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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. i