Planning Commission - 05/09/1994 MINUTES
EDEN PRAIRIE PLANNING COMMISSION
May 9, 1994
COIMSSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Randy Foote,
Katherine Kardell, Douglas Sandstad, Edward
Schlampp, Mary Jane Wissner
STUDENT REPRESENTATIVE: Lisa-Marie Gualtieri
STAFF MEMBERS: Michael D. Franzen, Senior Planner; Eric
Schneider, Intern; Jean Johnson, Zoning
Administrator
I. PLEDGE OF ALLEGIANCE -- ROLL CALL
The meeting was called to order at 7:00 p.m. by Chair Katherine Kardell. All
members were present.
H. APPROVAL OF AGENDA
MOTION: Clinton moved, seconded by Bauer, to approve the Agenda as published.
Motion carried 7-0-0.
M. MINUTES
MOTION 1: Schlampp moved, seconded by Clinton, to approve the Minutes of the
April 11, 1994 meeting with the following correction: under Pioneer Trails, Motion
#1, first paragraph, delete "and the color issue is not in the Commission's realm,"
and add the following: "developer was requested to have the color scheme settled
before review by the City Council." Motion carried 6-0-1 with Bauer abstaining.
W. PUBLIC HEARINGS
A. GALARNEAU/SHADY OAK BUSINESS CENTER by Intersection Detroit
Diesel. Request for Zoning District Change from Rural to Office on 7.42
acres, Rural to Neighborhood Commercial on 3.74 acres, Planned Unit
Development Concept Review on 18.4 acres. Planned Unit Development
District Review on 18.4 acres, Preliminary Plat of 18.4 acres into 7 lots and 1
outlot and Site Plan Review on 18.4 acres. Location: Old Shady Oak Road
• and Rowland Park.
• Planning Commission Minutes 2 May 9, 1994
John Uban, representing the proponent, explained the controls for the general
appearance, size and configuration of the buildings. He said they may come in
with a different color but it is all to be brick and meet the general standard
that the neighborhood found agreeable. He showed the changes being made
for access to the site and the increase in landscaping.
Franzen highlighted several points including the waiver requested for lot size
less than two acres in a Neighborhood Commercial District, noting that almost
all similar developements in the City had been granted such waivers. He also
explained that the necessary pretreatment ponds had been included in the
revised plans. Franzen then presented the petition from residents on Cherokee
Trail regarding the potential for cut-through traffic and called attention to the
fact that the Engineering Department had prepared a memo regarding
alternatives to handle this situation.
Clinton requested examples of projects around of less than two acres and asked
for comparisons. Franzen gave a few examples, such as; a Tom Thumb and a
day-care center at Highway #101 and Dell Road and a PDQ at Chestnut Drive
and Anderson Lakes Parkway.
Schlampp asked about drainage on the property. Uban explained the drainage
plans, clarifying that a NURP pond would be constructed as part of the storm
water drainage system. Franzen discussed the recent City Council action that
now requires all storm drainage to be pretreated, not discharged directly into
the storm sewer.
Kardell questioned if the tree loss in the present proposal would be the same as
in the previous proposal. Franzen said that it was.
Kardell asked if the reduction of the number of trips for the commercial site
was a result of the reduction of square footage. Franzen said that it was,
pointing out that general retail and fast food restaurant uses are the higher
generators of traffic, even higher than office.
Steve Yungner, 6549 Cherokee Trail West, expressed concern about the safety
of the neighborhood children as a result of possible traffic on Cherokee Trail
West once City West Parkway is extended. He recommended making
Cherokee Trail a cul-de-sac where it meets Old Shady Oak Road, or making
Cherokee Trail West a one-way street with no access from Old Shady Oak
Road. He also suggested a sidewalk along Old Shady Oak.
• Kardell asked if he was aware of the proposal that was attached to the packet
from Al Gray, the engineer. Yungner stated he just saw that tonight, that he is
Planning Commission Minutes 3 May 9, 1994
happy that they acknowledged their concern and appreciates the fact that they
are going to monitor that situation. He said their position would be to see
something done on the front end rather than on the back end of the planning
process.
Clinton asked Yungner if people were driving through as a result of the
changed status of Rowland Road. Yungner stated there were still some
problems.
Sandstad asked Franzen if the Staff Report already recommended that the
Engineering Department memorandum of May 6th be followed if this group
recommends approval. Franzen said the Staff Report did not make a
requirement, but that it would be no problem add it as a condition of approval.
