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Planning Commission - 09/22/2003 APPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY, SEPTEMBER 22, 2003 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, Paul Sodt, Bill Sutherland STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Mike Franzen, City Planner Al Gray, City Engineer 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: Sodt, Sutherland II. APPROVAL OF AGENDA MOTION by Steppat, second by Foote, to approve the agenda. Motion carried, 7-0 III. MINUTES A. Minutes of the September 8, 2003 Community Planning Board Meeting Foote stated that on page 4, 7th paragraph, the first line should read, "Foote stated he would agree with Seymour that the sign ordinance is effective as it stands but he wouldn't be against reviewing it in the future." Koenig stated on page 8, last paragraph, third sentence should read, "Koenig asked if the testing of water quality includes drinking water." MOTION by Foote, second by Nelson, to approve the minutes of the September 8, 2003 Community Planning Board Meeting. Motion carried, 6-0, Brooks abstained IV. PUBLIC MEETINGS Planning Board Minutes September 22, 2003 Page 2 V. PUBLIC HEARINGS A. VARIANCE#2003-08 for Glazed Investments, LLC, for property located at 12950 Technology Drive, Eden Prairie, MN A front yard setback variance from 35 feet to 31 feet for the northeast corner of the building in the Commercial Regional Service Zoning District. Dennis Trisler of Glazed Investments, LLC,presented the variance. He stated when the foundation was put in, the piles were driven 8 feet off from the approved plan. The foundation could be moved four feet but they would have to abandon 20 of the piles. After they moved the footings another survey was done and they discovered that the building was four feet into one of the setbacks. Because the site is skewed on the northern edge, the measurements didn't include this area and were off by eight square feet. Stoelting asked if they moved the building pad when they discovered there was a problem. Trisler responded it was off by eight feet so the engineer stated they could move it 4 feet, which they did,but discovered part of the building was still in the setback. Franzen stated mitigation for the variance could be the large right of way at the intersection. There is 111 feet between the building and curb, the normal distance is 46 feet. Foote asked if this has happened in the past. Franzen responded there are one or two per year. Usually from buildings built 20 to 30 years ago such as Shady View Office Building located at Shady Oak and Valley View Road which had parts of the building in the setback. Nelson stated it seems the company did what they could to make it right and given the fact they tried to mitigate it, the variance is reasonable. Brooks stated it's fortunate it's not a lot of square footage. He asked staff if a fee had ever been assessed in a situation such as this. Franzen responded it has not. MOTION by Steppat, second by Koenig, to close the public hearing, Motion carried, 7-0. MOTION by Steppat, second by Nelson, to recommend approval of the following variance: A front yard setback variance from 35 feet to 31 feet for the northeast corner of the building in the Commercial Regional Service Zoning District. Planning Board Minutes September 22, 2003 Page 3 Motion carried, 7-0 B. VARIANCE#2003-09 for James and Paula Paal, for property located at 16555 Hilltop Road, Eden Prairie, MN A front yard setback variance from 103 feet to 88.5 feet for the construction of a 22'x 34' garage addition in the R1-22 Zoning District. James Paal of 16555 Hilltop Road presented the variance request. He stated he is requesting the variance in order to build a 22 x 34 addition to his garage. He said there was only 19 feet to the setback which was not enough to build the addition and,because of that, they are asking for a variance of 14 1/2 feet to the 103 foot front yard setback. Franzen stated this neighborhood was built in the 60's. The homes have been built with different setbacks and looking at the location of the garage and the neighborhood overall, the variance is not out of character. Code states when more than 40% of the neighborhood is developed, they need to look at the setbacks of the structures on each side of the home. There is a structure on one side which has a setback of 103 feet. Mr. Paal is asking for a setback from 103 to 85.5 feet to build the garage addition and he would like to convert the existing garage into living space. There are a number of options listed in the staff report but the location of the garage addition which he has requested is the best alternative. Bill Barth of 16481 Hilltop Road, who lives east of Paal's property stated he had no objection to the variance request. Nelson stated given the eclectic nature of this neighborhood, it would be reasonable to allow the variance. Steppat agreed it doesn't seem to be out of character with the neighborhood. Foote agreed it fits well and if the neighbors don't have any problem with it then it seems appropriate. MOTION by Steppat, second by Koenig, to close the public hearing, Motion carried, 7-0. MOTION by Nelson, second by Koenig, to recommend approval of the following variance: A front yard setback variance from 103 feet to 88.5 feet for the construction of a 22'x 34' garage addition in the R1-22 Zoning District. Planning Board Minutes September 22, 2003 Page 4 Motion carried, 7-0 C. EDENVALE VILLAS by Brenshell Development Corp. