Planning Commission - 07/25/1994 " APPROVED MINUTES
EDEN PRAIRIE PLANNING COMIVIISSION
July 25, 1994
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: Michael D. Franzen, Senior Planner; Donald R.
Uram, Planner; Linda Bahley, Recording
Secretary
I. PLEDGE OF ALLEGIANCE-ROLL CALL
The meeting was called to order at 7:00 p.m. by Chair Katherine Kardell. Absent
were Tim Bauer and Lisa-Marie Gualtieri; all other members present.
H. APPROVAL OF AGENDA
MOTION: Clinton moved, seconded by Sandstad, to approve the Agenda as
published. Motion carried 6-0-0.
III. MINUTES
MOTION: Schlampp moved, seconded by Clinton to approve the Minutes of the July
11, 1994 meeting. Motion carried 5-0-1 with Sandstad abstaining.
IV. PUBLIC HEARINGS
A. HERITAGE PRESERVATION COMMISSION PRESENTATION
Conrad Skonieczny, representing Heritage Preservation Commission gave the
history of the Commission. He said their purpose is to make recommendations
as to what sites should be safeguarded as historical sites. He told the
Commission when their scheduled meetings are and invited them to attend.
He gave examples of some of the sites that they have made historical sites.
He said they rely on the expertise of the Planning Commission as to which
sites might be historical. They are very happy to use their guidance on these
issues and welcome any questions that they may have.
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Minutes
Planning Commission
July 25, 1994
B. GRANT APPLICATION FOR ACQUISITION OF APPROXIMATELY 22
ACRES OF BLUFF PROPERTY IN SOUTHWEST EDEN PRAIRIE
Franzen stated the memo from Barb Cross of the Parks and Recreation Staff
indicates that the Public Hearing is a requirement of the Grant Application.
The Planning Commission needs to only open the Public Hearing and take
Public Hearing Comment. No discussion is required. This was advertised in
the newspaper and we do not expect anyone to be present.
MOTION 1: Clinton moved, seconded by Sandstad to close the public
hearing. Motion carried 6-0-0.
C. LAKESIDE by K-P Properties, Inc. Request for Zoning District Change
from Rural to R1-13.5 on 11.04 acres and Preliminary Plat of 11.04 acres into
16 single family lots and road right-of-way. Location: Duck Lake Road and
Duck Lake Trail.
Don Peterson, president of K-P Properties, stated the proposed developer of
this project has purchased an agreement with the Roger Estate who is the
owner of the property. The developer is proposing single family homes. He
said there is a wetland in the middle of the property and they did not want to
disrupt it. The initial plan was for 18 lots. After hiring a wetland engineer to
review the project, the delineation showed more wetland than originally
thought. As a result the plan is 16 lots. Their development concept is to
develop the land and resell the lots to individuals or builders. Sometimes they
bring in one, two or three builders into a project. He said they try to
handpick the builders to get the right home. They have been doing this since
1980 and have been very successful at it. All of the lots meet the minimum
street frontage requirement. They weren't aware of full frontage on two sides.
The Staff recommendation is for the developer to apply to the Zoning Board of
Appeals for a variance. If this could be clarified tonight they might not need
to go to the Zoning Board of Appeals on that issue.
Peterson stated that they are cutting their grading requirement down to
conform to the existing land so they can have walk-outs around the cul-de-sac.
They normally wanted a 9 foot lower level rather than the 8 foot because it is
a much nicer look. This requires ten feet from the first floor to the second
floor.
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Planning Commission
July 25, 1994
Clinton was concerned about Lots 4 and 5 being in the wetland. He is also
concerned about the access'of the driveways of the various lots.
Schlampp asked about the size and quantity of trees on the southeast side of
the property. Peterson replied that these are 1 - 3" trees and brush, and much
of this would be saved. Peterson stated this property hasn't been farmed for 8
or 10 years and there are nice oak trees in there that will be saved.
Schlampp asked if they wanted to clear out the brush. Peterson responded,
that's correct.
Franzen stated that although variances are requested from City code for street
frontage and Shoreland Ordinance lot size and lake frontage, there are reasons
to consider these variances as stated in the Staff Report. The density of 1.45
units per acre is low considering the Guide Plan would allow up to 2.5 units
per acre. The average lot size on the project at 24,500 square feet is
. consistent with surrounding zoning for R1-13.5 and R1-22. Many of the
existing lots on the south and east sides of the lake were developed prior to the
Shoreland Ordinance and do meet current standards. No wetland fill is
proposed on the property and tree loss is calculated at 20 %. For all of these
reasons Staff feels this is a reasonable development proposal for the property.
