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Board of Adjustment and Appeals/Planning Commission, July 10, 2025

Shakopee City CouncilFriday, July 11, 2025
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We good? >> Yes. >> Okay. It is Thursday, July 10th, 2025. It is 700 p.m. First item of business. Mr. Kursky, can we get a roll call, please? >> Commissioner Foresight, >> here. Commissioner Wiler, Commissioner Sandu, Commissioner Reading, Commissioner Rano here. >> Commissioner Sepovo >> here. >> Commissioner Robbins here. All right. Second item tonight tonight is the approval of the agenda. Are there any additions or subtractions to tonight's agenda? >> No, ma'am. >> Perfect. I will entertain a motion to approve the agenda. >> So move. >> All right. Uh we have a first. Can I get a second? Four size seconds. >> All those in favor. >> Any opposed? Okay. Um, third item, recognition by board of adjustments and appeals of interested citizens. Are there any interested citizens here tonight that would like to discuss something not on the agenda? >> Okay. Item four, consent business. We have the approval of the meeting minutes from June 5th, 2025. Can I get a motion to approve the minutes? >> So moved. Second. Foresight makes the motion. Robin seconds. All those in favor? >> I. >> Any opposed? >> All right. We have one public hearing tonight under general business. That's the revocation of conditional use permit for vehicle service and repair at 936 Avenue East. >> Just to check, is it a public hearing or No, >> it's not. >> It's not listed as one. >> No, it's not. >> It's I don't think it is because it's a revocation. >> That's what I thought. Okay. >> My bad. That's totally my bad. motion. >> I assumed >> that's right. >> Okay. This is not a public hearing. So, do I need I don't need to make a motion. >> No. All right. >> We're just going to talk about it again. >> Mr. Kursky, you have the floor. >> Chair and commissioner. So, this is if you remember, you approved this, but it was subject to them occupying the property. They sold the property. So, we to set at that meeting, but we then revoke it because they don't need it. So, that's what we're doing tonight. >> Sounds good. So, there's no Nobody did anything wrong. We're not >> No, they're for a different purpose. >> Yeah. Property to a non-automotive use. So, >> yeah, >> that conditional use permit is not required. >> Yep. >> So, then the motion would just be to approve resolution. >> Yeah. Right. >> Motion to approve revocation. Yes. >> Okay. So, I'll make that motion. I'll make the motion to approve the revocation of the conditional use permit in resolution PC 2025-00003. Second. >> All right. Uh, Commissioner Rano makes the motion. Commissioner Robin seconds. Uh, may we get a roll call, please? >> Commissioner Foresight, >> I. >> Commissioner Rano, >> I. >> Commissioner Sepovo, >> I. >> Commissioner Robbins. >> Hi. >> All right. Motion passes. So then we move on to item six, other business. Is there any other business tonight? Mr. Kursky? >> No, ma'am. >> All right. Well, then I will entertain a motion to adjourn to Thursday, August 7th, I believe, 2025 at 7 PM. >> So move. >> Mr. Robbins makes the motion. >> Second. >> Commissioner for second. All those in favor? >> I. >> Any opposed? >> Perfect. >> 704. >> 704. All right. Well, I will call to order the uh Shaki Planning Commission uh at 704. Uh we'll start with item one on the agenda. Roll call. >> Commissioner Foresight >> here. >> Commissioner Wiler, Commissioner Sandeu, Commissioner Reading, Commissioner Ranowabe >> here. >> Commissioner Sapovo >> here. >> Commissioner Robbins >> here. >> All right. We'll move on to item two, approval agenda. Are there any additions or subtractions to the agenda? >> All right. Hearing none, I'll entertain a motion to approve the agenda. >> So moved. >> Commissioner Seovo with the motion. Second. >> Second. >> Commissioner Rando with the second. Any discussion on approving the agenda? >> Hearing none. All in favor? >> I. Any opposed? It passes unanimously. We go on to item three, recognition by the Planning Commission of Interested Citizens. Is there anybody here that would like to speak on something that's not on the agenda already? All right. Hearing none, we'll move it on item four, the consent agenda. The only thing in the consent agenda is the planning commission meeting minutes from last month, June 5th. Um, are there any changes or additions to that those minutes? >> No, sir. Hearing none, I'll entertain a motion to approve the consent agenda. >> A motion. >> Commissioner Robbins with a motion. Is there a second? >> Second. >> Commissioner Pov with a second. Any discussion on approving the consent agenda? >> Hearing none. All in favor? I. Any opposed? All right, that passes unanimously. Move on to item five, general