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HomeMy WebLinkAboutCity Council - 02/03/1976JOHN FRANE EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 3, 1976 7;30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Sidney Pauly, Joan Meyers and Tim Pierce COUNCIL STAFF: City Manager Roger Ulstad; City Attorney +laden Perbix; Planner Dick Putnam; Finance Director John Franc; Director of Community Services Marty Jessen; Engineer Carl Julie; Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS II. PUBLIC HEARINGS A. Condon/Naegele Realty Company PUD, request for PUD concept Oen approval for approximately 165 acres and rezoning of 4 sites within the PUD to Regional Service Commercial for 4 auto dealerships. The PUD is located north of 1-494 in the MCA and south of Smetana Lake and Nine Mile Creek. Page 1710 B. Maple Leaf Acres request for preliminary approval and rezoning Page 1766 from Rural to RI-13.5 and RM 6.5. The site is located east of T.H. 101 and south of Duck Lake Trail. C. Skelly 011 Company Rezoning Request, from 1-2 Park to Highway Commercial for their station remodeling and possible future • restaurant. The site is located at 15251 West 78th Street. D. Community Development Block Grant Funds for 1976 (Continued Public nearing from January 27, 1976). • E. Request for Public Hearing for Muriel Humphrey Residences (Fraser School). III. REPORTS or orrIcrns, BOARDS & COMMISSIONS A. Reports by Council Members. Page 1799 Council Agenda - 2 - Tuesday, February 3, 1976 B. Report of Planning Director 1. Recommendation of the Planning Commission on Purgatory Creek Open Space Corridor Study. C. Report of Finance Director 1. Clerk's License List. D. Report of City Manager 1. Personnel Resolution. Page 1-7431. I1P . Page NM • 2. Letter from George M. Hansen Company dated Tantiary 20, 1976. Page 3. Request from South Hennepin Human Services Council. IV. NEW BUSINESS V. ,ADIOURNMENT. :approved Plz,ming Commission Mitiutes -3- Jan. 12, 1976 B. Condon/Naegele Realty Company PUD, request for PUD Concept Plan approval for approximately 165 acres and rezoning of 4 sites within the PUD to Regional Service Commercial. The PUD is located north of 1-494 in the Major Center Area and south of Smetana Lake and Nine Mile Creek. The planner reviewed the background information todate, and felt the revised plan clearly illustrates the proponents position on the issues. He believed the original staff report outlined the concern that the rezoning request is being made without detailed plans. He stated the Parks, Recreation and Natural Resources Commission is concerned with impact upon the creek resource and with the absence of the study it is hard to determine how muc h dedication is needed. Sorensen questioned if the road is placed between the development and the open space area would it produce larger lots, and if so what would happen with the wooded area. The planner believed such a road location would be difficult and felt another alternative would be to place the road along the floodplain. Brauer said they are illustrating the worst condition that would happen and it is possible that someone might buy 30-40 acres and only a private drive would be necessary. Sorensen suggested higher standards be set so the worst will not occur. Bearman inquired as to the future traffic projections off Washington Avenue. Brauer reported the projection is 5,700 for a 24 hourperiod for the 4 auto dealerships and the road at the east end of the property would have approximately 2/3 of the 5,700 volume. Lynch asked what would happen if the Ring Road is not constructed. Brauer stated the access would be graded to accommodate the future Ring Road. Pauly inquired why the auto dealership is proposed on a site that requires substantial cut and fill. Brauer responded that this site, like the Grossman proposal,has good freeway access and is located in the MCA both being high priorities in the location of auto dealerships. Sorensen asked if the staff is still suggesting a plaza concept for the auto dealership. The planner felt the plaza concept is something to strive for. Brauer believed the CNR plan has a plaza affect as the dealerships are located on a private street. Motion: 1 rearman noed, Sundstrom seconded, to continue the item to the January 26th meeting . The motion carried unanimously. MOtion: 2 Bearman moved, Schee seconded, to re-Commend the City Council set a public hearing on the Condon/Naegele request for the Feb. 3rd meeting. The motion carried unanimously. Minut.- - Parks, had NaturC Resources Unapproved January 5. 1?76 36 pevelotment Pronosala t. Condon Unetele Realty Jessen referred to Memo of January 5 informing Commission that their basic recommendation was the need for a Study to be done on the Nine Mile Creek Corridor, to be used as a tool for development review, whether it was Con- don Nalegele Or others. TIO Anderson moved to recommend to the Council that we undertake a Study of the Nine Mile Creek Corridor, to be undertaken by the Nine Mile Creek Watershed District, and contact the Metro Council on the Creek as per staff recommendation of January 5, 1976, and to table the Condon Riegel° proposal until Study has been completed. Choiniere seconded, for the . purpose of discussion. Motion carried unanimously. DISCUSSION Choiniere commented that it was a question of Whether what is happening is the right way for that area, considering need for recreation in this area. Fenzel questioned the point of filling part of the flood plait as pert of this proposal. Middleton considered the "image° of Eden Prairie, and did not feel an auto park would present a favorable one when built along one of the City's main freeways coming into E.P.. Helmer disagreed and felt he would rather have industry along the free- way rather than in other parts of the City. Yost members felt that the possibility of the building of Pillsbury or Green Giant Headquarters would be a more desireable use than an auto pax* for that iron. STATE OF -.MINNESOTA ENVIRONMENTAL QUALITY COUNCIL CAPITOL SQUARE BUILDING 550 CEDAR STREET ST. PAUL, 55101 ENVIRONMENTAL QUALITY COUNCIL MEETING Tuesday, December 9 • 9:00 A.M. 'Room 112, State Capitol St. Paul . • :PROPOSED AGENDA I.. Revit-,..w and approval of proposed agenda • II. Review and approval of Noveaber 10 EQC minutes • III. Pesticide Task Force Preliminary Report - Chairman Cy Carpenter, Dr. Alan Hooper, ..• Ron Sorenson .IV. Power Plant'Siting .A. Annual Hearing - Findings of Fact, Conclusions. and Recommendations' B. C-U-1R-1 1. Application for construction permit ' C. CURE Motion to reopen and reconsider V. Environmental Impact Statement Process • A. Review of Environmental Assessments .1. Bongards Creameries, Oil Storage Tank, Bongards 2. Shepard Park, Stuart Corporation, St. Paul 3. Louis Dreyfus Grain Transfer Facility, Burnsville • 4. Markham Sand and Gravel Mining, Rosemount 5. Condon-Naegele Reality POD, Eden Prairie -6. Annheuser•Busch Malting Facility, Moorhead B. Potential Envi ronmantal Assessments 1. Adams Sanitary Landfill, Mader County . 2. Big Marine Lake, New Scandia Township, Washington County 3. Metropolitan Mosquito Control District - Petition . 4. Stanch field Carttlay , Deep Portage Conservation Reserve, Cass County Petition C. Environmental Impact Statement 1. Loser St. Croix Master Plan EQUAI. OPPORTurRTY EMPLOYER" Staff Report for December 9 Page 6 . Assessment 5 Condon-Naegele Realty Company P.U.D. - Eden Prairie Brauer and Associates have submitted an addendum to the environ- mental assessment which was withdrawn at the November EQC meeting. At that meeting the Council passed the resolution which essentially Indicated the need for certain questions to be more fully addressed prior to deciding whether or not an EIS should be required. Eden Prairie has indicated that no formal action will he taken by the City Council until some time in January, 1976. e In light of the primary need for an adequate environmental assess.. ment, Breuer :Jed Associates submitted e revicioo to the voluntiTy IV lbe conceras of the agencies appear to have been addressed in U..! addendum. The revisions discussed maximum and minimum development parameters of the entire site as well as the design recommended by Brauer and Associates. The DNR (attachment 10) questioned the amount of grading to occur en the site, EQC staff pointed out that much of the topography exceeding 18% slope would be affected by the proposal, and that this per centage of slope has been identified to be of some significance by the state's preliminary inventroy task force. • John Sanger, representing Brauer and Associates, indicated the grading was necessary to provide reasonable access off the "Ring Road" which is to be constructed below 1-94. (see enclosed site maps - attachments 11 and 12) • PCA had questions regarding the indirect source permit, if needed for air quality. It was recognized that Eden Prairie would still have the options in reducing the size of the facility or not granting zoning variances that would be requested. The SPA felt with the additional information submitted, that an EIS would not be warranted. Highways supported this position. The other agencies made no specific commitment. Assessment 6 Anheuser-Busch Malting Plant, Moorhead An Environmental Assessment on the above project was voluntarily submitted on November 17, 1975 by the City of Moorhead. Although voluntary, the assessment is mandatory under MEQC 25(b)(2)(ff). Anheuser-Busch, Inc., is proposing to construct a malting plant on 157 acres of land in the Moorhead Industrial Park; plant facilities would occupy 4% of the site. The site is zoned for this use. Construction would begin in Spring, 1276, if all permits are received. l3 plovt:(i icn 8, 1 1. RE10 ' AND RECOMMENDATIONS A. Con.ion/Naegele Realty Company PUD, Concept Plan aLd rezoning request for 1-2 Park, Office, and Regional Service for 165.7 acres. The t_te is locate,1 north of 1-494 in the Major Center Area and south of Smetana Lake and Nine Mile Creek. Mr. Don Brauer handed out copies of an addendum to the original submission. Chris Enger referred the Commission to the list of City policies compiled by the staff which provide a basis for the staff report recommendations. Mr. Brauer reviewed the changes in the addendum as; concept plan approval for the highway commercial site, 2 cul-de-sacs instead of 1 road running east and west through the property, access to T.H. 5, concept approval on the east and west ends of the proposal; and concept approval and rezoning for the 4 auto sites to Regional Service Commericial and the PUB area. Mr. Brauer felt the Condon/Naegele proposal exceeds the Purgatory Creek Open Space policy as 51.49 acres will not be built upon. Sorensen asked if the restaurant plaza site would include more than 1 restaurant. Brauer responded affirmative. Lynch asked what timeframe the project would have. Brauer felt the entire pud would take 20-25 years. Meyers questioned why the auto dealerships were not proposed in the 14 Park District . Brauer felt that it would take more grading and access would be more difficult. Lynch asked if the auto dealerships could be placed on the hotel site. Brauer did not believe the hotel site is of sufficient size. Sorensen asked if Condon/Naegele still intended to withdraw from the law suit. Brauer referred the Commission to page 3 of the supplemental brochure. Lynch asked if Brauer feels the site encroaches upon the floodplain based upon the MCA Report, Smetana Lake Report, and the Guide Plan. Brauer responded negative. Fosnocht questioned how the staff could object to the site grading when the City plans a 40 foot cut for the roadway. Brauer stated he feels the plan is consistent with City planning. Mr. Enger stated housing or office use could also be developed on the proposed auto dealership sites. Sorensen asked if each lot would have a sign. Brauer responded the 4 auto dealerships would make use of 1 sign and he is unsure about the other sites. Lynch questioned if action can be taken on the PUD and rezoning request in light of the pending law suit. .iipproved 1975 Continued Lynch moved, Feerick seconded, to con ,ue the request to the January 12, 1976 meeting and request the staff receive legal opinion from the City Attorney on how a positive or negative action may affect the pending law suit, that reports be received from the watershed district and other governmental agencies, and that a revised staff report dealing with the supplemental submission be submitted. Discussion: On page 15 of the staff report, Meyers questioned the need for further creek studies . Sorensen believed action will set policy and thought should be given on how this project will affect adjacent property. Vote: The motion carried 5:0:1 with Sorensen abstaining. STAFF REPORT PROJECT: Condon/Naegele Realty Company PUD APPLICANT: Condon/Nuegele Realty Company LOCATION: North of 1-494 in the Major Center Area and South of Smetana Lake and Nine Mile Creak. REQUEST: Concept Plan and rezoning request for 1-2 Park, Office , and Regional Service for 165.7 acres. TO: Planning Commission FROM: Dick Putnam, Planning Director DATE: November 28, 1975 INTEODUCTigel The Condon/Neegele proponents have submitted excellent documentation which explains the site development plan and the reasons why they reached those conellsions. The CNR material prepared by Brauer and Associates reviewed by the staff includes; 1. July 16, 1975 Forest Research Assessment, D.Vogtman Asso. 2. CNR Environmental Assessment, Brauer & Associates 3. CNR Planned Unit Development, Brauer & Associates Further explanation of the CNR Plan was provided by Mr. Sanger of Brauer's office during a site tour with Mr. Enger and myself. The CNR Company submitted a "Voluntary Environmental Assessment" as provided in Chapter 12 of Minnesota E.Q.C. Rules and Regulations for Environmental Impacts. At the date of this report no action has been taken by the E.Q.C. The City staff understands that the environmental assessment with some additional information added will be approved by the E.Q,C. possibly by the first of January, 1976. This is based upon city staff conversations with Don Brauer end the E.Q.C. staff. APPROVAL_ProCES,S Due to the s;;Orx .: of the CHR project and its location along Nine Mile Creek and Srantanu. 1::"..1:o numerous government agencies will contribute to the final design of tie: plojmA. hs outlined in the CN12 Environmental Assessment these acni.nrics must review (Ind approve components of the plan : LQC- The Envirenmental Assessment and determine if an E.I.S. is required. DNI1- control of public waters of Smetana Lake. Staff Report-Condon/Naegele PUD & Rezoning -2- Nov. 28, 1975 Nine Mile Watershed District-must approve the floodplain encroach- ments, storm water systems, open space and hydrologic concerns. PCA- air quality concerns and controls. City-The City of Eden Prairie to approve the PUD concept Plan, rezoning, platting , open space, and floodplain regulations. All of the agencies review and permits , etc., are necessary for the CNR project to proceed . However, the Eden Prairie review and final zoning action is most critical since that action may modify the elements of the plan consider e d by the other agencies. Plans, Policies, and Studies The City staff review of the CNR Plan will rely upon adopted City policies , plans, and suggested policies from the Purgatory Creek Study. The following plans, ordinances, and studies were used as references ; 1968 Comprehensive Guide Plan, Brauer & Associates 1973 Major Center Plan, MCA Task Force 1974 Smetana Lake Sector Plan, Maculans/City staff 1975 Floodplain Ordinance, # 276 1970 Zoning Ordinance , # 135 Cash in Lieu Ordinance, # 230 1973 Nine Mile Creek Watershed District Overall Plan, Barr Engineering Comp3ny 1974 Soil Survey Hennepin County, U.S.D.A. Soil Conservation Service. 