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres, Planned Unit Development Concept Review on 5.01 acres, Planned Unit Development District Review on 5.01 acres, Zoning District Change from Rural to R1-9.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 15 lots. Location: 6525 Birch Island Road Chuck Alcon, representing Brenshell Development, presented the project. He stated the project came before the Board in July for an informational meeting. The Board directed the developer to address several issues including storm water treatment, street layout, density and buffering of existing homes. Sanitary sewer is at the edge of the property. He stated there was a question regarding the placement of a NURP pond on the north side of Birch Island Road. He said because there would be heavy tree loss in that area that is not being considered. The suggestion of the use of rain gardens, which is an infiltration system, would not be appropriate for this site since the development is not large enough. He said citizens suggested small ponds near the wetland area which does not fit the scope of this small development. An on site NURP pond is adequate and will not involve removing too many significant trees. The street has been addressed and the through street provides traffic distribution entrances and exits. There are plans for improvement of Birch Island Road in the area of the sanitary sewer. There are three villa designs and variations so that housing will not be identical. Density on the east is 3.15 units/acre and in the west 4.3 units/acre. The plan proposed is 2.99 units per acre which is less than either of those. Buffering of existing homes has been addressed with retention of a tree line on the western border and relocation and planting of trees on the east. Franzen stated the question before the Board is whether there are reasons to change the guide plan. He said when a proponent asks for a guide plan change there are things the City can ask for that couldn't be required without a guide plan change. The City can require variations of building architecture, different colors, buffering, and can get a product type which is available in very limited numbers. This product is geared toward older active adults who want more of their living quarters on one level. Staff is recommending approval as it's a reasonable use of the property, similar to the smaller development to the east. Stoelting asked about the reason for the waiver. Franzen responded it is for reduced street frontage. Vicki Miller, 6638 Kara Drive, stated she is concerned about the through street and continues to support the cul-de-sac. There are excessive speeds on the roads in the area and an additional through street will cause more problems. A cul-de-sac will give the community more privacy and less traffic. Planning Board Minutes September 22, 2003 Page 5 Jeff Strate of 15021 Summerhill Drive stated he finds merit in installing the cul-de- sac in this area. He said he appreciates the concerns about access and emergency issues,but believes there is a way to put it in that will allow for access. He mentioned areas with cul-de-sacs, such as Forest Hills Road, Howard Road and Cedarcrest Drive, and how they have worked well with access with no problems. He said residents are concerned about maintaining as much of the rural feeling of the Birch Island area as possible and he is supportive of the development and want it to contribute to the special feeling of this area of the City. He showed an aerial photo of the area and stressed the importance of the natural aspect of the Birch Island Woods area. He said it was important to keep the buffer between the new development and Birch Island Road as compatible with the area as possible. By using vegetation that compliments the woods rather than standing out. A cul-de-sac might result in more land for the developer by keeping the fifteen homes. He said they have been working with public and private entities regarding operating a Heritage District. All the residents in the area could meet and discuss the area's future. There's a strong feeling that Birch Island Road should be complementary to the Birch Island Woods area. He stated the rainwater runoff pond would work along Edenvale Boulevard north of Birch Island Road. It may not work in the wetland area but it could be work on the site. He stated the concern with the overflow of the pond which will go underneath Birch Island Road. He said they want to make sure the culvert is done right to protect the woods. A new woodchip trail will go in the area in the future. The culvert and rip rap should be landscaped and complementary to the woods. Foote stated he wasn't at the meeting on the 14'h and asked for clarification regarding the cul-de-sac discussion. Gray responded a number of examples were pointed out where cul-de-sacs have been used. This property would be