Planning Commission - 02/26/2001 APPROVED MINUTES
EDEN PRAIRIE COMMUNITY PLANNING BOARD
MONDAY, FEBRUARY 26, 2001 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Kenneth E. Clinton, Frantz
Corneille, Randy Foote, Vicki
Koenig, Kathy Nelson, Ken Brooks,
Susan Stock, Ray Stoelting
STAFF MEMBERS: Krista Flemming, Planner I
Stu Fox, Manager of Parks and
Natural Resources
Mike Franzen, City Planner
Alan Gray, City Engineer
Scott Kipp, Senior Planner
Leslie Stovring, Environmental
Coordinator
Donald Uram, Community Development/
Financial Services Director
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Corneille called the meeting to order at 7:00 p.m. Present: Chair Corneille,
Commissioners Brooks, Koenig, Nelson, Stock, and Stoelting. Commissioners Clinton
and Foote were absent.
II. APPROVAL OF AGENDA
Motion by Brooks, second by Koenig to approve the agenda. Motion carried 6-0.
III. MINUTES
A. Monday,January 8, 2001
Corneille noted one change on page 7 the paragraph before the last should be
changed to read, "Foote said, `overall the whole site appears to be compliant
according to the guide plan,"'
Motion by Stoelting, second by Nelson to approve the minutes of the January 8,
2001 Community Planning Board meeting as amended. Motion carried, 5-0-1,
abstention Brooks.
Community Planning Board Minutes
February 26, 2001
Page 2
B. Monday,January 22, 2001
Corneille noted a change on page 4 the second to last paragraph should read,
"Corneille said a daycare in a neighborhood commercial area is an appropriate
use."
Motion by Stoelting, second by Koenig to approve the minutes of the January 22,
2001 Community Planning Board meeting as amended. Motion carried, 5-0-1,
abstention Brooks.
IV. STUDENT REPRESENTATIVES-AT-LARGE PROGRAM
Corneille noted this program was established to encourage high school student
involvement and participation in municipal government. The program will provide
student representatives with the opportunity to attend and participate in six City Advisory
Boards and Commissions. Amanda Mount and Greg Swain are in attendance for this
meeting.
Greg Swain a tenth grader at the high school and Amanda Mount a senior at the high
school introduced themselves.
V. PUBLIC HEARINGS
A. LOIS TOBIAS ADDITION by Audrey Simons. Request for Preliminary Plat of
1.4 acres into 2 lots. Location: 9140 East Sunrise Circle.
The public hearing opened at 7:02 p.m.
Scott Kipp, senior planner noted the property is zoned R1-22 and surrounding
land use is R1-22. There is an existing house on the property. The proposal is to
divide the 1.4 acre site into two single family lots. City sewer and water service
stubs are available at the property line for the new lot. The existing house is
connected to City sewer and water. Staff recommends approval of the project.
Prior to City Council, the proponent needs to locate the existing well and septic
tank on the plans. These facilities will need to be abandoned according to City
Code prior to building permit.
Motion by Stoelting, second by Koenig to close the public hearing. Motion
carried, 6-0.
The public hearing closed at 7:04 p.m.
Motion by Stoelting, second by Koenig to recommend approval of the request by
Audrey Simons,request for preliminary plat of 1.4 acres into two lots based on
Community Planning Board Minutes
February 26, 2001
Page 3
plans dated February 6, 2001 and subject to the recommendations of the staff
report dated February 23, 2001 to the city council. Motion carried, 6-0.
B. LIND ADDITION by Eric Lind. Request for PUD Concept Review on 1.18
acres, Zoning District Change from Rural to R1-22 Zoning District on 1.18 acres,
and Preliminary Plat of 1.18 acres into 2 lots. Location: Southeast corner of Eden
Prairie Road and Scenic Heights Road.
The public hearing opened at 7:05 p.m.
Flemming noted the Comprehensive Guide Plan shows this property as low
density residential for up to 2.5 units per acre. It is currently zoned rural.
