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Planning Commission - 11/09/1987 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, November 9, 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; Sue Anderson, Recording Secretary Pledge of Allegiance--Roll Call I . APPROVAL OF AGENDA II. MEMBERS REPORTS III. MINUTES IV. DEVELOPMENT PROPOSALS (7:35) A. JENKIN' S ADDITION, by John Jenkins. Request for Zoning District Change from Rural to R1-13.5 on 5.61 acres, and Preliminary Plat of 5 .61 acres into 2 lots and one outlot. Location: North of Research Road, south of Ridgewood West. A public hearing. (7:55) B. CREEKVIEW, by Brown Land Company. Request for Planned Unit Development Concept Review on 78.22 acres, Planned Unit Development District Review on 78.22 acres with variances, Zoning District Change from Rural to R1-13.5 on 56.15 acres and from Rural to R1-44 on 4 acres, and Preliminary Plat of 78.22 acres into 93 single family lots and 2 outlots. Location: South of Bluffs East 4th Addition, north of River View Road. A public hearing. (8:55) C. SHADY OAK RIDGE 2ND ADDITION, by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 0.19 acres, Zoning District Amendment within the R1-13.5 District on 2.88 acres and Preliminary Plat of 3.08 acres into 4 single family lots. Location: West of Old Shady Oak Road, north of Rowland Road. A public hearing. (9:30) D. SHADY OAK RIDGE - REVISED GRADING PLAN, by Joe Ruzic. Request for grading plan revisions. Location: West of Old Shady Oak Road, north of Rowland Road. 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 COMMISSION Monday, November 9, 1987 City Council Chambers 7 :30 PM MEMBERS PRESENT: Chairman Ed Schuck, Charles Ruebling, Robert Hallett, Julianne Bye, Douglas Fell, Christine Dodge MEMBERS ABSENT: Richard Anderson STAFF PRESENT: Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Sue Anderson, Recording Secretary Pledge of Allegiance -- Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Ruebling and seconded by Bye to approve the agenda as printed. Motion carried 6-0-0 • II. MEMBERS REPORTS None III. MINUTES Chairman Schuck requested a motion for approval of minutes of the October 26, 1987 meeting. Commissioner Hallett requested a change in the minutes on page 9, paragraph 1, to read "parking lot at Eden Point Project that is totally. . . " in lieu of "parking lot at Wilson Learning Center that is totally. . . " . MOTION• Motion was made by Bye and seconded by Fell to approve the minutes of the October 26, 1987 Planning Commission meeting as presented and changed. Motion carried 4-0-2 IV. DEVELOPMENT PROPOSALS A. JENKIN'S ADDITION, by John Jenkins. Request for Zoning District Change from Rural to R1-13 .5 on 5. 61 acres, and Preliminary Plat of 5. 61 acres into 2 lots and one outlot. Location: North of Research Road, south of Ridgewood West. A public hearing. Eden Prairie Planning Commission - November 9, 1987 - Page Two Frank Cardarelle, surveyor, representing John Jenkins-proponent, (present) set forth the request of R1-13 .5 zoning district for 2 lots and one outlot. Size for Lot 1 is 29,743 sq.ft. , and 33,567 sq.ft. for Lot 2. The outlot, where there is presently a home, is 152,891 sq.ft. or 3 .51 acres. No variances are required, and utilities and water are located in Research Road. Don Uram, Assistant Planner, recommended approval by the Commission subject to conditions on page two of the Staff Report referring to special assessment agreement for upgrading Research Road and all recommendations in Carl Jullie's letter dated 10-23-87. Responding to public hearing, Terry Kukla, 8806 Knollwood Drive, summarized concern 1) if driveway presently on lot will remain or become a public street; 2) what are the limitations on the height of a dwelling; 3) his view of Staring lake will be lost from his home. Proponent replied that the property is 15 to 20 feet below Kukla's home. Uram responded that maximum height in accordance with city code is thirty feet from driveway level. Proponent believes it will not block Kukla's view of lake. Commissioner Hallett suggested Kukla visit with Cardarelle and look closer at site lines. Resident was advised he could be heard again at City Council meeting. iBob Dehler, 8810 Knollwood Drive, stated concern 1) sewer and water and where is it coming from; 2) on what basis does Commission accept the project; 3) can they build before sanitary sewers are installed; 4) how can they access area to develop when roads are poor condition. In reference to basis of project, Staff replied the land is guided for Low Density Residential and zoned rural. The current project is consistent with the guide plan zoning classification and adjacent land uses. Developer can build on the property but sanitary sewer must be in place before occupancy of dwelling. Connection will be from sanitary sewer trunk on Research Road. Just to the west is Starrwood Development where water system will pass through and continuing on to Research and Mitchell Road. The roads shall be upgraded, subject to the contents of the feasibility report. Road improvements will be concurrent with this project. Proponent reiterated Uram's statement that it is their intention to upgrade roads. Chair Schuck suggested Dehler speak with proponent to clarify specifications of the project. Eden Prairie Planning Commission - November 9, 1987 - Page Three MOTION 1: Motion was made by Bye and seconded by Fell to close public hearing. Motion carried 6-0-0 MOTION 2: Motion was made by Bye and second by Fell to recommend to the City Council approval of the request of John Jenkins for Zoning District Change from rural to R1-13.5 for 5.61 acres to be known as the Jenkins Addition, based on plans dated October 29, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 MOTION 3: Motion was made by Bye and seconded by Fell to recommend to the City Council approval of the request of John Jenkins for Preliminary Plat of 5. 