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Planning Commission - 03/28/2016 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 28, 2016 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 CITY STAFF: Julie Klima, City Planner Rod Rue, 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. II. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Pieper, to amend the agenda to have Variance#2016- 01 as the first item in the Public Hearings. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 14, 2016 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. VARIANCE#2016-01 Location: 6991 Sand Ridge Road Request to: • Permit a one stall garage addition with a side yard setback of 46 feet. The Cardinal Creek Development Agreement requires a minimum 50 foot setback off Baker Road PLANNING COMMISSION MINUTES March 28, 2016 Page 2 Brian Townsend, owner of the property,presented the proposal. He stated he would like to add a garage addition as the current garage is not very large. He pointed out there would be no major changes to the garage. Mr. Townsend explained they have a boat they would like to store in the garage or an extra vehicle; versus parking it on the driveway. They have looked at alternatives but that would mean taking out many trees and driving around the back to gain access. This proposal seemed to be the best option. Chair Stoltz asked Klima to review the staff report. Klima said the request is for a 4 foot variance for the 50 yard front setback put into place through a Developers Agreement in 1979. This setback was exclusively for this subdivision. Staff recommends approval based on the staff report. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Kirk moved, seconded by Pieper, to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Higgins, to recommend approval of the Final Order#2016-01 based on plans stamp dated February 26, 2016 and the information included in the staff report dated March 23, 2016. Motion carried 7-0. B. EDEN PRAIRIE SENIOR LIVING Location: 10220, 10240 & 10280 Hennepin Town Road Request for: • Guide Plan Change from Low Density Residential and Office to High Density Residential on 3.37 acres • Planned Unit Development Concept Review on 3.37 acres • Planned Unit Development District Review with waivers on 3.37 acres • Zoning District Change from Rural to RM-2.5 on 3.37 acres • Site Plan Review on 3.37 acres • Preliminary Plat of five lots into one lot and one outlot on 3.37 acres Link Wilson presented the proposal. He started out by stating MNDot owns a small portion of land on this proposal and MnDOT is willing to sell the parcel of land. Mr. Wilson stated they thought they had a good plan for this property in December when it was brought before the Commission but after taking feedback from the meeting they were able to make improvements to the grade and outdoor space plan. The improvements include reducing the units to 116, which will allow for more space. They wanted all deliveries and trash on the north side of the building. They have added a bird watching area and connected the trails making them closer to the building. There is a front porch and also a bench area and added outdoor patios and decks. They also have a small dog run. The roof line is more enhanced and they are working with the natural grade to open the area a bit more. For the homes across the street, they are creating a landscape buffer. Mr. Wilson pointed out most PLANNING COMMISSION MINUTES March 28, 2016 Page 3 of the residents will not be driving, especially the memory care patients so in regards to parking ratio, it would essentially be a 1 to 1 ratio. The development is as close to Hwy 169 as possible, so that would also act as a natural buffer. In regards to the wetland buffer, they are asking for some leeway there. Mr. Wilson pointed out prices are incredibly high for the construction of this development, and especially with all of the amenities they are providing. This project will be privately funded and they are not asking for any government assistance. Albert Miller, a representative of this project, said in regards to the cost of this project it will be anywhere from 14 to 18 million dollars. They are looking to create a beautiful development and take pride in what they do. They would like to be part of the Eden Prairie community. Chair Stoltz asked Klima to review the staff report. Klima said this is a continued project from December 2015. In December, the Planning Commission asked about the triangular piece of land MnDOT owns. MnDOT has expressed a willingness to convey it to the City and the City will convey it to the developer. Staff is recommending approval based on the staff report. Farr commented he is pleased with the designs. Chair Stoltz opened the meeting up for public input. Annette O'Conner, of 10444 Fawns Way, said when she spoke in December she said she has lived at her residence for 20 years and pointed out that coming out on Pioneer Trail there is no right turn lane. She stated this will only get worse with the development. She asked if the first floor of the building will be more level with Hennepin Town Road. Mr. Wilson said the grade changes on Hennepin Town Road make it rise a bit and at the end it will drop off. Ms. O'Conner stated if a 3 story building is put on top of the hill it will tower over everything. Mr. Wilson said there is a 5 foot differential in the middle of the building. It does rise 3 feet at the south end and is flat on the north end at the garage area. Ms. O'Conner again stated this will be a high development. She asked if there would be two entrances into the property. Chair Stoltz said there would only be one entrance. Chair Stoltz asked Mr. Wilson to put up the map displaying the entrance. Ms. O'Conner said this will be a hassle in regards to traffic. She also commented there are a lot of waiver requests. Chair Stoltz asked Rue to review the right turn lane. Rue said that intersection was built differently and when there was a development on the Walgreens side, the left turn lane was taken out. Rue pointed out they will gain that back in the future. Brant Hutchins, of 9901 Lee Drive, stated he is not in favor of this development. He has lived in his home for over 15 years and is concerned with the traffic in the PLANNING COMMISSION MINUTES March 28, 2016 Page 4 area. He stated this land was a natural buffer and has a lot of wild life. He would like to see this not developed. Jennifer Scott, of 10252 Normandy Crest, said her driveway is the first one across from this development. She stated, as she brought up before in the December meeting, this is a big and dense project. She asked staff where in Eden Prairie is there something like this in a residential area. She understands the developer has to make money but asked if the Commission could approve a smaller or less dense project. She stated she never thought they would have