business. The only thing in general business is a public hearing with a zoning map amendment and plinary plat for Elelliana Estates. Uh we'll start by entertaining a motion to open the public hearing. I make a motion we open the public hearing. Commissioner Robins, Commissioner Rand with the second. Any discussion about opening the public hearing? >> Hearing none. All in favor? >> I. Any opposed? That pass unanimously? Mr. Mr. Kurski, I assume there's a presentation from staff. All right, there we go. This is a public hearing for reszoning a preliminary and final plaque concurrent for Ilana Estates. Rick Oberg, James R. Hill applicant on behalf of Ellie LLC, Ryan Real Estate and 11010 Homes and Beverly Kanan Revivical Trust property owner have proposed a reszoning preliminary plat and final plant concurrent for the property located at west of Mystic Lake Drive, County Road 83 between Thrust Street and Valley View Road East. The applicant has proposed to reszone the property from agricultural preservation to urban residential R1B and develop approximately 14 acre site into 31 single family lots and two outlots, one which would be a storm pond and a wetland which will be dedicated to the city. Property is guided suburban residential which requires 3 to six units per acre. This development meets the minimum density requirement of three units an acre. The proposed lots meet the R1B standards related to lot size, setbacks, impervious surface and the residences will be required to meet performance standards related to the exterior materials, windows, etc. Utilities are available to the property. The development will be served by two culde-sacs with a connection to north and south via the extension of uh Avon Lane. The access to Mystic Lake Boulevard south will be removed. That's a county requirement. Sidewalks are proposed on the north side of both culde-sacs and the east side of Avon Lane. Trails will be installed from each culde-sac to connect to the existing trail system uh in the Valley Crest development to the north and to the trail that's along County Road 83. Staff is working with the developer to determine the appropriate amount of replacement trees per the provided tree inventory and finalized landscape plan. Cash will be required for any trees not able to be planted on the subject property or in another location acceptable to the city. So, here's the site. If you remember, several years ago, you approved um Valley Crest over here. This is city-owned property. This is the trail that we built that now connects through this neighborhood and has a leg off to Carer Drive. Um this is the road that was stubbed off originally to connect to this property. And then over at Witill Drive, this is a piece that was constructed so that eventually these two subdivisions could be um connected. This was a former agricultural um pumpkin. This was a homestead for Mrs. Kanan. So, here is the existing conditions. Uh this is the house down here with a driveway that's out to County Road 83. Here's the wetland that's over here. So, here's the proposed um Iana Place. So, two culde-sacs. Um we worked a lot with the developer. So this is the wetland area to make this as large as possible. And then um here's the other culde-sac. And if you remember again, this is city property up here. So this is a trail that runs through um valley crust. Here is the plat. So here's some typical elevations what they're looking at to build in this subdivision. And here's a drainage drainage and draating plan grading grading and drainage plan uh with some notes from engineering um including adding a ped ramp and some other minor comments. And then again this is the wetland that's down here and this will be their storm water basin up here. If you remember there's storm water basins over here that serve uh valley crest. Here's the tree preservation plan. So, this is a pretty heavily wooded area. Uh, they've done an extensive inventory. A lot of these trees don't count um because they're either invasive species or um trees that are considered not desirable. Um they're preserving all the trees u pretty much around this wetland area. And then along along um County Road 83, they'll be preserving these trees here. So, here's their proposed landscape plan. Um, so meeting the city standards, providing some buffer along the wetland, some additional um buffers in the backyards of these homes here up against the existing subdivision are required street trees. And there's been a lot of discussion uh about what trees will be allowed in this area because this will be a drainage area that'll be more native and engineering would like to try and keep the trees out of here because they tend to clog up our drainage system. So potentially some of these trees could be planted over in um the new park that's going in the adjacent