Planning Commission - 01/26/2004 APPROVED MINUTES
EDEN PRAIRIE COMMUNITY PLANNING BOARD
MONDAY,JANUARY 26, 2004 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Ken Brooks, Randy Foote, Vicki Koenig, Fred
Seymour, Kathy Nelson, Dave Steppat, Ray
Stoelting, Bill Sutherland
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Mike Franzen, City Planner
Jane Hovind, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Present: Chair Stoelting,
Commissioners Brooks, Foote, Koenig, Nelson, Seymour, and Steppat.
Absent: Sutherland
II. APPROVAL OF AGENDA
MOTION by Steppat, second by Brooks, to approve the agenda. Motion carried, 7-0
III. MINUTES
A. Minutes of the January 12, 2004 Community Planning Board Meeting
Foote stated on page 4, 2nd paragraph, 9th sentence should read"Foote stated the City
has done a study..."
MOTION by Steppat, second by Brooks, to approve the minutes. Motion carried
6-0, Nelson abstained
IV. PUBLIC MEETINGS
V. PUBLIC HEARINGS
A. BROOKVIEW RIDGE by David and Patricia Smith. Request for Planned Unit
Development Concept Review on 4.56 acres, Planned Unit Development District
Review with waivers on 4.56 acres, Zoning District Change from Rural to R1-22 on
4.56 acres, and Preliminary Plat of 4.56 acres into 4 lots. Location: 9780 Brookview
Circle
Planning Board Minutes
January 26, 2004
Page 2
Perry Ryan of Ryan Engineering presented the project. He stated they had modified the
plat which now consists of four lots with 26 % tree loss, down from 40% and the
average lot size is 49,000 square feet.
Franzen stated the last time the Board reviewed this project they asked the developer to
reduce tree loss,the number of retaining walls and provide access to Brookview Circle.
Staff is recommending approval as all of these items have been addressed.
MOTION by Nelson, second by Koenig,to close the public hearing. Motion carried,
7-0
MOTION by Nelson, second by Koenig, to approve a Planned Unit Development
Concept Review on 4.56 acres, Planned Unit Development District Review with
waivers on 4.56 acres, Zoning District Change From Rural to R1-22 on 4.56 acres,
and Preliminary Plat of 4.56 acres into 4 lots,based on plans dated January 20, 2004,
subject to the recommendations of the staff report dated January 23, 2004, to the City
Council. Motion carried, 7-0
Koenig told Mr. Ryan the resubmitted plan is a big improvement over the previous
one and she is pleased to see the access to Brookview Circle.
B. MICRO-EAR TECHNOLOGY by Gavic Construction Corporation. Request for
Planned Unit Development Concept Amendment on 35.55 acres, Planned Unit
Development District Review on 35.55 acres. Zoning District Amendment within the
I-5 and I-2 Zoning Districts on 35.55 acres, and Site Plan Review on 11.21 acres.
Location: 6426 Flying Cloud Drive
Scott Nelson of Starkey Labs presented the project. He stated they are planning on
closing their St. Louis Park location and consolidating their corporate campus in
Eden Prairie. As a result, they will need additional space.
Jim Gavic described the project and stated the southern portion of the building will
remain as it is. He showed the site plan of the proposed project with an existing
entrance to the building which will be retained for the new facility. He said there is
an 8% increase in the building area and a small increase in the impervious area on
the exterior. He displayed a color rendition and the floor plan of the proposed
facility. He said the new building will house Micro-ear as well as offices. He stated
there will be a second main entrance to the building to maximize movement between
the three buildings.
Gary Brown stated there was a roadway on the rear of the building linking the two
parking lots. He said years ago it was taken out and they are showing proof of
parking in the front. He stated water runoff will be directed towards Flying Cloud
Drive and then into the ditch along Washington Avenue. He stated in front of the
Planning Board Minutes
January 26, 2004
Page 3
building there will be a turnaround which will allow for a bus drop off area. He said
one of the issues was a request for a waiver regarding setbacks for parking which
involved a setback along Flying Cloud Drive which as the road curves is reduced
from 75 feet to 50 feet. He said if the waiver is not granted they will remove some
parking stalls to eliminate the intrusion into the setback.