this big building put in next to them. Chair Stoltz asked Klima what projects are of this high density scope in residential areas. Klima said the density is similar to the projects listed in the staff report. Farr said in regard to traffic congestion, why hasn't staff completed a traffic study. Rue said typically with senior housing there is a small traffic demand and that is the reason a traffic study was not completed. He has no concerns for traffic in the area. Mr. Wilson commented there are 18 employees at maximum capacity, with most starting at 7 a.m., and so the traffic would be at off peak hours. Chair Stoltz asked where all the commission members were at, in regards to this project. Wuttke said a lot of progress has been made and he likes the plan and does not have concerns with it. He would like to eliminate the affordable housing being at 20%. Klima said in regards to affordability, 20% is a consistent staff recommendation. Wuttke said the comprehensive guide plan should be just such, a guide plan. He does not feel comfortable with the affordability recommendation without seeing the financial statements. He would like to see items 5, 9, 10 and 11 eliminated on page 7 of the staff report; 9 could be left in there if they wanted to work with Hennepin County. Pieper said he approves of the changes that have been made and commented if an apartment building was put up it would generate more traffic. In regards to the affordable housing he would like to see it go down to 5 or 8 percent. Mr. Miller said if they had to go with 20% affordable housing this project would be undoable. Higgins agreed with Wuttke and Pieper on the project,but also stated the City needs a 20% commitment somewhere so if it is not here it has to be somewhere. Higgins said she likes the project and the improvements. She said she is a little unclear about the MnDOT piece of the property. Klima said the developer is to work with MnDOT and will pay all the costs. The timeline for conveyance may not be consistent with the review process so this issue will need to be addressed in the Development Agreement. The amenities will have to be placed elsewhere if the conveyance does not occur. Mr. Wilson said the amenities are a patio and a bird feeder and would just be placed closer to the building if necessary. PLANNING COMMISSION MINUTES March 28, 2016 Page 5 Mark Kiperstein, an attorney for the applicant, said MnDOT told them there is no obstacle to the conveyance. MnDOT has agreed to convey this property to the City and the City will convey it to the developer. He stated they will be paying the closing costs. Klima said the timelines for other properties has been 18 months but MnDOT said for this project it could be 6-9 months. Wuttke asked if MnDOT put this in writing. Mr. Kiperstein said MnDOT does have this in writing. Kirk said there have been a lot of improvements made; but hearing from the residents and asking for a better alternative, such as an apartment complex or office building, he feels the senior living development would be the best alternative. He pointed out this site is a good buffer for Hwy 169 and is in favor of it. He stated he would like the affordable housing part taken out of the agreement. Weber also said this is a good development for the area and a good buffer for Hwy 169. In terms of the affordable housing he would like to see it at 5 or 8 percent. Mr. Miller said he is not sure how the recommendations would affect the project and financing and they are trying to be practical and make this a successful project. Farr asked about the driveway easement if MnDOT did not agree with the conveyance. Klima said the City has an access easement if the conveyance did not occur. Chair Stoltz said the concerns seem to be the 20% subsidized housing requirement. Klima said she would like to continue the conversation with the project proponent and address this before the City Council meeting. Mr. Miller said he would like to come out of this meeting with a recommendation of no more than 5%. Chair Stoltz said they could recommend 5%but the City Council could change that number. Kirk said the Commission could recommend no more than 5% and felt that would be a reasonable number. Jennifer Scott said she likes the way the project looks but is having trouble with the City saying the affordable housing should be at 20% but the project proponent says they cannot afford it to be at 20%. Klima said with other projects affordability levels have been addressed through the PUD process. Wuttke commented the market place should dictate this and not the government. Chair Stoltz said he would like to see provisions in place for the elderly. Kirk suggests discussions continue with staff and the project proponent not to exceed 5%. Pieper said he would like to move the project forward and to keep that part of it general and have the City Council come up with a resolution. Klima said the City Council will review the minutes and recommendations and staff will continue to have discussions with the project proponent. Farr said he would like to see a minimum of the affordable housing and not a maximum. Weber said he would like to see 5% as the maximum. Higgins stated PLANNING COMMISSION MINUTES March 28, 2016 Page 6 that a minimum of 5% is good. Pieper said he is good which a minimum of 5%. Mr. Miller stated when you have 5% at 30 years it may be a little over the top. Chair Stoltz said the Commission is stating they like the project but do not like items 5, 9, 10, and 11 at 20% and would like the City Council to be aware of this and would like to see continued discussions on this topic. Wuttke is concerned because we would be replacing one number with another without any financial data. Chair Stoltz said the City Council would take that into consideration and review it. MOTION: Farr moved, seconded by Pieper, to close the public hearing. Motion carried 7-0. MOTION: Farr moved, seconded by Kirk, to recommend approval of the Guide Plan Change from Low Density Residential and Office to High Density Residential on 3.37 acres; Planned Unit Concept Review on 3.37 acres; Planned Unit Development District Review with waivers on 3.37 acres; Zoning District Change from Rural and Office to RM-2.5 on 3.37 acres; Site Plan Review on 3.37 acres and Preliminary Plat of five lots into one lot and an outlot on 3.37 acres based on plans stamp dated March 14, 2016 and the information included in the staff report dated March 23, 2016, and amended as follows on page 7 on the conditions listed in the staff report. Item 5 will be changed from 20% to a minimum of 5%. Items 9, 10 and 11 will follow with the phrase, "or as otherwise determined by City Council. Motion carried 6-1; Wuttke stated he is in favor of the project but not the amended portion. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Kirk moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 8:37p.m.