Planning Commission - 08/24/1987 AGENDA
EDEN PRAIRIE PLANNING COMMISSION
Monday, August 24, 1987
7:30 p.m.
COMMISSION MEMBERS: Chairman Ed Schuck, Richard Anderson, Julianne Bye,
Christine Dodge, Doug Fell , Robert Hallett, Charles Ruebling
STAFF MEMBERS: Chris Enger, Director of Planning; Michael Franzen, Senior
Planner; Don Uram, Assistant Planner; Ann Kenyon, Recording
Secretary
Pledge of Allegiance--Roll Call
I . APPROVAL OF AGENDA
II. MEMBERS REPORTS
III. MINUTES
IV. DEVELOPMENT PROPOSALS
(7:35) A. FREEBURG-PERKINS SUBDIVISION, by Clayton Freeburg. Request for
Preliminary Plat of 1 .7 acres into 2 single family lots with
variances to be reviewed by the Board of Appeals, and road right-of-
way. A public hearing.
(7:40) B. ROGER'S BODY SHOP, INC. , by Roger L. Lindeman. Request for Zoning
District Change from Rural to I-2 on 1 .68 acres with variances to be
reviewed by the Board of Appeals, and Preliminary Plat of 1.91 acres
into one lot and road right-of-way for construction of an auto body
shop. Location: Highway #169 across from the Hennepin County
Vocational Technical School. A continued public hearing.
(8:10) C. BLUESTEM HILLS 4TH ADDITION, by Brown Land Company. Request for
Planned Unit Development Concept Review on 15.94 acres, Planned Unit
Development District Review on 15.94 acres with variances, Zoning
District Change from Rural to R1-13.5 on 10.57 acres with Shoreland
variance to be reviewed by the Board of Appeals, Zoning District
Amendment within the R1-13.5 District on 5.36 acres, and Preliminary
Plat of 15.94 acres into 27 single family lots, 3 outlots, and road
right-of-way. Location: West of Bennett Place and Bluestem Lane.
A continued public hearing.
V. OLD BUSINESS
VI . NEW BUSINESS
VII. PLANNER'S REPORT
VIII . ADJOURNMENT
• *NOTE: THE TIMES LISTED ABOVE ARE TENTATIVE, AND MAY BE SIGNIFICANTLY EARLIER,
OR LATER, THAN LISTED.
MINUTES
EDEN PRAIRIE, PLANNING CONIIHISSION
Monday, August 24, 1987
City Council Chambers
7:30 p.m.
MEMBERS PRESENT: Chairman Ed Schuck, Richard Anderson, Christine Dodge,
Douglas Fell, Charles Ruebling
MEMBERS ABSENT: Julianne Bye, Robert Hallett
STAFF PRESENT: Michael Franzen, Senior Planner; Don Uram, Assistant
Planner; Ann Kenyon, Recording Secretary
Pledge of Allegiance - Roll Call
I. APPROVAL OF AGENDA
MOTION:
Motion was made and seconded to approve the agenda as printed.
Motion carried 5-0-0
II. MEMBERS REPORTS
None.
III. MINUTES
Motion was made and seconded to approve the minutes of the August
10, 1987 Planning Commission meeting as presented.
Motion carried 3-0-2 (Dodge and Ruebling abstained)
IV. DEVELOPMIINT PROPOSALS
A. FREEBURG-PERKINS SUBDIVISION, by Clayton Freeburg. Request for
Preliminary Plat of 1.7 acres into 2 single family lots with
variances to be reviewed by the Board of Appeals, and road
right-of-way. A public hearing.
The proponent asked that the item be withdrawn from Commission
consideration at this time.
MOTION:
Motion was made by Ruebling, seconded by Fell, to close the public
hearing and return the item to the proponent without prejudice.
Motion carried 5-0-0
Planning Commission Minutes -2- August 24, 1987
B. ROGER'S BODY SHOP, INC., by Roger L. Lindeman. Request for
Zoning District Change from Rural to 1-2 on 1.68 acres with
variances to be reviewed by the Board of Appeals, and
Preliminary Plat of 1.91 acres into one lot and road
right-of-way for construction of an auto body shop. Location:
Highway #169 across from the Hennepin County Vocational
School. A continued public hearing.
Planner Uram introduced Mr. Krueger representing Roger's Body Shop
and explained that this item was continued from the last meeting.
Since that time the developer has met with Staff and the City
Engineer and has made revisions to the plan. Plans for the septic
system have been provided to the Staff and City Engineer. Mr.
Lindeman has contacted Mr. Williams and expressed a desire to work
with him on the storm sewer run-off. They are requesting a variance
for the number of parking places. Since only 10 people will be
employed at the facility, proponent feels 58 parking places would be
adequate.
Chairman Schuck asked about Mr. Hein's property. Planner Uram said
letters were written to Mr. Hein and Mr. Simchuck inviting them to
express their concerns at this meeting.
