Planning Commission - 04/12/2004 APPROVED MINUTES
EDEN PRAIRIE COMMUNITY PLANNING BOARD
MONDAY,APRIL 12, 2004 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Ken Brooks, Larry Kacher, Vicki Koenig, Kathy
Nelson, Peter Rocheford, Fred Seymour, Ray
Stoelting, Jon Stoltz, William Sutherland
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Scott Kipp, Senior Planner
Alan Gray, City Engineer
Leslie Stovring, Environmental Coordinator
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Present: Chair Stoelting,
Commissioners Brooks, Kacher, Nelson, Rocheford, Seymour, Stoltz, and Sutherland.
Absent: Koenig
II. SWEARING IN OF NEW BOARD MEMBER
Scott Kipp, Senior Planner, swore in new Board members Larry Kacher, Peter Rocheford
and Jon Stoltz. Chair Stoelting welcomed Fred Seymour as a reappointed Board member.
III. APPROVAL OF AGENDA
MOTION by Nelson, second by Sutherland, to approve the agenda. Motion carried, 8-0
IV. MINUTES
A. Minutes of the March 22, 2004 Community Planning Board Meeting
MOTION by Brooks, second by Nelson,to approve the minutes. Motion carried 4-0.
Abstained: Kacher, Rocheford, Seymour and Stoltz
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. SETTLERS WEST by Pemtom Land Company. Request for Zoning District
Change from Rural to R1-13.5 on 11.07 acres, and Preliminary Plat of 11.07 acres
into 10 lots, 3 outlots, and road right of way. Location: South of Pioneer Trail and
north of Vogel Farm Trail.
Planning Board Minutes
April 12, 2004
Page 2
Justin Larson presented the project. He stated currently the site consists of 11 acres
and is zoned Rural; they are asking for a rezoning of R1-13.5. He said there would
be two parts to the development, one in Eden Prairie and the other in Chanhassen.
The two cities are working concurrently and preparing a joint powers agreement.
The City of Eden Prairie will be providing utilities to Chanhassen because of
constraints in differences in grade with the Hennepin Rail Authority and the
improvements recently done to Pioneer Trail with utilities installed two years ago.
He stated this development is an extension of Settlers Ridge with similar character.
There will be access from Pioneer Trail with wetlands on both sides of the road. The
entrance is landscaped and has a monument sign. Trees will be maintained as much
as possible. The bluff trees can be lift intact. They will provide access to the trail
corridor for both Settlers Ridge and Settlers West, as well as access to Richard T.
Anderson Conservation area. He said 66 % of the land on the Eden Prairie side of
the development being dedicated as public land. There will be a neighborhood park
which will include a tot lot with benches and a gazebo.
Kipp stated the density of the development is one unit per acre, consistent with the
area. The lots meet all requirements for City Code including lot size, and frontage;
staff is recommending approval.
Brooks asked where the proponent was in the approval process with Chanhassen
regarding the length of the street ending in a cul-de-sac. Larson responded
Chanhassen held a public hearing but the item was tabled. The issue has been taken
care of and the remaining issues to be addressed include right of way and tree loss.
Brooks asked what the lot prices were and who would be building the homes.
Larson responded he didn't know what the cost of the lots was and he believed the
builders would be through Pemtom. Brooks stated he didn't have any problem with
the zoning change.
Stoelting opened the meeting to the public.
Jill Zangs of 18912 Explorer Trail stated that there are 13 children in the area she
lives. She stated she is concerned with construction traffic and how that will be
entering and leaving the area. She said residents don't want trucks on residential
streets because of the safety issues. She said there is a neighborhood pool but don't
think it can handle more families as it is at its maximum capacity now. She
expressed her concerns that Explorer Trail will be used by residents of the new
development as a short cut to their homes. She stated she would like to know how
they plan to address cleanliness during the construction and how they will keep the
roads clean.