The Staff recommendation calls for the storm water pretreatment plan.
Sandstad asked if there are any sidewalks planned or needed along Duck Lake
Trail or Duck Lake Road as part of this project. Franzen replied there is no
recommendation from the Park and Recreation Staff for sidewalks in that area.
He has been approached by several residents who came in to take a look at the
plan. They showed a concern about the traffic on Duck Trail and they would
like to see some sidewalks built.
Sandstad asked when the Park Commission will review this project. Franzen
replied the Park Commission will review it after the Planning Commission but
before the City Council meeting.
Wissner asked if the lake is extremely high right now. Peterson replied the
high water level on the lake is pretty high.
Kardell asked if they can build a house on Lot ##5 that is 3,000 square feet.
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Planning Commission
July 25, 1994
She is concerned whether or not it is big enough. Peterson replied that these
buildings are 45 by 60.
Foote asked how far does the driveway have to be off the lot on Lot #5.
Franzen replied the driveway has to be 3 feet off the adjoining lot line.
Kardell questioned how the 20 % tree loss was calculated. Franzen replied
that the 20 % tree loss is determined by evaluating their grading limits.
Sandstad asked if there was any physical delineation proposed for the
conservancy easement. Franzen replied that the Parks Department has plastic
posts that will be required to delineate the easement.
Brandt Johnson, residing at 17000 Duck Lake Trail, stated that he lives across
the street from this project. He is concerned about the drainage, if there is
going to be more water running across the road.
Donna Brown, residing at 17100 Duck Lake Trail, expressed concern about
the tree loss.
Mike Flynn, residing at 16980 Duck Lake Trail, stated that he lives across the
street and he doesn't understand the NURP pond issue. Franzen explained
what a NURP pond is. He said they are designed to improve the water quality
in the area.
Katie Rodney, residing at 17060 South Shore Lane, is concerned where all the
heavy equipment is going to be at the time of development. She is concerned
about the traffic and the safety of the children in the area. She is also
concerned with the wildlife in the area. She said neighbors on the lake are
already having water drainage problems in their homes and she's worried if it
is only going to get worse.
Clinton stated that after visiting the site he is concerned with the traffic in the
area and would recommend that they add sidewalks to the requirement for the
project.
Foote also stated that he would like to see sidewalks at Duck Lake Road.
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. Planning Commission
July 25, 1994
Schlampp said he thinks this is a wonderful plan but he is concerned with the
safety of the children in the area. He recommended that the residents in this
meet with the developer and find out what their plans for construction access.
Sandstad said the plan looks good as long as they have some agreement on the
NURP pond or lack thereof. He said he would like to see sidewalks and
visible physical delineation of the conservancy easement.
Kardell stated that she supports conservancy easement and sidewalks if it is
part of a sidewalk system, but not just for this property. Regarding the NURP
pond issue, the plan as proposed is fine, but it would be preferable to pretreat
water on site to improve the water quality of the lake.
Peterson stated that with speaking with the City Engineer, if it's going to go
into Duck Lake they will build a NURP pond. If it's in the existing line, they
will end up with water utility fund contribution.
MOTION 1: Sandstad moved, seconded by Clinton to move to close the
public hearing. Motion carried 6-0-0.
MOTION 2: Sandstad moved, seconded by Clinton to move to the City
Council approval of the request of K-P Properties, Inc. for Zoning District
Change from Rural to R1-13.5 on 11.04 acres based on plans dated July 22,
1994 and subject to the recommendations of the Staff Report dated July 22,
1994 with the following amendments: 1. A sidewalk along Duck Lake Road
along the east side of the roadway including lake shore. 2. Visible
conservancy easement indicators placed on the properties. Motion carried 6-
0-0.
MOTION 3: Sandstad moved, seconded by Clinton to move to recommend to
the City Council approval of the request of K-P Properties, Inc. for
Preliminary Plat of 11.04 acres into 18 lots based on plans dated July 22, 1994
and subject to the recommendations of the Staff Report dated July 22, 1994 as
amended previously.
D. JOE AND ARLENE JULLIE ADDITION by Joe Jullie. Request for
Preliminary Plat of 1.66 acres into 3 lots. Location 17041 and 17061 Prairie
Lane.
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July 25, 1994
Joe Jullie, 17041 and 17061 Prairie Lane, stated he built his home in 1979 and
has lived there for the last 15 years. Recently he purchased the lot adjoining
his lot and with the two lots he has an oversized lot subdivided into 3 lots.