Surrounding land uses include low density residential to the east, Hwy 312 and
Scenic Heights Road to the north, Eden Prairie Road to the west, and Public to the
south. The adjacent Red Rock Shores development was approved in 1990 with a
density of 1.15 units per acre. A concept plan showing 2 lots on the proposed
project site was reviewed to demonstrate how the adjacent property could develop
in the future. Lot 1 is 21,466 square feet, slightly below the 22,000 requirement.
A waiver is requested because additional right of way for County Road 4 was
granted to the county. Density of the project is consistent with the area at 1.7 units
per acre. Setbacks for the R1-22 zoning district have been met. Lot 1 will keep its
current driveway onto Eden Prairie Road and Lot 2 will have access from Red
Oak Drive through a shared driveway currently located in the right-of-way of
Scenic Heights Road. Grading will result in tree loss of 44 diameter inches, or 4
trees. The Developer needs to provide a tree repalcement plan for 10 caliper
inches prior to City Council review. Staff recommends approval based on the
staff report and plans dated February 5, 2001.
Nelson asked for clairification regarding access to the private drive, whether it
was currently in effect or still an issue that needed to be agreed upon.
Gray said a portion of the driveway for the house to the east is in the public right-
of-way; that would be shared. That was built by MnDOT and exists in the original
public right of way for Scenic Heights Road. Rather than connect the existing
house to Scenic Heights Road, MnDOT reconstructed the driveway and took it
out to Red Oak Drive. It can be shared by both parcels. They will have to enter
into an agreement to share maintenance of the driveway.
Koenig asked for clarification on the staff report, it says in 1990 the adjacent Red
Rock Shores development was approved at a density of 1.15 units per acre and the
current preliminary plat is consistent with the area at a density of 1.7.
Flemming said the lot sizes are consistent with the area. The gross density of the
Red Rock Shores project included a portion of area not suitable for development
that was maintained for open space.
Community Planning Board Minutes
February 26, 2001
Page 4
Jerry Minot, 8434 Red Oak Drive said he disagreed with what was being done
with the driveway. He is counting on the City's Community Planning Board to
take care of them. When the Highway 312/Scenic Heights Road project was
started,his was the only house where there was a major impact; it cost$500 in
repairs for the sprinkler system. He said Rod Rue told him they forgot to include
their driveway in construction plans and it needed to be moved. The City has not
reimbursed him for the sprinkler system. The enlargement of driveway is a
negative, it is over 2000 square feet. He wanted the driveway on their property
and was told it had to be this size to accommodate their property and it was on
their property. The land boundaries were never marked. He believes there was a
verbal contract that the driveway was on their property. He was told they would
have more land on the other side of the driveway. Later, he spoke with staff and
was told he could not have the land. He was not happy with how the staff worked
with him to reconstruct his driveway. He extended his sprinkler system to the
other side of the driveway. If the driveway is shared between lots, it won't be
safe, and will be dangerous for children. There should be other alternatives such
as Scenic Heights Road or Eden Prairie Road. He has lived in Eden Prairie for 17
years and does not believe interests should be minimized.
Corneille asked staff to comment.
Gray said he had not spoken with the residents regarding alternatives. Staff can sit
down with the residents and work with them. As he understands their concern
about the right-of-way is in sharing the driveway (safety). One choice is a right-
in right-out. The problem is that every time the owner enters the property it would
have to be approached from the west and could result in U-turns around the
median. The second alternative would be an opening in the median allowing a
left-in. There is a problem with the volume of traffic on Scenic Heights Road.
Shared driveways are not uncommon in Eden Prairie, especially along higher
volume roadways.
Minot said his first choice would be a cut in the median one-way. Other
alternatives may be acceptable. Take the driveway entrance onto Red Oak Drive
and move the entrance back, cut the driveway in as a straight driveway. It would
give distance between the house and where kids play.
Gray suggested there needs to be some detailed discussions beyond this meeting.