expected to have the through street design. If asked which connection might be difficult would be the Edenvale Boulevard connection because it has larger traffic volume, introducing a low volume residential street connection to it which creates a conflict but is still acceptable. The connection to Edenvale Boulevard represents a challenge because it is angled. When looking at a street such as Howard Lane there was an issue with connecting it through because it would connect Valley View Road and Edenvale Boulevard. The issue was whether it would become a street to serve the neighborhood and also provide a through connection. When you look at this one it's not a through connection, it serves the neighborhood which would add 70 to 80 vehicles per day which is low volume and doesn't raise significant traffic issues. This plan is consistent with general policy of no unnecessary cul-de-sacs. Looking at the traffic volume that might be added to Birch Island Road there is no measurably significant number to affect the operational and character aspects of the area. Planning Board Minutes September 22, 2003 Page 6 Foote asked if we suggested a cul-de-sac will they be able to maintain the 15 lots. Gray responded that's possible but if they came in with another proposal including a cul-de-sac, the developer would need to justify that. Steppat stated that he lives on a cul-de-sac which seems to have as much traffic as the adjacent through street. He said a cul-de-sac isn't necessarily going to be a safer option than the street. Steppat stated the design changes and variations are well done. Koenig asked the price point of the homes. She stated she likes the product and there should be a market for it. Bill Kaufmann of Brenshell Development responded they are villas aimed at empty nesters priced from $500,000— 650,000. Brooks stated liked the comments on the cul-de-sac and understands neighborhood concerns with traffic. He commented that the developer did a nice job addressing the issues from the prior meeting. He asked if there were sidewalks along Oak Terrace. Developer responded there were not. Brooks asked if that's typical of new areas. Fox responded with an infill development if there are no existing sidewalks, which is the case with this development, than the City doesn't require them. Nelson asked if there is a fence behind the NURP pond. She is concerned about the expression of neighbors regarding access to the pond by children. Alcon responded there is a retaining wall 1 —3 feet high and no fence. The pond is 6 1/2 feet deep. Nelson asked if he would be willing to put up a fence to make it more difficult to get to the pond from the adjacent houses. Alcon responded it would be possible but would not know where to end it. Nelson stated to suddenly have a pond in your backyard which wasn't there when you moved in would be a concern to parents with small children. She said she would like to see a fence line somewhere along the pond area to slow children down. Stoelting asked staff to address safety standards in regard to NURP ponding. Gray responded it becomes a balance between safety and aesthetics. The City maintains many NURP ponds throughout Eden Prairie. They are integrated into neighborhoods and commercial/industrial areas. Many of the natural bodies of water are also a hazard. The ponds are not fenced as people who live near them generally don't want them to be as they are not as desirable aesthetically. Also, a fence may become an impediment if someone fell in and emergency crews couldn't get to them. He said he wasn't aware of any communities that fence NURP ponds. Stoelting asked if there is anything that can be done regarding the concern, in particular, the depth of the pond. Gray responded that there is only a small area that is 6 feet deep. He said they could extend the pond to the south and reduce the depth to 4 feet. It's an issue of whether four feet is that much of a difference if talking small children. Stoelting asked if the pond will drain dry or will there be standing Planning Board Minutes September 22, 2003 Page 7 water. Gray responded there may be times it is dry and should have standing water most of the time. Stoelting asked the developer to address the culvert and rip rap. Steve Johnston of Landform stated the outlet of the pond is planned to be at an existing culvert and downstream would put in rip rap to match the grade and they won't be removing vegetation. Alcon asked the board to look at the landscape plan for Lots 7 and 8 tree replacement. There are significant tree plantings all along the birch Island Road. Existing trees are retained. Koenig stated she is not in favor of a fence. Whenever a homeowner lives near a body of water it's a matter of personal responsibility. Foote stated he supports through streets rather than a cul-de-sac. He didn't believe there would be any excess traffic with this small development. Koenig stated she is not concerned about the through street. She said she is more concerned about the effect on Birch Island Woods when the street is upgraded which will be detrimental to the area. She asked staff to address that and whether it can be left alone and not upgraded,particularly the