HomeMy WebLinkAboutPlanning Commission - 04/13/1998 APPROVED MINUTES
CITY OF EDEN PRAIRIE PLANNING COMMISSION
MONDAY,APRIL 13, 1998 7:00 PM, CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Beverly Alexander, Kenneth E. Clinton,
Laurence Dorn, Jr., Randy Foote, Bill
Habicht, Rebecca Lewis, Douglas
Sandstad
STUDENT REPRESENTATIVES: Kyle Halvorson,Adam Hupp
STAFF LIAISON: Scott A. Kipp, Senior Planner, and
Barbara Anderson, City Recorder
MEMBERS ABSENT: Bill Habicht
I. PLEDGE OF ALLEGIANCE-ROLL CALL
Chair Clinton called the meeting to order at 7:00 p.m.
H. APPROVAL OF AGENDA
Clinton noted the agenda should be amended to add the swearing in of the new Planning
Commission members Laurence Dorn, Jr., and Rebecca Lewis.
MOTION: Sandstad moved, seconded by Foote, to approve the Agenda as amended.
Motion carried 6-0.
A. SWEARING IN OF NEW COMMISSIONERS LAURENCE DORN, JR.,
AND REBECCA LEWIS
Kipp administered the Oath of Office to Laurence Dorn, Jr., and Rebecca Lewis
who were officially installed as members of the Planning Commission.
III. APPROVAL OF MINUTES
MOTION: Alexander moved, seconded by Foote to approve the Minutes of March 23,
1998 as submitted. Motion carried 4-0-2. Dorn and Lewis abstained.
IV. PUBLIC HEARINGS
A. WYNSTONE by Jasper Development. Request for Comprehensive Guide Plan
Change from Low Density Residential to Medium Density Residential on 6.95 acres,
Rezoning from R1-22 to R1-13.5 and RM-6.5 on 9.01 acres, Preliminary Plat on 9.01
acres into 31 lots and Site Plan Review on 6.95 acres. Location: 7102, 7126 & 7128
Baker Road.
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April 13, 1998
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Jim Jasper and Larry Harris gave a presentation on the project. Harris noted this project
was not approved in 1997 because the City Council determined there was no compelling
reason to change the guide Plan. The plans have been revised to reflect the changes
requested by the City and the residents of the area and are detailed in the staff report.
The landscape plan has been revised and the site has been redesigned to meet the goal of
the City to have more life cycle housing. The development will be housing for seniors or
people 55 and over and features one level housing and no maintenance exteriors. This
project will meet the goals and desires set forth by the City of Eden Prairie in it's long
range housing plans. There will be a private non-through street for the project. There
will be a good deal of landscaping and the housing will be constructed as townhomes
with only one common wall between each unit. He described the common areas and
noted there will be a Homeowners Association for the maintenance of the property.
Prices of the units will range from$170,000 to about$210,000 per unit.
Harris reviewed the landscape plan and the plantings around the perimeter of the site and
within the site itself. He noted the improvements they have made to this plan from the
previous plan. He noted the project has been redesigned and is being specifically
marketed to meet a specific need identified by the City, and the Planning Commission
must determine if it is appropriate for this site.
Kipp gave the staff report and noted that the total number of units has not changed from
the previous plan. However, staff recommends approval of Alternative I as outlined in
the staff report.
Foote asked about the amount of tree loss and Kipp responded that it is about 57% and
this was similar to the tree loss for the Maple Hill development where the topography
was such that it was difficult to avoid substantial tree loss in order to develop the
property. Dorn asked where the tree loss would occur and Kipp responded it would be
over the entire property. Dorn noted that it appeared they would end up losing most of
the trees on the property whenever it was developed. Clinton asked if the project would
have some identification as a senior housing project. Jim Jasper responded that they
would not specifically designate it as a development for seniors, but their marketing
strategy would be directed towards people in this age group. They have found that when
most of the homeowners are in this age group it tends to discourage younger people from
buying in the same development.
The Public Hearing was opened.
