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Planning Commission - 03/27/2017 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 27, 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 Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Vice Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Freiberg, Poul, Stoltz and Wuttke were absent. IIII. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Weber, to approve the agenda. Motion carried 5-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 13, 2017 MOTION: Higgins moved, seconded by Kirk, to approve the Planning Commission minutes dated March 13, 2017. Motion carried 5-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. KOPESKY 2ND ADDITION (CONTINUED ITEM) PLANNING COMMISSION MINUTES March 27, 2017 Page 2 Location: 18340 82ND 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 • 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, provided a recap of the project. He stated they are proposing an 8 lot single family home project. This proposal was continued from the March 13th meeting to allow time to revise plans for preservation, grading, lot size and configuration and setbacks. Mr. Howley said the proposed BMP#3 and#4 and rock trenches on the east side of the site have been added to the revised plans. He said they have also revised the landscape plan and because of the revision they were able to save a tree on 82nd street. On Lot 7 they were able to save a heritage tree. The slope was taken out and the area was graded down to remove the retaining wall. On Lots 1 and 2 trees were saved by installing a rock retaining wall. There was also an additional tree saved by the wetland area. Farr asked Mr. Howley to show where the earlier trees were removed from. Mr. Howley showed where the trees were removed. Higgins asked about the streetlights as they were discussed at the last meeting. Mr. Howley said one streetlight was to be put in at the end of the cul-de-sac but the City Staff said to hold off on exact placement. Vice Chair Pieper asked Klima to review the staff report. Klima said the project proponent's plans have been revised to include 5 additional trees being saved, the grading plan changed and some BMP's revised. Staff recommendation is for approval based on conditions listed in the staff report. In regards to the streetlights, staff will discuss placement as part of the final plat is done. Vice Chair Pieper opened the meeting up for public input. Chris Grote, of 18298 W. 82nd Street and neighbor to the east of this development, said he was pleased to hear about the additional discussion regarding the trees. He stated he would like to discuss the trees and the setbacks. In the middle of Lot 7, there are some nice trees and he said he was happy the large tree out front is being saved. Mr. Grote said he was also pleased there was an additional tree saved on Lot 8. He asked when a tree analysis is being done, is it done on a drafting table or do they go out on site. In regards to tree 91, Mr. Grote pointed out this tree is dead which is a problem because that is one of the trees being saved. It is a dangerous tree and should be taken down. Kirk said the City should address tree 91. Bourne said when a plan comes in like this, the trees are labeled. If it is in "poor" condition, such as this one, it is taken out of the calculation. Grote thanked him for the explanation. In regards to the homes on 82nd Street, they were pushed back in order to save the trees in the front yard. He said he PLANNING COMMISSION MINUTES March 27, 2017 Page 3 went out there and measured the distance from his house to the street. He also measured the other homes and they were consistent with an average setback being 35 feet. Mr. Grote said the City should make it a requirement in the plan to be consistent. They should require at least a 35 foot setback in the front yard. In regards to the staff report, the homes on the south side have a 30 foot setback but those homes are not in this development and so the setback for this property should be 35 feet. Vice Chair Pieper asked Klima to comment on Mr. Grote's comments. Klima said the staff analysis indicates an average setback for existing homes on the north side of 82nd Street is 34 feet. If there are questions about how the setbacks are calculated she will be happy to answer them. Farr said the block on Mr. Grote's property have more of an opportunity to have the homes setback because they have deeper lots. He stated his observation is this project is coming down to density and he would like to know the owner's thoughts if there were fewer lots to save the trees. Mr. Howley said he is the engineer for the project and not the owner but he did speak with the developers and they said it would not work to have 7 lots versus 8 and maintain the economics of the project. Cheryl White, of 18281 Dove Court, wanted to clarify not all the homes on 82nd Street are double fronted lots. Only 3 of the 5 are double fronted. Rick Wall, of 18266 Dove Court, said he has some alternatives to this project. The first request would be a lower density on Dove Court. He pointed