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