His intent is to develop and remodel the existing home he purchased by adding
a two car garage, a deck and relandscaping the lot. After this he will put it up
for sale. They will then build on the new lot. The house they are proposing
is being designed by an architect. Its design is to fit in with the existing
neighborhood. There are four pine trees that he planted 15 years ago and he
plans to relocate them to different parts of the lot in order to facilitate being
contracted with Bachman's to do the landscaping.
Wissner asked if the other house was empty. Jullie stated yes, that he owns it.
Foote asked if the power poles are going to be relocated. Jullie replied they
will be put underground.
Eric Schneider, City Staff, stated this plan meets City Code requirements.
• The side of the house will be graded so the water will drain towards the back
of the lot. The existing Lot 27 has a 20 foot drainage easement on the eastern
property line to drain the storm water from Prairie Lane to the culvert in the
back of the lot. The proponent has applied to the City to vacate this drainage
easement so that the house on Lot 2 can be built. In order to maintain
drainage of stormwater from Prairie Lane, Staff recommends that a 15 foot
drainage and utility easement to be dedicated on the westerly property line.
Staff also recommends that the proponent provide a drainage and utility
easement over the rear 30 feet of Lot #2 to accommodate the drainage to the
culvert.
Duane Johnson, 17021 Prairie Lane, said he lives east of where Mr. Jullie is
living now. His concern is having another driveway at that corner. He said
there is a class or school held there and there's always 3 to 5 extra cars at that
corner. He said this is a fire hazard. He is concerned that with another
driveway all the cars will be parked in front of his home.
Sandstad asked who parks there. Jullie replied there are no classes in his
home. He and his wife have a couple of their own businesses and they have
an employee for each business that works in their home and a housekeeper.
They all park their cars there.
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Planning Commission
July 25, 1994
Foote asked if the fire marshal has looked at that proposal. Schneider replied
that the fire marshal did look at it and he did not see any problem in terms of
the access, parking, or an additional hydrant.
Wissner asked if it would be possible to have more parking off the street.
Jullie replied that once the new house is built the two staff workers will
probably work at the other location rather than with them.
Susan Krautsberg, 16861 Prairie Lane, said she is concerned with squeezing
another house on that lot. She said it's an old neighborhood that it would look
funny having a new house built with all the older homes. She said there are
always 5 or 6 cars parked along the curb and is concerned about all this
parking.
Tomoko Kasel, 16921 Prairie Lane, said she is concerned with the cars
parking everyday from Monday through Friday. She is concerned with another
house being put on that lot that they will be too close together.
• Schneider would recommend approval of the preliminary plat subject to the
conditions in the Staff Report. He also stated that when Staff gets complaints
they go through the neighborhood to check them out. They will make sure
parking is not a problem in the area.
Clinton asked where the employees future parking will be. Jullie stated once
the new house is built their offices will be there and that's where they will
park. He said he was completely unaware of his neighbor's complaints about
the parking and he will correct the problem immediately.
Clinton asked if the new home will be compatible with the existing homes in
the area. Mr. Jullie stated the home will be approximately $200,000 for
construction and will be designed to fit in with the existing homes. His
present home is valued at $170,000.
Schlampp stated there is a lot of comment on the cars parking out in the street.
He asked if they park there all day long. Jullie replied no, that they come and
go. He didn't realize this was such a problem due to the fact that no one ever
complained to him. He will have this problem solved this week.
Schlampp suggested that he furnish off street parking for his employees.
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Planning Commission
July 25, 1994
MOTION 1: Wissner moved, seconded by Sandstad to close the public
hearing. Motion carried 6-0-0.
MOTION 2: Wissner moved, seconded by Sandstad to move to recommend
to the City Council approval of the request of Joe Jullie for Preliminary Plat of
1.66 acres into 3 lots based on plans dated July 20, 1994 and subject to the
recommendation of the Staff Report dated July 22, 1994. Motion carried 6-0-
0.
E. CHRIST LUTHERAN CHURCH FELLOWSHIP HALL by Christ Lutheran
Church. Request for Site Plan Review on 2.78 acres and Zoning District
Amendment on 2.78 acres for a 6,705 square foot Fellowship Hall addition.
Location: 16900 Main Street.
Wayne Jeske, architect representing Christ Lutheran Church Fellowship Hall,
presented plans for the church expansion and asked for relief from the
landscaping requirement.