subdivision. Staff recommends forwarding the ordinance approving a resoning from AG to R1B and resolution approving the preliminary and final plat of Aliana Estates as drafted uh to the city council. >> Thank you. And just one quick question. Do we have uh any public public meetings on this? >> I believe yes. >> Okay. >> The applicants here and they can talk. >> Okay. I just want to make sure because usually there's an agenda item that talks about public meetings >> and the new software somehow that got deleted. So >> got it. So, I just wanted to get it on the record, make sure that we did one. >> The applicant. >> Good, >> Mr. M. Yeah. Go ahead, Mr. Robin. >> Mr. Kuski, I I'm interested in trees. I'll tell you that right now. And so, I want to go back a minute even to that picture. And I have a couple questions about the trees generally. You say that that uh some of these trees are not as desirable as others. They're invasive trees. >> So, there's go into that. oaks, maples, what are we talking about? >> Yeah, there's a >> um what do you call ash bore in here? So, the ash trees we don't count because they would have to be cut down anyway. There's some um more wild trees that we don't count because they are very fragile and tend to in a high wind break, so they're not counted. So, we have a whole list of trees we don't count. So the remaining trees that we do count are things like um everything but a silver maple. We count regular maples, oak trees and there are a number of larger trees in here. So they have a significant amount of trees to make up in the project and it's somewhere around and they can applicant can talk about it. I think it's 6 to 700 in that they have to replace and they're replacing a lot of that onsite, but they're going to have to either pay into the tree fund or potentially plant more trees over in Valley Crest in the new park. >> All right. And remind me again what exactly that formula is. When you take a tree down, if it can't be there's so so much money you have to pay, go over that with me. It's depending on the type of tree. Um, they have to replace it based on a pretty complex formula that came up with that. So, it's either they have to replace the trees at $400 um for a 2 and 12 inch tree is what we got a credit for or they have to um put trees somewhere else in a city park or in a city right away. So, and then if I understand the report right, they're going to um replace some of the trees in a site off of here and then they're going to try to replace some of the trees on the other half of what we're looking at. Is that right? >> Uh chair and commissioner. So, if you look, there's they're putting a lot of more trees on the backside here, for instance, along this uh existing subdivision. And there's just some additional trees. They were making up a lot in the outlot here where the storm basin is, but engineering would try and keep trees out because they tend to clog up the storm basin. So, I believe there's 30 some odd trees that'll be planted potentially in the Valley Crest Park >> which is pretty large. So, >> thank you, Mr. Chair. >> Yep. Thanks. >> Any other questions for city staff? >> No, sir. >> All right. Is there anybody here that'd like to speak on this? if the applicants here and would like to say anything. >> Y >> and if you wouldn't mind signing in with your uh name and information there before uh before speaking, we appreciate it. Thank you. And just let us know your name. And >> uh good evening. I'm Rick Osberg with James R. Hill Engineering. Uh we're representing the developer builder uh Bill Ryan with uh Eli Inc. and 11010 Homes. And um we our project here uh while seemingly um might be kind of easy, it really wasn't. Um as it turns out um in respect to the trees, you know, we we there it's not a an uh you know, it's financially burdensome to to to really take down trees, you know, beyond what you're allowed to. And we did everything we we thought we could to you know, make that work. But at the same time, we have to meet the three units per acre threshold. And you know, we could leave the culde-sac out and save all the trees, but you wouldn't have the property meet the density requirement. So, I think that we've landed as close to three without um you know, going under and uh basically uh we've received all the city comments from engineering and the staff responded to them all. haven't been resubmitted to the city, but I have a printed copy of all that revision set work for us already. So, um, one one um, nugget of information. I was just looking at the tree inventory one more time to, you know, what we had on the site was 590 inventoried trees um, of various sizes. Obviously, that totaled up to be about 6,300 caliber inches of trees. 