Loading...
Planning Commission - 01/11/1993 EDEN PRAIRIE PLANNING COMMISSION APPROVED MINUTES i MONDAY, JANUARY 11, 1993 7:30 PM CITY HALL COUNCEL CHAMBERS 7600 Executive Drive COMMISSION MEMBERS: Tim Bauer, Ken Clinton, Cynthia Clish, Katherine Kardell, Karen Norman, Doug Sandstad, Mary Jane Wissner. STUDENT REPRESENTATIVE: Lisa-Marie Gualtieri STAFF MEMBERS: Mike Franzen, Senior Planner; Don Uram, Planner; Deb Edlund, Recording Secretary ROLL CALL: Clish, Kardell, and Norman absent. I. APPROVAL OF AGENDA MOTION: Bauer moved, seconded by Clinton to approve the Agenda as published. Motion carried 4-0-0. MEMBERS REPORTS Wissner reported that the Subcommittee on Housing had met and would present a formal report at the next meeting. III. MINUTES Wissner questioned the Minutes of the December 14, 1992 Planning Commission meeting related to the comments of John Bushey and commissioners on Page 4 regarding access points. Bauer stated that the minutes were difficult because of the quick interchanges which took place. Bauer asked to have his statement on Page 5 regarding what is binding at meeting restated. Bauer said that he had questioned what statements should or should not be considered binding by the proponent. Bauer noted that at times residents comprehend statements differently than what the commissioners understand the statement to mean. Bauer asked to have this issue more clearly defined for commissioners and residents what can be considered a commitment by the proponent. Franzen stated that the commissioners who were interested could listen to the tape and Staff would also relisten to the tape to clarify questions. Bauer recommended that the Minutes of the December 14, 1992 Planning Commission be tabled • for further review. 1 IV. PUBLIC HEARINGS A. MARKHAM ADDITION by John Markham. Request for rezoning from Rural to R1-13.5 on 22.97 acres and Preliminary Plat of 57.66 acres into 38 lots and 4 outlots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals. Location: South side of W. 62nd Street between Scenic Heights Drive and Highway 101. Don Uram introduced John Markham and Terry Schneider. Schneider presented the plans for the 38 lot and 4 outlot development. This project would be an extension of the Edenbrook Addition. Schneider reviewed the constraints on the east property to be two significant stands of oak trees and the steep grade to Rustic Hills Drive. Schneider noted each house pad was designed so that a lift station would not be necessary. Schneider stated that it was the City's desire to tie Rustic Hills drive into this subdivision and that several road layouts had been reviewed. Retaining walls would be used to help adjust the grade along Rustic Hills Drive. Schneider stated that care would be taken to preserve as many oak trees as possible in this area. Schneider noted that the outlot was not considered a buildable area and would be used for wetland mitigation. As part of the plan, 32 acres of wetlands would be dedicated to the City. Schneider stated that the constraints on the west side of the property related to wetlands, topography, and alignment of the roads in Minnetonka. The homes in Phases I & III would be walkouts; approximately 8 homes in each phase. Phase I would be constructed concurrent with the improvements to County Road 62. A Final Plat for Phase III would not be done for approximately 2 to 3 years. Schneider stated that two neighborhood meetings had been held to address any concerns. Schneider believed that the project would improve the value of this area to Eden Prairie. Uram asked Schneider to address the issue from the Staff Recommendations in question. Schneider replied that Item 2.E in the Staff Recommendations which requested a covenant limiting the building pads to 70 feet was a concern for the developer. He added that Markham would not be building the homes, but that the lots would be sold to individual builders. Schneider asked Staff and the Commission to consider placing a scenic/conservation easement on the lots. Schneider stated that the developer would like flexibility on this item. Sandstad asked how many lots would be affected. Schneider replied 3 lots in Phases I &II and 2 lots in Phase III had been identified at this time. Schneider noted that the proponent would consider other lots if Staff deemed this necessary. Uram reported that the project did have site features which caused constraints for development. Uram stated that access was critical to this proposal. Uram noted that plans had always been in existence to extend Rustic Hills Drive. The 2 cul-de-sacs would not be constructed until County Road 62 was upgraded. Thirty-two acres of wetlands would be dedicated to the City. All appropriate agencies have been contacted. The City had requested that the lift station be eliminated and the developer has accomplished this. The tree loss will be approximately 34%. 