Eric Schneider reviewed the Staff Report stating this is a two story addition
and occupancy is 202 people. The parking code requires one space per 3
people and in this case it would be in new Fellowship Hall. It would need 67
parking spaces. Staff has surveyed the Church in the last couple of weekends
and the Pastor said that the largest service consists of approximately 120
people and 55 spaces appear to be adequate. They will continue to survey and
if parking becomes a problem they will require them to put in additional
parking. There is room on the south and east end of their lot toward Main
Street. The addition does meet the setback requirements for the Zoning
District and it meets the exterior materials. They will be using brown and red
face brick to match the existing building. The proposed two story fellowship
hall will require additional landscaping to soften the transition of land uses
from the Church to the neighboring residences. Thirty-nine caliper inches are
required to be added to the site which is 13 three inch trees. The proponent
has drawn a landscape plan for the 13 new trees which consists of greenspire
lindens and Norway maples distributed mainly in the southern and western
sections of the property. In the attached diagram Staff has recommended that
the new trees be planted on the north side to soften the view of the fellowship
hall's walls. A mixture of 6 foot evergreens and deciduous trees planted in this
section would improve the buffer between land uses and add variety to the
exterior appearance of the fellowship hall.
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Planning Commission
July 25, 1994
Foote asked if the 13 trees is final or can the Commission cut that figure in
half. Franzen replied that this is the standard requirement of City Code.
Sandstad stated that he supports all of Staff's recommendations. He prefers
that the church find some way to take care of the two story buffering with the
amount of tree replacement that has been noted.
Schlampp stated he supports the project. He stated that Norway maples do not
act as buffers. Franzen replied the trees are not a buffer but to soften the view
of the building.
Kardell said she does not advocate changing Code requirements when they are
talking about more than doubling the size of the facility which is in a beautiful
neighborhood. She concurs with the Staff Report.
MOTION 1: Foote moved, seconded by Clinton to close the public hearing.
Motion carried 6-0-0.
• MOTION 2: Foote moved, seconded by Clinton to move to the City Council
approval of the request of Christ Lutheran Church for Site Plan Review based
on plans dated July 21. 1994 and subject to the recommendation of the Staff
Report dated July 22, 1994. Motion carried 6-0-0.
MOTION 3: Foote moved, seconded by Clinton to move to recommend to
the City Council approval of the request of Christ Lutheran Church for Zoning
District Amendment on 2.78 acres based on plans dated July 21, 1994 and
subject to the recommendations of the Staff Report dated July 22, 1994.
Motion carried 6-0-0.
F. Continued from July 11, 1994 meeting:
BEARPATH 4, 5, AND 6TH ADDITIONS AKA/CROSSROADS
ADDITION by William H. and Dorothy A. Gilk. PUD District Amendment
on 463 acres, PUD concept Review on 51 acres, PUD District Review with
waivers on 51 acres, Zoning District Change from Rural to R1-13.5 on 45.73
acres, Zoning District Change from Rural to RM-6.5 on 5.61 acres and
Preliminary Plat of 51 acres into 66 single family lots, 18 multi-family lots
and road right-of-way. Location: Dell Road and Highway 212.
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• Planning Commission
July 25, 1994
Franzen stated that Mr. Bill Gilk telephoned Don Uram this morning and
indicated by phone that he was withdrawing the request from review with the
Planning Commission. Mr. Gilk also indicated to Don that he would be
transmitting by fax an official written request to withdraw the project. We
have not received that written confirmation at this point. Staff would
recommend that the Planning Commission to continue the item until August
8th until we have an official written confirmation of withdrawal from Mr.
Gilk.
MOTION 1: Schlampp moved, seconded by Foot to continue until August
8th. Motion carried 6-0-0.
G. BEARPATH MAINTENANCE BUILDING by Bearpath Corporation.
Request for Site Plan Review on 1.5 acres and Zoning District Amendment in
the Rural Zoning District on 1.5 acres. Location: New Riley Lake Road next
to the Hennepin County Light Rail Corridor.
Franzen reviewed the Staff Report with the Commission. He stated that this is
a site identified by Bearpath as part of the PUD. When the Bearpath Planned
Unit Development Concept was reviewed by the City, this site was proposed
by Bearpath for a golf equipment and maintenance building. The Planning
Commission and the Parks Commission expressed concern about the proximity
to Riley Lake park and recommended that the building be located elsewhere if
it could not be proven that the building and outdoor storage areas could be
completely screened from Riley Lake Road and Riley Lake Park. Barb Cross
from the Park and Recreation Staff and himself met with Jeff Vogelbacher and
requested making plan changes for a larger berm and additional plant materials
to provide better screening of the building. The Parks Commission has
recommended approval of that project subject to the Staff's recommendation
for the berm height and tree plantings.
John Vogelbacher, representing the Bearpath Maintenance Building, stated
there is a major concern for screening. The site plan has been adjusted to
those recommendations. They are setting the building back to save very large
significant trees on the south end of the property. There will be a double
screening effect there. One screening will be a row of berms and the other
one will be the planting of trees.