Bauer stated he agreed with Sandstad for this issue on a cul-de-sac or a dead-
end street to reduce or eliminate traffic. He suggested hiring traffic
consultants and believed that it would be a different situation than with
Rowland Road. He thought it was a good idea to monitor the situation closely
and that, if the recommendations were followed, he would be comfortable with
the proposal.
Foote said he supports the project, that he's a little hesistant to disregard a
traffic issue. He said he has a road somewhat similar next to his house. They
put up signs stating "no through traffic" but it didn't stop people from driving
through. He would like to see a physical barrier. He did not believe a one-
way street would work because people could go the wrong way and it would
be even worse. He said he would support the project but he would like to
research the traffic issue.
Kardell asked Foote if he was comfortable with Al Gray's suggestions. He
stated he was out there Saturday and can see that once this road goes through
it's going to be a straight shot to Bryant Lake Park.
Wissner said she felt signage would help the community on this issue.
Clinton said he supported the project, that he too, would like to have a traffic
study. He said that what Al Gray was recommending was encouraging and
that he would support that addition to the recommendations of approval.
Clinton said he had driven the road to see what the consequences would be.
He stated he could see difficulties for people pulling a boat up that hill
intending to access Bryant Lake and that he believed signage to direct the
problem would be appropriate.
• Planning Commission Minutes 4 May 9, 1994
Schlamp stated he supports the project. He said he was content that the
Engineering Department was preparing a traffic study and believed that they
would provide adequate answers.
Kardell said she would support the project. She said she shared Bauer's
concerns about the problems with through streets in trying to encourage the
traffic flow that's unresponsive to all the people using all the facilities in this
particular area of traffic. She said she agreed with Engineering Deparment's
approach.
MOTION 1: Moved by Bauer, seconded by Clinton to close the public
hearing. Motion carried 7-0-0.
MOTION 2: Moved by Bauer, seconded by Clinton to recommend to the
City Council approval of the request of Intersection Detroit Diesel for Zoning
District Change from Rural to Office on 7.42 acres, Rural to Neighborhood
Commercial on 3.74 acres, Planned Unit Develpment Concept Review on 18.4
acres, Planned Unit Development District Review on 18.4 acres, Preliminary
Plat of 18.4 acres into 7 lots and 1 outlot and Site Plan Review on 18.4 acres
based on plans dated May 6, 1994 and subject to the recommendations of the
Staff Report dated May 6, 1994 and subject to the Staff Report of the
Engineering Department regarding traffic dated May 6, 1994. Motion carried
7-0-0.
B. CREEKVIEW ACRES 1ST ADDITION by Nedal Y. Abul-Hajj. Request
for Zoning District Change from Rural to R1-13.5 and Preliminary Plat of
3.46 acres into 7 single family lots. Location: 12675 Sunnybrook Road.
Eric Schneider, Planning Intern, reviewed the Staff Report on this item with
the Commission. Franzen stated this was a project that met City requirements,
had no variances, and was similar to the Purgatory Creek project except there
was not any wetland area involved. He discussed concerns in the Staff Report
including grading. He pointed out that there was an existing house at the
bottom of the slope in the area now designated as a Conservancy Zone of
Purgatory Creek; however, the house existed in this location before there even
was a Conservancy Zone. The developer would like to take that house down
and build a house at a higher elevation.
He explained that they were concerned about the width and depth of the house.
From practical experience, homes were tending to to be wider and deeper.
They're concerned about having too narrow a building pad. The difference
was that there would be a 100 foot setback to the creek which will be a natural
area, limiting them to a 45 foot building depth. They were suggesting to the
Planning Commission Minutes 5 May 9, 1994
future homeowners that a small level area behind the house be set up to
steepen the natural slopes, and have some retaining walls set up for
stabilization. Perhaps the most important point would be to make sure the
water drained to the side of the retaining walls, not at the top, because with
heavy rainfalls, the retaining walls fail.
Staff called attention to a letter from John Frank noting his concerns about a
temporary cul-de-sac. This was similar to the Victoria Lane neighborhood
where we had the residents come and talk about replacing the sod, fixing up
the driveway, and making a standard city cul-de-sac. It was suggested by
Staff that this requirement be incorporated into a developer's agreement to
make sure that the adjoining owners are pleased with how the cul-de-sac
turned out. Before the Council's review, there were several items to be
completed, including a grading plan for Lot 1, a tree replacement plan for 8
caliper inches, and provision of a plan with a five-foot wide concrete sidewalk
along Sunnybrook Road.