2 Staff is recommending that the building pad depth be controlled and added that not all of the lots would require deed restrictions. Uram noted that the City did not want to have to enforce the • deed restrictions and, therefore, it would have to be up to the developer to enforce. A resolution to the deed restriction issue could be accomplished through the Developer's Agreement. Sandstad asked for clarification on the 16 foot strip not included in the plat. Schneider replied that this section would be deeded to the adjacent property owner. Uram noted that the property owner was present in the audience if there were any questions. Uram added that the City did not want ownership of this property. Steve Reed, 17508 Rustic Hills Drive, stated that there were several small children in this neighborhood and parents were concerned about safety with the street being extended. Reed added that he would like to see cul-de-sacs and limited access to the area. Sandstad asked Reed if he knew that this road was always planned to be extended. Reed replied that he did not know and added that residents in this area were spoiled because of the limited access at this time. Richard Nielsen, 17553 Rustic Hills Drive, asked for clarification on the location of the sidewalk. Nielsen was concerned that the sidewalk would be in his front yard. Nielsen stated that he had always known that further development would occur. Uram replied that the sidewalk would be constructed by the City along Rustic Hills Drive and would be on City right-of-way. Uram added that sidewalk and park access would also be discussed at the Park & Recreation Commission meeting and advised Nielsen to attend that meeting also to voice his concern. Jim Kertzman, 6244 Heathbrook Drive, stated that he had known that development would occur. Kertzman believed that the road design presented by the developer would deter thru traffic. He stated that he too had small children and safety was a major concern. Kertzman believed that the developer had presented a beautiful plan which would help in the preservation of the wetlands in the area. David Hoel, 6271 Heathbrook Drive, believed that the developer presented a well thought out plan and had taken the residents concerns into account. Jerry Fagerhaug, 17500 Rustic Hills Drive, believed that the developer had presented a good plan and had listened to the residents concerns. Fagerhaug asked if private access off Rustic Hills Drive could be considered to allow access for fire and rescue. Sandstad asked Fagerhaug what he would consider the benefits for this. Fagerhaug replied that this would reduce the traffic. He stated that there were many small children and just the traffic from the 20 additional homes would add traffic to the area. Fagerhaug stated that he was not concerned about traffic from County Road 62 but the added traffic to Rustic Hills Drive. Marla Einarson, 6285 Heathbrook Drive, stated that her property was adjacent to Phase H of the proposed development. Einarson was concerned about drainage from the development onto her property. She noted that a portion of her property was a wetland. Einarson wanted assurance from the City that the drainage could be handled adequately. Uram replied that he had spoken with Ms. Einarson, the City Engineer, and the developer last week regarding Einarson's concerns. The City was looking into changing the pipe size to 18". Einarson stated that 3 Schneider had stated that he would work with her on this issue; however, she was concerned about the size and location of the culvert. Uram requested that Item 2.A be amended to Read: Submit detailed storm water and erosion control plans along with details of additional work needed to insure adequate drainage for the Einarson property for review and approval by the City Engineer and the Watershed District. Uram noted this would be done before Final Plat approval. Einarson believed that the development would be nice when completed. Tom Borgman, 17540 Rustic Hills Drive, questioned if only the oaks would be saved and the Poplar and Cottonwoods would be taken out. Schneider replied that the Cottonwoods would be removed, 7 to 8 of the smaller oaks would be removed, and approximately 20 of the larger oaks would be preserved. Uram noted that there would be specially designed homes in the wooded areas and the lots would be deed restricted. Borgman stated that the Rustic Hills Drive traffic was already too fast. He noted that the had heard that Cranberry Drive would be a cul-de-sac. Borgman recommended a stop sign to slow traffic. Uram asked what kind of speed was Borgman talking about. Borgman replied up to 40 MPH even up to the dead end. Uram replied that the City tried to stay away from stop signs when possible. Uram added that Staff would direct the Police to address the speed issue. Borgman asked when construction would begin. Schneider replied that if the plan was approved grading would start in the Spring of 1993 in the center knoll area and then would shift to the east. The bulk of the construction would be done in the Spring of 1994. Schneider noted that there should not be any construction traffic on Rustic Hills Drive. John Biehl, 17517 Rustic Hills Drive, stated that his main concern was about the traffic. Biehl said that he had not been aware of all of the constraints on the property prior to this meeting and believed that the developer had proposed a good plan. Biehl asked if there would be any paths proposed in the park area. Uram recommended that Biehl attend the Park & Recreation Commission meeting where this would be discussed in detail. Clinton asked where the traffic would be coming from that all the neighbors were concerned about. Borgman replied that traffic would come from Duck Lake to Rustic Hills Drive to Cranberry. Jim Stan, 17809 West County Road 62, asked if the property were changed from Rural to Residential if his property would be affected. Uram replied no. Stan asked if the pine trees would be lost. Schneider replied yes. Schneider added that the oaks would be saved. Wissner