Franzen stated staff is recommending approval according to the recommendations on
page three of the staff report.
Steppat asked how many more employees will be at this site after the consolidation.
Nelson responded 330.
Koenig asked whether the proponent will take care of the maintenance of the rain
garden. Brown responded the rain garden will collect runoff and it will flow out
through a drop curb.
Stoelting stated that according to the staff report, the 50 foot setback is not
supported. Franzen said there was a plan approved in 1996 which showed additional
parking at the required 75 feet setback and for some reason it was not built that way.
Stoelting asked how the proof of parking works and what governs whether to go
forward with the proof of parking. Franzen responded the standard agreement states
that if the City determines that proof of parking needs to be built notice would be
given to the owner. He said most businesses want to take care of the parking
shortages quickly. Staff has never asked any business to build proof of parking.
Koenig stated she was very impressed with the traffic management plan and they
seemed to put a lot of thought into it.
Seymour stated the plan seems confusing since the proponent has proposed removing
the 15 spaces in the plan. He asked if the Board is to vote on the waiver to leave
those spaces. Stoelting responded it was, the proponent is asking for a waiver for the
15 spaces. Franzen stated the proponent is asking the board to consider the extra
green space and trees as a tradeoff for the setback waiver. Stoelting asked if the
board would like to see the 15 parking spaces. Brooks stated he would like to see
where the spaces were and the tree loss. Brown showed a map indicating where the
parking spaces were located and said they didn't want that issue to hold up the
request so they left them in to prevent having to resubmit. Steppat stated he drives
by that area quite often there is good screening and is perfectly comfortable with
leaving it the way it is. Koenig stated she was comfortable with granting the waiver.
Seymour agreed that he was comfortable with the waiver. Foote stated there is
plenty of screening. Nelson stated that the screening is adequate and she doesn't see
a problem in this particular situation. She said she does not like to reward companies
for this type of thing but this company did not originally develop the property.
Brooks asked staff if there is another reason other than that the original plan called
Planning Board Minutes
January 26, 2004
Page 4
for the 75 foot setback that staff is against leaving it as it is. Franzen responded that
would be the reason. He said there seems to be a lot of green space and with the
averaging of the setback and the green space existing could be reasons to support the
waiver. Koenig stated she agrees with Nelson and doesn't believe in rewarding
proponents for going against a plan but since they weren't the original owners she
didn't think they should be penalized.
MOTION by Steppat, second by Koenig, to close the public. Motion carried, 7-0
MOTION by Nelson, second by Koenig, to approve a Planned Unit Development
Concept Amendment on 35.55 acres, Planned Unit Development District Review on
35.55 acres. Zoning District Amendment within the I-5 and I-2 Zoning Districts on
35.55 acres, and Site Plan Review on 11.21 acres,based on plans dated January 16,
2004, subject to the recommendations of the staff report with the exception that the
waiver of 15 feet to the front parking setback be allowed and shown on the plan prior
to the January 23, 2004, to the City Council.
Steppat stated it's nice to see an Eden Prairie based business growing.
VI. INFORMATIONAL MEETINGS
A. PEMBERTON LANDING by Minnstar Builders, Inc. An informational meeting
for the developer to present plans for a 135 unit townhouse development.
Timothy Bohlman presented the project. He stated the total number of units per acre
as 7.41with a total of 129 units. He displayed a view of the landscape plan. He said
there are two product types, Veranda style, which is a back to back unit and the
Classic unit which is a row style. He said they're all walkout units and take
advantage of the change in elevation. He stated there are two issues for which the
project would require waivers; the first of those is for density. The zoning
designation of RM-6.5 allows up to 6.7 units per acre. Based on the layout of the
land, costs, etc., they would be asking for a waiver of 0.71 units per acre. The
second waiver has to do with square footage of the lot. He said rather than 6,500
square feet per unit required by code, they are asking for 5,875 per unit which is a
waiver of 625 square feet. The third waiver includes the home belonging to Mr.