61 acres into two lots and one outlot to be known as the Jenkins Addition, based on plans dated October 29, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 B. CREEKVIEW, by Brown Land Company. Request for Planned Unit Development Concept Review on 78.22 acres. Planned Unit Development District Review on 78.22 acres with variances, Zoning District Change from Rural to R1-13 .5 on 56. 15 acres and from Rural to R1-44 on 4 acres, and Preliminary Plat of 78.22 acres into 93 single family lots and 2 outlots. Location: South of Bluffs East 4th Addition, north of River View Road. A public hearing. Michael Franzen, Senior Planner, indicated that the project is completed and Staff has met with the proponents for the past six months. Staff has identified six issues: 1) development in the conservancy area of Purgatory Creek; 2) grading and tree loss; 3) improvements to Riverview Road; 4) sewer and water improvements; 5) storm water run-off and impact on Purgatory Creek; and 6) variance for three lots having access on private road. The Staff Report was not completed at this point because staff is waiting for the tree inventory. Staff suggested that the proponent use this meeting for informational purposes and explain their proposal. The proponent will return at a later date, determined by Commission, for approval/denial of the proposal. • Peter Knable, Project Manager for proponent reported the project is located on north side of Riverview Road, approximately 80 Eden Prairie Planning Commission - November 9, 1987 - Page Four acres, south of Bluffs East 4th Addition. When proponent formally addresses Commission, they will be requesting three things: 1) preliminary plat 78 acres for 93 lots zoning rural R1-13 .5 for 56.15 acres; 2) R1-44 zone for the bigger lot; and 3) PUD for entire site. The project began in December 1986 and in April 1987 was presented to City Staff for the first time. The development consists of 92 small lots, and 1 large lot, and park corridor to be gifted to City, which is 15% of the total site. The proponent will be required to pay a Cash Park Fee of $420 per lot. The private driveway will be designed at 24 ft. wide (code is 281 ) which is narrower to save trees. This drive will serve three lots only and be utilized for pedestrian traffic to creek area. Variances are not required for shoreline lots and all City Engineering Standards have been met for street and utilities. The tree inventory is 95% complete, and will be completed prior to the next review by the Planning Commission. Riverview Road buffering will have many trees. This project meets the intent of the guide plan. Chairman Schuck commented that the lot density at 1.5 units per acre is lower than most, anticipating value and size of home. The lots for property and streets is realistic and within City Engineering and Building setback ordinances. The tree impact and other issues have not been thought through and will have to be readdressed at a later time. Chairman Schuck acknowledged requests to be heard in public hearing. Martha Sundberg, with Poindexter Jacobson Shomme & Harwood, (33 S. 6th Street, Minneapolis 55403) representing resident T. Mike Clark, Riverview Road, related concern on: 1) special assessments such as sewer and lighting, and the assessment procedure; 2) value of homes being built. Proponent responded that Riverview Road improvements will be assessed for each property according to use on their property. David Brown stated price of lot is $10o,000 including an architect. If the buyer does not want the architect, the lot is still $100,000, and developer's architect will review the plans according to the guidelines presented within this project. Sundberg responded they would follow up with written comments before the next Planning Commission meeting. Ed Schlampp, 10901 Riverview Road, informed the Commission that the present storm sewer backing up in his property and backwashing. The City told him it happens once in a 100 years - its happened twice in 8 years. The City pitched the road and the snowplow removed it. A correction is desperately needed to 40 storm drains, and he feels this is a very serious problem. The Eden Prairie Planning Commission - November 9, 1987 - Page Five City Engineer should talk to residents before work is done. He requested to be placed on record on this matter and to be advised of proposals in the future. He is rural zoned and concerned if he will be assessed even though he does not receive water or sewer from the city. Planner Franzen responded when the feasibility study is