Eric Lind said he supports the continuance;his original intent was that the
driveway would come off of Scenic Heights Road and straighten the shared
property line between his property and the existing home. The Minots chose not
to continue with their project after they found out they would need to share their
driveway.
Community Planning Board Minutes
February 26, 2001
Page 5
Motion by Brooks, second by Stoelting to continue this item to the March 26,
2001 meeting, so that staff can meet with the resident to come up with alternative
plans.
Nelson said she agrees with the continuance and before the issue comes back she
would like to see an alternative plan or a written cross access and maintenance
agreement if the driveway continued to be shared.
Motion carried, 6-0.
C. WOODBEAR HIGHLANDS by Bill Bearman. Request for Comprehensive Plan
Amendment to add 10 acres within the Metropolitan Urban Service Area
(MUSA), Planned Unit Development Concept Review on 15.76 acres, Planned
Unit Development District Review with waivers on 15.76 acres, Zoning District
Change from Rural to R1-13.5 on 15.76 acres, and Preliminary Plat on 15.76
acres into 31 lots and road right of way. Location: 9630 Eden Prairie Road.
The public hearing opened at 7:30 p.m.
Bill Bearman, developer presented the PUD concept plan. The guide plan shows
single family residential. 31 lots is just under 2 units per acre. It is a heavily
wooded area. They were asked to have no driveways onto Eden Prairie road.
Therefore, the cul de sac is 620 feet long. City ordinance says a cul de sac can
only be 500 feet long. The plans show how MAC's future expansion of the Flying
Cloud Airport will affect the property. The 65 decibel line from MAC proposed
expansion comes along the bottom part of Eden Prairie Road. The proposed safety
zone B splits the area in half.
Kipp said the development of single-family lots is consistent with the Low
Density Residential guiding for the property and surrounding area. MAC has
received approval from its commisson to acquire this and other properties shown
as part of the proposed expansion of the airport. The property is being reviewed
according to existing airport conditions. Therefore, there is no need to keep the
property outside the MUSA. The timing for the project will depend upon the
reconstruction of Eden Prairie Road and extension of municpal sewer and water to
serve the site. Alignment and grade of Eden Prairie Road adjacent to the project
may require changes from its current alignment and grade to meet design
standards,which may result in additional right of way dedication. The waiver for
cul-de-sac length may have merit since it will provide internal acess for all lots.
Staff recommends approval of the project.
Gray said Bearman indicated they were designing sewer and water along Eden
Prairie road just north of Riley Creek. It is part of a feasibility study. He would
expect that the improvements would be complete not this year but in 2002. The
timing of the project would have to be deferred until the city proceeds with
Community Planning Board Minutes
February 26, 2001
Page 6
upgrading of Eden Prairie Road and extension of utilities south of the creek.
Neighborhood meetings will take place to assess interest of the property owners.
Robin Smith owns the property directly southwest of the proposed project and is
concerned that the project shows where the roads would meet and encroach on the
home he intends to build. He has zero interest in developing his property and
neither do his neighbors. In terms of long term ramifications, they should not
assume he or other neighbors in the area are interested in extending roads or
developing land. A trunk utility would create an undue burden on the rest of them.
He is concerned over this rush to develop; others in the area should be considered.
Bruce Olson, Beverly Drive, said he was in the same area as Robin Smith. The
road would need to come through their property. He does not want to develop and
does not want sewer and water. He objects to the roadway affecting his land.
Motion by Stoelting, second by Koenig to close the public hearing. Motion
carried, 6-0.
The public hearing closed at 7:47 p.m.
Gray said long term they could not have all the roads in the subdivision be dead-
ends. When in the future the other properties in the area look at further
development there must be alternatives for access. Ultimately what the market
will do is further subdivide, although it is not the intent of the current property
owners. Sky Lane and Beverly Drive will eventually be connected to other
roadway systems. There are also utilities that will be stubbed to other systems.
Nelson asked about the size of the homes and type of development. She expressed
concern about airport noise.
Bearman said the lot size would begin at approximately 17,000 square feet and
homes would be priced at approximately $350,000 to $900,000.