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Planning Commission
July 25, 1994
Kardell asked if they could coordinate a time when the Planning Commission
could go out and see the site as it would be helpful for them to make a
decision.
Vogelbacher stated that they have security to police the private streets. They
have been given a list of all the Planning Commissioners and Council members
names. He said he wants them to feel welcome to go out and visit the site at
their leisure.
MOTION 1: Wissner moved, seconded by Schlampp to close the public
hearing. Motion carried 6-0-0.
MOTION 2: Wissner moved, seconded by Schlampp to move to recommend
to the City Council approval of the request of Bearpath Corporation for Site
Plan Review based on plans dated July 22, 1994 and subject to the
recommendation of the Staff Report dated July 22, 1994. Motion carried 6-0-
0.
• MOTION 3: Wissner moved, seconded by Schlampp to move to recommend
to the City Council approval of the request of Bearpath Corporation for
Zoning District Amendment based on plans dated July 22, 1994 and subject to
the recommendations of the Staff Report dated July 22, 1994. Motion carried
6-0-0.
V. MEMBERS REPORTS
None
VI CONTINUING BUSINESS
None
VII NEW BUSINESS
Franzen gave a status report on the Hartford project. He took their project planners
out to look at all the projects that have been approved by the Planning Commission to
give them an idea of what is expected of them in terms of the berms, plantings,
colors, building design, screenings and buffering.
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Planning Commission
July 25, 1994
There is a neighborhood meeting on Wednesday night starting at 7:00 and everyone is
welcome to attend.
The Planning Commission was asked to decide whether or not a small, no issue
project could be added on August 22nd agenda. This is going to be a restaurant
conversion of a Mexican restaurant which is called Buca Italian Restaurant. The
Commission directed Staff to inform the developer if the meeting runs late the project
may be continued.
VIII PLANNERS' REPORTS
None
IX. ADJOURNMENT
MOTION: Schlampp moved, seconded by Clinton to adjourn the meeting. Motion
carried 6-0-0.
The meeting was adjourned at 9:30 P.M.
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AGENDA
• EDEN PRAIRIE PLANNING COMMISSION
Monday, July 25, 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: Michael D. Franzen, Senior Planner, Donald R.
Uram, Planner
I. PLEDGE OF ALLEGIANCE -- ROLL CALL
H. APPROVAL OF AGENDA
III. MINUTES
IV. PUBLIC HEARINGS
A. HERITAGE PRESERVATION COMMISSION PRESENTATION
B. GRANT APPLICATION FOR ACQUISITION OF APPROXIMATELY 22
ACRES OF BLUFF PROPERTY IN SOUTHWEST EDEN PRAIRIE
C. LAKESIDE by K-P Properties, Inc. Request for Zoning District Change from
Rural to R1-13.5 on 11.04 acres and Preliminary Plat of 11.04 acres into 16
single family lots and road right-of-way. Location: Duck Lake Road and Duck
Lake Trail.
D. JOE AND ARLENE JULLIE ADDITION by Joe Jullie. Request for
Preliminary Plat of 1.66 acres into 3 lots. Location: 17041 and 17061 Prairie
Lane.
E. CIMST LUTHERAN CHURCH FELLOWSHIP HALL by Christ Lutheran
Church. Request for Site Plan Review on 2.78 acres and Zoning District
Amendment on 2.78 acres for a 6,705 square foot Fellowship Hall addition.
Location: 16900 Main Street.
F. Continued from July 11, 1994 meeting:
BEARPATH 4, 5, AND 6TH ADDITIONS AKA/CROSSROADS ADDITION
by William H. & Dorothy A. Gilk. Request for PUD District Amendment on
463 acres, Pud Concept Review on 51 acres, PUD District Review with waivers
on 51 acres, Zoning District Change from Rural to R1-13.5 on 45.73 acres,
Zoning District Change from Rural to RM-6.5 on 5.61 acres and Preliminary Plat
of 51 acres into 66 single family lots, 18 multi-family lots and road right-of-way.
Location: Dell Road and Highway 212.
G. BEARPATH MAINTENANCE BUILDING by Bearpath Corporation. Request
for Site Plan Review on 1.5 acres and Zoning District Amendment in the Rural
Zoning District on 1.5 acres. Location: New Riley Lake Road next to the
Hennepin County Light Rail Corridor.
V. MEMBERS' REPORTS
VI. CONTINUING BUSINESS
VU. NEW BUSINESS
VHI. PLANNERS' REPORTS
IX. ADJOURNMENT