Jerry Warsol 12645 Sunnybrook Road, expressed concern about the safety
relating to having three drive-ways leading out to that road, which has been a
• through street. With the homes on Sunnybrook, specifically in the area of the
crest of the hill and also for Lots 6 and 7, he was concerned about the number
of driveways onto the road and suggested a single community drive-way for
several lots. He said his other safety concern was that there was no sidewalk.
Schneider stated that a sidewalk was part of the plan.
Kardell asked if the plan is to develop this sidewalk, that it's facing along that
way. Schneider said there will be a sidewalk along Lots 6 and 7 on
Sunnybrook Road.
Franzen suggested the possibility of changes in the common lot line for Lots 3
and 5 to be placed a little differently, moving that drive-way further to the
south because having that access further to the south would be more helpful.
Kardell supported the plan, emphasizing that the developer should work on
resituating that one particular house on the slope in the Conservancy Zone.
MOTION 1: Wissner moved, seconded by Bauer to close the public hearing.
Motion carried 7-0-0.
MOTION 2: Wissner moved, seconded by Bauer to recommend to the City
• Council approval of the request of Nedal Y. Abul-Hajj for Zoning District
Change from Rural to R1-13.5 based on plans dated May 6, 1994, and subject
Planning Commission Minutes 6 May 9, 1994
to the recommendations of the Staff Report dated May 6, 1994, in addition to
working with the changes of house on Lot 5. Motion carried 7-0-0.
MOTION 3: Wissner moved, seconded by Bauer to recommend to the City
Council approval of the request of Nedal Y. Abul-HaJ for Preliminary Plat of
3.46 acres based on plans dated May 6, 1994, and subject to the
recommendation of the Staff Report dated May 6, 1994, with the same
condition as the previous motion. Motion carried 7-0-0.
C. RESURRECTION LIFE MINISTRIES by Resurrection Life Ministries.
Request for Comprehensive Guide Plan Change from Community Commercial
to Public on 2.8 acres and Rezoning from Community Commercial to Church
on 2.8 acres. Location: 16397 Cadillac Drive.
Schneider gave a history of the church. He proposed the removal of one wall
sign from the building. He also said a sideyard structure setback variance
from 50 feet to 31 feet, and a front yard parking setback variance from 50 feet
to 35 feet would be needed in order for the building to comply with the Public
Zoning District.
• Franzen stated that the funeral home is not opposed to a church being at that
site. The representatives of the Resurrection Life Ministries stated that they
hoped the Planning Commission approve the change.
Clinton asked about the hours of the church. William Prederich stated there
are Sunday morning services, and maybe once or twice a month Sunday
evening hours from 7 to 9 p.m. and Wednesday evenings from 7 to 9 p.m..
There was also a Monday night ministry training school with about 25
students.
There were no other comments from the audience.
MOTION 1: Moved by Sandstad, seconded by Foote to close the public
hearing. Motion carried 7-0-0.
MOTION 2: Moved by Sandstad, seconded by Foote to recommend to the
City Council approval of the request of Resurrection Life Ministries for
Comprehensive Guide Plan Change from Community Commercial to Public on
2.8 acres based on plans dated May 6, 1994, and subject to the
recommendations of the Staff Report of May 6, 1994. Motion carried 7-0-0.
MOTION 3: Moved by Sandstad, seconded by Wissner to recommend to the
City Council approval of the request of Resurrection Life Ministries for
Planning Commission Minutes 9 May 9, 1994
C. Agenda Items for Joint Planning Commission - City Council Meeting on
May 17th at 6:15 p.m.
Bauer stated that he wished to discuss at the meeting why they don't have a
policy statement on cul-de-sacs vs. through streets. This is such a tough issue
on residential projects.
The Commissioners held a brief discussion and listed various items to be
discussed, such as: tree loss, the housing issue, the wetland issue, traffic
signals, transportation issues.
VIII. PLANNERS REPORTS
IX. ADJOURNMENT
MOTION: Wissner moved, seconded by Bauer to adjourn the meeting. Motion
carried 7-0-0 The meeting was adjourned at 9:45.
Planning Commission Minutes 7 May 9, 1994
Rezoning from Community Commercial to Public on 2.8 acres based on plans
dated May 6, 1994. Motion carried 7-0-0.
V. MEMBERS REPORTS
A. Social Services Committee
Kardell stated that Social Services had not met yet but that they were
scheduled to begin meeting on Thursday.
B. Voting Status of Youth Member
Sandstad had a question whether their youth member, who has contributed to
this group, could have a voting privilege in the future. Franzen replied he
would check into that privilege.
VI. CONTINUING BUSINESS
VIE . NEW BUSINESS
A. Amendment to Sign Code-Offsite Directional Signs
Jean Johnson, Zoning Administrator, briefly discussed issues regarding off-site
directional signs on private and or public property, such as, sandwich style
signs versus a style which you stick in the ground.