Duane Auseth. After purchasing a portion of the property from him, the lot
remaining would be 20,600 square feet. This is less than the minimum required
22,000 square feet for the R1-22 zoning district. He said they could adjust that by
purchasing less of his land which would allow him to stay within the 22,000 square
feet. He stated the final waiver has to do with side yard setbacks which would have
to do with the RM-6.5 zoned lots that abut the R1-22 lots. He said there aren't too
many setbacks that fall under 25 feet between buildings. To remove 15 units from
the development would make it impossible for them to proceed with the project. He
said he would like to show the Board how high quality their homes are. In exchange
Planning Board Minutes
January 26, 2004
Page 5
for the small waivers, Eden Prairie and neighbors will get a lot in return.
Stoelting asked to see the exterior of the proposed units. Bohlman displayed the
colored renderings of the exterior of the homes. He said the Classic homes have a
number of plans for each building so that they look different. They will sell for
$350,000—500,000. He displayed the Veranda unit which is smaller and less
expensive. He said the unit looks custom, not mass produced. They allow for
double garages and provide quite a few amenities. They will sell at$250,000—low
300,000s.
Bohlman said he assembled a larger tract of land by purchasing land from abutting
homeowners which resulted in a larger development. He stated currently there is not
a public street connecting Hilltop Road and Pioneer Trail. He said the road would be
placed through an owner's property and they are not willing to sell their property.
He said he will work with abutting property owners regarding extension of the
utilities system to those currently using wells and septic tanks.
Stoelting asked where the existing single family homes are located. Bohlman
responded they are located in the southern area of the development.
Franzen said the Board first needs to determine if there are compelling reasons to
change the guide plan. Second, determine if the density is appropriate for the site
and the area. Third, determine if there is an adequate transition. The last thing the
Board needs to look at is the relationship of the project to the current neighborhood.
The developer is planning to buffer the single family homes with trees and plantings.
He stated the development will result in a neighborhood part single family part
multifamily.
Roxanne Johnson of 9009 Sutton Drive has concerns with density of the proposal.
She said they live on a private drive and that's the only access into and out of the
neighborhood. She stated her concerns include safety, noise and traffic with the high
density development. She said the churches manage traffic well and haven't been a
problem. She said that during rush hour Pioneer Trail will become more congested
and there doesn't seem to be anything done about speeding and a-turns on Pioneer
Trail.
Carolyn Nelson of 9049 McGuffy Road stated she is concerned about the density and
the two road access points to the project. She stated that adding 129 more units
would make traffic much worse and the addition of more children would add to an
already overfull school.
John Hansen of 16200 Hilltop Road stated he is selling part of his property. He said
approximately two years ago he talked to three developers but Ron Clark followed
through and can't develop the land unless have the density to pay for it. He stated
Planning Board Minutes
January 26, 2004
Page 6
that traffic is terrible on Pioneer Trail and many people turn into the neighborhoods
to the north because of the backup of traffic. He said there is a need for sanitary
sewer and water and it seems the development will go in before installing it.
Tim Burgett of 16400 Hilltop Road stated when it rains there is a river of water that
runs through his property. He said he is concerned that this development will make
runoff worse. He stated it's important the development maintain the 25 foot
setbacks; the buildings seem to be very close together.
Tom Totall of 16176 Hilltop Road said he is sure Mr. Bohlman's company will put
together some aesthetic buildings that will be pleasing but before the waivers are
granted he wants to make sure to protect the property on Hilltop Road. He stated the
developer should downsize the number of units.