complete on Riverview Road and City is aware of inadequacies, this matter will be addressed. Hallett urged Schlampp to return to Commission meeting when this project comes up for approval/denial. Melanie Kremer, 10131 Phaeton Drive, spoke of her concern that the trees already cut down cannot be counted. Her property along the creek is preserve and with development her land will lose value. She is additionally concerned about the trees and wild life. Maureen Buhl, 10484 Wimbeldon Court, voiced her concern about the number of dwellings that will create more traffic in an already congested area. At present wildlife is abundant and you must drive slow through this area anticipating them. Her concern is the traffic congestion and wildlife in the area. Rick Barer, 17280 Riverview Road, questioned the planned • improvements on Riverwood Drive. He is concerned with traffic-- will there be stop lights or a 3-way stop sign. He fears that the street, when paved, will become a raceway. Also, what are the values of homes being built in this area. In summation, Barer requested replacement of boulevard tree City knocked down on his property. Proponent responded that value of homes will be $300, 000- $500, 000. Staff agreed to investigate tree replacement. Beth Simenstad, 10255 Summer Place, concerned with preservation of the creek value and asked what does conservancy line mean. Staff advised conservancy line means no tree removal or grading below the line. Dennis Doyle, 11200 West 78th Street, (building home in area) is concerned 1) that this road crossing the creek has a 90 foot rise; 2) tree study will show what had been intended for this area and it should remain natural; 3) questions 3/4 mile road for one lot, how will utilities access this lot; 4) this is a very sensitive area and there is presently a lot of grading going on down there; 5) the amount of trees removed is out of line with city standards, and demonstrated on aerial photograph the tree mass area; 6) he asked if utilities are going across Purgatory Creek; 7) large lot does not fit in with project. • Woody Ginkel, 10430 Whitetail Crossing, stated Mr. Doyle addressed many of his concerns. Besides losing his creek view, Eden Prairie Planning Commission - November 9, 1987 - Page Six as a developer himself, he is additionally concerned and wonders why proponent did not meet with the residents prior to 7 months work. Ginkel was not notified of this hearing and asked for explanation. He stated this was a beautiful piece of property and its use is extremely sensitive as a number of trees will be destroyed. Proponents responded that Mr. Doyle was correct that the driveway would be 3/4 mile and it is in line with City Standards. The small bridge crossing creek is not out of the ordinary. Water will cross the creek. Ed Sisan, Attorney for Creek Knoll's Homeowner's Association and resident, 10109 Wild Duck Pass, stated he could not talk to all the issues but is concerned that residents in Creek Knoll were not notified of this public hearing and were offended. They have no objection to the development but are concerned with the creek bottom. The Association has formalized their concerns in writing which has been received by the Commission. Helen Anderson, 11845 Runnel Circle, is concerned with traffic from new townhome construction and children's inability to cross streets safely. She was also deeply bewildered after being refused a variance of 5 feet for a permit to install a swimming pool because fence or barriers cannot be constructed within 90 feet of a conservancy line, and yet this developer can get permits to do whatever he desires in the area raping the land, . while the City Office seems to be unaware of what is going on out there. City Staff responded that notification to homeowners is published in the newspaper and the Hennepin County Assessors office provides addressed labels as per sections requested. This lack of notification to some owners could be a computer error or incorrect section request. Commissioner Bye stated to residents that it is a State requirement to notify residents 500 feet from the project. It was not the commission's intention to omit them, and thanked residents for bringing this to their attention. Wally Hustad, River Bluff and Creek Knoll Developer, explained developers have followed, since 1972, the 1st plat scenic easement which is in document format and on file in Hennepin County. This plat physically states the line scenic easement that everyone has built behind it. The fundamental principle was to provide scenic sites for Knollwood use - preserve the knolls, not to build on them. In 1986, regarding PUD for approval of the east side of the creek, the City reaffirmed the convenant relationship and they again identified two basic new lines, the transition area, and the conservancy zone. There was some flexibility in the lines even in the original plan and a portion of the 1986 PUD lots are within the conservancy; lot lines can be in conservancy but construction cannot. In 1986, he platted out this area and began implementing the Purgatory Creek area. In 1987--we-were before you and have committed to Eden Prairie Planning Commission - November 9, 1987 - Page Seven the City an overlook park