out if Lot 1 was taken out, it would allow for larger lots. He also questioned the shape of the cul-de-sac and said it would have a more normal shape if Lot 1 was removed and pointed out if there are bigger lots and homes they would be comparable to the ones already on Dove Court. Vice Chair Pieper asked Mr. Howley to address price points. Mr. Howley said the builders are targeting an $800,000 average lot and home total. He also pointed out a lot of 1/3 acre versus 1/2 acre is not going to allow for much greater of a home and 8 lots on this parcel would still maintain the character of the neighborhood. Vice Chair Pieper asked staff to address the roundness of the cul-de-sac. Klima said Rue will address the cul-de-sac but she would like to discuss the lots around the cul-de-sac. She stated the deeding of Outlot A to preserve the wetland is impacting the setbacks for Lots 1 and 2. Rue said this is an off-set cul-de-sac due to topography of the property. He said typically cul-de-sacs have a teardrop design but with this one they are trying to fit this cul-de-sac on the lot. Weber asked if the shape of the cul-de-sac will cause a problem with snow plowing. Rue said the teardrop design allows for a much smoother flow with plows and trucks. PLANNING COMMISSION MINUTES March 27, 2017 Page 4 Weber said there are 5 driveways in this cul-de-sac which he felt was an issue. Rue said there is approximately 300 feet in the cul-de-sac and would not be a concern. Steve Davies, of 18290 Dove Court, stated he moved here for a better quality of life. He said this project sounds like a math problem and it does not take into account quality of life. He would like to discuss in more detail the density of the project and he would like a chance to understand the review process. Vice Chair Pieper asked Klima to respond to the process question. Klima said a public hearing is held at the Planning Commission and City Council levels. After the Planning Commission makes a recommendation, the neighbors will receive a public hearing notice for the hearing at the City Council. Laura Wall, of 18266 Dove Court, asked how many trees could be saved and she wanted to know if the trees to be saved would live through the construction. She asked what plans the builders have to save the trees. She also pointed out, in regards to the covenants and restrictions, they only received a one page draft and she was disappointed there was not more to it. Mrs. Wall also said they did express to Mr. Kopesky they would like the homes to be made of the same stone, stucco and brick currently on Dove Court. Mr. Howley said the tree protection awareness in construction has elevated in the last 20 years. They will install tree protection around trees that will significantly protect the roots. In regards to the CCR,he stated he gave them an overview because the legal document is not completed yet. Vice Chair Pieper asked Bourne to address the trees during construction. Bourne said the project proponent was correct the awareness has increased over 20 years and they are taking steps to save them. Bourne said if a tree is lost or damaged during construction then the tree will be replaced. Vice Chair Pieper asked Klima to discuss the building materials. Klima said the City does not enforce covenant restrictions,but does review the document to make sure the documents accurately address any city concerns. The City does not have building material requirements for the single family zoning districts. Mr. Howley wanted to point out the cul-de-sac was of City standard. Farr asked Bourne to address the City's tree ordinance as it was 20 years ago and can he put it in perspective if this property would be developed back then and would it have been this restrictive. Bourne said the ordinance back then would not have had such an emphasis on heritage trees but would have had some tree replacement. Farr asked if new homeowners wanted, could they or the builders, add trees. Bourne said it is up to the homeowner discretion. PLANNING COMMISSION MINUTES March 27, 2017 Page 5 Mr. Grote said he would like to look at the conditions and said this is the time for change. He asked how the conditions will be enforced once construction starts. He stated no one will be policing the construction and stated the covenants should remove flexibility. He also feels the lot prices are too high. Weber asked Mr. Grote what he wants from the Commission. Mr. Grote said he wants 35 feet setbacks on 82nd Street and to replace tree 91with a real tree. He said there are 2 heritage trees on Lot 7 which he wants to make sure are preserved. Cheryl White said she is concerned with the 5 lots in the cul-de-sac and cramming them into the area because it will affect property values. Farr said this is Kopesky's 2nd Addition and should be a neighborhood on its own and not considered Pines 3. Laura Wall said this is an extension of the Pines and their home values will be based on a few 100 yards from where they live. She stated this development is an extension of the Pines. Kirk said one difficult item from this development and Pines 2 is 17 years. He pointed