1975 Purgatory Creek Study, Brauer & Associates 1974 Planning Staff Report-Auto Dealership on Wheaton property, Dick Putnam ( not acted upon at request of proponent ). 1967 Auto Centers, A. S.P.O. Planning Advisory Servica, report # 219. 1975 Metro Open Space Plan, Metropolitan Development Guide. Conclusions The staff believes that the CNR Plan is important to the City for a number of reasons. The CNR Plan will produce significant tax revenue for local govern- ment and the metro area. The proposed plan will require filling of the flood- plain of Nine Mile Creek and/or Smetana Lake. The CNR Plan is a major part of the MCA ( about 13% ) with a strategic location along 1-494/169 and the Ring Road. The proponents are or were parties to a law suit against t h e City conceining the assessment method for the Ring Road. The CNR Plan does provide a test of Eden Prairie's develo!,ment goals when balanced with environmental impacts arid concerns. Staff Report-Condon/Naegele PUD 6, rezoning -3- • Nov. 28, 1975 CON1DON/NAECELE PLAN The approval process being requested by the proponents is PUD concept approval for the 165.7 acre site and rezoning to 1-2 Park, Office, and C-Regional Service for 92.3 acres. The C-Highway sites of 28 acres are not proposed for rezoning at this time. The approval of the CNR Plan would result in zonings as described on the following graphic. The CNR site today includes Rural, Floodplain, 1-5 Park and 1-2 Park districts as illustrated on the following graphic. The floodplain 20ne was added in 1979 with adoption of Ordinance 276, thereby modifying the zones in Ordinance 135. • Staff Report-Condon/Naegele PUD& Zoning -4- Nov. 28, 1975 Condon/Naegele is proposing a development plan that meets the suggested procedure recommended in the MCA Plan where it states; "7. All developments within the MCA:will be governed by City PUD standards for the Major Center Area. 8. All development proposals will require a suitable environ- mental impact statement, " 1 The Condon/Naegele request for Office or 1-2 Park zoning would normally allow the future user • to., a warehduse to design the building and site plan in conformance with the requirements of Ordinance 135 and submit a plan to the Building Department. No review by commission or City Council would occur if the land is zoned as requested. The CNR plan differs from approvals given other MCA developments such as Titus and The Preserve Area F because CNR's development sites would be zoned, whereas Area F or Titus were concept approvals. For example, Area F was given concept approval and then Methodist Hospital prepared a rezoning request for the clinic. Other sites in the 28 ± acre Area F are not zoned until a definite development stage plan is approved. Another example is the Gelco Office site where PUD concept approval was given followed by Gcico preparing a zoning/development stage plan for the office in conformance with the concept plan. Zoning to Office was given based upon the development plan's conformance to the concept plan. , CNR's plan would provide rezoning/development stage plans for the auto dealerships but not for the C-Highway, 1-2 Park or Office segments of the site zoning to 1-2 Park or Office . The CNR plan would -be different from the process followed in other MCA developments. The following page •illustrates the normal PilD process: 1 MCA Report, Environmental Policies, MCA Task Force, page 28. rn9 u .12 -5- V\ Ke•-• A • L-7-4-60 -T-t-rvs zOr- (2,-AAA:k. - , "F(0(7 Ced.x.rivr Fr-gitAt 177 4 4,1.604.(4.411.14A4 _ rt Dk, -c ir N/ co/Orr t kh,tomw.3i F2r e'-_-_'i62142t=ret7.171-3.y. Vral • r_L=t7c-Y-Y.L:i 'CC z 44tt6id rikw, 10-e- 17 12. € et4 VI-iss-rtl (-, At- . —4 t 42.3 , FIvAs. htbe.-Nsi- kezvt *n644444'11 tidy* eitrer rrefftr;Ko, irf41 , 1,6 - -v Fil,T;V-470 ree-7-2- 1-(5 arc, ddie, - -EvAveff,4-4-f,A, skt... Az,leti,v1 re4 104-1 &AI 4, r.,..Ayd L., 1.4.40 C FtEG SEAV.7" LAND USE coc5p1 14.4 LT:-.! inoratAbl ri•ve..0..s.r.a Sr. ...- 3 lixto tosatnicoa..taw.r :::.,..1 :64 0,s. '........1 00 fillral a laro.a.v 4.0. n ":2 N 2.1 •0•••••n 1-4 ... Lit- • 1410.1. A4.74 illeaf. Pt. 1=2, -,vcoNcuRnarr zoNING la at MKS =.0114.11.111 Oa. *GM WWI Sad Udrakalmob MOM., . nn:;•`%: • • •totisr '.),oic),,).-::;t1:7717..I.,.. 1-2 14 r ''''''': • ...: ....;,..;:.;•7:7::-.-1....-._i ': ---"------'1'''''2.."..,':'': i i, ›...,' .. . -2 • 73..%.' 1 --- ' - 17 . "4...IL ., iv • ' ...--' 1 .8 VMS • • • • c Staff Report-Condon/Naegele P'UD & Zoning -6- Nov. 28, 1975 CNR Plan Scenario Because of the scope of the CNR plan the staff is outlining a sequ e n c e of events es might be expected given the plan if appro v e d a n d i m p l e m e n t e d as proposed. 1. City approves plan grading and filling of floodplain b e g i n n i n g o n C - R e g i o n a l Service auto sites. Grading to complement City effort s t o c o n s t r u c t R i n g Road ramps and bridge. Dramatic change in site appe a r a n c e r e s u l t s from project cuts of 20-40 feet and fills of 20-35 feet a r e r e q u i r e d t o implement plan for auto dealerships. All or 95% of ex i s t i n g v e g e t a t i o n would be removed and replaced with plantings for aut o d e a l e r s h i p s . The road embankment will vary from 33 feet to 15 fee t a b o v e t h e e x i s t i n g Smetana Lake level. The existing marsh edge of the l a k e w o u l d b e filled from 50 to 250 feet in width for road and parki n g a r e a . T h e s k e t c h e s by Brauer & Associates generally describe the auto dea l e r s h i p s c h a r a c t e r . ra Staff Report-Condon/Naegele PLID & Zoning -7- Nov. 28, 1975 2. The ravine/swale between Smetana Lake and 494 would be changed from its present steep slope/woodland character to road right-of-way and storm drainage pond for auto dealerships. The steep slopes which rise from 840' to 880 ' at a 40% grade will be cut and filled to an elevation of approximately 858 ' and used as new and used car parking/sales area. 3. Sites 5,6, and 9 would be developed as quality office sites with building on entation to Nine Mile Creek. Site 5 would have a developable site that today Is totally wooded and the remainder floodplain. Due to a mix of tree types only a small pocket of oak wilt will require removal. All trees in the sewer construction easement were removed. The site should not require significant grading unless the floodplain is filled for parking. Because of the limited non wooded buildable area underground/ ramp parking appears necessary if the existing site character is to be retained. n .\\ \.,V J 1 • • • • Con o:F .3? 3 rc;zoTi:nr; . . ' '' • LARD 'IJ 'coNct'F,r ,,•ccmcannElsrr zemNG . , . rtul. :...:.1 t< WAWA 1 1.11. . A :mit .0 4C26.11 001Atlf.....a UR, ! .... tr..t WY MS LAI. MAO (....1.1..m.....v 1..:.-:i 24.6 I Vs Ca L.....L :.• ra, e PPM V..1 2.81.MAI.0-0 ' ...1 11.4 0 H MIMI. MOCMIAV tta mt. .. -. In, ,.... ..-- 1.74 Z.- -1 ....... L..4.1 __Ali- .-- Jet. ANAI. 146.10 n177.00,1111.1.CCI 62...16 RAM R.... says .a22 .!CF:17777,17""7.7.1":77t:. . I . I T T' I 14' • •I'::.:.'..r 7"SP7.•*.-r...".r1:77177:1 ' • >. • • • 'Th.'', LAM.? 1.4E :CZPT • cOJ51T ZU,Nri Staff Report-Concon/Naegele PUD & Rezoning -8- Nov. 28, 1975 Site 6 of 6 acres either within the floodplain or wooded has a large pocket of oak wilt ( 75-100 trees ) but will provide a unique office site of about 250' x 450' in size. Additional building/parking space would be developed in the remaining woods or floodplain. Site 9 , a 5.8 acre office site , is an open meadow overlooking the creek and at the base of the prominent hill . The site is ideal for any office development with grading necessary along the eastern road. 4. The 9 acre existing Rural site is the 100' high wooded hill described by the consultant naturalist as " primitive forest . • . typical of the hardwood forest found in the Lake States Regional before the intrusion of man." 2 Two options are presented for this site based upon the CNR Plan- First, the site would be dedicated or purchased by the City as a unique open space resource. Since the CNR Plan proposes ownership by CNR and not the public. Secondly, the 9 acre site will be sold for development and a rezoning petition submitted to the City since utilities, roads, and a market value are available to the site. The hill as it exists is not developable rather a mining similar to the Pearson & Belle pits north of the creek. * The scem.rio includes these alternatives as the planning staff believes thc Rural zoning is only aninterium step to the future ultimate use. 2 Forest Resource Assessment of CNR Project, Don Vogtman Associates, page 5. r123 Staff Report-Condon/Naegele PUD & Rezoning -9- • Nov. 28 , 1975 5. The 1-2 Park sites 11,13,14, & 16 are developed as office, light manufac- turing, and warehouse land uses. The proposed uses would build to the normal standards with 30% site building coverage and a total site develop- ment of 75-90% ( building, streets, and parking ). Such a proposed development might take the form of those in the Edenvale Industrial Park along the golf course. Major grading , floodplain and/or wetland filling will be required to allow the suggested development. The wooded knoll along Washington Avenue will be cut about 30 feet to a 865-870' grade. The grading plan would attempt to balance the cut and fill thereby filling the wetland and/ or floodplain along the Nine Mile Creek which makes up the northern half of the lots. A narrow wooded knoll would be dramatically changed by the location of the northern access road along its west slope. If development proceeds as suggested in the scenario almost total removal of all existing trees is anticipated. The 30 to 60 fcot wooded slopes along the creek would be removed and a fill slope of from 10 to 15 feet would take its place.. 6. Parcels 7,8,10,12, 15 & 17 are proposed for 1-2 Park with double frontage to 1-494 and the east/west street. The sites range in depth from a minimum of 50 feet to 400 feet. The average lot depth is about 275 to 300 feet. The development anticipated is similar to the industrial use • discussed in # 5 . The design might be similar to the industrial development along Co. Rd. 18. Grading and some tree removal . will be required to provide flat building sites. The sites . are highly • vis able , and based upon the lot depth will produce lineal buildings fronting on 1-494 with minimum side yard setbacks. 7. Parcel A (C-Hwy) is 25.3 acres and proposed for hotel/moetel, restaurant and auto service development. The site will be dramatically changed due to roadway plans. The Ring Road cut through the site to underpass 1-494 and the 169 off ramp will be elevated to meet existing 169. At best the final greding will attempt to meet these constraints imposed by the road alignments. The site might have two basic elevations with the higher ite djacent to 169. The land uses would be similar to those along the 1-494 strip classified as entertainment and commercial service demanding high quality freeway access. The small 2.7 acre C-Highway site if filled for the realignment of Co. Rd. 39 would be suitable for inclusion with other parcels into one larger use or might be developed as an auto service/commercial site. Without the 30-40 foot fill requited for the road no development would occur. rig Staff Report-Condon/Naegele PUD & Rezoning -10- Nov. 28, 1975 CONCLUSIONS Based upon the scenario the existing site will undergo a dramatic alteration in character. Also, changes in the road systems and Smetana Lake's elevation will contribute to a major change in the man-made and natural environment. The Environmental Assessment concludes that: "i1 this action is of local significance only, 111 this action does not have the potential for environmental effects;"3 The scenario illustrates the potential development and the changes to the existing landscape which might be expected. There is a question raised regarding statement Iii , in that there may be major "environmental effects" upon the immediate area. 3 Condon/Naegele PUD & Rezoning submission, Environmental Assessment, Brauer & Associates, page 63. DP:jj Staff Report- CNR PUD & Rezoning -11- Nov. 28, 1975 STAFF EVALUATION The City staff is identifying the following issues tha t , i n o u r o p i n i o n , may alter the proposed plan for the CNR site development . The issues have been developed based upon the policies in the ADDENDUM and the CNR Plan proposal. We believe that resolution of t h e i s s u e s i s n e c e s s a r y for City approval of an acceptable development pl a n f o r t h e 1 6 5 a c r e CNR site. Issues : A. Will Intensive commercial urban development of the M C A r e q u i r e significant intrusion end/or elteration of the maj o r n a t u r a l resources within the area ? B. The concept of natural feature preservation and recrea t i o n p o t e n - tial that is appropriate for the entire Nine Mile Cr e e k C o r r i d o r must be determined. C. A positive statement of what image the City intends t o c r e a t e along the major freeway entrances to the community . D. C-Regional Service lend use as illustrated by nume r o u s C i t y p o l i c i e s i s o r is not appropriate for 24± acres adjacent to Smetan a L a k e ? E. The division of the CNR site related to areas within the MCA vs. the area outside of the MCA. Issue A - The proponent has expressed through the CNR site p l a n t h a t e x t e n s i v e Silo modificetion is necessaly in order to intensively de v e l o p t h e 165 acre site. The scenario reflects the consequen c e s o f t h e C N R plan on the existing site. Many policies from the watershed district, MCA Re p o r t , a n d C o m - prehensive Guide Plan discourage significant natur a l resource encroachment. The MCA Plan specifically require s t h a t . . " T h e major I . oaon for developing high intensity uses On the buildabl e land within the MCA is the proximity to the high natural resource aiees adjaceet to the MCA. Peeservetion , modifica t i o n , a n d e n - hancement of these e::menities is felt to be of the hig h e s t - p r i o r i t y and consistent with the community's goals and obje c t i v e s . " K126 : ZONE2 - g g n -, r , - 0 --vera,.....z. -,- ----ft ,‘,. ' . .1 ------....,, i...'"••„ ......0^—)rn, ,.A.. ....... , A.. ' ".• “...' ....... ,": .1.-1 41.."'".1t* ......_-..444• • ...... • • ..! ..' Staff Report-CNR PUD & Rezoning -12- Nov. 28, 1975 More specifically, the MCA plan states in policies 10,18, and 16 ( page 33 of the Addendum ) that intense development adjacent to the natural resources is intended to provide the "trade-off" or "economic incentive " ( Guide Plan ) needed to preserve those significant resources. Planning Staff Opinion - Issue A We do not believe the proposed CNR Plan effectively utilizes density trade-offs or compatible land use types related to the Smetana Lake/ Nine Mile Creek natural resources. Specifically we question these relationships ; 1. Amount of encroachment proposed into Smetana Lake flood- plain. 2. Grading required on eastern 1/3 ( lot 4 and E 1/2 of 3 ) of Auto Center site. 3. That the auto center and 1-2 Park land uses are not intensive land uses as defined by the MCA Plan and as proposed do not effectively allow adequate resource preservation. 