section that's being developed now. Gray responded that people don't want gravel streets. It will be a two lane roadway and portions are already paved with curb and gutter. He said they are open to suggestions as to how to do it differently but they are doing minimal improvements. Foote asked why there would be an alternate location for the NURP pond with Birch Island Woods. Gray stated there were suggestions to look at other alternatives. Since there wasn't any culvert in that area to hook up to, the plan was not workable. MOTION by Brooks, second by Seymour, to close the public hearing. Motion carried, 7-0 MOTION by Brooks, second by Seymour, to approve a Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres, Planned Unit Development Concept Review on 5.01 acres, Planned Unit Development District Review on 5.01 acres, Zoning District Change from Rural to R1-9.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 15 lots,based on plans dated August 26, 2003, subject to the recommendations of the staff report dated September 19, 2003, to the City Council. Motion carried, 7-0 Koenig asked staff if there are speed limit signs posted on Edenvale Boulevard. Gray responded it is posted and he stated he had a discussion with a patrol officer regarding hand held radar which they have used to survey speeds in the area. He Planning Board Minutes September 22, 2003 Page 8 said they have people use the radar and they realize that speeds are not as high as they thought they were. The speeds on Edenvale Boulevard are posted at 30 or 35 m.p.h. He said additional signs probably won't make a difference. Most people are very conscious of speeds on the road. D. 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 5 lots. Location: 9780 Brookview Circle Perry Ryan of Ryan Engineering presented the item. He stated the site is guided low density and they are asking for R1-22. The tree loss is at 42%. He said they reviewed several concepts regarding tree loss and they felt larger homes may reduce tree loss. He said that they have put together five concept plans, each with changes in access to the property. He stated Concept A was the concept plan in place when the development to the north was laid out. He compared the various concept drawings and said all of them were at an estimated 35% tree loss. Ryan stated the house styles were the most challenging because of the unconventional architecture. Most desirable architectural style would be to access the homes on the north side of the road to have a traditional walk out unit. He stated they were proposing Concept E and the staff report is based on that plan. Franzen stated there was a development approved in 1981 called Creekridge Estates which consisted of lots with a minimum size of 5 acres. There was a plan for a subdivision that showed how the area would be developed if sewer and water were available. At that time, there was no tree ordinance. In 1990, the code was developed to determine tree loss and mitigation. The average tree loss for residential developments is 35% when the development includes installation of public roads. When private roads are considered, there should be considerably less tree loss. Steppat asked about the concerns regarding the access point on Hennepin Town Road. Gray responded that access point has been reviewed for site distance and is adequate. He said Hennepin Town Road is a 40 mile per hour road and he didn't think that was going to change. Ben Roy of 9785 Brookview Circle stated he thought this was a good development and doesn't want to see individual drives going up to each of the lots. Planning Board Minutes September 22, 2003 Page 9 Vicki Hegedus of 9825 Brookview Circle stated she was disappointed they are developing the lots at less than 2 acres each. It's a unique area and are against having one lot so small isn't good. Maureen Groth of 10571 Estate Drive said her home abuts the site and where Hennepin Town Road and Bluff Road intersect the road is very steep. There are traffic problems and access off that road would be dangerous. Brookview Circle is adequate for that number of homes. David Smith of 9784 Brookview Circle stated the street is unique in that it is private and forested on both sides. He said the neighborhood would like to preserve the feeling of a country lane. The issue of percentages and dealing with trees is confusing. Putting in a driveway along the north end will preserve the character of the neighborhood. They will be able to look out at the country land below. The slope of the land makes it difficult for building but is beautiful in its natural state. Hennepin Town Road has traffic that travels too fast and adding another access to the road could cause more problems with traffic. The solution isn't whether there's another driveway on the road, the issue is traffic. The neighborhood would like to see the natural state of the area preserved and Concept E does that and they feel it is the best plan. Stoelting asked staff to address the traffic issue concerns with Concept E and also tree loss for each concept. Gray responded because this is a relatively small project, traffic volume is not a substantial concern. The issue is whether there