Planning Commission - 03/13/2017 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 13, 2017 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins,
Charles Weber, Andrew Pieper, Ed Farr, Mark
Freiberg, Tom Poul
CITY STAFF: Julie Klima, City Planner
Randy Newton, Assistant City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Weber was absent and Pieper arrived
at the start of the Public Hearing.
II. APPROVAL OF AGENDA
MOTION: Wuttke moved, seconded by Higgins, to approve the agenda. Motion carried
7-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 27, 2017
MOTION: Higgins moved, seconded by Kirk, to approve the Planning Commission
Minutes. Motion carried 7-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. KOPESKY 2M ADDITION
Location: 18340 82 Id St W
Request for:
• Planned Unit Development Concept Review with waivers on 4.14 acres
• Planned Unit Development District Review with waivers on 4.14 acres
PLANNING COMMISSION MINUTES
March 13, 2017
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• Zoning District Change from Rural to R1-13.5 on 4.14 acres
• Preliminary Plat of one lot into eight lots on 4.14 acres
Charlie Howley, Civil Engineer for HTPO and representing the owners, presented
the proposal. He gave a brief overview of the project and stated the land is
approximately 4 acres. He pointed out this was the last parcel of land to be
developed in the area. One of the waivers requested is for the length of the cul-de-
sac. Mr. Howley also stated there will be a front yard setback waiver to reduce the
30 feet requirement to 20 feet on several of the lots. They are requesting this
waiver to keep the house towards the street to protect the wetlands. The rear
setback waivers are just to align the building setbacks. There is also a request to
reduce the wetland buffer from 20 feet to 5 feet between Lot 1 and the wetland.
Mr. Howley stated they worked hard on saving as many trees as possible,
specifically the heritage trees. They did hold a neighborhood meeting on October
12th. Most of what was discussed was the tree impact and the value of the homes,
to make sure they were compatible with the neighborhood. Mr. Howley concurred
that would happen. He stated the owners have been working with a handful of
custom builders. The goal is to have them hit the price point with what is around
the neighborhood. Also, the rate of development will occur based on the market.
The owners want this to be a good piece of property and are working hard on that,
they will not rush the project just to get it done. The owners will have only one
custom builder for the 8 lots.
Chair Stoltz asked Klima to review the staff report. Klima stated staff
recommendation for this project is for approval based on the conditions listed in the
staff report. There are three conditions to be addressed before this goes before City
Council. Revise the tree replacement plan, work with staff on the landscape
species, and revise the grading plan to remove the retaining wall on lot 6.
Freiberg asked Mr. Howley how the footprint will fit inside the lot. He stated it
appears for lots 1, 2, and 3 the box is too close to the road. Mr. Howley said they
look at homes in the area and go by the price point. He said, not being a builder,he
did not want to start site planning the lot. There can be some flexibility in where
the home can be placed. They would like the future owner and builder to work
together on this.
Chair Stoltz opened the meeting up for public input.
Chris Grote, of 18298 W. 82nd Street and neighbor to the east of this development,
stated he wanted to thank the Kopesky's for being great neighbors and he is in favor
of the project. He stated there are a few items he wanted to address. He stated one
of his concerns is when he moved in around 2000 there were a lot of mature trees in
the area. Also, the homes built in 2000 were set back on purpose to protect the
large trees in the front yards. In viewing this current proposal, Mr. Grote would
like the houses to be in line with the existing ones on 82nd Street. He felt a 50 foot
PLANNING COMMISSION MINUTES
March 13, 2017
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setback would be good and would preserve the character of the neighborhood and
the trees in the front yards. Mr. Grote said he was pleased to hear about the price
point being a concern. He pointed out when he moved in he paid $80,000 for his
lot. It appears the proposed lots would be selling for approximately $250,000 and
he feels it would be hard to hit this. Mr. Grote wants a successful neighborhood
and would ask the developer to be thoughtful with this. He would also like to hear
about some of the covenants and restrictions before it goes to City Council. Mr.
Grote said, in conclusion, he would like the setback to be pushed back further.
Chair Stoltz asked the project proponent to address the setback. Mr. Howley said
the setback of 30 feet is from the property line and not the curb line. He pointed out
again they want the builder and future homeowner to work together on this. The
reasons for some of the setbacks are because the grade in the back yard is high on
lot 6, and on lot 8 they are trying to preserve trees in the back yard. In regards to
the setbacks on 82nd Street, they are trying to line up with the existing homes.
Chris Grote said he would like the homes pushed back 40 feet from the lot line and
not the 30 feet which is proposed. He stated he is also aware of the trees on lot 8
and feels the trees in the backyard could still stay if the home was pushed back. He
would like to see this handled now versus later. He would like a condition put into
place that the house has to be 40-45 feet off the setback line.
