will also be subject to Nine Mile Creek Watershed District requirements. • The driveway needs to be outside of the wetland and wetland buffer. Motion carried 6-0. VII. PLANNERS' REPORT There was no planners' report. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Lechelt said she was unable to attend last month's meeting but stated it was just a continuation of the discussion of the technical issues regarding the crossings over the existing pathways. She also stated the Supplemental Draft Planning Commission Minutes July 22, 2013 Page 4 Environmental Impact Statement was released and can be viewed at EQB.state.mn.us. Comments regarding this are due by August 12th. Send them to Nani Jacobson at nani._iacobson@metrotransit.orl!. The next meeting will be Thursday evening, July 25. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Lee, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:31 p.m.