Planning Board Minutes
April 12, 2004
Page 3
Todd Clausen of 18909 Explorer Trail stated they are making Settlers West its own
distinct community, separate from Settlers Ridge by providing the cul-de-sac. He
stated his concerns regarding the different school districts children would attend in
the development.
Jim Frederick of 18958 Dorenkemper Place stated his property abuts a wetland and
he has had water problems in the past. He said the area has been graded and a berm
added but he is concerned with additional fill being deposited when they do the road
as to where the water is going to drain.
Jim Rea of 18492 Pathfinder Drive stated he knows Pemtom builds quality
developments and believes this will be a great development but has two major
concerns. He said Settlers Ridge has amenities that are paid for by the neighborhood
through association fees which include a tot lot, swimming pool and park. He said
the pool won't accommodate anymore people and he believes Settlers West residents
will want to utilize the amenities in Settlers Ridge. He stated a simple solution
would be to keep the two developments, Settlers Ridge and Settlers West, separate.
He stated they don't have to connect them together with the road. He said the second
concern is traffic on Pioneer Trail. He said an entrance off Pioneer Trail raises safety
issues because traffic is already too dense. He said the two lane bridge won't
accommodate a backup of traffic. He also wondered how many accidents would
need to occur before putting in a traffic light. He said a solution to the traffic
situation would be to wait for access to 212.
Byron Dickenson of 18921 Explorer Trail stated he agrees that it will be a good
development and has concerns how the neighborhood will is being planned since the
two developments are connected, boundaries are questionable. He said he would
like to see them make the Eden Prairie part a separate development with a cul-de-sac
and Chanhassen would have their own development as well. He said he believes
Explorer Trail will be the main route to the new development.
Paul Seppanen of 18779 Vogel Farm Trail and President of the Neighborhood
Association stated he believes Herbst is a quality developer. He said he supports the
statement made by others regarding traffic on Explorer Trail. He said a major issue
is the use of the pool. He said residents of Settlers Ridge pay $350 in association
dues to utilize the amenities. He said they do not intend to extend rights to the pool
to the new residents of Settler West. He stated an option may be for the developer to
expand the pool or to set aside amenities for the Settlers West residents in their
community. He said the roadway is a concern and another entrance into the
community would add more traffic onto Explorer Trail.
Stoelting summarized the issues residents expressed which included concern with
construction traffic and debris, the neighborhood pool, added traffic to Explorer
Trail, school districts, drainage issues, association fees, connection of the two
developments, traffic on Pioneer Trail and the timing of a Highway 212 entrance.
Planning Board Minutes
April 12, 2004
Page 4
Mr. Larson stated that construction traffic would not be using Explorer Trail and
there would be barricades set up to prevent that. He believes they will have access
from Pioneer Trail which will keep them out of the neighborhoods. He said there is
an existing gravel road for contractors to park vehicles. He stated in regard to the
swimming pool situation there isn't a clear cut way to fix the problem. He said he's
hopeful there will be amenities in Settlers West for the neighborhood residents. He
stated in regard to school districting,he's not sure how that would be done since the
project is cut off from Chanhassen perhaps all the children would attend Eden Prairie
schools. The drainage situation should be improved with grading which will direct
water away from the homes to the wetland basin. He said with public and private
space it will be up to Herbst to determine how it will be shared. He stated the
connection between the two developments would be to Explorer Road. A cul-de-sac
would create problems with accessibility and there would be problems including
wetland impacts. He said they had studied the possibility of connecting to 212 but
the difference in grades is substantial which includes heavily forested bluffs and to
connect with 212 would devastate the area.
Alan Clugman, traffic engineer with Westwood, stated they need to connect to
Explorer Trail due to the need for emergency access; a connection to Pioneer Trail is
a more direct route for the residents of Settlers West. He said most of the traffic
will be coming from the east and to a lesser extent from the west. There will be a
left turn bay for those coming from the east and it would be the likely entrance and
exit access for the neighborhood.
A resident asked what the problems would be in making Explorer Trail a cul-de-sac.