Kirk asked Klima if there was somewhere in the ordinance where there is an
average setback when building new lots. Klima said 40% of a block within a
subdivision is developed, the required setback is to be equal or greater than the
average of the principal structures on either side.
Mark Golenzer, who resides on 18218 Dove Court, said he has a couple of
comments in regards to this project. He stated the construction traffic on Dove
Court will create a lot of wear and tear on the road and he would like to see repaired
when the project is complete. In regards to lighting, he said there are currently only
two street lights on Dove Court and he would like to see more put up.
Laura Wall, of 18266 Dove Court, said they have not received a draft of the CCR
document so they do not know what will be put in the covenant and restrictions.
She also commented she finds it hard to believe someone will want to pay $200,000
for a lot and stated she wants her property values to stay the same.
Farr said he does not mind the density of the project. He stated this site has a lot of
natural resources which has potential. There are only 2 of the 6 heritage trees being
saved and he would like to see more of those and the significant trees be saved. He
felt a better plan could be put into place.
Chair Stoltz asked staff to address the preservation of the trees. Bourne said they
have been working with grade and tree loss on this project. They need to make sure
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March 13, 2017
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drainage is working with minimal tree loss. He stated they will continue working
with the project proponent to minimize tree loss. Kirk stated drainage seems to be
an issue with the project. Bourne concurred drainage was an issue.
Poul asked the project proponent about lighting and if more could be put up. Mr.
Howley said they do not have a problem adding more street lights. Mr. Howley
also commented, in regards to the setbacks for lots 6, 7 and 8, which the 35 feet
may not be an issue but 40 feet would. They are trying to balance this so the
homeowners could have a back yard. Chair Stoltz asked how far the curb line is
from the property line. Mr. Howley said it is approximately 10-12 feet.
Higgins wanted clarification about the street lights and when that would occur.
Newton said it would not be a problem to put up additional street lights and the
project proponent can work with City Staff.
Wuttke asked if this was the first project since the tree ordinance came into effect.
Klima said it was not; there were two other projects prior to this one. Wuttke asked
if the others were as complex as this project in regards to topography and drainage.
Klima said one of the projects had double the amount of lots and also had site
challenges.
Chair Stoltz said he does not want to see this project get rushed. He would like the
project proponent to get the CCR document to the homeowners in the neighborhood
and work on tree replacement with City Staff. Pieper concurred with Chair Stoltz.
Klima said the CCR document is not a document the City enforces. The City
reviews the documents to ensure they accurately communicate city responsibilities.
She stated the City typically receives the documents before the release of the final
plat. Chair Stoltz asked the project proponent if there are CCR documents
available. Mr. Howley said there are and they will disperse them.
Kirk said he sees three issues with this project; the setback on 82nd Street, the CCR
documents and tree replacement. He stated he has a concern with the setback and
would like the City to go back and look at this with the project proponent.
Chair Stoltz commented there does not seem to be opposition in regards to this
project but he would like to see some of these issues addressed before this is
approved and would like to have the project proponent come back in two weeks
with an updated plan. Klima said that should be a feasible turnaround time since
there is some work in progress. Mr. Howley stated he is not happy about a
continuance as they would like to keep this project moving.
Wuttke asked Klima what the setbacks were for the neighborhood to the east.
Klima said it is for 30 feet, which is the minimum.
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Pieper commented homeowners with kids want a backyard so be mindful of this
when making adjustments. Chair Stoltz concurred with Pieper.
MOTION: Farr moved, seconded by Kirk, to recommend a continuance for
Planned Unit Development Concept Review with waivers on 4.14 acres; Planned
Unit Development District Review with waivers on 4.14 acres; Zoning District
Change from Rural to R1-13.5 on 4.14 acres and Preliminary Plat of one lot into
eight lots on 4.14 acres based on plans stamp dated March 3, 2017 and the
information included in the staff report dated March 8, 2017. The continuance to
the March 27, 2017 Planning Commission Meeting will be for the purpose of
further emphasis on tree preservation, grading, lot size and configuration and
setbacks. Motion carried 7-1, Wuttke opposing.
VII. PLANNERS' REPORT
A. MARCH 7 COUNCIL WORKSHOP
Klima said in regards to the joint session with the City Council regarding the Aspire
Eden Prairie 2040 Comprehensive Plan update, she will send out the presentation
link.
VIII. MEMBERS' REPORT
Pieper said the Community Advisory Committee he was on for the LRT has ended. There
will be new committees set up for construction.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission
meeting. Motion carried 7-0.
Chair Stoltz adjourned the meeting at 8:07 p.m.