4. That alternative land use plans are economically feasible for the auto center site that will reduce the floodplain en- croachment and reduce grading on the eastern half of the site. Such development as; offtch, smaller site commercial ( such as; restaurants , or hotel/motel developments ) would better utilize the high quality visibility and access while benefiting from the Nine Mile /Smetana Lake resources. Issue B - The City action on the CNR proposed plan will affect other properties along Nine Mile Creek and Bryant Lake. Because of similar physical features, proximity tc the lakes and creeks, freeway visibility and access, and projected land value , the sites outlined on the following map should be subject to review by the same critique applied to the CNR site. Staff Report-CNR PUD & Rezoning -13- Nov. 28, 1975 A more detailed City statement outlining what encroachment and modification will be allowed to the Nine Mile Creek Corridor System is needed to evaluate the CNR Plan. The CNR Plan proposes an encroachment and modification of the creek corridor signficantly in excess of that anticipated by the MCA, Smetana Lake, and Comprehensive Guide plans. Planning fitaff Opinioli - Issue B 1. The City and adjacent landowners should study the important features of Nine Mile Creek, Smetana Lake and Bryant Lake and develop a detailed Nine Mile Creek Con idor Concept. The goals to be achieved by the open space system and the urban development impacts should be analyted with reasonable development requirements defined. 2. That sites 1 and 2 ( previous map ) are subject to similar develop- ment pressures and natural land form constraints. The Nine Mile Creek Corridor has a definite character today which is formed by the wooded hills and wetland areas. Area A, east of the creek, does not have the same development pressures hut will be sabject to similar creek corridor standards, 3. That the degree of creek corridor alterations proposed in the CNR Plan is inconsistant with many policies included in the Addendum. And that by appioval of the proposed CNR Plan the Nine Mile Creek Corridor will be lost as a unique metropolitan and community resource. Issue C - Eden Prairie's community image Is discussed in most of the policy documents included in the Addendum. TheCity's image is believed to be very important because it projects to others the goals of the City and creates a community self-image. No where is this community image more evident than along our major freeways. The CNR Plan proposes an "industrial facade " similar to Washington Avenue. and Co. Rd. 18 on the eastern 50 .% of the site . The auto center and C-Hwy areas will provide a commercial facade. Planning_ Sinff Oninion - Issue C 1. The MCA Inionded to convey a definite linage of high density activity. Many Cubic Plan and MCA Plan policies respond to that fact. The high quality imaee is stresed by those reports. The CNR Plan will provide such an image in the auto canter , office, and C-Hwy sites . However, the strip 1-2 Park sites will convey a less desirable image. 2.That the Celeo and Horeart developinentt were subject to high expectations' related to visual imag:, as they would provide a standard with which other MCA projects would lie compared. The imaee produced by the, eastern 50% of the CNR Plan it not consistent with the City's expectations. I1 Staff Report-CNR Plan & Rezoning -14- Nov. 28, 1975 Issue D- The City has over a 7 year span indicated.that commercial land uses are appropriate south of Smetana Lake. CNR has proposed a land use type that is one form of commercial use. The auto center has definite site requirements which include but arc not limited to; freeway or major road visabIlity high quality road access, large flat sites, ability to cluster or group with other dealers and compatible uses and competitive land costs. The CNR plan provides the auto center requirements after extensive site alteration and floodplain encroachment. Other land use types are possible within such a commercial district. Issue A discucsed alternative land use types which might make -a more sensitive impr upon the area. The City should determine lithe current ( todays market and available buyers are a proper reason for approving a specific development on a given site when other development types better utilize the site's assets. The MCA 1,000 acre area does provide room for some of everything and the private owner and City must make reasonable decisions regarding location and timing. Plannincr Staff Oninion-Issue D 1 That the land uses of hotel/motel, restaruant, auto service, office , and industrial are appropriate responses to City policies and plans. That the auto center 24'1 acres requires excessive alteration of the eastern 1/2 of the site and that other commercial/office land use types are more compatible with the site. 2. That major land alteration is necessary on the eastern 1/2 of the auto center site, but that floodplain encroachment may be reduced with alternative land use types. That sonic encroachment is reasonable to the floodplain due to the high value site, but that the creek corridor concept should be used to determine the extent. Issue E - The MCA Plan and the Comprehensive Guide Plan makes the distinction between land us r: type and intensity within the MCA, the general community. The CNR site by the land uses proposed has a division between MCA land uses and normal uses permitted within Zoning Ordinance 135. The CNR Plan proposes regional Uses of hotel/motel, restaurant, high service, regional once, and automobile dealerships . Outside of the MCA the 1-2 Park land use is proposed at the eastern end of the site and would not require MCA des i gun tion. 1119 The MCA Zone was Intended to be flexible so that areas with regional l a n d use developments taking their primary access from the Ring Road coul d b e subject to the benefits and costs of the MCA development. A clear definition within the CNR site between MCA and regular land uses is necessary. Planning Staff_Onipion Issue E 1. That besed upon the CNR Plan and the City policies the 1-2 Park areas ' be exlcucled from the MCA assessment and high intensity area • and th a t the highway , C-regional service, and office areas be included with i n the assessment and MCA land use area. 2. That a clear statement from CNR express its current position as to the MCA /Assessment hew suit and the impact of that suit on the proposed l a n d . SIIMIelARY Staff Recommendations 1. The planning staff recommends that the CNR reevaluate their PUD concept and rezoning request to take into account the comments of the staff report and the policies raised in the Addendum. 2. That the City of Eden Prairie in cooperation with the watershed district and adjacent property owners study the assets of the Nine Mile Creek Corridor and produce a clear definition of the areas of protection and acceptable development guidelines which will Implement the creek corridor objective. The staff would propose that this work begin immediately with preliminary recomrneda- tions to the City , watershed district, and landowners within 45 days. 3. That the CNR associates investigate alternative commercial/office, and non-residential uses on the 24*k acre auto service site taking into account the City policies outlined in the addendum to the staff report. 4. That CNR consider medifying the 1-2 Park area to respect the steep slopes and low land areas adjacent to Nine Mile Creek by providing larger industrial sites where office, manufacturing/ warehouse might be developed on larger industrial tracts which would better utilize the density trade -off options to intensify building coverage on less sensitive land . 5. That the office and exieting Rural I- 2 sites be cembined to allow sites of sufficient size tik,t will allow protection of the heavily woo ch d seep slopes while providing office and industrial e sites with high quality freeway visibility. 6. , That the City staff and advisory commissions work closely with CNR team to rapidily end effectively evaluate the changes and issues levolved in the suggested changes to the proposed plan. Addendum-City Policies for CNe litpert -2- Dec. 2'. 1975 e ADDENDUM • CITY POLICIES FOR: Condon/Naegele Staff Report, Nov. • 197$ wrvact. LA1,:r. PLAN Seeress: R. Macular., Al? Urban Planning Consultant, Feb. 15, 1974 Report Resolution No. $OO Planning Staff Report, fuse 20. 1974, Lake Smetana Sector Study Lake Smetana Sector Study, October 2$, 1973 , by Pat Kennedy District Soil Conservationalist. The following is a summary of the policies and recOmmandations made by consultants and staff pertaining to the Smetar.a Lake Sector and specifically the Condon / Naegele site along Nine Mlle Creak. The Ctty Council In adopting Resolution 900 directed the City staff to prepare a final report based upon the research of the hlaculan Study and the composite plan as approved by the Planning Commission and the Park S Reereation Commission. At this time no final report has been completed for the Smetana Sector but woted be incorporated into the Comprehensive Guide Plan Update. The Macelen Report addresses a good deal of background of land and resource Information . The physical inventory of soils, land forme. etc., as well as economic aspects of sand/gravel deposits , tax ease, extsting development, zoning, etc., were discussed by his report. The Mac.;Ian Report in the synthesis section racccrands conservation Policies and clevelopr.eit policies that would in the consultant's opinion balance the eredrOilmental attritt.teli and the development pressures. The plan w.iich ne • proposes reflects these types of policies. The peliciee which appear on page 41 through 44 of the draft report dealing with the CN1 site are listed as follows : -Conservational Pcltwes The le:low etc policies are recemneeeded by the consultant and are based on his edueatton experience and consequent value system as applied to the problem at hand. 1. To preserve the Nine Mile Creek 100 year floodplain in a contiguous natural state where ever possible sc. as to retains wildlIfe habitat amor.g urbanized land uses. 2. To carefully integrito passive recreation areas near the edge of the wildlife nabltat. 4. To preserve the le ir.a Mile Creek lar.dform by pro- vidlr.g a contiguous topographically undisturbed green belt on both sides of the creek. To ir.tegrate compatible land uses in the landform and to. coordinate the overall development of adiacent property owners through the use of the Planned Teen Development. S. To allow the mining of proven sand and gravel deposits Outside the visual Nine Mile Creek landiOre. only upon the receipt of a compatible site mining and reheielitation plan. 7. To create some harriers to balance excessive storm woter runoff due to development. 8. To avoid all unnecessary roads and parkeng specce and to discourage further croeeines of the Nine Mile Creek. S. To er.courage a system of padest-lan and 'stk. trails 11. To require an environmental impact statement for all site development plans. Said statement to assess existing soils • vegetation, drainage, and to propose ameliorative measures when these are altered. • Maculan discusses development policies which primarily revolve arculd transportation impacts of the large norxesidentail development of the Smetana Lake Area. Maculan's plan for the Nine Mlle Creek Valley reflects his coecerns for the retention of the Nino Mlle Creek character by p•opoStro7 mulittple family residential development along the creak valley. Tie plan states on page 53 ; "In the opinion of the consultant there is insuf fth:en: Inge bt this point that sand and grovel deposits exeleratiee seeeid take precedence over preservation of existing la,: forbs and one covcr along Nine Mile Creek. Therefore , rattipte resl-&andel pods are suggested for the are, edjeceet to the creek. As the foundation conditions and erodeble elopes recy be problem a density trade off system eneeureeine rege r.se structures is possible. Also, possible are low ininnsity eon-residential uses such as office and research • The Maculan Report was submitted to the advisory commissions and Council and was used as a basis of the staff evaleation of the Smetana Lake Area as discussed in the June 20 review. I eldencliim-City Policies for CNR Report -3- Deo. 2, 1975 Addendum-City Policies for On ?sport -4- Dec. 2, 1975 Soil Ceneervation eetvice review At the request of the City Patrick Kennedy, District Conservational1st for the Soil Conservation Service ,reviewed the Smetana Lake preliminary studies ar.d included in a report dated October 25, 1973. his recommenda- tions relative to development of the Nine Mile Creek area. In Mr. Kennedy's report detail analysts of the soil characteristics, slopes. and the soil development potentials is the basis for Mr. Kennedy's general recommendations for the Nine Mile Creek Area. "In regent times gravel extraction has destroyed landforma and vegetation on the eastern half of the sector with the southern and western areas still nearly undisturbed. Men-made changes In the environment need not be destructive of all wildlife although they may alter ratically the composition of the wildlife population . . The visual force of the Lake Smetana Sector is derived from the mass form of staggered hillocks and mounds which flank the wetland flowage inbetween. nes diverse natural coveraging of aquatic vegetation • native grass patenes , muted hardwood and brush in turn add dimen-sion and variety. There are no molar landscape forms in the Sector that are overwhelming to the extent that plans would have to be shaped around them. The minor landscape elements found there con be modified • but plans should harmonies with the land and water resources as much as possible. Hills may be altered by changing their shape anti could be detrimental If denuded of vegetation and left unprotected against the force of erosion or improved by grading or lengthen contours form asymetrical relief or micro Ian:: form of individual tracts. The hills intern may be a:re-a:cc:tied:1.y stru.tures styled to tan slopes, transplanting patches of trees and breaking new entry routes. Soil erosion and sedimentation is one measure of the affect of uncontrolled land dista.rbance. Silt washed into the north fork of Nine Mlle Creek would be a pollutant. Lake Smetana itself it particularly velneraele to ire low of silt and nutrients and would require protection and possible reclamation lilt is :0 be maintained as 1111 Open •WeieT area. The beauty that would be lost for aver from overzealous land leveling and filling can be measured only by the conoensus of what loan attractive setting by those who have a choice of locating their abode. . . It is obvious that in a location each as this where the existing trans-portation corridors dictate land use • that it will be used for purpoeee that suit urban requirements at a place to live , work or play. Eden Prairie has so much land suitable for open space and parks, but lets unrealistic to expect it all be diverted to this use. •.•es The most critical system that needs peoteetton in the Lake Smetana Sector is the south fork of Nine Mile Creek. Floodplain regulations protect the stream system inciden- tally by providing for free passage of one hundred year frequency storms and restrict...era of property developmeet that vo uld be susceptible to flood damage . If the creek is to remain as part of a natural system and corridor ; the valley walls above the floodplain elevation should allow only deve/op-ment that is compatible with stream corridors. To achieve this It would be well to leave the talus of the slopes lust above the flood elevation in open space. The conceptual development plan ( suggested by Maeulans ) using the residential clusters scheme along the creek Corridor seems to to the least disruptive of the natural resources of the sector espemelly if the large marsh were not developed. " Mr. Kennedy's report outlines the suggested development options for the souls which exist in the area . He basically suggests respect for the slopes ranging from 18-31 % which defines the Nine Mila Creek Valley. His land use suggestions for those areas with severe slopes and vegetation do not recommend commercial/industrial or large flat site usages. He States ; 'Very Severe IN:Mate:ins because of hills will need to be :et 30 e feet to make large acreages of level land to acco.nreedate single level warehouse factories, shopping center buildings. etc., resulting in the loss a Nils irreplaceable merle:rim Landscape. This soil landscape group is beam seeted to uses that will'not obliterate nature's handiwork • i.e. large lot or clustered residential parks or certain recreational uses.. Addondurn-City Poitctee for CNR Report -6- Mae. 2. 