Jim Brandser, 7238 Vervoort Lane, stated he was opposed to the development because
the density has not changed from the previous plan and he felt it would be a detriment to
those homes that are already in the area. He was concerned about the drainage plan and
how it would impact the property to the south. He believed the density proposed was too
high and there was no compelling reason to change the guiding on the property. He was
also concerned about increased traffic from the development.
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April 13, 1998
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John Mallow, Forest Hill road, stated he agreed with Mr.. Brandser that the density was
too high, and was unchanged from the previous proposal. He was concerned about
whether the project would be sold as senior housing and that there were no restrictive
covenants on the property which would guarantee that was how these lots would be sold.
He commented the proposal was a community unto itself and he was opposed to this
because he wanted to see sidewalks connecting their neighborhood with Forest Hills
school so the children do not have to walk along Baker Road to get to the playgrounds
there. He commented he had been told that this was a private development and the city
cannot require the proponent to construct a sidewalk. He felt this was very serious and
there would be children within the new development. These neighborhoods should be
connected to allow access between them. He was concerned about the home that is
adjacent to the site being moved onto Forest Hill Road and not being a part of this
development, and he thought it should be included.
Terry Willmsen, 7265 Vervoort Lane, stated he was concerned about the density which
was too high and the amount of tree loss which would occur on the site. He would prefer
to have single family homes constructed on the site. If the Guide Plan is changed for this
site it will set a precedent for fizrther guide plan changes throughout the City.
Scott Ringhand, 7270 Vervoort Lane, stated he felt the density was too high and he was
told it would be developed as single family housing when he purchased his home. He
was concerned about the substantial amount of tree loss and noted the view would be
buildings instead of trees as it is now. He commented it will take 40 years for the trees to
grow back the way they are now. He was concerned about how the children in his
neighborhood would be adversely impacted by this development.
Wayne Zeien, 7246 Vervoort Lane, was concerned about the landscaping plan which was
not as complete as he would like to see and he wanted to know if it would be changed.
The plan was not that much different from the earlier one. He was concerned about the
drainage and how the development would impact the drainage flow to the south. He was
concerned about how it would be marketed as being for "empty nesters" because there
were no covenants requiring that it be marketed that way. He was also concerned about
the amount of tree loss, he felt the density was too high, and the Guiding was for single
family housing and he felt it should remain that way, and was opposed to changing it.
M. Eshmawy, 8724 Crest Road,Bloomington, submitted a letter noting he was the owner
of the property directly south of the proposed development. He stated he was opposed to
the project because the drainage will go across his lot and ruin his property. He asked the
City of Eden Prairie to re-route the drainage from going across his land. Kipp stated the
proponent will have to work with the property owner to resolve this issue prior to any
permit approval for this project.
Marty Camp, Project Engineer,reviewed the drainage plans as they were of such concern
to the residents. He noted they plan to install a NURP pond in the central portion of the
town house development which will provide water storage and it will be discharged from
this NURP pond at the same rate as the existing runoff. This runoff will flow into the
existing storm drainage system, at the same rate as presently exists on the site.
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April 13, 1998
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Ron Harris, 7262 Vervoort Lane, was concerned about the density of the project, and
noted the trees that would replace the existing trees would be much smaller in size. He
asked what size tree would be used in the landscape replacement process. He was
concerned about children playing in the cul-de-sac and what the impact of this
development would be on their safety. He was concerned about the traffic that would be
generated from this development.
Lyndon Moquist, 13772 Candice Lane, was concerned about the density which was too
high, and noted he built his home there because he had been assured by City officials that
the land adjacent was guided for single family residential. He thought the value of the
townhomes was too little for Eden Prairie and it would adversely impact the adjacent
property values. He was opposed to changing the zoning or the Guide Plan to permit this
development. He noted there were approximately 150-200 townhomes available in Eden
Prairie now, and he did not believe they should be building more when so many were
currently available. He felt the need should revolve around the buyer rather than the
seller.