area which was entered into by the City and Homeowner's. This project before us, as presented, . will violate the convenant relationship and we will take action to prevent it. We insist that developers adhere to conservancy line designated since 1975. Not one knoll is preserved and the transition area is used up. He and many developers are upset and he will argue this until his dying day. Responding to Mr. Hustad's concern of conservancy line, proponent reported they are following guidelines as closely as possible Kevin Moynihan, 15551 Garfield Circle, as a builder represents Lot 2 and questions 1) minimum lot size required; 2) could not see sewage and utilities crossing the creek or pumped upward; and 3) the silt fence necessary for shoreline property will only hold back so much water and feels erosion will be a big problem due to sandy soil. Proponent responded sewer will not be crossing the creek. Kelli Hueler, 11738 Tangelwood Drive, felt it her civic duty to come before the commission and speak of the bulldozing in the creek ravine and terrain. She is appalled that the City is unaware of the serious nature of this problem. Neighbors will fight tree removal. She questioned City and Commission as to whether anyone has walked the property recently and expressed • they would get one big surprise. Ms. Hueler questioned if logging permits were issued in this area, as logging trucks are going in and out loaded with trees. Jim Brown, 11551 Riverview Road, expressed hope that the City would not let the residents down and allow the valley to be torn up and lose the wildlife. Chairman Schuck addressed the Commission for questions. Commissioner Fell inquired about improved traffic handling to County Road 18 from Riverview Road. Franzen stated that Riverview Road would be upgraded to a minor collector along this project and if extended to County Road 18 people would be faced with attempting to enter traffic going 50 mph. The feasibility report should provide an overview of the road and determine if curves should be straightened and how much traffic it can safely accommodate. Fell inquired if Riverview is intended to go to 169 . Franzen responded no. Fell expressed concern on long cul-de-sac in this project as it does not provide an alternative emergency access. Franzen stated this is in compliance with city code. Fell requested that public concern to the creek area must be addressed. Eden Prairie Planning Commission - November 9, 1987 - Page Eight Franzen in response, stated calls were received a year ago from neighbors advising us of grading. We advised the party of the procedures to follow for permits. The scope of his work was small (1 acre) and a permit was not required. Chairman Schuck suggested that the proponent meet with residents and work issues out and take Commissions time into consideration on future proposals. Fell reiterated that tree inventory is most critical. Bye expressed her concern to developer that they had Commission over a barrel. The people have addressed this as a neighborhood meeting. The developer has without a complete project forced the Commission and residents through additional meetings. She thanked neighbors for participating with the lack of information they had. Hallett stated regarding emergency access to cul-de-sac, property owner should consider that upon purchasing land. He inquired if a trail will be constructed along creekbed, and width at the mouth of private drive. Proponent responded there would be a trail easement along private drive. There are no trails planned along creekbed. • Franzen mentioned this project had not been reviewed by the Parks Commission. Chairman Schuck suggested the Parks Commission review this project prior to the next meeting. Mr. Hustad responded to question of trails along creekbed. In accordance with the study additional trails cannot be constructed as wildlife will not exist with that much activity in the area. Ruebling recounted this is a sensitive area. He is concerned about the private road dropping 100' then goes back up and suggests they look for a more efficient way to approach this problem. An investigation of what is going on down in the creek area is necessary and Commission should confirm this activity. He does not fully understand this convenant and the legaleze between the City and developers. Putting economics aside, Planning Commission could propose larger lot sizes, say 1/2 acre along creek so as to spread them out and save the slopes. These are outstanding issues and the goal should be to agree on something within four weeks time. Hallett stated he is uncomfortable with a private road to 4-1/2 acre lot. Is it possible to access from other side? How else can property be used? Eden Prairie Planning Commission - November 9, 1987 - Page Nine Fell requested copies of the Purgatory Creek Study be available to review. Also proponent should address the study and put the residence questions to rest. The proponent invited the Commission to visit the site and see for themselves nothing has been done. He also requested the record show that the delay on the tree inventory was not intentional. It is delayed due to a misunderstanding on the method used in acquiring total. Chairman Schuck had to silence