Larson responded it will impact the wetlands. They need to keep the Eden Prairie
lots separate from the Chanhassen ones. He stated emergency access needs to be
available.
A resident stated that Bear Path has only one access and he's more concerned about
the safety of children rather than saving the trees. He believes Settlers Ridge will be
negatively impacted with the extension of Explorer Road.
Stoelting asked staff for input on the residents' concerns.
Gray addressed the school district question. He said Eden Prairie has three school
districts. There is often a situation where some children go to private schools and
some to public schools. He said the 212 connection is not desirable as the grading
would impact the current homes in Settlers Ridge and the view of the bluffs. He said
the benefits of the development are that it is low density residential and being done
by a developer they are familiar with who does quality developments. If they were to
allow Chanhassen to develop the entire area, the City of Eden Prairie would lose
control of who developed the area and what was done. He stated regarding traffic
issues when Settlers Ridge was developed it was almost denied because of the single
access to Pioneer Trail. The reason Explorer Trail was stubbed out was initially
Planning Board Minutes
April 12, 2004
Page 5
there was one access to Pioneer Trail when normally there are two for a
neighborhood this size. There will be additional traffic on Explorer Trail but it won't
be uncharacteristic than many of the current residential streets. Traffic on city streets
can range from near zero on cul-de-sacs to up to 2,000 vehicles per day on some
streets. He stated Explorer Trail could see up to 200 vehicles per day. He said
Pioneer Trail will be the preferred access with Explorer Trail being used occasionally
with most of the use from existing Settlers Ridge residents. He said construction
traffic would come off of a new access from Pioneer Trail and this would be part of
the development agreement. The development would not be open until curb and
gutter and paving was complete. He said traffic on Pioneer Trail is a problem.
Hennepin County is not proactive in planning roads; they tend to wait until traffic is
intolerable and then make changes. He said often because of this situation,
developers will pay out of their own pockets for improvements, such as
signalization. He stated he didn't believe the intersection at Settlers Ridge would be
signalized but the extension of 212 should result in lower volumes of traffic on
Pioneer Trail. Gray addressed drainage stating there is a ponding area in the project
which will provide an outlet to keep water levels manageable.
Stoelting asked Board members for input.
Nelson stated since this expands both cities what City would provide emergency
vehicles such as Police and Fire service; are they allowed to go through Eden Prairie
or Chanhassen to access each other. Gray responded it would be similar to other
shared boundaries. The homes in Chanhassen will be served by the Chanhassen
Police Department and Fire since the phone system will be set for Chanhassen. They
are free to use Eden Prairie streets because it is public roadway.
Rocheford asked if the new development would have a separate association and
whether the new residents would have access to the pool. Larson responded there
will be a different association and he did not believe they could access the pool
unless they were a guest.
Rocheford asked if the development would have its own association. Larson
responded it would. Rocheford asked whether the new development will have access
to the pool. Larson responded Dan Herbst of Pemtom checked on it and they won't
have access to the pool. Rocheford asked whether the development could be
divided, one area in Chanhassen and the other in Eden Prairie. Larson responded
that would involve tearing up the landscape and ruining the views for current
residents. Rocheford stated he believed if the Pioneer Trail entrance is a good one, it
will be the main one used.
Brooks stated he understands the neighborhood concerns with developing bordering
land, entering another community. He said it's a matter of the developer working
with both cities. He said he agrees with staff that this is the best way to develop
eleven lots. He said forethought was put into this when they developed Settlers
Planning Board Minutes
April 12, 2004
Page 6
Ridge and the issues with the pool and amenities shouldn't enter into allowing delay
of the project.
Sutherland stated the project is being developed with an experienced developer. The
neighborhood problems may be much more difficult to address if there was a
different developer. He said he can't visualize access to 212. There will need to be
access from the north not from Highway 212. He said there is concern about how
the neighborhoods will interact, although that's not part and parcel of the specifics of
this development. He said somewhere there has to be a line for school districts and
for associations and once they're defined people know where they are; those are
understandable concerns but not part of the approval process.