Foote asked if the proponent had a cross-section which would show the view from the
adjacent properties, and Valerie Rivers, the landscape architect for the project, stated that
the trees they intend to use for the project would be ten feet tall when planted and they
were guaranteed for a year, or they would have to be replaced. They will use 2.5-3"
caliper shade trees, and it will be screened significantly more than the previous plan.
There will be the grade change to break up the view.
Sandstad commented he was concerned about how much flexibility in the design there
was as they often pass things as they are presented. He was also concerned about the
density and the buffering and the amount of screening around the project, as well as the
drainage onto an adjacent property. He commented the average home valuation in Eden
Prairie was not $300,000 to $400,000, but concurred that diversity in housing types was
desired in Eden Prairie.
Foote stated he felt the project was needed but the density was rather high. If one unit
were removed it would not change the view from the west much and it would bring the
density down. Even single family residential development would be visible from the
adjacent properties. He was not comfortable with the drainage plan. The premise could
work but the plan needs to be reworked.
Alexander commented the City needs more senior housing but it was not specified that
this development would be senior housing. She felt the density was rather high, and she
was concerned about the drainage onto an adjacent property.
Dorn commented that the City could not specify a certain type of housing or enforce
covenants to that effect. The developer can build a project that the younger people of
Eden Prairie want to buy if he so desires. He asked about the house on top of the hill and
how much of the hill would be removed. The Engineer reviewed the existing topography
on the site and noted that it flows from north to south and the existing high point on the
south part is at the 908 elevation. The foundations for the garages will be at about the
902 elevation. They will take off about ten feet on the north and about five feet on the
PLANNING COMMISSION MINUTES
April 13, 1998
Page 5
southern portion of the site. Dorn inquired if the proponents intended to secure an
easement for drainage over the property to the south, and the engineer responded that the
existing storm system along Baker Road flows into catch basins along Baker Road and
St. Andrews Road. They will be required to discharge drainage from the NURP pond at
the predetermined rate of not more than goes out now. Discussion ensued regarding the
needed easement for the existing storm sewer system as well as the proponent's drainage
plan. Jasper stated that water is being discharged onto private property without benefit of
an easement and they have been required to resolve this problem with M. Eshmawy.
Lewis commented she concurred there was a need for senior housing in the City but was
concerned about this development being used for that purpose. She was also concerned
about the drainage issue as well as the density. Kipp noted staff checked with the City
Attorney regarding the issue of requiring the developer to declare the property as a senior
housing project and had been advised that to do this would not violate any civil right the
developer has as age was not held to be a discriminating element in the area of housing.
Sandstad commented he was not concerned about this project being purchased by other
people and he did not want to get into requiring them to sell to a particular market. He
believed that the type of housing built would determine who would buy it. Jasper
concurred with Sandstad and noted the developer of a project does things required by the
City that will appeal to a certain type of homeowner. He did not want to have a
requirement put on an approval that would limit the product to a certain type of
homeowner.
Jasper discussed the issue of the density and commented that in order to provide
affordable housing for this age group, it was necessary to construct the units at a level
that made it possible for the development to succeed. If the Planning Commission felt
the density was too great for the site then there was no point in discussing it further. This
housing was meant to allow people 55 and older that want to scale down to have some
affordable housing that is in the vicinity of where they presently reside. They believe the
landscaping plan is excellent and he did not know what more the City could want,. He
noted the drainage issue can be resolved, and they are willing to consider changes.
MOTION: Sandstad moved, seconded by Foote, to continue the Public Hearing for 30
days to allow the proponent to resolve the issues of density, to provide cross sections of
the views from adjacent properties from the south, west, and north, and resolve the
drainage issue with the property owner to the south. The issue of pedestrian safety
should be reviewed, and the proponent should consider connecting sidewalks to Candice
Lane. Motion carried 6-0.
Sandstad commented there are at least four parties involved in the drainage issue, and it
might take longer than 30 days to resolve it.