1975, : Adder 6m-City Policies for CNR Report -5- Dec. 2, 1975 Smetana Lake Sector Plan The recommendations of the Park & Recreation Commission and the Planning Commission related to the CNR site is expressed in the Smetana Sector Plate • take into account these goals and objectives: "1. The Lake Smetana Sector Plan should be an Integrated sector of the Lden Prairie Major Center Area complementing the high density rtgional diversified Center surrounding the 212/494 interchaege. 2. The Lake Smetana Plan should be developed in accord with the policy system, pier. and implementation programs contained within the itietrpolitan Development Guide. 3. The Lake Smetana Plan should be developed in a manner that will pro:note the policies and objectives of the City Compre-hensive Ceide Plan. 4. The Labs Smetana Plan should be politically and economically capeele of implernertation within a realistic Oleo:ramie. S. To provide integrated transportation systems serving the heavy industrial traffic neede as well as residential and tin-ouch trip demands through a variety of systems including transit, autornoledes and non motorized system,. 6. Coordination of Lake Smetana with other sector plane in the City of Ides Prairie will provide the opportunity for employment, residential , and service needs oe those residents within a close proximity , encouraoe self-contained community opportunities should minimize regional trans-portation demands. 7. To preserve necessary open space areas consistent with environmental service agencies recommendations to prevent environmental damage frott soIl erosion, flooding , and groeted a water pollution. 8. Develop a lineal park with varied recreational activities along the Nine Mile Creek Valley consistent with sound environ-mental practices and within the realistic. economei framework ." The Composite Plan for the Lake Smetana area discusses three portions of the Clip site adjacent to the Nine Mile Creek Valley . Areas one. two, and three are illustrated on the following graphic and the suggested Lend use for each area. A 27 acre parcel fronting or. 494 was included in the Major Cent er Area POD. The site was recommended for Highway/Commercial, Regtonal/Cffice„ or Regional Services uses; taking access from the Ring Route. The site is rolling and will require grading and seeping to make it useable for building pads. No flood plain encroachment was recommended but rather density trade-off with acreage in the flood plain being credited to buildable soils. Arce :2 Area 2 of approximately 30 acres is of sharply rolling terrain with tree cover on the north side slcoes frentrtg onto Nine Mile Creek . This area was included in the Major Center POD and suggested for Regional Service, Office, or Housing uses. Presentations by the landowners have indicated their desire not to have access from the Ring Route to these percels, thereby modifying the uses suggested In the MCA KID. Tire plan suggests the use as Indoon-131 or Cffice which respect the steep wooded knoll and the slopes and woods adjacent to the Iiinu Mile Creek Va114. Density tradeoffs for the land within the scenic forested sloping areas arid flood plain Would be ttansferred to the eeileetle site. Access to the parcel would be from the new north/ south secondary industrial boulevard looping to Veieshineton. Avenue. The excellent visibility from 494 would seem to make this site ideal for corporate office desiring a . beautiful natural site and non-cireet access. Site treat-ment similar to .telco directly acroes the freeway would rlS) been ideal usage of the site. c'eTh Area 3 Parcel 3 aPProxl.r,tely :3 items has many of the sarna attributes an pLoel 2,5 1:illy, furost,1 site with ideal 'freeway ascent and frontags on Washington Avenue.. Preservation of tree and slope edjes to the Nino Mita :Creek Plc.oci Plain will allow tee elec.:lent of tee north/ south read Irr.tting with Washington Avenue, etNiOr as shown on the plan adjacent to the freeway or adjecont to the flood plain on the nertb end of the ate. Dove:ce- ment for indeetrial and office uses with a density trade-off for flood plain properties is suggested. Addendum-City Policies for CNR Report e Dec'. 2, 1975 • Addendum-City Policies for CNR Report Dec. 2, 1975 OPEN SPAC.T. SYSTPAS The Composite Plan recognizes the need for some logical open space preservation along the Nine Mlle Creek Corridor consistent with the objectives of the 1908 Guide Plan. The Composite Plan states on page 2501 the lone 20, 1974 Staff report : • • "Through the numerous plan submissions and public disci:salon It is readily apparent that the neterel character and wildlife habitats , and floodplain storage requirements mest co consi-dered in development of an open space system and adjacent development. The plan responds to beth the nced for ccenorelcal development sites and mineral extrections as well as the environmental requirements. Minimum or no encroachment of the floodplain established by the Nine Mile Creek Watershed Di strict is proposed because of excess runoff due to lend use Changes. Likewise, the slope and wooded character thro.ighout the creek valley is for the most pert retained. Significant knelli such on Condon./ Negelels and Pearson prep:ernes on the south leg of the creek have been proposed for retention in their natural state with development credits applied to adjacent sites. " CIRCULATION CONCERNS The CNR site is affected by two recommendations of the Composite Plan First, that when Wahington Avenue 's southerly connection to Co. Rd. 18 is closed extension of Woshington Avenue east to connect With the Edina interchange industrial park along West 78th Street is sgzgested. Secondly, that when and if the 18/494 interchange is improved to coverleaf theta bridge be built connecting the north slde of 494 through the Chit site with West 7eth Str6a north of Anderson Lakes. 12.4 C", POlielas fro CNR Report -9- .Dec. 2, 1975 Addendum-City Policies for CNII Levert -10- DoC. 2, 1975 nrst MILT CRZFIewAtrRsi-Ft) DISTRICT OVEFAL PLAN , Adopted April 1973 The Nine Mile Creek Watershed District Plan states in Section 1, Introductlod and Background • that the concerns of the watershed district are more than merely hydrologic concerns , but deal with the quality of the environment and the provision of open space and wildlife habitat resource. The plan states on pages 2-3: " • . . the cree.k and other water areas of the district are out-standin, :,atures of roe environment and they contir.ue to be the principle natural resource which offers great potential for perserving natural beauty and a bit of aesthetic quality in the midst of a concentrated population . From the inception of the district • managers have considered the meek and its associated marshes and lakes to be their primary manage-ment concern." Early concerns of area officials and the problems presented to the managers were associated with the developmental aspects of urban- ization which emphasize the removal of surface waters, channel improvements, and flood control. These concerns continue SO be of great importance to the lend developer and municipal officials. :n recent years the managers have observed a greater understendIng of tie aesthetic objectives of the overall plan particularly by the residents who are now expressing concern for the creek itself. . . A primary objective of the managers is to have a continuous source of water of sx h quality so that it will provide conditions suitable for fish , wildlife, and recreational use of the crack and its associated lakes and marshes. Sound conservation principles must be adhered to in the apropmation of water born either ground or surface sources. The creek should be the focal point for emacipal planning . The mar.agars seek to develop an open space corridor adjacent to the creek and encompassing the floodpi..in lands of the district . This will provide areas for escape and relaxation. With planning arid development it will afford opportunities for traverse along the cool and shaded banks of the creek. The opportunities for fishing, wading, canoeing can be greatly enhanced. A natural quality creek within an urban environetent Is sot in conflict with the controlling flood waters and maintaining an substained flow of water in the creek. What is needed is regulation of the abutting land uses by the municipalities of the basin. Because the power to cone and regulate land use is within province of the individual municipality is hea Leen difficult for the managers to control adjacent land divelop-ment and thereby obtain an open space lard corridor throughout the entire district. ettitudes toward suCh a program vary in the individual community. Many of the natural marshes on adjacent lands have been per-manently removed. There are obvious examples of the results of uncontrolled land developments on the water quality of (ho creek and the character of the abutting lands. The managers also believe that many areas of the creek have been protected with the cooperative action of local officials. The proceeding statements from the introduction to the Nine Mile Creek Watershed District Plan express the desire on the part of the district to protect the natural habitat as much as possshle within the district . Though the watershed district does allow a ltd encroachment Lc some Instances it is not the policy of the watershed district to encourage floodplain encroachment for any purpose. The plan states on page 8 ; ". . . the floodplain along the creeks and around lakes, ponds, and marshes is considered to be an integral part of the water management system that must be utilieed for water storage. No valuable improvements whtch can be darsanged by water will be permitted In the flans-Int .Is. Since all of the storage Lasses arid flood:gays con.rs,21eted in the overall plan have not been constructed it Is imperative the marshes be rbtaltiod 65 they are for flood protection. Any encroachment onto the floodplainwill be regulated and restricted by the managers. . • The managers believe that the natural marsh area shoci d be retained , osItila Ina managers recogatze tl at munici-pal officials may desire to use part of such lands for parks. parkways , and golf courses. It is their policy to discourage such uses and to encourage perservation of the natural marsh lands. Addeneare-City Policies for CNA Report -11- Dec. 2, 1978 Addendum-City Policies for CNR aspect -12- Dem. 2. 1975 The basic water management system will continue to use the natural channel :micas there is a demonstration Of public need for change. " The district in their plan • pages 13-15. stress the Importance Of protecting the Integrity of the creek and the wildlife habitat. The ultimate value in quality of life and the aesthetic and social values such as wildlife areas far exceeds the initial return resulting from destruction of these areas to facilitate urban development. The watershed district will encourage and support programs providing for the preservation of productive wildlife areas. " The watershed plan recogrines the need for some 1mprovment to certain sgements of tha creek . One such area effecting the The watershed plan recognizes the need for some improvement to certain segments of the creek. One such area effecting the CNR site is the Lake Smetana improvement. The plan states on Page 26 : P. Smetana lake The south fork of Nine Mile Creek flows through a small lake west of Co. Rd. 18 • locally kr.owr. as Smetana Lake. It has deep open water in the center and a broad frinee of marsh around the edge. This lake can be improved by raising the water level approximately 4 feet to about elevation 838 by constructing a dam In the outlet channel. This would bring the water level up against the steeper slope of thz so:rounding hill sides. Any additional advantage is that it makes possible a diversion a Anderson Lakes if such a diversion proves desirable, or feasible as means of maintaining the levels of Anderson 6 Bush takes." PURGerogy crzErh Sri (Unapproved by Eden Prairie) by Braver & Associates introduction planning history Tee develonmtht of mien Prairie's Cerprehnsive Guile' Plan in 1968 prod.:red many thozghts relevant to the definition of the Purgatory Creak Corridor. As ^,41-t of the plarning procuna =dieted in 1968, questionnaires were dis-tethuted and cern:unity seminers were held to assist in the identification of seals and objectives. One of the goals that evolved in this process was to "Preserve end capitalize on the rdeural OVILitieS of idien Prairie in all develqatent, hut as emit as poszible by preserving farming aid eandring land for parka and open stance. ° This is oily one of the awes rojer stela defined in 1968, bat it mast directly relates to the ptepoieti linear creek preserve. Three questice.s wore raised at the beginning of the planning program Mae should Foglia live together in the carennity? that froxicees s!..asld they atjcri and wret nopransibilities or cialigations do they inmar in cbtaining those fro:dare? nor ehcald the natural resources of the ecierunity be teed? The enwer to the third question as interpreted by the plar.nar was: The natural rue:metes of the coutunity should net be ',ad,' they mist be pre-served and developed as the image focus of the comunity. Current private facts holdings shcold be extended as long as possible and replaced by public oenership WI., necessary.- The "Coals and Cbjectives° portico of the plan document contains this statarents -Seccific recomerdations serve as guidelines, not answers, to a tonal arid useful statement of coreenity develop-ant coals, Preserve significant natural thenities: the ones that count. Not every hill contributes, not every t.roc is precisely critical, rent every lake or entire stre,abol is essential to maintaining envirervental amenities. Primary natural er.mities which sh.ould be preserved by the ocrammity include: • Purgatory Creek watercourse through the entire city. C""` • Staring take and all shoreline tea significant. depth. . Minnesota River bluff overiock (e6 to 110 tares). . Birch Salami Lake and all undeveloped shoreline. . Roand lake and all erdevelcerel shoreline to a sienifitant deeth. . Accuos to Anderson, Bryant, Riley and Mitthell Lakes. • Connections links between ccerieru'ty and regional pena acesisting of lover very steep topegraphy for trails and parker:ye.° . Addenkra-City Policies for CNA Report -13- Doc. 2. 1975 Addendum-City Policies for CNR Report -14.- Dec. 2. 