Chairman Schuck asked for comments from the audience.
Ory Hein, 9135 Flying Cloud Drive, Eden Prairie, expressed his
concern if the city puts a street through his property. He is also
concerned over another body shop coming in after the Clean Sweep
issue. Planner Uram said that the extension of this roadway has
been planned for a long period of time.
Jim Simchuck, 9145 Flying Cloud Drive, Eden Prairie, said he was
opposed to ttie road going in. When the signal was installed, the
city was talking about a 32-foot road; now it is a 38-toot road. He
also expressed concern about the traffic through the intersection.
Mark Finneman, 4175 Lowell Road, Lexington, PSI, an architect
representing the Williams family, expressed concern about the impact
this development will have on the Williams property, especially
storm water run-off. He asked Staff how this problem was going to
be solved.
Planner Uram stated that all of these issues will be addressed in
the feasibility report including the road extension, the storm
sewer and sanitary sewer disposal.
Ruebling asked if Staff agreed with the increased amount of plantings
for screening purposes. Uram said the plans that Staff has reviewed
had a single hedge row of coniferous plantings which is not adequate
based upon passed experience.
Planning Commission Minutes -3- August 24, 1987
Mr Simchuck asked if the Planning Commission will act on the plan
that is presented here tonight. Schuck stated the Planning
Commission will act on the information presented for the revised
plan. The final plan will go to the City Council where it is either
approved or denied.
Mr. Finneman asked at what point do the engineers become involved.
Uram said the engineers have been involved in this project from the
very beginning. Mr. Finneman asked who does the feasibility study.
Uram answered, the Engineer Department or sometimes it is contracted
to an outside firm.
Mr. Hein asked where the water will go when expelled. Franzen
stated the feasibility report will study all details regarding the
storm water runoff, sanitary sewer, the road extension.
Dodge questioned in particular what specific areas the feasibility
study would cover. Franzen stated the study would cover the road
extension and sanitary sewer. He recommended to the Planning
Commission that they suggest to the City Council that the
feasibility study review the storm sewer issue also.
MOTION 1:
Motion was made by Ruebling, seconded by Anderson, to close the
public hearing.
Motion carried 5-0-0.
MOTION 2:
Motion was made by Ruebling, seconded by Anderson, to recommend to
the City Council approval of the request of Roger L. Lindeman for
Zoning District Change from Rural to I-2 on 1.68 acres, with
variances to be reviewed by the Board of Appeals, for Roger's Body
Shop, Inc., based on revised plans dated August 4, 1987, subject to
the recommendations of the Staff Reports dated August 7 and 21, 1987.
Motion carried 5-0-0.
MOTION 3:
Motion was made by Ruebling, seconded by Anderson, to recommend to
the City Council approval of the request of Roger L. Lindeman for
Preliminary Plat of 1.91 acres into one lot and road right-of-way
for construction of Roger's Auto Body Shop, based on revised plans
dated August 19, 1987, subject to the recommendations of the Staff
Reports dated August 7 and 21, 1987.
Motion carried 5-0-0.
Planning Commission Minutes -4- August 24, 1987
C. BLUESTEM HILTS 4TH ADDITION, by Brown Land Company. Request
for Planned Unit Deve opment Concept Review on 15.94 acres,
Planned Unit Development District Review on 15.94 acres with
variances, Zoning District Change from Rural to R1-13.5 on
10.57 acres with Shoreland variance to be reviewed by the Board
of Appeals, Zoning District Amendment within the R1-13.5
District on 5.36 acres, and Preliminary Plat of 15.94 acres
into 27 single family lots, 3 outlots, and road right-of-way.
Location: West of Bennett Place and Bluestem Lane. A
continued public hearing.
Planner Franzen stated that Staff had met with the proponent to
discuss revisions to the plan. The roadway has been relocated
approximately 25 feet to the north. The retaining walls have been
moved from behind the homes and incorporated into the basement wall,
building pads have been increased from 50 to 55 feet in depth for
lots south of Bluestem Road, and reduced from 50 to 40 feet on the
north side to eliminate the retaining walls. Franzen stated that
the recently adopted Building Code requirements were also discussed
as it affects this project. This would require 40 feet of level
area behind each house before the slope to the creek begins, or
would require increased footing depths to allow less than 40 feet of
level area behind the house.
The developer is requesting some changes in the recommendations of
the Staff. They are requesting a front yard set back variance to 25
• feet. Regarding restrictive covenants, this is a policy question
whether or not to continue to approve subdivisions which rely on
private enforcement of restrictive covenants on a lot by lot basis.
There are 27 different lots on the project and could end up with 27
different builders. In addition restrictive covenants have not been
working because homes are being built almost twice as large as the
approved plans and developers are not enforcing the covenants. The
Staff's concern is development on steep slopes, the grading of the
lots, and saving the trees. Staff would like to see a site plan
where lots are large enough to build large homes that the market is
currently demanding.