B. SETTLERS RIDGE by Settlers Ridge Limited Partnership. Request for
Comprehensive Guide Plan Change from Low Density Residential to Medium Density
Residential on 6.2 acres, Planned Unit Development Concept Review on 112 acres,
Planned Unit Development District Review on 112 acres, Rezoning from rural to RM-
PLANNING COMMISSION MINUTES
April 13, 1998
Page 6
6.5, R1-9.5 and R1-13.5 on 112 acres, Site Plan Review on 5 acres and Preliminary Plat
on 112 acres into 227 lots. Location: South of Pioneer Trail and west of Riley Creek.
Dan Herbst, Westwood Planning and Engineering, introduced Dwight Jellie, the project
planner and Mark Anderson from Lundgren Bros. Herbst reviewed the plan noting they
have now added the Vogel and Dorenkemper properties. He noted the plan will include
single family homes and town homes. He described the traffic circulation pattern
throughout the development. He discussed the housing types, topography, drainage plan
and ponding which will occur on the site. He noted they have proposed to have cul-de-
sacs within the development with only one access to Pioneer Trail. There will be a
homeowners association and a trail to the Richard Anderson conservation area which will
be connected to the City trail system. The density of this project has not increased
significantly, and he noted that cultural resources within the development are being
protected. They are preserving the architectural features from the past, hence the name
"Settlers Ridge".
Sandstad commented he was concerned about the traffic circulation both within the site
and also on Pioneer Trail, and he asked if it would be possible to change the shape of the
cul-de-sac so that it would run into the corner of the Wier property. Herbst responded
they cannot control when that property will develop and they have satisfied the concerns
expressed by the City Engineering Department regarding traffic circulation on the site.
They are trying to create individual neighborhoods within the development, which seems
to be what people want. Sandstad stated that 90% of the traffic will gain access from
Pioneer Trail and he felt that it would be better to have a little more of the traffic go
through a possible connection through the Wier property in the future. He commented
there were a lot of houses on one drive.
Herbst showed the graphic depicting the entrance monument and described the berming
and landscaping which will be used at the entrance along Pioneer Trail.
Kipp gave the staff report and reviewed the changes to the plan from the original
submittal. Staff recommended approval of the project subject to the stipulations listed in
the staff report. Staff is also requesting that the proponent connect Street H to Street B to
improve traffic circulation within the site.
Sandstad asked about a conservation easement along the bluff line. Kipp responded it
will be reviewed by the Park Commission and these issues will be addressed at that time.
The conservation easement is usually made at the top of the bluff. Sandstad inquired how
the easement over the Williams Pipeline that runs between the two housing types will be
treated. Herbst responded it is a flat area now but Williams has such strict regulations
regarding what can be done on it, it is doubtful they can do much in the way of alteration.
Herbst stated there are no variances requested for the bluff lots and they want to be sure
they can put the houses on the lots and they asked for this to be considered. They are also
opposed to making the street connections recommended by staff because they believe it
will create a disruptive traffic flow within the development.
PLANNING COMMISSION MINUTES
April 13, 1998
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Foote asked if warning sirens were available in this area and Kipp responded it was not
something he knew but would check with the Police Department. A resident commented
there was a siren located at Dell Road and Pioneer Trail.
The Public Hearing was opened.
Paul Offerman, 9614 Westwood Terrace, asked if the setback from the creek was still
150' and Kipp responded single family housing can be within 100 feet and they cannot go
onto the bluff area.
Lynette Wheelock, 9576 Crestwood Terrace, stated she was concerned about the
development being within the vicinity of the creek. Herbst stated they have given this
area adjacent to the creek to the City and the townhouses are not in the outlot of the creek
and it will not be impacted. Wheelock asked why the single family housing was not
located on the creek side of the development and Herbst responded that it would not be
possible to do that as they cannot construct on grade in that area and the single family
homes would not be constructed at that depth. Wheelock was concerned about the traffic
on Pioneer Trail and asked about an upgrade in the future. Herbst responded they are
dedicating the right-of-way for an upgrade to Pioneer Trail which would be done by the
County. Wheelock asked about the staging of the project and Herbst responded that
sewer and water will be put in by August of 1998. Wheelock asked about tree loss and
Herbst reviewed the landscape plan and noted the erosion control measures that will be
taken during construction. Wheelock commented she owned one of the 5 acre parcels
and was opposed to having any high density housing constructed in this area of Eden
prairie.