1975 The Purgatory Creek Study deals with those resources of Purgatory Creek and its importance to the City of Eden Prairie. Certain elements of the Purgatory Creek approach might well be adapted to other connection links between Community and regional parks consisting of low or vary steep topography for trails and parkways" ( source 1968 Guide Plan Though the 1969 Guide Plan dio not foressernajor creek corridor preservation for Nine Mile Creek • further etudy of the Smetana Plan the hletrpolltan Council's Open Space S stems Plan, purchase of Bryant Lake, and the intensive development in the Major Center, raise questions as to the corridor concept • and open space system appropriate for Nine Mile Creek . The Purgatory Creek Study adapts a torridor concept • approach • it states en ;age 11 of the report: 'While the corridor presents a wide variety of visual and physical conditions, the study team concluded that most of the critical characteristics which should be preserved and the elements essential to affective management are to be foi.r.ti in a relatively limited space adjacent to the creek itself. Criteria utilised as a basis for the recommendation Included floodplath delineation and storage requirements topitsraphy ( slopes and shapes ) vegetation ( associated as well as specimen) soils goalogY orientation wildlife mg:A:Alan ( and variety) access ( visual as well as physical ) unique features rim or ridge ( visual consideration , forin giving elements ) utility easements and structures adjacent land uses desisting. proposed ) Protection of the floodplain was consistently given the highest priority in ranking criteria for protection. A loss of floodplain through urbaniza-tion creates hadrships on down Stream landscape, development, health, safety, and recreational utilization as well as direct economic loss to public and private investments. The Purgatory Crook Study produced a preservation concept • utilizing conservancy areas and transition zones. The plan suggests that Lased on the analysts of the Purgatory Creak Con idor that a 60 acre lineal creek mile concept would provide adequate protection for the resources associated with the corridor. The report further describes that the GO sine / creak mile concept roeghly equals approximately 250 feet on either side of the creak center line. This of course would be varied depending on topographic configurations. recources available and dashed objectives. The transition zones are the areas which lie immediately behind the conser-vancy areas. The plan suggests that new develoernant "will be subject to additional evabation by the Planning Corricaseion . Criteria for evaluation will include the impact of the proposal ePea the system. It will be the responsibility of the developer to illustrate to the City the potential impact of the proposed use on the natural system. The developer will be responsible for the following: 5. specifying erosion control practices to be Instituted during construction ( City standards b. determining the amount of runoff created by the proposal and the disposal of said runoff. c. justifying visual alteration snd encroachment . d. insuring that density ( net units/ acre ) and percen age of coverage are in =micro:once with the zoning ordinance. e. conforming with other pertinent reoelations. " The Purgatory Creek Study reflects a concern for the natural Cretlk corridor and its Impact upon adjacent development and Ctry r:ecreat,oriopen space preservation goals. The concept of a conservation and transition are: ed;acent to Purgatory Creek has some application to the Nine Mile Creek and Smetana Lehe area. At this time no official city act:cr. Cr S., FdreatOry Creek StLay, , and certainly no action on the CXR Pion ha: ind.zatud a direction for tha Nina Mile Crank Valley. The req...:Irer.erds cod final product achieved in this CO development will to some degree net a tone or pattern for the Nine Mile Creak Valley. •. Addendum-City Policies for CNR Report -15- Dec. 2, 1975 COMEREILENSEJE GUIDE PLAN - 1968 Areas Pertain:he to Condon/Naertele Proposed Development Plan The staff has taken excerpts from the Comprehensive Guide Plan text which describes policies which in the staff's opinion relate to and suggests directions for development of the CNR eita. Page 19, Goals and Objectives, describes three basic goals for the community, two of which pertain to the CNR site. "1. TO PRESERVE and capitalize on the natural amenities of Eden Prairie in ALL development . but as reach as possible by Presenting farming and acquiring lend for parks anti open space. 2. Control crowth hy every me3.ns available but lergelY through limitation on commercial and industrial develop-ment and low density residential. There is room enough for SOME of everything in Eden Prairie if It Is carefully planned. HIGH STANDARDS should be established for all developments. On page la of the Plan one of the three basic questions is discussed where It states .3. How shoutd the natural resources of the community be used. Answer: The natural resources of the community shoald not be used. to preserved ..“-td developed as the imagu focus of tta community. Current private farm holdings should be exter.ded as long as possible and replaced by public Ownersr.ip when necessary. " The planner's reComMer.dations by Brauer & Associates , pages15-19 are Intended . . . to serve as acidelt":s not crswars to a fonnal and useful statement of community development goals ; Purpose 1. Preserve sinnificarit ratcral amtnities , Vic ones that count. Not every rall contributes. not every tree is Precisely critical, not every lake or entire stream bed is essential to maintaining environmental amenities. Addenduot-City Policies for CNR Report ‘16- Dim. 2, 1975 Natural amenities within the Village which should be preserved for the larger urban Motrpolitan Area include; 1. The entire Minnesota River bottoms. . 2. The Anderson Lakes Natural Park area. 3. The Nine Mlle Creak water course. Every natural bog,h111, woods, field , that ran be used to crests the open environment should be preserved through economic Incentives ( the most effective). Tho planner's recommendations also speak to the fact that the community can not be negative or anti-growth . The analogy of an airplane can not go between below the aerodynamic stability speeds reflects this concern. ' The plan states ort page 17 ; °If there is no growth there can be little meaningful life " The plan on page 18 of the Planner's Recommendations discusses the need for risk taking on the part of the community to produce high quality develop-ment ; "3. Progression Acknowledge the inevitable effect of Metrpolitan development and designate progressive areas as Rural transitional suburban and urban . Apply different techniques and standards to proposed develop-ments in each area. Enmeurage dctattura from the usual by making demor.stratior.s and experiments easy to approve ( takes courage , confidence, and good judgement). " Plan Elements of Guide Plan Translating the goals arid objectives was the function of the Plan Elements Section and not just a comprohensive plan map. The fie:lowing sections relate to the CHB site and include reproduction of the maps as wall as seettorts of the Plat. Elements of the Guide Plan. EDEN PRAIRIE cum PLAN 12.7 1.4 2.7 8.6 9.5 Cu 36.05 3.9% 7.8% 24.4% 28.13 100.0: AddsAduin-City Policies for CNR Report -1?- Dec. 2, 1975 Addenduni-City Policies for CNR Report -113-. Lee. 2, 1975 COMMUNITY DEVELOPMENT PLAN COMMUNITY DEVELOPMENT PLAN FOR EDEN PRAIRIE. MINNESOTA FOR EDEN PRAIRIE. MINNESOTA 1 LAND USE Determination of uses for land and the relationship of those uses in the essence of the comprehensive planning process. It is in the regulation of land use that the planning process breaks down most easily. This is the point at which 'The ox is gored", and the viewer's relationship to the on has much to do with his opinion of the 'goring'. A detailed description of the proposed plan would not serve a useful purpose here. The graphic plan serees as its own description in a physical way. What will be provided here is an outline of the principles and objectives Of the land use plan. • Parks, schools and other public facilities are covered In more detail in the following sections on Community Facili-ties. Private land use is the subject of this portion of the Plan report. ONCEPT The proposed land use plan is based on a concept which can be expressed in six simple statements: 1) There should be one, concentrated, regiodel-side com-mercial center within the Village. and convenient community shopping facilities througnout the village. 2) The Village should be divided into several "communities' by establishing 'activity centers' around schools. Parks and commercial developments which are identifiable focal points for community life and activity. 3) Industrial development should be cdncentrated within the major hignway access areas and arouno Flying Cloud airport and should permit very little "heavy' industry. 4) Significant natural resources and amenities should be preserved to the greatest extent possible, through both public and private means. Developers must be required to prepare a natural resource inventory and evaluation and demonstrate that it is a oasis for their plans. BRAUER 8 ASSOCIATES. INC. 5) Highway Interchanges and major street intersections should be protected from over-encroachcent by commercial and highway service development. 6) Every development, public or private mast be carefully And skillfully designed. Interesting urban spaces simply don't happen, they are thoughtfully and deliberately created. While each of these statements could be expanded to several Pages. general direction is more important than detailed description in a Guide Plan. A clear statement of purpose ii-the first essential in any successful program. It iS the responsibility of the Village to adopt or adapt these or Other statements of purpose as a first step in the implemen-tation of a Comprehensive Guide Plan. Now an ovevview of the land use distribution compared with various existing conditions end other community plans: LAND USE COMPARISON (AREA.SOWARE RES. COMM. IND. &QUASI & ROADS TOTAL MILES. w OF TOTAL) 103.0 6.0 31.0 34.0 72.0 246.0 TCATS AREA 41.81 2.5% 12.61 13.8% 29.3% 100.0% 22.8 2.4 6.4 E.9 14.2 . 54.7 MINNEAPOLIS 41.78 4.4% 11.7% 16.2% '6.0% 101.0% 16.8 1.5 6.7 6..1 :2.4 45.4 ST. PAUL 37.0% 3.3% 14.81 17.6% OUTSIDE 63.4 2.1 17.9 17.1 45.4 345.9 CENT PAL 43.51 1.4: 12.3% 11.7% 31.1% 101.0% CITIES PUBLIC AIRPORTS Addendum-City Policies for Cif Report -20- Dee. 21975 Addendum-City Policies for CNR Report -19- .Da0. 2, 1976 The Plan describes on pages 12-14 . . . general guidelines are recommends! to old the transition from present land use to that proposed in the Guide Plan. Those guidelines applicable to the CNR proposal include *4. Planned Unit Development (PUG) Pm.c.d.ms for zoning ar.d development should be encouraged as soon as possible end applied generally throughout the Village . A. Agvegate sources should be identified and reserved after a complete review of the entire Village supply based on samples and borings submitted by property owners. 6. Extensive site alteration,generel extravation and removal of large scenic er.d wooded hills should be discouraged by offering additional density or complementary higher land use dcsignattor.s or building densities as economic incentives . 10. Zoning should not be granted far in advance of a logical development mandate. Such a practice will inevitably lead to a repeat of the extensive • unseeing job which 'Mists lit Eden Prairie.* The Guide Plan under the Parks and Community Facilities Section discusses objectives for the parks system . In those objectives conservation is one of five objectives. -_,LQ.Nsrr:ATx.)N of significant natural amenities such as lakes, streams, water falls, bogs, forests. meadows, through preservation from destruction by all forms of urban encroachment. The plan identifies ° . . . 8 measurable (comparative riot quanitative measures) factors which can be applied to the parks selection and design process • they are : *Physical assets includes plant materia), topography. water, cover. adjacent uses or development, shape, orientation and access, in addition to ample size. If a site is too small for a baseball field it has no value for baseball...likewise if it is large enough but too ear-roe. ..nn value.. -again, if it has no trees. it isn't a very desirable picnic area...little value. *Investment refers to actual cost of land and improvements in relation to use. An expensive facility with Mai-ted.users would rate low compared to a minimum invest-ment area with many users. ilaer Access refers to simple availability. A park Sever-al-miles from public transportation isn't valuable to people without Private tranSportetion. An island too far for swimming, where no boats are rented, is equally low in value for active recreation. And if that sounds improbable. there are many such 'islands* of good open space between or across limited access highways where it is impossible to permit aCCeSs. •User Seeds provides for consideration of the importance Of a park resource in a neighborhood where the users may have no other recreation oppOrtusities. Who needs a park with trees and grass if he has half ee acre himself? *Urban Density considers structural density as well as population density. In high density areas, the relief offered by the park resource, as well as its potential for intense use, most rate very high on the scale. *Alternatives for potential users must be Considered. A beach in an area where most users live in Lake-shore houses or multiple dwellings with pools would not be as valuable as onit where there were no similar alternatives. *Maintenance And Operation Expense IS inversely pro-portional to value when censidered independently of all other factors. This factor is difficult to define. but can be estimated on a comparative basis. *Perk Philosophy is a factor intended to perait more value to be assigned to park resources which are most consis-tent with the philosophy and objectives of :he park system. Some elements of any system are irsonsistent. and although necestery. Should not be valued as highly. Summary The Objectives of the Guide Plan relating to environmental Protection and development must be • balanced with the Intents of the Plea related to the Major Canter Area and the Golden Triangle Smetana Lake industrial complex. The Guide Plan Illustrates the Nina Mlle Creek Valley is not of stgetflaant community leech{ • but ratter falls late the Metropolitan or Multiple cos:meaty rasyonalbillty Just as Anderson Lakes Park or the Mtneasata Near Valley . M.any guidelines and policies state the intents on preserve and enhance the natural environment . Yet the Plan cafe for significant urban development inclose proximity to those very natural features which it Intends to protect. A task question of the CNA Plan is the balance between the urban develop-ment requirements and the natural site conditions. METROPOISTAN COUNCIL DEVELOPMENT GUIDE OPEN RACE POLICIES • KA-1. '13 METROPOLITAN COUNCIL DEVELOPMENT GUIDE OPEN SPACE POLICIES OPEN SPACE 24 1BS/3//5 Regional Trail Corr idors A Putney.. • To establish a network of corridors that shall provitle safe arid enjoyable I wiles and support facilities primarily lot recreation travel. To accommodate single or 1-11II hi* modes of recreations .:trvel to link and make accessible components of the Regional System. B. Resource mid Site Oualilleations 1. Corridors sliould be of sufficient width • to protect incorporated resources, pro- vide maxi, earn usage, and minimiae the negative influence of the adjaecnt envir- onment. 2. The physicgraphic character should per- mit iniprosestant to desired specifications with a minimum of resource disruption or alteration. 3. Corridors should be of sufficient length to provide a meanineful experience, really access from all pails of the service area, and activities of varied duration. 4. Corridors should acconsioodate trail- related services arid facilities that will add to Os , r acceis arid comfort end ex- pand recreational opportunities. 