stated that it was refreshing to hear the residents complimentary of a proposal. Wissner questioned the restriction on truck traffic. Uram replied that the construction traffic would be monitored by the City. Wissner asked how this would be done. Uram replied that the City could require the truck company to hire a flag man and the streets would have to be kept clean. Bauer stated that he had never seen so many positive responses for a development proposal. Bauer believed that the road design would limit outside traffic from going on these roads regularly. Bauer recommended that a traffic study be done related to the speed issue. Bauer expressed appreciation for the residents taking the time to come to the meeting to voice their . opinions. Bauer believed that the positive response indicated that the developer had spent time listening and addressing the residents concerns. 4 Clinton concurred with the other commissioners statements and also recommended that a speed study be conducted. • Sandstad believed that the project reflected excellent work on the part of both Staff and the developer. Uram noted that the recommendation for the speed study should be dealt with separately and should not be part of the Staff Recommendations. MOTION 1: Bauer moved, seconded by Clinton to close the public hearing. Motion carried 4-0-0. MOTION 2: Bauer moved, seconded by Clinton to recommend to the City Council approval of the request of John Markham for rezoning from Rural to R1-13.5 on 22.97 acres based on plans dated January 8, 1993, and subject to the recommendations of the Staff Report dated January 8, 1993 with the following additions: Item 2.A should read: Submit detailed storm water and erosion control plans along with details of additional work needed to insure adequate drainage for the Einarson property for review and approval by the City Engineer and the Watershed District. Item 2.E should read: Submit a copy of the covenants and or easements which limit the depths of building pads to 70 feet on those lots deemed significant but not limited to the following; Lots 6, 7, 8 Block 5 and Lots 1, 2, 9, 10 Block 3. Motion carried 4-0-0. MOTION 3: Bauer moved, seconded by Clinton to recommend to the City Council approval of the request of John Markham for Preliminary Plat based on plans dated January 8, 1993, and subject to the recommendations of the Staff Report dated January 8, 1993 with the following additions: Item 2.A should read: Submit detailed storm water and erosion control plans along with details of additional work needed to insure adequate drainage for the Einarson property for review and approval by the City Engineer and the Watershed District. Item 2.E should read: Submit a copy of the covenants and or easements which limit the depths of building pads to 70 feet on those lots deemed significant but not limited to the following; Lots 6, 7, 8 Block 5 and Lots 1, 2, 9, 10 Block 3. Motion carried 4-0-0. MOTION: Bauer moved, seconded by Clinton to recommend Staff to authorize a speed study for Rustic Hills Drive and Cranberry. Motion carried 4-0-0. John Markham thanked the residents, Staff, and the Planning Commission for its support. 5 P Iawniru' Ca-r.M1 ss;on. 1- !l -93 B. BILL KINNEY SUBDIVISION by Bill Kinney. Preliminary Plat of 3.6 acres into 3 single family lots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals. Location: 17650 W. 78th Street. Greg Kopiskey, representing the proponent, stated that the 3.6 acre parcel would be divided into 3 lots. Presently there was an existing home on the site. A private drive over Lots 1 &2 were proposed for access to Lot 3. The right-of-way would be dedicated to George Moran Drive. Variances would be required in accordance with the Shoreland Ordinance. Kopiskey believed that the project met with the spirit of the area with the type of development currently proposed. Franzen reported that if a public road were required this project could not be developed. Staff recommended approval of the project. The proponent would meet with the Board of Appeals. Sandstad asked if there would be fencing or landscaping in this area. Franzen replied that he believed that the homeowners would do something with a privacy fence or landscaping. MOTION 1: Bauer moved, seconded by Clinton to close the public hearing. Motion carried 4-0-0. MOTION 2: Bauer moved, seconded by Clinton to recommend to the City Council approval of the request of Bill Kinney for Preliminary Plat based on plans dated January 8, 1993 and subject to the recommendations of the Staff Report dated January 8, 1993. Motion carried 4-0-0. O. OLD BUSINESS f Review of EAW for Bearpath Residential Community and Golf Course" Franzen reported that an official comment period on the EAW began on January 4, 1993 and would continue until February 3, 1993. Clinton stated that the section on well installation did not seem to have a conclusion. Franzen replied that this section was to determine if the City had an adequate water supply for distribution. He added that water quantity was not a problem in Eden Prairie. Water pressure became a problem because the City had many of the systems deadended. Franzen stated that Bearpath would be completing a major water loop. Sandstad stated that from a wildlife issue it would be important that the fence not exceed 6 feet. Sandstad noted that the report indicated that at 7 feet movement of the deer would be prohibited. Franzen replied that it was questionable if there would be a