Anderson stated an issue came up at the last meeting when
Commissioner Hallett asked Staff to come up with a plan. Staff
reported that a specific drawing was not prepared for the report,
but several alternatives were looked at with each alternative losing
several lots. Franzen added that the developer has done the best
job with the number of lots that they have. A better program would
be larger lots with no covenants.
Planning Commission Minutes -5- August 24, 1987
Fell stated there are two major concerns, tree loss and safety.
Larger lots would not minimize the safety concerns. He expressed
concern whether larger homes can be built on the 50 foot pad by
moving the road to the north. Ruebling asked who was responsible
for monitoring the restrictive covenants. Franzen answered, it was
up to the developer to abide by the recommendations. Schuck
expressed concern that large homes will be put on small lots because
that is what the market is demanding. He added that he felt the
community should provide for large homes and that they should be
placed on large lots especially to accommodate the pools, decks and
patios. Dodge asked if the Commission were to control the
restrictive covenants on everything in the city, who would police
this?
Chairman Schuck expressed concern about the intensity of this
project. He asked how the Planning Commission could give some input
to the City Council on development on steep slopes in general.
Franzen answered that the Commission could through the minutes give
the City Council an indication as to what a policy on steep slopes
should be and/or include such as large lots, stricter codes or
covenants, etc. which could be separate from motions for approval or
danial. This could also be discussed at a joint meeting with the
Council. Anderson stated this policy may be more appropriately
discussed at a joint meeting with the City Council.
Anderson asked if there was a way in which the projects could be
• built according to the approved plans. Franzen suggested that the
way would be that building permit plans which differ from the
approved plans could be required to be reviewed by the Planning
Commission and City Council. The builder would then have to prove
that the new plan is better than the approved one. Ruebling
indicated that designating areas on the Guide Plan for large lots
and developing a policy would be a good idea in wooded and slope
areas.
MOTION 1:
Motion was made by Anderson, seconded by Ruebling, to close the
public hearing.
Motion carried 5-0-0
MOTION 2:
Motion was made by Anderson, seconded by Ruebling, to recommend to
the City Council approval of the request of Brown Land Company for
Planned Unit Development Concept on 15.94 acres for Bluestem Hills
4th Addition, based on revised plans dated August 19, 1987, subject
to the recommendations of the Staff Reports dated August 7 and 21,
1987, and recommendations that the developer come back before the
Planning Commission for review if the plans are significantly
different from those presented. This would require an approval of
the Planning Commission and the City Council before a permit is
issued. Each buyer would be required to understand the grading
limits and must meet the city building codes.
Planning Commission Minutes -6- August 24, 1987
Schuck objected to the motion for lack of a consistent large lot
program in lieu of developing with covenants on steep slope areas.
He expressed confidence that the Brown Land Company could develop
this piece of property in the right way.
Motion carried 3-0-2. (Schuck and Dodge voted against)
MOTION 3:
Motion was made by Anderson, seconded by Ruebling, to recommend to
the City Council approval of the request of Brown Land Company for
Planned Unit Development District Review, with variances, for 15.94
acres and Zoning District Change from Rural to R1-13.5 on 10.57
acres, with Shoreland variances to be reviewed by the Board of
Appeals, and Zoning District Amendment within the R1-13.5 District
on 5.36 acres for Bluestein Hills 4th Addition, based on revised
plans dated August 19, 1987, subject to the recommendations of the
Staff Reports dated August 7 and 21, 1987, and recommendations that
the developer come back before the Planning Commission for review if
the plans are significantly different from those presented. This
would require an approval of the Planning Commission and the City
Council before a permit is issued. Each buyer would be required to
understand the grading limits and must meet the city building codes.
Motion carried 3-0-2 (Schuck and Dodge voted against) .
• MOTION 4:
Motion was made by Anderson, seconded by Ruebling, to recommend to
the City Council approval of the request of Brown Land Company for
Preliminary Plat of 15.94 acres into 27 single family lots, three
outlots, and road right-of-way, for Bluestein Hills 4th Addition,
based on revised plans dated August 19, 1987, subject to the
recommendations of the Staff Reports of August 7 and 21, 1987.
Motion carried 3-0-2. (Schuck and Dodge voted against)
V. OLD BUSINESS
It was suggested that a discussion on steep slopes be included in
the next agenda and that a copy of the Edina code on steep slopes be
obtained.
VI. NEW BUSINESS
Planner Franzen discussed with the Planning Commission the
memorandum "TO CONTINUE, OR NOT TO CONTINUE, THAT IS THE QUESTION".
Commission indicated that this should be discussed under Old
Business at the next meeting when other Commissioners would be
present.
Planning Commission Minutes -7- August 24, 1987
VII. PLAmERIS REPORT
None
VIII. ADJOLTR42U
Motion to adjourn was made by Anderson, seconded by Fell.
Meeting adjourned at 10:15 p.m.
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