5. Consideration should be given to the util- ization of natural and man•made linear resources. Location and Distribution 1. The system of corridors shall be located in or near inajor population centers end readily eccessible to metropolitan residents, 2. Corridors should link other components of the regional system. 3. Corridor alienment will he determined by the occurr cocci of resources with suitable elyeatteristies. 4. Corritlois shell complement and serve as connectors to local trail systems. D. LImmeemr.ilt 1. .N.A .nutre ;9.79.Voinellt a. Management shall be dim ecicd at pro- w:wile; f ( smirl t, it time Il .:.9lItUt! 1):1..e to insiee the re eiiity of the iec- reation inlivett.... It HI tr:.0 !Atoll be com.istott with the inctetvitiett icies unit ftninrjoris ml tile requital system. 013 b. Program variations will be determined by the specific physical demands a use imposes on the resource base. c. Maintain user confinement to the boundaries of the corridor except for access points, and prevent the intrusion of noncompatible users, 2 Use a. Trails may be designed for single or multiple modes of travel. The multiple use of a corridor will be &termitic(' by the existing resources carrying capacity Of the land and the degree of compati- bility of potential uses. b. The particular use of a corridor will be based on the suitability lelationshins between resources and the potential use and curtent user demands. C. Multi:seasonal use of trails should be a primary development objective. d. Trail use can include, but is not limited to, the following: Walking Biking Horsebkk riding Snowmobiling Ski touring Snowshoeing Canoeing Trail biking Physical Development a. Trait design and development shall adhere to standards ssiiich will insure a safe travel route with minimum this. ruption to the natural environment and resource base. b. Trails shell be tipmcipriately marked to identify the permitted act iviticc tied Intended mute, and to indicate feawres of special interest and ha:adults colt- ditions. c. Support facilities lay waysides areas should be located, distributed, and constructed with the same regard for maintaining or imprtwing the quality of the base resource. d. Adequate access facilitic • should be provided for trail users. 0. The scope and type of developments, us well J$ their i911, n114.105, and construction, shall consider and, ssitere consistent with the remits ce, loomole the rise linti en;mottettt of the mete. 11417111:1t ft$0111V1A (II lies .11e,t I ty elf segments of the pignolotion. inclutlittg the aged and the hamticoitoott. 1) 3) 4) 5) 6) 7) .1 I 1:, ett,, '..__,.....c.,1.N.,,,• ' ..i. . , ,',•.-C:•,.... •••...., ,....--.- , :,./...--.-,..:-,-.„:„..)- ,,.',..--. ' ._ _- ',... -2-- ‘- ...'7 -----:',12:.:-L7,;-:-.1'...'''' - - " -7?"‘•1 -..-- --; -7---'-'-','":-...`": , - - -1 ------eCt.- 1 .....:' I --t-';-) ''-' . . ,...1. (C,it.:: :.-1,...*:_•••.1,(S\ I • C.N)i. 1 -)'::•"\----""f.. 1 i - IH'ili:-- ,..-"-7 - • :--;:-i4:-Li-, -.: '--., ,-•••-. 1s : ‘--1 . i ''.." t (--tv,.... J's , •\'.. ' 1 C:1 I • • \-- ty- .....--,--- --,.; ....... ...) .i //7-.-1,____!__7"..'-'0 C -*/--"2:'--k-,4, ' ' ''''''''' '-'Pl . An I — 4,./ ,t.„....›,. ,,---,....„-,--,, --I 43,4::res e l'i.r.ii . 11 N - - - IWTO e .41:4?., 6;744 e,F,',/...7-- ri-1-;t4- 817,-; me.)1, ( /.. uckLin.t)11.! % t...--. --,4.':n - -•-.,-......i' lj 1 ' ‘kn i [ t....,„.-..."'s,„ctiENNE.PIN .. -.;_,,,,, ....o'kt_, .. ,. ':%,,..,.'''''..,ir-n ;,11;;-_-_- ,•-•."' . -.46- f4-P - -, - , n '- - ."} .- _ - - .%S, : - ; - kk 1 \ '3 ')- . .,.,_' -'.. , . --. ' - .' .;.i . , ••, - (" . .i .. .. ,7 k --- .1v --- r_ . 7 7 .. cr-'4.-- , ::',':.n :1".1j-k,-- . ,...._,,. 'r...., ' : j.. _-,.; ' •.' '',--.;\'..., ; . c ...• ;:.._. -,,') • ,,.c ,,„ '';',- B-vi---;! P. -1 - A f ' r''' ' -, • ''. , ,... ...AA ., k.:;' Sr .i.„,;.,!* .; .,...- 1 J. A \":,--- `''''• -N., \ ,...11,1 ,"'...".:' r'::',. 2" ::', ...',....7 . ".:' :" ... .. g- II ' Vi . --( li'''' 's ..‘i 5 f . ' . ' 77 h'-. • ., 7.----'---tt'..'„1"-«nn42.....!' \L:(:7-1--1.1j. r"77.:- \ ---::.;;CC:1-1;111; -"71411,' "7\1'.1."."." /4 r• I". 4 ' • 1\ 0 •C, (•,/ l ' '' , /1h re") k, (:•!: '''.'• - :',•i!2...f:r 7,,,..1 ''<:) ' 1/4 1-3 ki CI • '1 .1 ...n •= ER \----- ..,, •,, 1 I N--, ,i /".'-' .., • Ii'....,._. '..-,.n ;:':;:-.- ------ .1/ 1 .,_,,4,.......,../..._, , e,,,,,,,,;.:1 :::.;.i .,, -.-1- .1 1 n .1 I u...,-.....'.%0 tH' ...--I..;------ \ 4.1 • I TN €;15— MAJOR CENTER REPORT RECOMMENDATIONS AND POLICIES S I %t t front the Etwirortio.•ntal Resources iltVellt.y MM., the lommlation of CI otinia by whn.h to cvaluate it in terms of testrictiog uthert development. 1. The presence of more than one of the natural tea. lures on the parcel, i.e., woods, flood plain, and slope. 2. Size of the natutel feature generally, the forger, the more Mimi: twice for open space use and the mote the development will ha iestrieted. 3. The parcel's importance in fulfilling natural func. lions, i.e., hydi ology, habiltans, species, wildlife. 4. The parcel's potential for recreational use, based on City open space policies and plans. 5. The "visibility factor" of the feature, i.e., its visi- bility from major toads end Winn de.olopment. 6. The relationship 0 the parcel to ptiblie open space, i.e., how intrusive will the development be on the . users of the open space visually, "noise-wise", odors, etc. 7. The uniqueness of the feature within the MCA, Eden Prairie, anti Milathirtint wee. E. Water bodies mat water courses have highest priority. LANE) USE SYSTEMS The Environmental Sob-Committee has developed poticies generally to votcct nod mentree natural features in the ' MCA. Thene ieato to restriction of certain developments in certain areas. The inventory developed for the natural lectures of the liaCA intlicatcs which areas are suitehle for "intense urban development". Those areas not so Unheated will be subject to the general restrictions for flood plains, woodlands, wet- lands, etc. • Specifically, applyinn the evaluative criteria and poli- cies to the MCA, several very prominent natural features emerge: — Anderson Lakes antf its related flood plain and wooded sit pas. — Bryant Lake and its related flood plain and wooded slopes. — "Lake Etletivale" and its related shapes. — Nine Mile Creek, its ielated flood plain and wooded slopes. - Purentory Creek, its related flood plain and wooded $lopes. — Rosemoont Pond and the wt....tett slope to the south. — Smetana Lake, its 'elated flood Plain and wooded slopes. Six of the seven very prominent sweat listed above era components of large systems of environmental concern. The Nine Mile System encompasses: Bryant Lake Smettuut Lake Nino Mile Creek The Purgatory System encompasses: "Lake Edenvale" Neill Lake Staring Lake Purgatory Creek The Anderson Lakes System encompasses: Anderson Lakes North, South, end East Bush Lake in Cloomington Tierney's Woods Hyland Petit Reserve Only the Rosemount Pond is self-standing. It Is and will continue to be the more urban park area — more importata for its amenity impact than for its wildlife and habitat potential, Those (amuses of kiss prorninence have limited public use potential because of size constraints, locational con- straints (they aren't Iran of a larger system), visibility, etc. However, they cntthbute greatly to the ocelot! "diameter" of the MCA. The protthowar of the rolling hills, woods, wetlands, and other features will be fully appreciated if they are dotroyed in the development process. The policies should protect these femme; from deryrittithon, thithic ithenst is not essential to tlw mo- tet:lion ol thew femme's-but development treatictions will he a factor in land use Warming and site plan review. In detarmioing the degree of ',Illation to I.e istaced (el the devolorrne,t of pearls within the MCA, howtioonl potential of die site will be evoke:oral. Patdic me of the liaturel leentres delirreeon po yi e j,,t; itt in the Lind ethe,s City thew4111110r IC0114 0.11111,0A- 4;77 meat for truld;r• rise.- after applying criteria and making "tradeoffs". an - era is designated for development, these policies -everning development would be applied. The policies _e. separated into these six major areas. All Land Water Bodies and Water Courses Marshes and Wetlands Woodlands Slopes Air LAND Characteristics of existing land forms will be main- tained. Development proposals will require appropriate erosion control methodology to minimize top soil erosion and the resultant sedimentation of the water bodies and water courses in the area. Re-establishment of vegetative cover will be required concurrent with construction. Development proposals will include components for the enhancement of the urban environment, such as mini-parks, planes, squares, etc. —ATER BODIES AND WATER COURSES Encroachment will be prohibited on lakes and creeks. -Flood plain encroachment along water bodies and water courses will be restricted. Encroachment and alteration of steep slopes adja- cent to water bodies, water courses, and their associated flood plains will be restricted in an attempt to preserve the "natural character" of the areas. Storm water runoff from developed areas which will reach water bodies and water courses will be treated to insure that the quelity of these waters will not be adversely affected. The degree of treatment will depend on the classification of the weter bodies or water course and its potential for recreational •ee by residents of the area. Crossing of creeks will not restrict water How or the free passage of wildlife or people. WOODLANDS 1. Woodlands which contain unique or outstanding species, habitats, and wildlife will be protected from development encroachment. Woodlands are imper- tent for many different reasons and development should not be allowed to exploit them. They pro- vide a very important function of regulating surface water run off, wind protection, sound abatement, visual screening, air purification, wildlife habitat, erosion control. As urban density increases, vegeta- tion should also increase to provide for the public welfare and health. WETLANDS 1. Alterations that inhibit the natural role of wetlands in the hydrologic system will be restricted. 2. Wetlands which contain unique or outstanding habitats and wildlife will be protected from develop- ment encroachment. SLOPES 1. Development on slopes that are subject to erosion, either because of the degree of slope or because o; soil characteristics, will be limited to those desiens and construction techniques that will prevent soil erosion. 2. Development on slopes of unique character or high scenic quality will be restricted. AIR 1. Applicable Air Quality Standards will be used in determining development limits within the MCA. r1q7 7-1ECOMENDATIONS ..aplying the evaluative criteria to the Environmental eesource Inventory delineates particular parcels and -7:es of concern within the MCA. The great majority of et:ese'sites are related to the water resources of the ,CA: the lakes, creeks, flood plains, and slopes (gen- - -ally wooded) adjacent to them. These are the areas of -eatest prominence and are those for which public —terest is essential. The general development of the CA will be such that protection of all the features, -77iaracteristics, habitats, and wildlife will be impossible. .ertainly, we are going to displace gophers, field mice, • --ieasants, etc. from the upland "developable areas". owever, by protecting the most promieent water- .. lated features, it is possible that the displacement svill , at be far. The restrictions placed on development on - apes and woodlands are intended to preserve some of --e variety of the landecape, not necessarily to provide _zbitats and preserve the existing environment. Protec- • „an of the prominent features is viewed as the method' r the latter. tblic recreational use of these features implies rnodifi- tion of the features to accommodate people. Modifi- e-e-etions for This purpose will be carried out in accord- - -ice with the stated policies. _necific recommendations from the Environment Sub- _arnmittee are as follows: Public interest in all prominent natural features be a part of every development proposal while encour- aging intense urban development — The Ring Road alignment be designed to stay above the Purgatory Creek Flood Plain eastern slope, above the western slope of Smetann Lake, and west of the North Anderson Lakes Flood Plain. The hiehsvay crossings for the 212 and 5 upgradines along Purgatory Creek be designed so es to limit the number of crossings and so that bridees of Signifi- cant size lie included to allow for the safe and relatively enjoyahle passage of pe.destrain and other recreational traffic. (Preferably no more than three crossings-two for 212 and one for 5.) . Development encroachment into the seven very prominent areas be greatly restricted. 5. A program of Reforestation, Noise Abatement, and Beautification be undertaken along 1-494 and that these same components be included in the initial planning for Highway 212 as well as the Ring Road. 6. Landscaping, lighting, walkways, berms, plantings, people spaces, mini-parks, and other micro-climates be included in development plans for the MCA to provide visual and use relief from the hard-surfaces of the buildings and parking areas. 7. All developments within the MCA will be governed by City P.U.D. standards for the Major Center Area. 8. All development proposals will require a suitable environmental impact statement. 9. Development of the MCA, in an effort to minimize encroachment into the natural features of the area, encourages "intense urban development" The "density-transfer" of more intense uses on the de- velopable land for the preservation of the natural features will be encouraged. Compliance with the policies for the preservation and protection of the natural resources in the MCA is a prerequisite. 10. Areas identified in the City Open Space System Plan will be subject to a "reduced tax and no assess- ment policy" upon satisfactory agreement hetv.een the landowner and the City to dedicate this land to the City for public use. 11. The impact of the M.C.A. development within Zone 1 must not dramatically affect the natural systems related with Anderson Lakes and those of water storage with Lake Edenvale. The significant plant forms and small isolated areas of vegetation should be retained as proposed by the Environmental Sub- Committee. The preservation and dedication for public use of the shoreline and marshes of Anderson Lakes is extremely critical to the success of the Anderson Lakes Re:mal Park. Urban development on the upland areas with sensitive grading and site planning should be acceptable from economic and environmental viewpoints. act 1.77X 6•:- .astell I 1-, s )). ;3:7 • t.e. •' 2C4'2 • "v• . "" • • • • }e•-• • . re , N1'.••• 's100 • r.. . ........ tt vt-tviva-PAri-vrAl, v;Avv-f--ircip:r ZONE 2 - SOILS AND LAND FORMS There art too 1.lbe tress 11,1 000.1,te the 0,41431 el4terntis: Cl Z Loa 2. 11.0 'oriel. Are., f,:,1 '01i3s 34 st., soils 10.10 up 10 Z...4 WW1; PeNs, 470.0 are en ;re no,d , Cl 1retersNae 494 and to tne ;qv If riew Iv conammed Interswe 112. "Thew tpland Ant ore br,voi 10041 srde• • the ertsk 0,1%1 •r.e.! pre:, best dr elop• ent toot:ars for Or, ritya r. T,n tlit., Co-cranf If OK kwlene whit.. loll:.,, •.inn 12,11 wriNh cahre thr arie to 1,4411 .2 morn. Co.rn flocs .nto ;is., a Lase ••.c ezy. oat of I see -aces,. Cairo, rhsad lb The !cod oirn area hint Mile C:eek n dehred as on eAratrun if ..b•retote Lake of E41 ord has the oho, :,611,C SO01 011 1 111, 04-nit,11 she Ion Vt. 0.11'4 sorn heith fulietio-• se vat, s: are'ie 0:044 011 ,1.11 well OS • tztitals 4.4 s••ss, batr.sn; 1,s:rt. The land • 1,44 s;St::3s,,, th , 0111 and cwricrisirg tee 4•00 hide Creek Aniand areaS. rtYGROV3:11' 20,4 2 4 a ns.stty .. the Nine 11.0. Creek eVarershed Liideio, the hcoid of Car.,is''s polit•es 04.IiII 10.1_I 01. sr...co:foram and wst,- au3:4y ^...O 51_p', 71s, Waies It CCIII 111,10 O1100t04 Zere ce'srds ni tra;e4 hco sul,. flaw A re "air :‘,..