Seymour stated the project fits well in the area. Traffic issues have been addressed
and he feels more comfortable with staff s input. Travelers heading west will likely
use the Pioneer Trail entrance. He said the sticking point seems to be the amenities
one neighborhood has and the other doesn't which may be solved by expanding the
pool or providing additional amenities in the new development.
Kocher stated he agreed with Seymour and would like the amenities addressed by the
developer, particularly the pool situation.
Stoelting asked staff how they would go about addressing the pool issue. Kipp
responded the City doesn't require private associations but they should encourage the
developer to work on the issue.
Rocheford asked if the city can request to review the covenants for the development.
Kipp responded the city occasionally receives covenants to review but they still are a
private matter between the developer and the residents.
Nelson stated she doesn't see the pool question as a problem. She lives in an area
where half of the development is on one side of the street and the other half is on the
other. One side has a pool and they don't have any problems because people
understand the difference. This can be handled, possibly by having associate
memberships available.
Stoelting stated the issue before the Board is one of rezoning; there are no waivers or
guide plan changes requested.
Stoltz stated he saw no problem with rezoning and the flow of the project works. He
said they need to keep construction traffic off of Explorer Trail.
Stoelting asked staff is they could put a stop sign on Explorer Trail to slow down the
flow of traffic. Gray responded stop signs on that intersection will not restrict flow
through the area. He said stop signs are used to control heavily traversed
intersections; they need to be careful when using stop signs to manage traffic. In
Planning Board Minutes
April 12, 2004
Page 7
order to make it a part of the recommendation could be done through the developer
agreement with a traffic management plan which would say construction traffic
doesn't use existing streets. It's not perfect but it's a tool to work with.
Nelson asked staff if they can make the approval contingent on Chanhassen
approving their piece in the same way. She said if they are in the process of
approving the project and decide to go with a higher density, what could the City of
Eden Prairie do to prevent that. Kipp responded he didn't have a definitive answer;
there is a roadway extension into Chanhassen. Gray responded the public
infrastructure which includes water and sanitary sewer is based on this plan, not for a
higher density. If Chanhassen were to come up with a higher density plan, they
wouldn't have adequate infrastructure to service the development. The road system at
the intersection of Pioneer Trail is not adequate for a more dense type of use.
Kipp stated the Eden Prairie portion is based on this set of plans and ultimately a
Development Agreement that defines the approved plans. If Chanhassen isn't
approved, the plans would not be in keeping with the request approved.
Gray stated they wouldn't approve the street stub without Chanhassen plan approval,
which they need to be approved hand in hand.
Brooks stated it appeared that staff recommendation number two addressed that,
indicating a cooperative agreement.
MOTION by Brooks, second by Nelson, to close the public hearing. Motion
carried 8-0.
MOTION by Brooks, second by Sutherland, to approve a request for Zoning District
Change from Rural to R1-13.5 on 11.07 acres, and Preliminary Plat of 11.07 acres
into 10 lots, 3 outlots, and road right of way,based on plans dated April 5, 2004,
subject to the recommendations of the staff report dated April 9, 2004, to the City
Council. Motion carried 8-0.
B. WESTGATE OFFICE PARK by Klingelhutz Development Company. Request for
Comprehensive Guide Plan Change from Low Density Residential to Office on 2.6
acres, Zoning District Change from I-General to Office on 2.6 acres, Site Plan
Review on 2.6 acres, and Preliminary Plat of 2.6 acres into 4 lots. Location: Current
MNDot Right-of-way, North of Venture Lane.
Terry Schneider presented the project and indicated he had worked with staff to
address the trail connection and landscaping. He said they have agreed to clean up
the debris on the site and the park property and will construct an eight foot
bituminous trail which will provide access through the site. The City will continue
the trail around the park to the north to Ventura Lane at which point it will connect
to the regional trail system. He said there are a number of mature pine trees on the
Planning Board Minutes
April 12, 2004
Page 8
site. They will be installing retaining walls and changing the grade resulting in 22%
tree preservation. He said they plan on relocating 16 of the trees on site; the balance
of the trees will be along the trail and around the pond.