45% of those trees on the site were either damaged, ash trees, excluded from the list for whatever reason. Um, and our inventory included a few on off the property on the edges just to make sure we had it. So, um, it's it seems like a lot of loss, but there's a lot of material in that woods that just doesn't um, meet muster. So, >> appreciate that. Um, that's really s all I really have to offer. Uh, if you have any other questions specifically about the project, >> Mr. Chair. >> Yeah, sounds good. Mr. Robins, >> um, I'm just curious and maybe it was in the report, but um, what are these houses going to sell for? >> Bill, you want to comment on that? And if you wouldn't mind signing in then too. >> Thank If you wouldn't mind signing in then too. I appreciate it. Um, we're also building some homes in Whispering Woods and it's going to be similar to that product line. Um, our we build in almost all the southern suburbs. Uh, our average price is probably between 750 and 770. I would say between 700 and 950 is kind of the range I would see those houses. >> Mr. Chair, can I have one follow? >> Tell me something. When you start doing this, how many people will be working on the site? Can you give us an estimate how many people are you going to employ to build these? >> How many people on on on the site at any given time? >> Yeah. Workers, you know. >> Yeah. I mean I would say you know um probably framers uh probably create the the biggest number which would be you know maybe four or five people plus I have few people there so I'm guessing you you could see maybe a half dozen people there on any any given day >> and can I ask when maybe it's in the report when would you be done with this? That's a good question. Depends how fast they sell. Um, I would I would guess you're probably once we have a completed home, I'm guessing probably, you know, two years, maybe three, but you know, >> but you would have people, do you think you'd have people moving in in 2027? >> Oh, yeah. We'd have people moving in two uh 26. >> Okay. And 26. Our goal is to actually try to it's going to be a tight timetable, but my my goal is to have this site done this year >> and be able to at least pull a couple permits for models so I could be open for the spring parade, which would result in probably occupancy um next late summer to early fall 26. >> Thank you, Mr. Chair. >> Thank you. >> Yeah. >> Is there anything else for >> chair and commissioners? The other thing I point out is they did um at the city's request on the end, if you look at lot eight on the street B, they did extend that um sidewalk all the way over to the trail because it was they thought it'd be difficult. People would have to walk all the way back to Avon Avon Lane and go up to the trail. So people that live in that end will be able to go through that culde-sac and go up to the city's trail that's up in Belly View. >> Is that the between 9 and 10? It's between eight and seven. If you look at eight, lot eight on the left of the screen. >> Oh, okay. I was looking at eight on or eight and nine on the right side of screen. You're talking eight on the left side. Okay. >> Cuz there are two eight. >> Yep. There's also on between 9 and 10. There's also a connection out to County Highway 83. >> Yeah. Yeah. Okay. So basically this there was some concern on some of the staff to make sure this was connected to the whole trail system and not kind of an island. So they did work that all out. >> Got it. >> So Mr. Krisky, in terms of density, is this like the kind of like it it meets the minisum or is it is it exceeding the minimum? Like say you took away one lot and then saved more trees on >> They're right on there. >> They're right on there. Yes, it was >> they had a different design that preserved less trees and got them more lots, but um they were good enough to back off. So, where you see all the trees that are being preserved um to the left of out lot B where the wetland is. They originally had a house and a lot there, but they took that out. >> Okay. >> And they were still able to squeak by at the minimum. >> Okay, >> good. Good to hear. >> Anything else? >> Any other questions? >> Thank you. appreciate it. >> Is there anybody else here who'd like to speak? >> Again, if you would please sign in and then let us know your name. So, I'm in the Valley Crest uh development just to the north of lot A uh roughly just north of lot six and seven on just south of lot A there. But our development is in the Valley Crest. >> Can you speak up just a little bit? >> Yep. So, our development is we live in the Valley Crest development just north of lot A out lot A, sorry. So all those trees that are along the trail, we're really we're hoping those are those red lines mean those are all going to be removed. >> Yeah. They interfere with the drainage basin. Yeah. >> Is there any other options you can put in there besides can you put pine trees in there versus