••••.: eines nn•ch lne ors e•,phon is e.itteo e 1:be oa.,sate.t ..0 egt.....tst of IScretart tekr. hwire three wei.nd Po., ell Of tithrlY • OL;anit sufls ea,' dor to the temoorsry nit o0,031 • A:A :here. Tien present re prObtaint 10e Yont.:Sesent. VEGETATION Aso chwecteristic of :I: of the f:Ajor Cent, Arta, the thrior yew:a:ion areas arc confined so 112 1!01,11 3:4a. ccure to pw co ureet. ti41131re1,1 ibrds of mature trees Meal 504h 01 Nihe r•le Clerk cc it east towards County Coal Ill, or. 10, 00,11.01, eaxin, Popes 'dirtied to 434. The ;avec wheh runs lion 51000000 Lake wn 43-1 0 1.sssily forested t 6 1,100300 3 visual CDI, with Stneone lie heitein • Cl eta eun, wi;acent 10 1110 494 iatcht..,,e end 103 duct not thee • ;nil iced veVtatiOn 014 4 en open area. V1et=n1 to Smetana Lake, shcre no Lrov: of planted pines which ions iporoxicretely 1,030 loll north end south ahme the eope. The .cL.,,,,oe henh 41 Valley View 'l,,,olhl ecolfine4 tO tbr 1 ,•,pet• and ie ntott vv.:reed in the 1,01t110:1310.1 hhue rde. Creek bendt to 190 100,1, Ibis area. redli sr: y reap 131340 and yaneh ihes approxirnotos 21193 Wet from the creek n h..svOy na0414 wall mature species. The 0,01 00,1. C•tvk V.:,:oy 3rd Smetais Lehe Flood Mein are eturacter•st•c 01 low wetland Mat 0,01 meth Gild and low we.nd inencion. W ILDLIFE smcROCUMATE The opeo slopes adjacent to 494 ore heticolly ;oldie; or Niel in chectlin with the steep dtbe ent to the cast, Ore wyclatisn hhich buffers thd 31011 from the northern 000*1101 wid should 3110wIlwrs4JC1iOn of 11.1 0100 0011010e10 rtl winds. TOO north:oh: siren% Substially Wilh 11w0 01001, are the colder slop,,. The lend odigent 00 00.1 TM. AID and the 434 interchAnde eis 110 0111 is Itroh won no Yellow.. MA cello:use 10 the northwest, hon siortilnynt 40001.100.00 will require Ile 1:11. 11.11 4e..180 1.1 the 10001,11110 mOno mire the aft a of wir.dt. 1 he lower Kea eau 01 1C9 p•rnegy sheltured f rum the north:vs.:ern witds by Ilso 301e, of rUn to 119 1,3 opens onto S0.1.017,Lakte tO the satt. North of Volley View Hoed Ile hill oriems . to the tau and molt with easterly esposure having tnenat .eyetaeion whirls will tueak up the wind and prov n de dodo ehoinc the hoe months. However. the westerly•t3e:n3 :tope has been 011.0104 and aliared, and has direct exposure in northwest cold everts. The lowlands ediattnt tr. Near bine and Smet.• Lake are opproximatery 0,090 lees below the hills which 6rto trent on Ill sides. thereby providing a rather environmem. MAN SYSTEMS Land Uds The land adjacent to de freeway today in Zone 2 is primarily enitiord in non tie:doe:jet use,. The hrnes ociareut to 494 is waited 01 0014$ foe I -3;hwty. oriented bulbOards erect,: by NA.,;th11 061030( COo.any wOh a SenTertry use rest to 108 and the Dale Green propeny is an earth Wetrawr and n3:say lacifite• Deddrotial von tit adjacent to Min. I.S14 Ceeek and Smetiors tele to the northeast with six single family homes in this ma. Liken We. to the r.orth In the wooded h.lty re, adoe..nt to Vafey baal, thew are Leo Smelt farviiy homes hhich exist rode,. lilt retraifiskr Of the send fronting or. the new:y. 001030aele4 Interstate 21: is not axed WOW. CA root mined for growl. hlonitiite Gewice trod Utilities 20110 2 c.'irently is not served with ear.itary sesse Ihun:d.pa: hater. The 510.0011 haws teen oss:re1 to Aro hens south of 434 at 1:0 none end of Ance•tnn Lakes north 341451 the hi.rpee.Condon property 1110 nonn 1,4141 Valley View Rc•id, 1I,is prop., 144 leon Oes';',4ts.rt no 0 00n013CS have been le: perdir2 woven for sigh servicet. There 'no Nonhern Steps Power high eohece urnwnis• Pon lire hhich sons ear.fairst odieCent to Nice 72,10 Cotes sr.d Screptna Lake, whit0 wig have some eestel impszc cr. craloprreni svitnin Ws area. Trardworterion Sanwa* 2.t0e 2 is serviced *ode), by old 169. which it being re:44441 by V* ccostruction of new Intent etc 112, easeL nertfwantey former.; the northern:tern Losindary L.! Zone 2. Access to 454 Md., is only teeth...xi, € on to 494 Acei 101 Access to Me mr:t.on Lee of Zoos 2 is yhhO,dnd be Voliey View Road, hithth wiri *wee ds intersection with Intersum 27 wilt fad dZarednd ;Keen. Pecrertiet to the NM of th• rink are se0101 off o 4 Volley Yee R4Def by • stnaili 30 1*. witie tatartant for Srortore Law, servito Woo residential cols. :Pen Systen Iwpacts Like Tune I, the Swell. Lake sew Nee Mile Creek SItS teve teen for the is.44 pan protected from the 11.7;-n Cla of MIA Wirtms. One e.t.a 001o510 e•ception h Irltretee 211 running norib Iron as interstosion • 142. wheh holahrs this 636 11:011 Dew.* Lase oid 015035* phys'eol bcandary. In no sirndee fashion. 494's trar.,...d. cr. banner Anderson tette and Whelan.. hew lett liesaL tern...per:4n Iron, era onto the Inter. wee end the natoral 34141 of Nine Vow Creek enS $1,111.1 lake. Ire a., 01 ," 01 Zone 2 are 11;644 ..Pu:a and greatly influenced by the rAnWreetioo the Internales and the Intercernoe. hith adverse noise ai he! as ssiere slope conditions mated be Ihe con. str.chen Of these enno routes. The ettraratiOrt and Unlike lb. An:Nixon Lakes area whirl, or:Whets wildlife habitat lei latv species. nth as r:ter. as Aell .1 011111- fowl and vnatirr hero/slue:A tclate.! lit, It., the Sn1e1tne Nine WI, an a Long A01414 by ms;or 0,0000! mods from iieturel •n ••n•,,anno 0010101, A res::•cted in its w.alldt to "s1,1 0,111% that 0.1, . 0.1 s:s!abel 0.0041. Such st-as'ki ts•st b:0:1:1 Po eebt to 1,1 (1:10 • 4 1!•.0 ...... 003 ',err 1e1.034 0n1,13,1 tro t, wen: ti an a! Le Csrek 31 /1 re, :A•an .1 slre.'n , 501 0:100 LAS, ,...-yerpri 1c011. 0011 a n0,11,. &Oh Poi 4 ,0% naz .00,1', duas plavdr en csiel..1.11.44,1 :a" 1:.S1, The 0400,01 areas ,;rir.Iy 'tared tO 010( ea 001 41.X.: 114101 oUt II.' .501% Ober 114.3 ,.311 fOdent oupulatuch . If Irs 001.-1 ..... - -'` •", A . tz... • • • ••—• •'n f • t; ' • . 1.,*e CO' _ -1;•••• • • " 2v- - • REGIONAL SERVICE With a regional diversified center, areas rnust be 115 attic (tar those uses which provide invoice for regional/ commercial, housing end office secs. Free staechno conerneacial uses that are not cornpateldu with the tee gional multiose Oc all, large torrunerckil devetomnents would he located hi fey:011..t wirViG, areas ....hese Circa. lotion sad land use ClInosteclity Co not confect with adjacent uses. Regional service wet shouki he located in close weak wily to each oh the it-tonal/commercial corcs, roweling excellent butomobile and husk access as well as perks. Wan connections. Within the rsaional service category. some institutiorn eery choose to locate in Ilvese wen, such an Wray or heleepilaUnleiliCal Care fetal. .. cs. It mstitutrons which serve as major reg:Onal feecilieees locate within close peoximeety to high actively e,les, the oreasser visiintity Should proWdo !or Itil`e, tic ot l•Wle faseletics. INDUSTRIAL lodustrhil me within the M.C.A. will be highly hiller. woad by Market factors such as; price of keel end building she plan f Yqu i.n ments. 1114:atrial oper axiom which iocAte ii, lie AI C.A. will probably place a heavy emplosis upon fr,nrIl fowl devolO0n1,01, wonting less land ccwer...r. thee.; nemulasherend, renuerinT WC0 one se ie.° leve; peek!Tele!se well not be loosilac with the With tind prirvs and eqessnents within the M.C.A. If111,P011.0 fievelOpmellt ftrilf.nflill;K>ft sOil ,sv.Iter, Of 10,!Of w..ftliut0ing Itructines sera af be epproproote ode." Echo Pi..ir M.C.A. Other lintel Ifi.11 p.n.s ti...,11x.tet ..011111,111111V volt tumid; tor Store' low ele.nsdv Lase ere s. Th.= Pr inlay 10,1600 fee sae, 0 fll ihe 055119 flusernoont tosgityvring in tie: muthweq between these kind U.: DIA proviling an Sawed :able fternoenek elnoil which other Ifeal.$1.10.linfl Cffle.0.kf. clot (leer Ouch 0$ 10010111V, (f0C0Aff0. Of f SfACi• idly shoots may be clustered. the 300 400 sins of regionalkummerciat land will offer adequate Ore to aealoa liable, mail core he the M.C.A. REGIONAL OFFICE One would expect a substantial amount of of lice to be constructed within do M.C.A. due to the big!, keel of commercial activity, the close ProxilnilY to le'dh SO . pacity regional fremveys nil Pe. excellent live it; envi• moment which exists within Eden Prairie. The ifilmniily of °Ilia use is encour.ved to beat a high re. 01.j. bon else chi...cies to permit locution Of them: structures In relation to the pedestrian corridors which will con- PM the residential areas with the commercial end institilMnal uses. Phase elesed011nsent of the high density Office sites is encouraged which can be coordmetcd with the shifting pellein II transporation, thsvetey eliminating the high requiienients for purkitm. 'Sc cn. courage des high density office use, high floor ,rae ratios combined with haw ground coverage and ft,...1.4 able parking requirements will Create the opportunity for ph.ed high density devekspatent. ..•..... MULTIUSE DEVELOPMENT The six categories listed citron's( to briefly discuss the types of uses anticipated in the M.C.A. Though th.se Mem like exclusive categories, the ability to ifltf.:3•10 within single structures or bctween adjacent sites. a variety of uses is highly desirable. The creation of semi. SelTsulliclent clusterS Is cnooutaced, ntis would reduce the internal traffic generation on the Ring Rokne and feeder auto systems, while providing efficient toreros/. dal. residential, and Mike services. Special desion and VanIng consideration as well as use and Inadclin; WW1 fequirotnents for the mixed. cluster projects within the M.CA. Is recommended. 1 • , fr,s I , I — • n_,,„„/ - 1, HIGHWAY COMI,SERCIAL Highway Commercial uses normally locate in 0 strip fashion, providing less than esthetic as well as traffic problems. Within the M.C.A., the highway commercial - uses are located to provide MO visibility and access with the tieewa y systems 212 and 494. The M idway com m ercial cate g or y is conceived to provide the ser- vices fe rm i; ed b y a hi g hl y cutomobile-oriented societ y . The automobile service and sales as well as restaurant and motel/hotel accommodations would fall into this category. The intensity of clovelopment within the hi g h. way coninv,rei.1 areas will var y with the type of use proposed, hot consistency will) the M.C.A. goals end objectives cioukj indicate a lower g round coverage and increased floor area ratio. Wm- and high.density housing frontin g on the creek valley with re g ional of ilea or highwa y commercial uses toward the hew:a y , most likel y . Preservation of the steep slopes and woods is important in the Environ- mental Subcoininittee's report. The housing in this area should take advanta g e of the slopes, and wooded character, Re g ional office and highway commercial uses would seem most appropriate for this site. The preservation of the steep slopes adjacent to Smetana Lake and the fluty.; plaits will be critical to the accept- ance of the site plan. The third area its Zone 2 is the land located north of Valley View Road and east of new State Highway 212. The property to the north is heavily wooded with 16 to 30 degree slope, which is ideal for a lower &in- sity residential development serviced off Valle y View Road. A highly clustered multiple building style might be well suited for this area. The natural areas along Hint, Mile Creek and Smetana Lake combined wiflt the ru g:e cd tonctorephy limit the rlevelopdble laod within the It in2 Route to approxi- mately 50 ar rcs, which is so:,r ...tenterl by old 169. The small acrea g e the bbsenee of significant natural featuies nc:I,c this tea ide4ty suited to, commercL1 or lirnitecl-acirw,r., iegional uses. This sin , <. ii the ripi ii. 'Amity to cluster in one or two com:il -T .; a v,:riety of and r0 satiety a wide ran g e et iiiten,as millers 11 ,2 ()I 0i0C.f. The high freeway v i s ibilit y , and e n the e:If,t. 1h.! vnn ,s of the !uncial Nine Mile Cit C1:..•ni,-.• area, coo n Lniu.rt with the excclient acecss to 212 an.; 434, ;wke this site The ielativel y iier.cwe strip of lend north of 494, adja- cent to Nine Mile CA ark, oil,. many of 51w some , patetiri,t1 the Lind ire h of Antis con 1.4;es. I low,ivci, elllt, y.1111114 ,I1F. ill 1.)1 )(10.11, 4,11V, liCti• . 1,4 ly eats Of r•illi,L.111:1 LAO, make the provision of torti• no-1 The open land mouth of the northern wooded knoll bet been mined and has few natural features remainiiv. The excellent vistas over Bryant Lake and visibility to Stade Highwa y 212 reiggest office, industrial or highwa y tomitier. cial use. Tltis site with its limited size, approximatel y 25 acres, would function well as if specialty mixed use pioject. The uses within Zone 2 must be clustered on the devel. °liable land with limited encroachimmt onto the sleep slopes, heavil y wooded areas and flood plain. Ap e fo. pad° site planning respecting them natural team e, still provide consistenc y with the go,n Is and obji,c:ive:. of the M.C.A. and with the re q uirements of private MIN pria% LAND RECC)MPliENDATIONS 3. The M.C.A. will function closely with the educe. tional complex developieg along lee with the Vocational Technical School, potential junior col- lege, end possible secondary high school silt:. like- wise, it; relationthip with existing employment areas, emit as ;done lisey. 5 and within the Smetana lake.Golden Triensele ma, offers great potential for integrated development. 4. The ',timely moventerit mode will be the automobile during the next decrele within the M.C.A. Lend development shmild take into coosideration the for reeking, efficient circulation, end histieg density will ha reflecting thss requirements of the automobile. 6. As the Ring Paine is completed and development occurs in ali four quedronts, the !inking of these quathares with a combination of eutomobile, transit end pedestrian systems will become critiCal to the . success of tire M.C.A. downtown core bete:Mee therefore, transit should est provided initially as a but or minithue system with a link to the express ben system of tee Metropolitan Tlanrit System. Eden Prairie is developing as I! public new town whit planned mixed residentiel &seas surrounding the M.C.A. The community's coal of providing a wide ranee of homier!, bath is type and in econom- ic level, will be reinforced by the variety of oppor- tunities in employment, shopping, and service. offered by the M.C.A. 8. Adopting the M.C.A. plan will Overly state the City policy of eontaitunent or grouping of re- tioriel commercial activities es well it: community commercial activities to mere efficiently serve these facilities while behte the focal point for the corn- menity. Desienation of theel.C.A. ce the major commercial sea in the come...Amity, the spread of commercial ectivities Mono mejor automobile routes will lie restricted am! (a:emceed. 13. Freeetantfing ton:modal reel office uses should be connected not only with the automolsile movement system but with usable pedestrian and transit corridor s. 9. The urban design of the M.C.A. will produce a strong visual distinction between the downtown core and the surrounding residential sectoos. The ability to intensely develop commercial, residential, office uses combilied with the focus of the City trans- , portation system on the M.C.A. will produee a city form which it easily understood by the community citizens. IC. The preservation of skyline features, significant vistas, overlooks and the significant nature! foetuses, such as: major flood plain:, lekes, wetlands, wood- lands which surround the M.C.A. are very important to the preservation of the community image end environmental assets. 