He stated they had originally planned for stucco exteriors on portions of the
buildings but since have decided on lap siding.
Stoelting asked staff to address this proposal.
Kipp stated the Board has three questions to address: 1. Should the land remain low
density residential or change to office? 2. Should the land remain I-General or
change to Office? and, 3. Is the transition between land uses adequate? He said
changing to office would be a better land use; it would eliminate the possibility of
heavy industrial use. The transition to office from residential works well. Building
materials meet the code requirement of 75% face brick, glass or natural stone. He
said staff recommends approval of this proposal.
Bill Bader of 15600 Garfield Circle stated he is concerned about access to the trail
and how it will be maintained. He said Venture Lane has a lot of traffic already. He
asked them to address when the traffic will be the heaviest. Mr. Schneider indicated
the office use and people in the area is very low traffic generators and it's very quiet.
He said they will be closed on the weekends and very light use for the access
provided. Bader stated it will be good to get the debris out of there.
Rocheford asked it they had considered garages with the project. Mr. Schneider
responded there wasn't room for them and because of limited access and the
topography it won't be workable.
Sutherland asked if the same piece of land is guided Low Density Residential and
zoned I-General at the same time and how that came to be. Kipp responded the
property had an I-General zoning prior to the development of the guide plan. It was
guided Low Density Residential as part of the Westgate residential neighborhood.
There was heavy wetland and a lot of the property became park.
Fox stated part of that area was the Westgate development which went tax forfeit. A
trucking company is located on one end; it's mixed use waiting for the upgrade of
Highway 5.
Sutherland asked if relocating the 8 " mature pine trees was realistic. Fox responded
it can be done but they need someone who knows what they're doing; they need to
provide adequate after care. There is always a risk when replanting mature trees.
This is not in lieu of tree replacement. If the trees die they need to replace them.
Sutherland asked staff about the 20' lighting fixture which is recommended in the
staff report. The proponent's information indicates 25' fixtures. Kipp responded it is
Planning Board Minutes
April 12, 2004
Page 9
a recommendation. There is usually a base of two feet or so and this height is
recommended to avoid off-site glare.
MOTION by Nelson, second by Kacher, to close the public hearing. Motion
carried 8-0.
MOTION by Nelson, second by Sutherland, a request for Comprehensive Guide
Plan Change from Low Density Residential to Office on 2.6 acres, Zoning District
Change from I-General to Office on 2.6 acres, Site Plan Review on 2.6 acres, and
Preliminary Plat of 2.6 acres into 4 lots,based on plans dated April 7, 2004, subject
to the recommendations of the staff report dated April 9, 2004, to the City Council.
Motion carried 7-0. Abstention: Brooks
C. EDEN PRAIRIE TRANSFER STATION (BFI) by BFL Request for PUD
Concept, Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning
District Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan
Review on 24.32 acres. Location: South of Pioneer Trail and East of Highway 212.
David Wiggins, the General Manager of BFI, presented the project. He introduced
Steve Menden from Wenck and Associates. Wiggins stated in 2001 they built an
addition to the facility. He stated they have a number of larger trucks that replaced
many smaller ones. After operating since September they realized the need to
change some items in the development agreement. To accommodate cleanups on
weekends because dump sites are closed they need to utilize the site for overnight
storage and weekend collections need to be held on site. This would be in conflict
with the development agreement. He indicated each item that needed to be changed
in the development agreement.
Item 2 - Truck Operation
Wiggins said the hours of truck operation entering and leaving the transfer station are
currently limited to 4 a.m. to 7 p.m. Monday through Saturday. He is requesting to
extend the hours of operation to 9 p.m. which would allow for processing of waste and
to clear the facility more efficiently prior to closing.