Kipp said new home construction codes and standards would meet the
Metropolitan Council's guidelines for a 25 decibel reduction from outside to
inside.
Nelson asked whether there was an expectation of a timeline for development and
whether MAC planned acquisition.
Kipp said MAC has obtained the authority to purchase the property,but has not at
this time. The project is being reviewed based on the current Comprehensive
Plan.
Stock asked about utility extension south of Riley Creek and the time frame.
Community Planning Board Minutes
February 26, 2001
Page 7
Gray said the utility corridor would be Eden Prairie Road and there was no
definite time frame because the Council has not ordered a feasibility study.
Permits to proceed would not be granted until a feasibility study was ordered.
This is similar to the process followed during Settlers Ridge.
Corneille asked what would happen with the utility extension if MAC purchased
the property.
Gray said there were other properties in the area requesting the feasibilty study.
This project is not a driver for the feasibility study for utility and street
improvements. Informational meetings will take place.
Corneille asked why the feasibility study would not take place before
consideration of this project.
Gray said in areas like this it is not uncommon to see the development community
take the first step and to bring the preliminary plans for a project forth in advance
of authorization of the feasibility study. There is consideration of the plan but then
implementation would need to await a feasibility study. A time frame cannot be
guaranteed.
Stock said she was confused on the timing and how it relates to MAC. If the
airport expansion takes place this property would be within the safety zone.
Kipp said the airport expansion has not been decided yet and the City has to make
decisions on the current comprehensive plan.
Stock said what happens if this plan is approved and then the airport expansion
goes through.
Kipp said that MAC can acquire the site. If MAC does not acquire it the
development would proceed based on the timing of the approved extension of
utilities. MAC would continue its review of the EIS and submit it for approval by
the FAA and Environmental Quality Board before proceeding with any airport
expansion.
Stoelting asked about the disclosure statement to be included in the Developers
Agreement.
Kipp said the disclosure statement would provide homeowners notification of the
future plans under consideration by MAC.
Stoelting clarified the extension of utilities was planned.
Gray said Council had not authorized a specific feasibility study for extension of
utilities south of Riley Creek along Eden Prairie Road.
Community Planning Board Minutes
February 26, 2001
Page 8
Kipp said the requirement of a Developer Agreement is a standard practice for all
developments.
Stock asked about the cul de sacs dead ending and exceeding 500 feet.
Gray said the one cul de sac shown is longer than 500 feet. The design allows
avoidance of access onto Eden Prairie Road. Without road extensions planned for
the future extension all the roads would be dead ends. There would be issues
about emergency access if there are all dead end road systems. The policy is no
unnecessary cul de sacs.
Koenig said a 38% tree loss high. With the additional right of way that may be
needed with reconstruction of CSAH 4 there may be additional tree loss; how will
this be addressed when the time comes if the Developers Agreement has already
been approved.
Gray said the reconstruction of Eden Prairie Road and any tree loss in the right-
of-way would be part of a City project.
Kipp said the house pad for lot 18 may need to shift based on any additional right-
of-way. The house can shift farther to the west potentially affecting a couple of
additional trees. This will be addressed in the Developers Agreement.
Nelson said developing the remaining southwest area of the city piece by piece,
there is a concern that not everything is platted into large lots with large homes.
There should be a possibility for medium sized detached housing, how would they
ensure a mix of lot sizes and house sizes.
Kipp said according to the Comprehensive Guide plan, farther west the
concentration of multifamily is along collector and arterial streets. Land values go
up day by day. They can't guarantee a variety of lot size. As they review future
projects in terms of environmental issues, smaller lots and density transfer to
conserve the environment would provide this opportunity. Eden Orchard dealt
with large lot single family near bluff, and moved toward smaller lot single family
and multi-family northward.
Koenig said they have been changing the guide plan and increasing densities in a
number of areas in the past few years. The southwest is so sensitive
environmentally; they are trying to make up with areas that can sustain it better
from environmental and traffic points of view, so they can have larger lots and
less impact in the southwest.