John Zatoni, 9576 Crestwood Terrace, stated the traffic on Pioneer Trail is bad now and
he was very concerned about what it was going to be like when this development was
completed. He noted the hill in this area makes it extremely difficult and during bad
weather it will be very hazardous at this intersection. He asked how they were going to
deal with the curve when the road was upgraded and Herbst responded they do not have
the plan together yet but will deal with that at the time that Pioneer Trail is upgraded.
Zatoni was concerned about the view from his property towards the townhomes and the
density and felt it would cause problems in the future.
Lewis asked what the height of the town houses would be and Herbst responded that they
will be both one and two story town homes in order to give people a mix of housing types
to choose from.
Thomas Wier asked if Herbst could change the roadway to go into his property and
Herbst responded they could do that but they have tried to create separate neighborhoods
within this development. Wier discussed the potential alternative access points which
could be gained by incorporating a portion of his property into this development.
Greg Halvorson commented he lives on the shore of Lake Riley, and traffic is very bad
on Pioneer Trail at present and he did not see how it would be improved by this
development, but rather would incur serious problems in the future. Alexander asked if
the developer could put the two story town houses further west to
PLANNING COMMISSION MINUTES
April 13, 1998
Page 8
lessen the impact on the adjacent property owners. Herbst responded they will look at
that but they need to be careful of the bluffs also.
Dorn asked about the location of the Indian mounds and the other issues that were
discussed from the previous plan and if that was going to require revision of the plan.
Herbst responded they have hired Christina Harrison who will determine if there are
really burial mounds on the site and if it turns out that there are burial mounds they have
a backup plan. They will have this resolved prior to final plat approval.
Foote commented he liked the plan and the layout. He commented the roads could not be
changed because the Wier property was not developed or included in the project. He
thought connecting Road H to Road B would improve the internal circulation somewhat.
Sandstad stated he liked the plan and the location of the town houses along the creek. He
thought multi-story town houses would be fine along the creek and he supported the plan
with the road connections recommended by staff. Lewis concurred and commented she
felt they did a good job of preserving the natural resources within the site. Clinton
commented he also liked the concept and with 112 acres in the plan they will know what
it will look like when it is completed.
MOTION: Foote moved, seconded by Alexander to close the Public hearing. Motion
carried 6-0.
MOTION: Foote moved, seconded by Alexander to recommended to the City Council
approval of the request of Settlers Ridge Limited Partnership for Comprehensive guide
Plan Change from Low Density Residential to Medium Density Residential on 6.2 acres,
Planned Unit Development concept Review on 112 acres, Planned Unit Development
District Review on 112 acres, Rezoning from rural to RM-6.5, R1-9.5 and R1-13.5 on
112 acres, Site Plan Review on 5 acres and Preliminary Plat on 112 acres into 227 lots
based on plans dated April 10, 1998 and subject to the recommendations of the Staff
Report dated April 10, 1998. Motion carried 6-0.
C. FLYING CLOUD OFFICE BUILDING by Mount Properties. Request for Zoning
District change from C-Hwy to office on 1.26 acres with variances to be reviewed by the
Board of Appeals, Site Plan Review on 1.26 acres and Preliminary Plat of 1.26 acres into
1 lot. Location: 6608 Flying Cloud Drive.
Bob Soffeld and Steve Michaels representing Mount Properties were present. Bob
Soffeld reviewed the plans for the corner of Shady Oak Road and Flying Cloud Drive
with an office building. He showed renderings of the proposed building and discussed
the project. He stated they propose to build an office building for one or two tenants. He
described the materials which will be used on the exterior of the building. There is a
large quantity of landscaping material proposed for the site. He requested approval of the
project.
Sandstad asked if there was any large truck access and Soffeld responded there was no
truck dock with this building and deliveries would be made through the front door.