Item 3 - Overnight Storage
Wiggins said the amount of time for overnight storage is currently limited to a
maximum of 24 hours which doesn't allow for longer storage for weekends,holidays or
during extreme weather conditions or other contingency situations. He said that waste
would typically remain onsite for less than 24 to 48 hours.
Item 4-Maximum Tons Per Day and Item 5—Maximum Tons Per Year Processed
The OEA has recently decided to no longer recommend restrictions on maximum
tonnages due to concerns with being perceived as limiting interstate commerce.
Wiggins stated they have requested an immediate increase to 156,000 TPY and/or an
amount as stipulated in the Transfer Station's MPCA Solid Waste Permit. The MPCA
Planning Board Minutes
April 12, 2004
Page 10
permit modification is also for an increase from 99,000 to 156,000 TPY with a daily
maximum of 700 to 900 tons. Menden stated in the past volumes were set by the office
of Environmental Assistance. The question was raised as to whether it conflicted with
limiting freedom of interstate commerce.
Item 6 - Maximum Number of Trips
The maximum number of trips out of the Transfer Facility per day is limited to 100
refuse collection and 22 transfer vehicles. Wiggins stated they are requesting that this
number be increased to 175 collection and 55 transfer vehicle trips per day,for a total of
230 vehicles per day. Menden stated they must go through the MPCA which regulates
the total number of tons processed.
Item 14—Leachate and Liquid Waste Testing
Currently the Developer's Agreement requires that leachate and liquid waste testing
be conducted at a minimum weekly. Wiggins stated they are requesting that leachate
wastes be sampled prior to load-out and transport for proper disposal as stipulated in
the transfer stations' MPCA Solid Waste Permit.
Stoelting asked for staff input. Kipp stated staff is recommending approval. The
request is not a physical expansion of the site,but rather to increase the number of
tons of waste handled at the existing facility. The City will insist they operate within
zoning and noise ordinances.
Stoelting opened the meeting to public comment. No one commented.
Stoltz asked Williams about current trends and how many years it will take them out.
Williams responded at least ten years.
Kacher asked Kipp if there are concerns or issues with staff. Kipp responded there
are no immediate neighbors nearby and no concerns with land use issues. The
capacity is there to handle it. Williams stated they are inspected monthly by the
Hennepin County Solid Waste Division.
Seymour asked about a memo from Stovring regarding overnight storage. The
recommendation was to limit storage to 125 tons or 5 large transfer trucks. In the
staff report states it should be extended to 350 tons or up to 14 transfer trucks. The
current agreement allows for storage inside the building.
Williams responded it currently allows 50 tons would be inside the building, closed
doors with ventilation to vent gasses. He said they need to go back through to the
state to exceed 156,000 tons per year. There would be a comment period for the City
to address their concerns. This wouldn't inhibit the state's requirement.
Seymour asked staff about the different numbers in the memos. Kipp responded it's
the acknowledgement there will be increased demands over time and the MPC is
involved. Setting out the scope so changes can be applied for directly to the MPA,
Planning Board Minutes
April 12, 2004
Page 11
rather than going through the public hearing process each time to amend the
Development Agreement.
Stoelting asked Gray about truck traffic and potential problems. Gray responded
there has been commercial truck traffic on this site for 30 years. The improved
entrance works well. MNDot will work with BFI if there are any problems.
MOTION by Brooks, second by Nelson, to close the public hearing. Motion
carried 8-0.
MOTION by Brooks, second by Sutherland, a Request for PUD Concept
Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning District
Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan Review on
24.32 acres,based on plans dated April 9, 2004, subject to the recommendations of
the staff report dated April 9, 2004, to the City Council. Motion carried 8-0.
VII. MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Kipp reminded Board members of the April 27 workshop which is a joint meeting with the
Council to review the Golden Triangle Redevelopment Study. He asked Board members to
R.S.V.P. if they had not already done so.
XI. ADJOURNMENT
MOTION by Rocheford, second by Nelson, to adjourn. Motion passed, 8-0.
There being no further business, the meeting adjourned at 9:29 p.m.