crowd, some residents became verbally disruptive when proponent addressed issues. Ron Krueger, surveyor (tree counter) for proponent, stated the difficulty in the inventory is due to the sea of brush in the area. Ruth Hustad stated she has seen the logging trucks carry off trees. A number of neighbors have been calling her inquiring what is going on down there. They have observed the cleared hillside and the mulch covering up grading and tree removal. Doris Brooker, Trotters Pass, stated we must approach this discussion without emotion if we hope to resolve issues. This is private land in accordance with the study. This is a sensible development, but without intent of the study, why are we here now? She expressed to Commission to be aware things are happening out there and residents want to know what and why. • Chairman Schuck again called upon proponent to arrange neighborhood meeting and talk about issues. Franzen stated the the Purgatory Creek Study is available for review at Department of Parks and Recreation. Mylars can be obtained for section affecting the lower portion of Purgatory Creek. Chairman Schuck announced that when Staff Report is done, it will be available to the residents. Helen Anderson asked if present logging and bulldozing will be stopped until this matter is resolved. Chairman Schuck directed staff to check this matter out immediately. MOTION 1: A motion was made for a continuance until December 14, 1987. C. SHADY OAK RIDGE 2ND ADDITION, by Joe Ruzic. Request for Zoning District Change from Rural to R1-13 .5 on 0.19 acres. Zoning District Amendment within the R1-13 .5 on 2 .88 acres and Preliminary Plat of 3 . 08 acres into 4 single family lots. Location: West of Old Shady Oak Road, north of Rowland Road. A public hearing. Eden Prairie Planning Commission - November 9, 1987 - Page Ten Ron Krueger, representing Joe Ruzic requested approval for plat of 3. 08 acres into 4 lots. Uram reported this is a replat of the Shady Oak Ridge original plat and recommended approval based on staff recommendations on page 2 of the Staff Report. Prior to release of permits, floodplain elevations must be established. Proponent responded they will be working with City Engineers on that issue. Hallett inquired of tree inventory on this proposal. Uram informed Commission the original Shady Oak Ridge project in 1984 proposing townhomes, was not required to submit tree inventory. Proponent responded that in the second addition, a tree inventory was conducted and trees replaced. Uram informed Commission that the other agenda item addressing grading plan for the entire project has been withdrawn. Proponent, in reference to grading plan agenda item, stated it was unfavorable for approval and time did not permit revisions, and they were advised to withdraw at this time. Ruebling expressed concern of the hill and communicated to Commission they look at future proposals more careful to prevent . this from happening again. MOTION 1: Motion was made by Bye and seconded by Hallett to close the public hearing. Motion carried 6-0-0 MOTION 2 : Motion was made by Bye and seconded by Ruebling to recommend to the City Council approval of the request of Joe Ruzic for Zoning District Change from Rural to R1-13.5 on 0.19 acres, and Zoning District Amendment within the R1-13 .5 District on 2.88 acres, all to be known as Shady Oak Ridge 2nd Addition, based on plans and written materials dated October 22, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 MOTION 3 : Motion was made by Bye and seconded by Ruebling to recommend to City Council approval of the request of Joe Ruzic for Preliminary Plat of 3 . 08 acres into four single family lots to Eden Prairie Planning Commission - November 9, 1987 - Page Eleven be known as Shady Oak Ridge 2nd Addition, based on plans and written materials dated October 22, 1987, subject to the recommendations of the Staff Report dated November 6, 1987. Motion carried 6-0-0 D. SHADY OAK RIDGE - REVISED GRADING PLAN, by Joe Ruzic. Request for grading plan revisions. Location: West of Old Shady Oak Road, north of Rowland Road. Proponents representative advised the planning commission that this proposal has been withdrawn. V. OLD BUSINESS None VI. NEW BUSINESS Franzen distributed documents submitted by Wooddale Church with plans for expansion. Before they spend additional time and expense, they are requesting Commission's feedback on this project. This will be a discussion item at the next meeting. They were advised by City Staff to meet with sub-divisions of Willow Creek and Golden Ridge Estates. Fell suggested that Planning Commission go to the creek area and bring a camera for documentation. When responding, these issues should be addressed separately: 1) Purgatory Creek; 2) Fillippe Grading; 3) Staff Report Facts. Hallett suggested Staff begin to prepare a long range plan and determine what will go in the southwest Eden Prairie area for the next five years. This will prepare and strengthen City and Planning Commission decisions. The time is right for a framework describing arrangement of the land uses. VII. PLANNER'S REPORT VIII. ADJOURNMENT Meeting adjourned at 10:49 PM. Motion was made by Bye and seconded by Dodge. Respectfully submitted, Sue Masear Anderson