PLANNING COMMISSION MINUTES
April 13, 1998
Page 9
Clinton asked about the HVAC equipment and Soffeld responded it would be located on
the rooftop and screened from view.
Kipp gave the staff report and discussed the poor soils on the site which necessitate
variances for setbacks. There is an excessive right-of-way on this site and the building
will appear to be farther back than the ordinance requirements.
The Public Hearing was opened.
No one present wished to speak.
Foote commented he thought the developers had proposed an attractive building and he
supported the setback waiver. He felt the building would fit into the area very well.
Alexander asked what would be done with the existing building and Soffeld responded it
would be demolished. Lewis concurred with Foote. Dorn commented he thought it was
a good project, well designed, which would be an asset to the neighborhood. He
commented this was a very complete submission and he wished to commend the
proponents. Clinton concurred with Dorn.
MOTION: Foote moved, seconded by Lewis, to close the Public Hearing. Motion
carried 6-0.
MOTION: Foote moved, seconded by Lewis, to recommend to the City Council
approval of the request of Mount Properties for Zoning District change from C-Hwy to
Office on 1.26 acres with variances to be reviewed by the Board of Appeals, Site Plan
Review on 1.26 acres and Preliminary Plat of 1.26 acres into 1 lot based on plans dated
March 26, 1998 and subject to the recommendations of the Staff Report dated April 10,
1998. Motion carried 6-0.
V. PUBLIC MEETING
VI. MEMBERS REPORTS
VII. CONTINUING BUSINESS
Alexander commented on the letter she received from Mayor Jean Harris regarding the
Vision 2001 meeting with the Commission and noted she will be gone that week. Kipp
suggested she contact Natalie Swaggert in Human Resources to reschedule the meeting.
VIII. NEW BUSINESS
IX. PLANNERS' REPORTS
A. ELECTION OF OFFICERS
Clinton nominated Alexander for the position of Secretary. Sandstad seconded
the nomination.
PLANNING COMMISSION MINUTES
April 13, 1998
Page 10
MOTION: Clinton moved, seconded by Sandstad that Beverly Alexander be
elected Secretary of the Planning Commission. Motion carried 6-0.
Sandstad nominated Habicht for the position of Vice-Chair, noting that if he
objected to serving in that capacity they could reconsider the nomination. Foote
seconded the nomination.
MOTION: Sandstad moved, seconded by Foote, that Bill Habicht be elected to
the position of Vice-Chair of the Planning Commission. Motion carried 6-0.
Alexander nominated Foote for the position of Chair. Clinton seconded the
nomination.
MOTION: Alexander moved, seconded by Clinton, that Randy Foote be elected
to the position of Chair of the Planning Commission. Motion carried 6-0.
MOTION: Sandstad moved, seconded by Foote, to congratulate Ken Clinton for
his service as Chair of the Planning Commission for the past two years, noting he
had done an excellent job of performing those responsibilities. Motion carried
5-0-1. Clinton abstained.
B. 1998 PLANNING COMMISSION HANDBOOK ADOPTION
Kipp noted that the new handbooks for Planning Commission members needed to
be adopted. After a brief discussion, the Planning Commission concluded this
item should be deferred to the next agenda.
MOTION: Sandstad moved, seconded by Foote, to delay action on adoption of
the 1998 version of the Planning Commission Handbook until the next meeting.
Motion carried 6-0.
C. CANCELLATION OF 5/25/98 PLANNING COMMISSION MEETING
Kipp noted that the May 25th Planning Commission meeting had three items
scheduled for it, and inquired if the Planning Commission was interested in
canceling the second meeting in July. It has been traditionally canceled, and after
a brief discussion, the Planning Commissioners concurred that it should be
canceled unless it appeared that the next agenda would become overloaded with
projects. Kipp noted staff would keep the Commission apprised of that situation.
X. ADJOURNMENT
MOTION: Foote moved, seconded by Sandstad to adjourn the meeting. Motion carried
6-0. The meeting adjourned at 10:10 p.m.