Johnson stated that the Planning Commission had to determine if directional
signs were a problem in the Community and then determine what option they
would like to recommend to the City Council to take action on.
She stated the options presented in the Staff Report: to keep the City Code the
way it is, but increase enforcement by City Staff; modify the City Code to
allow for special events and signs on private property during certain hours, but
would require additional City Staff for enforcement; modify the City Code to
allow signs in right-of-way and on private property with or without permits at
different times with additional City Staff needed.
She also stated that the City Council had been discussing the sign issue for
some time now and is supportive of Option #4 of the Staff Report for which a
draft ordinance has been prepared.
• The Commissioners discussed the use of garage sale signs such as what days
of the week they are to be used, what time of the day, getting permission of
Planning Commission Minutes 8 May 9, 1994
the homeowners to put up the signs on their property, when and who is going
to take down the signs.
Doug McNamara, representing both Mason Homes and the Builders
Association, stated that these are temporary signs only on the weekend and no
other time of the week. He said there is no placement in the right-of-way, no
placement without permission.
Schlamp had concerns about real estate signs for open houses all situated on
one corner versus the little person having a garage sale with signs put up. He
felt the ordinance should be a little more fine tuned.
Kardell commented about Option #2, that the way the ordinance stands now,
technically, you are not supposed to have any signs at all. McNamara
disagreed stating that at least they are allowing people to place signs where
before it was a big deal.
Foote agreed that they should allow some garage sale signs in rights-of-way.
• McNamara stated that most of these have the garage zone signs now.
Molly Vollmer, representing the Builders Association, said she finds the
ordinances all acceptable and is very pleased about it.
Bill Gerst, representing the Minneapolis Area Realtors Association, said he
works with the builders and also is in support of particular ordinance. He said
it's important to have open house signs.
MOTION: Wissner moved, seconded by Sandstad, to recommend to the City
Council approval of the draft ordinance for off-site directional signs, with the
exception of Section 6 regarding regulation of garage sale signs. Motion
carried 7-0-0.
B. Park Bond Referendum Video
Barbara Cross, Park Planner, handed out the Eden Prairie Natural Resources
Study Committee's recommendation for a Referendum, read it to the Planning
Commission and then showed the video.
The Commissioners had a brief discussion and all commented on the beauty
and the importance of the preservation of Riley Creek Big Woods and the
. Charlson Property.
AGENDA
EDEN PRAIRIE PLANNING COMMISSION
Monday, May 9, 1994
7:00 p.m.
COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Randy Foote,
Katherine Kardell, Douglas Sandstad, Edward
Schlampp, Mary Jane Wissner
STUDENT REPRESENTATIVE: Lisa-Marie Gualtieri
STAFF MEMBERS: Chris Enger, Director of Community Development;
Michael D. Franzen, Senior Planner; Donald Uram,
Planner
I. PLEDGE OF ALLEGIANCE -- ROLL CALL
H. APPROVAL OF AGENDA
III. MINUTES
IV. PUBLIC BEARINGS
A. GALARNEAU/SHADY OAK BUSINESS CENTER by Intersection Detroit Diesel. Request
for Zoning District Change from Rural to Office on 7.42 acres, Rural to Neighborhood
Commercial on 3.74 acres, Planned Unit Development Concept Review on 18.4 acres, Planned
Unit Development District Review on 18.4 acres, Preliminary Plat of 18.4 acres into 7 lots and
1 outlot and Site Plan Review on 18.4 acres. Location: Old Shady Oak Road and Rowland
Road.
B. CREEKVIEW ACRES 1ST ADDITION by Nedal Y. Abulhass. Request for Zoning Change
from Rural to R1-13.5 and Preliminary Plat of 3.46 acres into 7 single family lots. Location:
12675 Sunnybrook Road.
C. RESURRECTION LIFE MINISTRIES by Resurrection Life Ministries. Request for
Comprehensive Guide Plan Change from Community Commercial to Public on 2.8 acres and
Rezoning from Community Commercial to Church on 2.8 acres. Location: Off Cadillac Drive.
V. MEMBERS' REPORTS
VI. CONTINUING BUSINESS
VII. NEW BUSINESS
A. Amendment to Sign Code - Offsite Directional Signs.
B. Park Bond Referendum Video
C. Agenda Items for Joint Planning Commission - City Council Meeting on May
17th at 6:15.
VIII. PLANNERS' REPORTS
IX. ADJOURNMENT