is significant traffic on Hennepin Town Road. There could be enforcement issues on that road and there will be mitigation in the future when the 169 intersection improvements take place. Within five years there will be a reduction in the traffic resulting from the changes with 169. Stoelting asked whether it would be better to put in another road rather than using an existing road. He asked staff if there were safety concerns. Gray responded if they could utilize the existing street that would be preferred. The subdivision has large lots and they will need to take access from Brookview Circle. It's difficult topography and the question is how to respond to public safety and if the driveways aren't off Brookview Circle this could present problems. Fox responded that the tree loss figures include only significant trees. Since 1986, projects have been evaluated regarding tree loss and this resulted in an average of 35% maximum tree loss in a project. He said when staff looks at a plan to evaluate tree loss, it's based on what's presented in the plan taking into consideration the grades, and topographical factors. The initial concept plans for Brookview Ridge involved mass grading and the more recent plan shows retaining walls. The retaining walls in Concept E which range from 6 to 15 feet in height will bench in Planning Board Minutes September 22, 2003 Page 10 building pads to reduce the amount of grading which in turn will reduce tree loss. It's important to make sure the walls are stable and won't collapse resulting in additional tree loss. He said sewer and water connections aren't available on Brookview Circle and they will need to determine how to get them to the site due to the steep incline to the homes. The NURP pond was not addressed and there is one in the corner which takes out a mass of trees. Nelson asked if any of the plans have the private drive up where Concept E does but rather than out to Hennepin Town Road connect with Brookview. Ryan responded that Concepts B and C did Nelson stated if the road was a dead-end, the homes could front the rear walkouts. She stated having one entrance rather than two is better for traffic. Brooks asked the price point of the homes. Kaufman responded they would be in the $700-800,000 price range. There will be a large number of trees lost. It needs to be compared to other sites. There is no other alternative than to eliminate lots. Brooks asked due to the unique characteristics of the site if it would be possible to consider fewer lots. Kaufman stated have reached a point that they are comfortable with this number of lots. Brooks asked if they had estimated tree loss if they removed one lot. Kaufman responded there would still be as much grading,just one less house footprint and the number of trees saved would not be significant. Seymour asked if there are fewer safety issues if lots access Brookview Circle rather than Hennepin Town Road. Franzen responded yes with the plan as proposed one issue is how do emergency vehicles locate a house if the addresses are not in a normal location off Bridgeview Circle. In terms of fire protection they are not going to park a rig near a burning building but will park as close as possible. there may be a situation that requires sprinkling systems in the houses. Foote stated he like the R1-22 zoning. The large lots fit well. Is it possible to access these lots with a driveway from each lot onto Brookview. Ryan responded it is possible and shown in Concept A. Foote stated he doesn't like the idea of allowing access onto Hennepin Town Road. Koenig stated she would like to see a plan that shows less density. Because the site is so steep and heavily wooded, there will be a huge difference in tree loss. She would like to see a plan for fewer lots. In terms of access she agreed that access onto Hennepin Town Road doesn't seem like a good idea. Steppat stated there is a difference between the proponent, neighbors, and staff regarding access and tree loss. He said he would support continuing the item to another meeting. He said he liked Nelson's suggestion of an alternative access since less tree loss would be desired. Planning Board Minutes September 22, 2003 Page 11 Nelson agreed with Steppat that the item needs to be continued. The Board needs to look at other options and there's work to be done with the site plan. Diana Johnson of 10583 Estate Drive asked why they would want to put in a private drive which would be very obtrusive to Pine Estates. There are only three driveways in Brookview Circle. Access should be from Brookview Circle. Foote stated he agreed with the resident's comments and in regard to a dead-end road he would want the City's Fire Marshal to review access. Koenig stated she would like to see a plan with fewer homes. MOTION by Brooks, second by Koenig, to continue to the October 27, 2003, meeting based on the recommendations for Option 2 of the staff report dated September 19, 2003. Motion carried, 7-0 VI. MEMBERS REPORTS VII. CONTINUING BUSINESS VIII. NEW BUSINESS IX. PLANNERS' REPORTS X. ADJOURNMENT MOTION by Koenig, second by Steppat, to adjourn. Motion carried, 7-0 There being no further business, the meeting adjourned at 9:05 p.m.