Liz Deminico of 16100 Hilltop Road said she did not sell any of her property and is
very concerned and worried about the development and the density as proposed. She
said she is fearful that the developer will try to force the single family homeowners
out. She said her lot is in a lower lying area and when spoke to project manager, the
first lots will be pond areas. She said there isn't any flooding currently but would
like to know how that site will be developed to the east of her property.
Dawn Stover of 16291 Hilltop Road said the area has a very rural feel with small
children and wooded area. She is concerned about traffic, density and loss of trees.
Mike Clarke of 16290 Hilltop Road stated he agreed about density and there are
good reasons for rules considering density.
Stoelting summarized the neighbors' comments which included concerns with traffic,
density, who units are targeted to and sewer and water installation. There are
concerned for runoff from the east and to the east. He stated there was the concern
that homeowners may be forced out and issues regarding tree loss, biking and
walking.
Bohlman stated regarding traffic, he said he's been on the site and discovered that
312 is a faster route to take to the area. He said there has been a marked increase in
traffic and the extra traffic will dissipate as 312 develops. The amount of traffic
generated by the project falls within the maximum capacity limits of Pioneer Trail
and area roadways. The access points to the development will be private streets off
of Pioneer Trail which will line up with existing streets. The target market will
include a variety of buyers including young families with children and empty nesters.
These are unique buildings with unique floor plans. The amount of money schools
have is directly tied to the number of students in the community. School boards are
required to plan for the growth of the community and they need to work with the
City to determine how to plan for growth. Public utilities are not shown along
Planning Board Minutes
January 26, 2004
Page 7
Hilltop Road because the proponent doesn't own the property and, as a result, can't
develop it. If there's interest in hooking up to City services, will try to accommodate
that by working with staff and neighbors. He said storm water is a huge issue and
the project has a storm water holding and treatment basin that is one acre square and
allows for the best water quality and sedimentation removal before water goes into
the City's sewer system. The pond's size will handle two one-hundred year rain
events back to back without overflowing to neighboring properties. The net affect is
that it will correct and remedy runoff problems on the east of the site. The pond is in
the lowest elevation of the block. Storm sewer pipe is planned behind the southern
part of the development and catch basins to channel down to the pond where it is
stored. The idea that they would try to force people out is not a problem. He said
the builder is very ethical and would not want to cause problems for homeowners.
When purchasing land from owners they did not use high pressure tactics. They
were asked and if they don't want to sell their land that is fine. That is not the intent
to force people out of their homes.
Stoelting asked Bohlman to address the setbacks. Bowman stated they aren't asking
for waivers on the rear of the buildings. Many are more than 25 feet away from the
lines. In reference to the homeowner who mentioned the homes in one development
that were so close together was a totally different type of development than this one.
There is no product such as that proposed. Side setbacks in this product are 20 feet
or greater. There may be building to building where may need to go with 17 or 18
foot side yard setbacks.
Stoelting asked Gray to address traffic concerns and the sanitary hookup. Gray
responded in regard to traffic the first speaker from the public articulated the
problems getting on to Eden Prairie Road. It's a perfect example of the difficulties of
neighborhoods with a single roadway access onto a high volume county road. Her
concern regarding this project is that we are adding traffic but there is growth and it
will add to traffic. He said the timing of the extension of 312 is to be advanced and
will be extended from County Road 4 to Chaska over the next three years. It is to be
expected the impact will involve a significant drop in traffic volumes on Pioneer
Road. Currently, there is a significant volume of traffic from Chanhassen and
Chaska also utilizing Pioneer Trail. He said in 2 -3 years with the extension of 312
there will be a significant drop in traffic volumes. He stated that section of Pioneer
Trail needs to be improved similar to east of 169 and 212. That is what is
anticipated in the future. For this project there needs to be a public road connection
between Pioneer Trail and Hilltop. Hennepin County is going to have a lot to say
about how they take access to Pioneer Trail. They have said that one of the access'
on this plan be eliminated. Hilltop Road is a neighborhood a few years ago where the
board recommended a connection. Council agreed to approve the development with-
out the connection. The City is in a situation where the development has a plan that
we question whether the county will approve. We have a recommendation that we
think the County will approve but the developer states it's a difficult plan to imple-
Planning Board Minutes
January 26, 2004
Page 8
ment. The best solution would be a connection between Hilltop and Pioneer Trail.