Corneille said after approval there would still be a feasibility study. He would like
to reevaluate the project based on the study results and neighborhood meeting
feedback.
Community Planning Board Minutes
February 26, 2001
Page 9
Gray said there is a possiblity after completion of the study that the Council may
decide not to extend utilities south of Riley Creek. Historically that is very
unlikely. Development of this property could not proceed without utility
extension. While the airport and MAC makes it more complicated it will proceed.
He doesn't forsee any technical complications that would make it unfeasible.
There will be grade changes. Existing grade is 11-12% and it will be reduced
down to 8%.
Motion by Nelson, second by Brooks to approve the request for Comprehensive
Plan Amendment to add 10 acres within the Metropolitan Urban Service Area
(MUSA), Planned Unit Development Concept Review on 15.76 acres, Planned
Unit Development District Review with waivers on 15.76 acres, Zoning District
Change from Rural to R1-13.5 on 15.76 acres, and Preliminary Plat on 15.76
acres into 31 lots and road right of way based on plans dated February 21, 2001
and recommendations in the staff report dated February 23, 2001.
Koenig said it seemed out of sequence so she was not comfortable with it. New
construction will improve things but Flying Cloud expansion would affect the
homes' values.
Stoelting concurred. He said it was not a comfortable decision but there were
some contingencies built in. Staff has built in contingencies.
Brooks said that may be true with the MUSA line and feasbility study and utilities
but they should not wait for MAC to make a decision. Staff recommends
approval; this is not an unusual procedure.
Corneille said this was the best decision they could make with the information
before them.
Motion carried, 6-0.
D. LIBERTY PLACE by Liberty Limited Liability Partnership. Request for
Planned Unit Development Concept Amendment on 6.84 acres, Planned Unit
Development District Review with waivers on 6.84 acres, Zoning District
Amendment within the Office Zoning District on 6.84 acres, and Site Plan
Review on 6.84 acres. Location: Smetana Lane.
The public hearing opened at 8:26 p.m.
Rick Wieblen, VP development Liberty Property Trust, said they were here to
request approval of the Lake Smetana office building. Last year they completed a
1 story 90,000 square foot office warehouse development as part of the Liberty
Place project approval. The original approval included a 3 story, 81,000 square
foot office building. The proposed project is a one story, 5,600 square foot
Community Planning Board Minutes
February 26, 2001
Page 10
facility similar to the Flying Cloud Corporate campus. They agree with staff
recommendations.
Flemming said staff recommends approval of the project based on the staff report.
there will need to be one change to the lot line; they need to show all the parking
on site and will adjust the lot line according to the attached diagram.
Motion by Stoelting, second by Brooks to close the hearing. Motion carried, 6-0.
Stoelting said there previously was an issue with the height of building and that
was no longer an issue.
Motion by Brooks, second by Stoelting to approve Liberty Limited Liability
Partnership's request for Planned Unit Development Concept Amendment on
6.84 acres, Planned Unit Development District Review with waivers on 6.84
acres, Zoning District Amendment within the Office Zoning District on 6.84
acres, and Site Plan Review on 6.84 acres. Motion carried, 6-0.
VI. MEMBERS' REPORTS
VII. CONTINUING BUSINESS
VIII. NEW BUSINESS
IX. PLANNERS' REPORTS
Flemming said there needed to be a motion for the TIF district for the Rolling Hills senior
project 142 units for independent and assisted living. The assumption of the affordability
component via TIF was there at the time of development. At the time of approval
specifics had not been resolved. Now they should approve as relates to the livable
communities act.
Nelson said she approved seeing some two bedroom units instead of just one would like
to see more.
Motion by Koenig, second by Nelson to approve the use of TIF for 29 affordable rental
units for the Rolling Hills Senior project consistent with the city's comprehensive plan
and housing goals. Motion carried, 6-0.
X. ADJOURNMENT
Motion by Stoelting, second by Koenig to adjourn the meeting. Motion carried, 6-0.