fence over creek corridor. Franzen stated that he had spoken with the DNR and they did not believe that deer migration would be a problem. Sandstad asked how the archeological sites of Abbott Farm and Riley Creek would be preserved. Franzen replied that a field survey would need to be done. Franzen added that these areas were not part of Phase I and the survey would be completed before Phase II would be ready. Sandstad stated that he • would not be ready to say that this area should be developed until that survey was complete. Sandstad 6 requested that more study be done in these areas. Franzen replied that he would meet with Packer next week. 0 Bauer stated that he was thankful for special interest groups which addressed specific issues as this study was overwhelming. Franzen replied that many of the items in the EAW were now part of engineering standards. Environmental awareness is highly stressed in the report. Franzen noted that the EAW would be approved at the 2nd Reading for the project. VI. NEW BUSINESS A. Selection of Volunteers to Serve on a Natural Resources Inventory Committee Sandstad stated that he would like to volunteer for this committee. Bauer recommended that Sandstad speak with the members missing to see if they were interested. Franzen stated that he would like to submit names to the City Council and requested that Sandstad get back to him with names. B. Request of Eden Prairie Land Trust for Support of the Intent and Purpose of the Trust and the Request that the Commission Designate a Representative to the Board of Directors for a Two- Year Term. Betty McMahon, Chair for Eden Prairie Land Trust, stated that the organization was developed in response to concern for the "Big Woods". The "Big Woods" is not the only natural site needed to be preserved in Eden Prairie. The organization was expanded to include all natural areas. 70 sites were recognized at this time. McMahon believed that this organization needed to work jointly with the City and further that the Land Trust could use the City's expertise. The Land Trust would like City support and was requesting a member from the Planning Commission to serve on the Board for the Land Trust. The member would keep the Planning Commission informed. McMahon stated that the time commitment at this time would only be 1 annual meeting. Sandstad stated that he backed the goals and mission statement 101%. Bauer stated that he would abstain from voting on this due to lack of understanding of who and what is actually involved. Wissner believed that the concept was good. McMahon asked if she could clarify anything for Commissioner Bauer. Bauer replied that this was not a negative vote. Wissner stated that she would not have a problem with having a representative on the Land Trust. • McMahon stated that Maplewood had a group similar to the Land Trust and their criteria would be used as a guideline. She added that Washington County also had an established criteria. 7 Franzen stated that he would talk further with Bob Lambert and take the Commission's comments to the City Council. MOTION: Clinton moved, seconded by Wissner to support the Eden Prairie Land Trust. Motion carried 3-0-1. Bauer abstained. Franzen believed that the Commissioners needed to consider how they could best help preserve the natural amenities. Sandstad asked Franzen if believed there would be a conflict of interest. Franzen replied that it would be a question of degree. McMahon believed that the Planning Commissioners input would be very valuable. Sandstad questioned if a recently retired commissioner might not better serve the Land Trust. McMahon stated they would prefer an active member. Sandstad recommended that the Commissioners think about this issue further and discuss it at the next meeting. Clinton concurred. Gualtieri recommended that the Land Trust contact the Environmental Group at the High School. VIE[. PLANNERS' REPORTS M. ADJOURNMENT MOTION: Clinton moved, seconded by Bauer to adjourn the meeting at 10:00 PM. Motion carried 4-0-0. 8 AGENDA EDEN PRAEM PLANNING CONIlVIISSION Monday, January 11, 1993 7:30 p.m. CONEVIISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Cynthia Clish, Katherine Kardell, Karen Norman, Douglas Sandstad, Mary Jane Wissner STUDENT REPRESENTATIVE: Lisa-Marie Gualtieri STAFF MEMBERS: Chris Enger, Director of Community Development; Michael D. Franzen, Senior Planner; Donald Uram, Planner; Deb Edlund, Recording Secretary Pledge of Allegiance -- Roll Call I. APPROVAL OF AGENDA II. MEMBERS REPORTS M. NEMTES IV. PUBLIC HEARINGS A. MARKHAM ADDITION by John Markham. Request for rezoning from Rural to R1-13.5 on 22.97 acres and Preliminary Plat of 57.66 acres into 38 lots and 4 outlots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals. Location: South side of W. 62nd Street between Scenic Heights Drive and Highway 101. B. BILL KINNEY SUBDIVISION by Bill Kinney. Preliminary Plat of 3.6 acres into 3 single family lots and Zoning Code variances to be reviewed by the Board of Adjustments and Appeals. Location: 17650 W. 78th Street. V. OLD BUSINESS Review of EAW for Bearpath Residential Community and Golf Course VI. NEW BUSINESS A. Selection of Volunteers to Serve on a Natural Resources Inventory Committee B. Request from Eden Prairie Land Trust for Support of the Intent and Purpose of the Trust and Request that the Commission Designate a Representative to the Board of Directors for a Two Year Term. VII. PLANNERS' REPORTS VIII. ADJOURNMENT