Gray stated regarding drainage there are existing drainage and erosion problems. He
said this plan can reduce some of the problems. The sedimentation pond is unique in
that it is not in the center of the development; it is located on the perimeter.
Generally, ponds are aesthetic becomes part of the amenities within projects and are
maintained by the association. There is a question whether the association would be
concerned about the aesthetics of this pond. The existing walkout home backing up
to the pond has a home daycare. He stated it would be important to know that the
daycare is isolated from the situation. The topography indicates this is where it
should be located. He said typically ponds have overflow so that it doesn't end up in
someone's basement. The sanitary sewer at Eden Prairie Road does not function.
Grace Church has access to sewer but they have a lift station. The lift station to
make it useable for this development is under construction and won't be ready for a
year. What the City plans to do is come to the neighborhood and reach an agreement
with neighbors to put in sanitary improvements in the neighborhood, probably in
2005.
Mr. Hanson stated the ponding will take care of the other people on Hilltop Road.
He stated they are not connected to utilities but have to pay a utility bill. He said
everything that goes east drains onto the corner lot and what overflows their lot goes
into the new ponding. He believes that the sanitary sewer and basin will help
everybody.
Stoelting asked the members for input. Brooks stated there are two questions why
multi-family housing on this site and whether the proponent has looked at the
number of multi-family units in the Eden Prairie today versus the number of single
family lots available. Bohlman responded Minnstar Builders are involved mainly in
multi-family housing. The market base is there and demand is strong. They have a
product no one else is building. The sheer cost of developing this type of project
because they can't tear down existing homes and build single family because they
would lose money. He stated he is aware through a report from a company that
reviews housing that Eden Prairie has a huge need for this type of product at this
price point. Brooks stated he would like to see that report because he has a difficult
time with increasing from low density to a higher density. He said he wants to
encourage development and Ron Clark has a good reputation but because of
Hennepin Village and Market Center area, the Board has had a hard time with multi-
family projects. He said he doesn't have a compelling reason to change the zoning or
approve the waivers on the site.
Nelson asked about the drainage pond and how water will drain to it without going
over someone's land. Bohlman stated the water collected in catch basins will be
piped underground and through an easement. The easements that would be required
have not been obtained at this point. It's a small area that would be affected. It's a 10
or 15 foot triangle. Nelson asked if the density level includes the homes on the
Planning Board Minutes
January 26, 2004
Page 9
south but are not part of the development or just this development. Franzen
responded that it would be exclusive of the single family homes. Nelson stated that
she was surprised at the use of vinyl siding and windows throughout the units. She
asked why they weren't using wood. Bohlman responded the palettes have been put
together because vinyl requires less maintenance and retains the appearance much
longer. The materials are of superior quality and heavy mill weight materials. Vinyl
windows are more energy efficient and easier to take care of. The other option
would be wood windows with aluminum. Nelson stated she is concerned about the
density of this project. She said an alternative would be going to half acre lots. The
addition of 129 families onto Pioneer Trail is a concern. She said doesn't believe the
timing of the project is good considering the sanitary sewer and road situation. She
stated if it remains high density there should be a play area. This doesn't seem to be
accommodating with a playground at this point. She said there also needs to be
walking paths through the development; with the numerous driveways exiting onto
the streets, safety is an issue. She commented that the unit sizes are too large and
there doesn't seem to be circulation; it needs redesigning and would want to see it
again in 6 months.
Steppat stated that he understands the traffic issues which do not involve this
development. He said he doesn't have a problem going from low density to medium
density but is concerned about the density of this project. He said he is unconvinced
that it has to have this many units to have the development pay off. There isn't a lot
of green space. The drainage question is a problem. He urged the proponent to meet
with neighbors.