you know what what what kind of options are they going to be some trees in there? >> So chair and commissioner the issue is where they're currently showing the trees that are in the drainage and utilities. So that's how the water gets to outlaw A and we don't allow trees. So the developer would have to move those to the south of the dotted line and the engineers here and we can ask what they plan on doing. >> I mean we're in flux of revising that plan right now. Um we can pull more into the south of A whether it be in the backs of the lots on block one >> but really for city. We're not I mean they did a couple trees kind of just sporadically located along the north line a by the trail. So um you know that's that's an opportunity to plant but it doesn't sound like it's feasible from public standoint. >> Where do you do you live in Outlot A or at the other end? >> Uh we're just north of outlot A. >> Oh, okay. Yeah, we're going to look and see whether some of those trees could be put along the trail. >> Yeah, that would be that would be very >> So maybe this is >> for us as we we are in the same boat. Uh we we really like the trees and so we're very pleased that the the trees in the on the right hand side of the plan is allow you're saving that many trees. So that's that's great. But we would like some on the north side of lot A as well. My next question is uh where is the construction traffic going to come in? Will that stay on the road off of Mystic Lake? So, >> or will the >> They'll be coming down Thrush and working their way through Valley Crest. >> I'm sorry. >> They'll likely come through Thrush and come down work their way through Avon to get over to this piece. They can't access off of Mystic Lake >> right from the Gulf. So, when they come in to start clearing trees, they're going to come in through the existing development. Not >> Well, I think when they cut the trees down, they'll probably come off of Mystic Lake. Yeah. Okay. >> But once the county wants that driveway closed once they start construction, >> that's what we're hoping. We understand once the the dirt work is beginning and the roads and sew street and sewer go in, um obviously that'll have to come in off of Avon, but when they're clearing the land, if that can maybe stay off of Mystic Lake, their access and that would be great. >> Yeah, that's all I got. >> Sounds good. Thank you. >> County whether they are allowed or not. Typically, they don't. So, >> okay. >> So, Mr. Kerski, I have a follow-up question for you. So, the um in lot or block one, those lots 1 through eight, are they like at the minimum size? But if if they shrunk those lots a little bit, so outlot A could be shifted down and there could be more space along that trail to put trees. >> So, it's not a question. They can't go on that side of the trail because it's there's more grade there than it appears. engineering spent probably way too much time working on this. And >> yeah, >> there's two trees that they they're allowing to remain and we're going to look and see if we can then flip them to the other side of the trail. >> Okay, >> thank you. Any other questions or comments for city staff or is there anybody else here that'd like to speak too? Right. >> I did have one question. I wanted to know what the public meeting response was. >> Good question. >> The neighborhood meeting. >> Um, two families showed up, the couple behind me and then one other and both uh expressed um u favorable comments about the project. Um I think the other one lived just south west of lot nine. Um, and I think the biggest comment I took there is they were pleased that they we're not going to run another trail back through the >> areas that haven't had a trail before. So, >> and how wide a swath of of invites was that? >> It's 500 ft from the property line in all directions. >> That's the city code. >> Yeah. So, it's just under just under two blocks, something like that >> each way. Yeah. >> Yeah. Yeah. >> Yeah. I mean, I think that, how can I say this nicely? This has been a problem property for the city for many years. If you remember when we did the other subdivision, there was a lot of lawsuits and other issues over this site um that eventually all were dismissed, but um the house is not in good shape. The trees, while it's really dense, they were never properly maintained. That's one of the issues. They some of them have split and they're like this, which they should never have done. And I mean, I give them credit. I mean, they had an extra lot in here and we basically kind of rejiggered their subdivision to be able to preserve a lot more trees around the wetland, which they were able to do to make it kind of more of an amenity. >> Thank you. >> And that will be dedicated to the city when it's done. Any other questions or comments before we close the public