out we should not try and duplicate this development to look like the Pines and said the Commission can just try and be consistent. It is all about balance; what the City wants, want the developers want, and what the neighbors want. The Commission will hear the homeowners input and try and balance everything out. Higgins asked about the 35 foot setbacks and if the builder comes up with a design to move the home back further would it be possible? Klima said the setback requirements are the minimum allowed. This property is zoned as R1- 13.5, which is 30 feet,but the tree preservation is based on grading which will be taken into consideration. Steve Davies said if the lot prices are not realistic than they will not sell and what will go in there is a cheaper house in the area. Farr asked Mr. Kopesky if he would proceed with the project if there were 7 lots versus 8 lots. Wayne Kopesky said he and his brother are looking at 6 builders right now and will select only one to build this project out. The homeowner will work with the builder to design the home they want. The builders said there should not be a problem selling the land because of the scarcity of land in Eden Prairie. He and his brother are closely monitoring the project and development. Weber said he feels this is more of a 7 lot development. Vice Chair Pieper asked if they could do 8 lots and not deed any land to the City. Klima said 3 of the 4 waivers are related to the wetland preservation and deeding of the outlot. Vice Chair Pieper asked if the wetland could be filled in. Klima PLANNING COMMISSION MINUTES March 27, 2017 Page 6 said it is the City's preference to maintain and preserve wetland acres. Higgins said this is an unusual lot area and she does have confidence in City staff in regards to this project. Higgins also pointed out the City Council is also an opportunity for homeowners to come forward. She stated if we try and tie this up too much, things may just stall. Higgins said she would like this to move forward to the City Council. Kirk said, in general, he is in favor of the development and is in favor of the 8 lots and concurs with Higgins in regards to the City staff and to trust in their knowledge. Kirk said the only issue he has is the covenants are not complete but he does not feel it should hinder the project. Farr said he thought the applicant responded to requests for trees and he does not have an issue with the setbacks. He also wanted to re-iterate this is not an extension of the Pines Development and we have to recognize the owner does have rights and we need to rely on the City's expertise and trust in their judgement. Vice Chair Pieper said he was in favor of the project as well. MOTION: Kirk moved, seconded by Farr, to close the public hearing. Motion carried 5-0. MOTION: Kirk moved, seconded by Farr, to recommend approval with conditions as recommended by staff 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 23, 2017 and the information included in the staff report dated March 24, 2017. Motion carried 4-1, Weber opposing. VIII. PLANNERS' REPORT A. PARKS INFORMATOIN Klima said as part of the Aspire Eden Prairie 20140 Comprehensive Plan update, staff will bring forward topics for the Commission to discuss. Tonight's topic is Parks. Bourne presented information on the Parks and provided a PowerPoint. He stated in 2003 the City went through a Park and Open Space plan, looking at demographics of the City to see what the future needs would be. They took into account such things as needs, demands, policies and water resources. In 2009, a Comprehensive Plan was developed. In the Aspire Eden Prairie 2040 plan, the intention is to create a stand-alone chapter covering parks, trails, and open spaces PLANNING COMMISSION MINUTES March 27, 2017 Page 7 and take into account how we are using the space; is it used to serve the needs of all the residents. The new land maps will be used to evaluate the need for parks in high density areas and better define areas which need to be protected. The trail and sidewalk needs will also be updated and funding mechanisms for park improvements will be addressed. Higgins said she viewed the Aspire website today and saw a topic people could comment about and also the ability to comment on other feedback and questioned if this did not exist in 2009 and will there be seeing more interactive opportunities. Klima said the City has hired a consulting firm and there are also four areas of the City they will be looking at for feedback. The City wants the community engagement portion of this process to be more dynamic this time around and will also be including focus groups. The intention is to have community engagement and to make this more of an interactive experience. Kirk said the parks in Eden Prairie should have its own chapter. Farr asked what the City's initiative is in engaging the river. Bourne said the City only owns a small part of the river front, most of it is privately owned or owned by the Fish and Wildlife Administration. IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 5-0. Vice Chair Pieper adjourned the meeting at 9:16 p.m.