Foote stated that the first thing he looked at was the Guide Plan changes and the
change from low to medium density which he is reluctant to change. He said this
would be a good spot for low density housing; single family would fit well in the
area. He commented that it's unfortunate that a proponent would say they need this
type of density in order to make it work. He said with Hennepin Village down the
road he doesn't see the need for additional multi-family. Foote stated he would
rather see single level multiple but wants the area to remain low density.
Seymour stated it's a good looking project but he's not sure this is the right place for
that project with the density. He said he was concerned about the northern side of
Hilltop Road and the impact on traffic. He stated he doesn't like the density at this
time and in this location.
Koenig stated a lot of the issues have been addressed by the other board members.
She said one of her concerns was if the project were to go through that the buffer be
maintained between the multi-family and single family housing. She stated she is
not sure how that would be addressed with the topography. She stated she is not in
favor of the waivers to the setbacks Bohlman stated that Nine Mile Cove consists of
detached townhomes. He said the waivers to the setbacks for Pemberton Landing are
Planning Board Minutes
January 26, 2004
Page 10
only for buildings where the curve causes them to reduce the setback. Koenig stated
they would need the minimum setback and more for the transition. She was
impressed with the Nine Mile Cove development; it didn't appear dense. Bohlman
stated the units in Nine Mile Cover started at$500,000 and most expensive
$900,000. Koenig stated she can't understand why someone would pay that much
for a townhome rather than a single family home. Bohlman responded it's a lifestyle
change for people so that they don't have the upkeep.
Mr. Hanson stated that regarding the density the lots are 450 feet deep and the single
family owners don't need that much land. There was a developer who came through
and wanted to put in 6 single family homes and they couldn't build a million dollar
home on the small lots. The density is necessary in order to afford to build. Most of
the homes have a 15 foot setback between the single family homes.
Bohlman stated this is the density the project requires to make it happen. They've
done the math and numbers and to do a project like this they need this number of
homes. In the early stages of the project when he was acquiring land he made it clear
to the homeowners that here's the number he calculated and that was all he could pay
per square foot. The City of Eden Prairie has a decision as to what to do with pieces
of land such as this within the City. This property doesn't have any chance of being
redeveloped into anything else but this type of project. He stated there are sewer and
water pipes that are running past open land and rather than perpetrating urban sprawl
let's make this work. He said in regard to concerns related to drainage there are still
some minor details that still need to be worked out. Traffic related issues have been
addressed by staff but there are problems all over Eden Prairie with additional
development. Regarding this type of home these are the types of units people are
wanting to buy and this is the kind of product that can be built and sold in these
ratios. With the topography and setbacks in conjunction with the reforestation along
the property line the single family homes will be adequately screened. Association
living is what people want and there will be maintenance taken care of by the
association. He stated he lives in a neighborhood where there are covenants and
people want that.
Stoelting asked Gray about Hennepin County and needing their approval for access
to Pioneer Trail. He questioned whether the developer could contact the County and
bring back a letter from the County as to their position on this access. He said he
heard a lot of comments about drainage,pond aesthetics, and daycare. The Board
needs to be convinced that this product is needed and it's really going to sell. There
are a lot of issues with density and the waivers being requested. Stoelting stated
there's need for a play area, green space, sidewalks, and the question of how people
are going to live in this highly dense area. Also of concern is the future impact to the
south and how that will affect infrastructure. This is a redevelopment project and is
very challenging. The Board has not dealt with many redevelopment projects and
there will be more in the future.
Planning Board Minutes
January 26, 2004
Page 11
The Board took a five minute recess at 10:10 p.m.
The Board reconvened at 10:15 p.m.
VII. MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Franzen stated the February V' meeting will include a variance request for parking on a
setback for a warehouse.
XI. ADJOURNMENT
MOTION by Foote, second by Koenig, to adjourn. Motion passed, 7-0.
There being no further business, the meeting adjourned at 10:17 p.m.