hearing? Anybody else like to speak? All right. Seeing none, I'll entertain a motion to close the public. >> Mr. Chairman, I move that we close the public hearing. >> Thank you, Commissioner Robbins. Is there a second? >> I'll second it. Random. >> Commissioner Rando with a second. Uh, any discussion on closing the public hearing? >> No, sir. >> No. Hearing none. All in favor? >> I. Any opposed? >> All right. That does pass unanimously. Now the public hearing is closed. Uh we can discuss it some more. We can entertain a motion. It does look like we need two motions here. Right. So >> if we are if we want to pass this there's one motion to approve uh to amend the zoning map and the second one is for the preliminary and final plat. >> Correct. >> And can we do those in one swoop? >> No, they need to be done. >> Two separate roll call votes. Yep. >> Okay. >> Mr. Chairman, if I could. >> Yes. >> Yeah. This is a um I know it's been a difficult project for everybody to work on and and particularly because of the trees and everything, but I'm gratified to hear some of the efforts that have been made. I know it's not easy to um put into a development budget provision for uh you know uh building back trees. Uh there's strong feeling about trees in this community and we don't like to see them go. The units look wonderful. Um, and I like the idea that, you know, 7 700 725 something like that. It's always sticker shock for me because I can remember houses that a lot less than that, but you know, time goes on. So, >> yeah. Right. >> Um, again, I'm I'm gratified for all the work that's been done and and the care with the neighborhood meeting, etc., etc. So, that's all I have, Mr. >> Well, thank you. Yeah. Is there anybody else who'd like to uh say anything? And if not, uh what's the pleasure of the uh commission? >> Mr. Chairman, I'll make a motion to recommend approval of ordinance 02025-018 approving the zoning map amendment reszoning the property from agricultural preservation PN a G to urban residential PN R1B. >> Yes. The only thing I'll add is that it's O 2025, not zero 2025, but yes. >> Yeah. Thank you. Oh, yes. >> I'll second it. Random. >> All right. Commissioner Rando with a second. Any discussion on that motion? All right. We'll go to a roll call vote. >> Commissioner Foresight. >> I. >> Commissioner Ranoa. >> I. >> Commissioner Sepovo. >> I. >> Commissioner Robin. >> I. >> That passes unanimously. Uh, so we're done with half of it. Anybody interested in the second half? I'll make a motion to recommend approval of resol resolution R2025075 approving the preliminary and final plat of Elelliana Estates. >> Thank you, Commissioner. >> I'll second it. >> Commissioner Rano with a second. Any discussion on that motion hearing? None. We'll go to a roll call. >> Commissioner Foresight. >> I. >> Commissioner Ranowa. >> Hi. >> Commissioner Sepovo. >> I. >> Commissioner Robbins. >> I. That also passes unanimously and takes care of item five on the agenda. Uh we will move to item six other business. Is there any other business? >> So um you had requested to do a tour. >> Yeah. >> Yes. >> So we have one short item on the next agenda. It's extending the MUSA for the healing center for the SMS property that's actually outside the city, but my council's asked us to extend a Musa to them. So that could be a short item. So maybe we could meet at 6, do that item, and then do the tour >> on Thursday the 7th. >> Yes. >> Yeah. I like that. >> Delighted. >> Yeah, >> that's what we'll do. And we'll let everybody else. >> Is it just the one thing between the two agendas >> for me? >> Just the one thing between the two agendas >> thing that we have. Yeah. And it'll be a easy It'll be a hopefully a four or five minute meeting because it's something we have to do. The sewer's already been installed. So >> Great. uh with no objection. That sounds great to me. >> Oh, it sounds wonderful. >> Yeah. All right. So, we will plan on uh August 7th meeting here at 6, >> taking care of the agenda, and then heading out. >> Yep. >> Great. >> Um I will you be sending something out for the commissioners? Okay, >> perfect. >> Good. I didn't want it to be like a >> So, when we Whoever makes the motion to close, we need to close it to 6 PM on the >> That's a great point. >> That is you, sir. >> Is there any other business? All right. Well, then we are we're on item seven and I'll entertain a motion to adjurnn. >> So moved. >> Do you want to specifically talk about 6 p.m. >> 6 p.m.? >> Oh, I have to make the motion to adjurnn, too. >> You said so moved. You've made the motion. >> I'll make a motion to adjurnn until August 7th at 6 p.m. >> Thank you, Commissioner. >> Thank you. >> Commissioner Robbins with the second. Any discussion on adjournment? >> No. >> All right. All in favor? I >> I. Any opposed? Rejourned at 7:33.