11. The development and enhancement of smell-scale, urban open space features, vest pocket parke, interior courts, shopping secedes and sensitive site • design of the pretiestrien eystems will be reouieed for development within the lel.CA. 18. The M.C.A., through limitation of commercial/ • industrial acreage, and phased road and transpor- tation developments will be able to intensify the normal sul;urhcn davatopment pattern by reduethe ground coverage while increasing allowable seesere footage, thereby encouraging structures of multiple stories which would allow their phicement in closer groupings, stimulating pedestrian and transit usage. 19. A modified set of P.U.D. procedures should he utilized in processing all developments within the .M.C.A. These procedures and requirements would be specifically teemed for the M.C.A. and would not bc applicable to other Lector: of the City. 15. All development within the M.C.A. shall complete a natural resource inventory of the site and its impact oil suriounding properites. The inventory shall deal with the natural and men-created features theeussiel a. in the enve onmemel Seetion, and where appropri- ate, should &ergo on these areas or create new evaluative criteria. 16. Approval of proposed ptojects shorik! consider heavily the natural cornideretions Inc:entitled in the resource Mventoty said the design of the piojeet should fit those constraints. 17. The Major reason for developing hi th intensity DSOS On Ole buikiable lend within the M.C.A. is the Proximity to the high natural resource areas adja- cent to the ht.C.A. Preservation, modification, end enhancement of these amenities is felt to be of she highest priority and consistent with Ilea commun.. ity's goals end objectivete EDEI: rEtr.. • • .:M ISEI(_I N Approved Monday, November 24, 7:30 PM City Hall III. REPORTS AND RECOMMENDATIONS,. A. Condon/Neese!! Realty Company PUD Concept Plan and rezoning request for 1-2 Park, Office, and Regional Service for 165.7 acres. The site is located north of 1-494 in the Major Center Area and south of Smetana Lake and Nine Mile Creek. The planner explained that no staff report had been completed. He then reviewed the proposed plan and request from Condon/Naegele. He explained the process being requested is concept plan approval on the 165 acres and rezoning of PUB, C-Regional Service, Office, and 1-2 Park. Brauer stated that an ttempt was made to condense 2 steps into 1 and Ii • City is not willing to grant rezoningon all parcels and desires more detail, tlic:, he would have to confer with the proponent. Feerick expressed the concern that the development may have similar building types stretched along I-494. Brauer responded agreements on building types could be drawn within the limits of City ordinances. Sorensen believed the normal pud procedure allows the City to realize the development's end product and is not limited to standards within the Zoning Ordinance and the 1968 Comprehensive Guide Plan encourages extensive use of the PUD procedures. Lynch asked where the water service would come from? Brauer replied water would be from the west and east ends and gas from the east. Sorensen asked if the staff had received the letter of suit withdrawal from Condon/Naegele . The planner responded negative. The planner felt more detail is supplied in other pud submissions and if the site is re zoned as requested he felt the cuts and fills would be 20-40 feet, the vegetation would almost completely be eliminated, and the floodplain encroachment would be between 50 and 250 feet. He also felt the 9 acre Rural piece should be dedicated or puFchased if it is intended to be open space. r'auer said they could draw more detailed plans, but believes such work is necessary and`make believe s. Meyers questioned if the road extension all the way to Washington Avenue places the ent ,:e pud in the MCA. The planner said he has conflicting statements from Condon/ ' -.jele as to whether they consider all of the pror •rty in the MCA. • Prauer stated y recommended the road go through to Washington Avenue because thr, -init -, ,ver and for traffic purposes. ig53 Fosnocht asked if the proposed land use conforms to the Smetana Lake Plan? The planner replied that not all of the uses conform to the plan. Feerick asked the staff to develop all of the alt ernatives and to investigate the effects of granting concept approval vs. rezoning in regards to the property's salability. Meyers asked the staff to comment on what would be reasonable -alteration of the sites within the pud. Motion Meyers moved, Fos ncoht seconded, to continue the item to the December 8th meeting and direct the staff to conclude the staff report. The motion carried • unanimously risq 1‘4:nt..t-!r: Nov . 10, 1975 3. Condon/Naeqele Reai,ty Company Pub, Concept Plan and rezoning reques t f o r 1-2 Park, Office, and Regional Service for 165.7 acres. The site is located north of 1-494 in the Major Center Area arld south of Smetana Lake and Nine Mile Creek. The planner reported the EQC staff has reviewed the P U D . and has asked for a full environmental impact statement. He suggested the commission de f e r action until the necessity of a full EIS is determined. Brauer stated it was mandatory that the pod be submitted and they felt concurrent reviewals would save time. Sorensen referred the Condon/Naegele PUD request and rezoning request to th e staff for a report and to be placed on the commission's next agenda. CITY OF EDEN PRAIRIE CHECK LIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS DATE: 10/§/75 DEVELOPMENT: Condon-Naegele Realty PUD L.D. NO. West of Co. Rd. # 18, North of 1-494, east of T.H. 169-212 and LOCATION: south of Nine Nile Creek in the South 1/2 of Sec. 12 and north 1/2 of S e c . 1 3 . REFERENCE P.U.D. OR PREVIOUS ZONING AGREEMENT: DEVELOPER: Condon-Naegele Realty Company ENGINEWPLALNEE: Brauer & Associates, Inc. DOCUMENTS SUBMITTED FOR REVIEW:. Informational booklet RES. t. PROPOSAL: Condon-Naegele Realty is requesting concept approval, rezoning and reveiw of the environmental assessment 1. Land Development application filed and filing fee & deposit paid *Yes yes Copy of application forwarded to Watershed District 2. Processing Schedule: a. Planning & Zoning Commission Preliminary 10/13/75 b. Park & Recreation Commission C. Human Rights Commission d. Planning commission Public Hrg. ' e. City Council censideration f. Watershed District• 10/15/75 3. Type of Development Highway commercial, regional service and office facilities 4. Environmental assessment or pact statement required per Environmental Impact Policy Act of 1973: ' Yes n56 •1•• 5. Present Zoning /..5 Park, 1-2 Park and Rural 6. Proposed Zoning 1-2 Park, C-Hwy, C-Reg. Serv. and Ofc. Refer to CoMprehensive Guide Plan M.C.A. Study and Lake Smetana Sector Study Consistent with approved P.D.D. or Comp Plan? List variances required & setbacks that apply: Nona requested 7. Project Area 165.7 Acres Density t 65% to be developed 8. Public open space and/or cash dedication 19.37 Ac. Private open space 9.0 Ac. Trail systems & sidewalks Refer to Planner's Report Range of lot sizes Refer to POD Concept & Rezoning Plate 9. Preliminary Building Plans Submitted 10: Representative Soil Borings Required 11. Street System A. Access to adjoining properties Rezoning Plate) Proposed (Refer to POD Concept & R/W Roadway (Back to Back of Curb) Private driveways, no parking 24 . Post no parking signs Leading to Cul de sacs 50 (not ovcr 1000') & minor resdential 28.__ Cui. de sacs 100 78 (no island) 120 98 (with island) Thru Residential (collectors) & Cul de sacs over 1000' 60 32 NSA Parkway Fire Road Pathways 70 46 Required 100 28 divided 12 12 6 Street grades-max. 7.5%, min. .5% Concrete curb & gutter required,. Deep strength asphalt design Required Check City's comprehensive street system. Developer builds 1/2 of parkways at his cost, & R/W dedication N.A. D. Street Names - try to conform with existing in the area. Avoid additional names on cul de sacs having eight or less lots. Check list of existing street names. Required E. Private parking lots--B6-12 cone C&G and full depth asph. design Required F. Street Signs-Developer or City installs 12. Parking: (See Ord. #141) 13. Utility Systems: A. Sanitary Sewer Developer Purchase - City Installs Determination pending further design Developer proposes extension of existing sanitary sewer 1. Service Detail Determination pending further building design 2. Service to adjoining property O.K. B. Natermain: On -site extension proposed by developer 1. Check Service Design (20 psi at highest fixture) O.K. 2. Hydrant location-Fire Inspector Fire inspector to review 3. Valving Detailed plans required 4. Compliance with fire code __ 5. Service to adjacent property existing system Fire Inspector to review Adjacent properties served by rKt C. Storm Sewer &Grading__ _...PlrettPLEEP-PO.ge41 . _ k t Y - S l e . Y 0 1 0 - P e r - - - 1. Sediment control plan Proposed 2. Skirening & grit control for commercial parkin g l o t s ' Proposed No detail plans submitted 3. Positive outlet for drainage ponds Lake Sme t a n a Maximum cut I 30 4. Avoid excessive grading and tree removal Prop o s e d M a x i m u m f i l l t 2 0 ' 5. Arrows showing drainage Not submitted Accomodate drv.inage from adjacent properties O .K. 6. Denote drainage area fbr individual inlets an d p r o j e c t e d h i g h w a t e r for ponds Required 7.. Keep drainage in gutters, not in Center o f s t r e e t 8. Sod drainage swabs and steep slopes Required Required 9. Flood plain encroachment Developer proposed 17% encroachment 10. Watershed District approval Pending District review 11. DR approval Required D. Natural Gas & Telephone 'Underground proposed E. Electric (underground) Proposed 14. Street Lights & On-Site Lighting Required 15. PreliMinary plat to be submitted to MHD or V e n n . C o . i f a b u t t i n g a State or cnonty Nwy. Vinn:?sota Righway Dept. & Hennepin county Hig h w a y D e p t . 16. List spc.eial assessments levied and pending A s s e s s m e n t s l e v i e d : . 6 l 3 3 , Ring Rod, $28,334.25; P4970, Street Improve m e n t , $ 2 8 , 2 0 2 . 3 4 , # 5 6 2 7 , . Additional Ring Road • . Trunk S & 14, $12,662; P6452, Trunk S & W, $1 9 6 , 1 7 8 . 0 0 ; Assessments as Project is completed 17. Re-zoning agreement required Yes . Davelopor's Agreelilent required Yes Title Mstvaet for Attorney's review NO „ „r759 Minutes - Park, Rec. and 'Natural Resources Con. Approved Page Six November 3, 1975 4. Develoument Pr000sala a. 9ondor-Faese1e Realty Co. - Presentation by Don Brauer Mr. Brauer presented the proposal, which included about 165 acres lying along Highways 169 and 1694 to the East to Washington Ave. Be said less than 65 acres are outside of the flood plain. They have requested permission from the Watershed District to build a road which would encroach 17% of the site. He continued that the woods were of high quality and were to be dedicated for open space, with the rest of the flood plain left rural. Be added that if an environmental InPnot statelent was required, the City would have to prepare this. They feel that since this is accessible from the freeways, it is a very sale- able piece of property. The plan is for four automobile dealerships, with access from the back and showrooms on the highway level. Anderson asked if this were the only alternative. Brauer said it is the only marketable use we can see for this now. They were trying to interest corporate headquarters such as the Pillsbury Co., which would occupy the entire site, but these people can name their price and place. Choiniere was concerned that the aesthetic value of saving Anderson Lakes would only be a farce if this kind of use came stout. Brauer responded that Eden Prairie has =anymore amenities than the City can afford. Anderson expressed his opinion that he did not like the bright lights, flags, etc. that would go along with this kind of plan, and he did not feel that it was a desirable use. Penzel cautioned the Commission regarding its' responsibility and any ac- tion which might infringe on the Planning Commission's responsibility. Anderson responded that he felt environmental concerns were part of the PR and NB Commission's responsibility, such as car dealerships' impact on the environment. Brauer commented that the choice is not dealerships etc., but grading. Re said we have shown it the only way it can be developed-there is no alternate way. RDTTON Kingrey moved to refer Condon-Naegele Realty Co. development proposal to the Staff to make analysis and recommendation. Upton seconded, motion carried unanimously. b. raa, T, ,f Acres PrepesNi und\tabled upon arxeiment of Omission members 'amylase of the \--abaccdRUSty,Irvine, th developer, who uould make tha presentation. : ,r7.0nlend Divisioq Id the proposal consisted &ç a dF. ion of land ) establiah-tiv ,r ut is presently Ut. le sat 'Ind diviaio- 3 re1.7.itie1y stTle, -re-v ,ning. As r' 1.xv. Octr. r1Z) CITY OF EDEN PRAIRIE CHECK LIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS DATE: 1/27/76 DEVELOPMENT: _ Condon-Naegele POD L.D. NO. 75-PUD-05-2-18 West of Co. Rd. #18, north of 1-494, east o f T . H . 1 6 9 - 2 1 2 a n d s o u t h LOCATION: of Nine Mile Creek in the sou t h 1 / 2 o f Sec 12 and narth_1/2 of See. _a_ REFERENCE P.U.D. OR PREVIOUS ZONING AGREEpENT: RES. #. DEVELOPER: Condon-Naegele Realty Company ENGINEER/PLANNER: Brauer and Associates, Inc. DOCUMENTS SUBMITTED FOR REVIEW: Informational booklet, supplemental data a n d revised plan dated Dec. 8, 1975 PROPOSAL: Condon-Naegele Realty is requesting conce p t a p p r o v a l , r e z o n i n g , and review of the environmental assessmen t 1. Land Development application filed and fi l i n g f e e & d e p o s i t p a i d Yes Copy of application forwarded to Watershed Dist r i c t Y e s 2. Processing Schedule: 10/13/75 a. Planning & Zoning Commission Preliminary b. Park & Recreation Commission c. Human Rights Commission d. Planning Commission Public Hrg. e. City Council consideration 2/3/76 10/27/76 f. Watershed District 10/15/75 3. Type of Development Highway Commercial, Regional Service and Office Facilities 4. Eilvironmental assessment or impact stat e m e n t r e q u i r e d p e r E n v i r o n m e n t a l . Impact Policy At of 1973: Yes -2- 5. Preselt Zoning 6. Proposed Zoning I-5 Park, 1-2 Park and Rural 1-2 Park, C-Hwy, C-Rag Serv and Qfc Refer to Comprehensive Guide Plan Consistent with approved P.U.D. or Comp Plan? MCA Study and Lake :Smetana Sector Study List variances required & setbacks that apply: None requested 7. Project Area 163 Acres Density 528 to be developed 8. Public . open space and/or cash dedication 4: 32 Ac. Private Open space 9.0 Ac. Trail systems & sidewalks Refer to Planner's Report (11/28/75 & 12/2/75) ' Range of lot sizes Refer to PUD concept & Rezoning Plate 9. Preliminary Building Plans Submitted Io. Representative Soil Borings Required 11. Street System A. Access to adjoining properties Proposed (refer to 1101 Concept & Rezoning Plate) B. Type Roadway (Back to Back of Curb) Private driveways, no parking Leading' to Cul de sacs 50 (not over 1000') & minor residential Cul de sacs 100 120 • ' Thru Residential (collectors) & Col do sacs over 1000' 60 24 Post no parking signs 28, 78 (no island) 98 (with island) 32 17 2 N.SA Design Parkway Fire Road Pathways 70 46 megnir.4 100 28 divided 12 12 Street grades-max. 7.5%, min. .5% Concrete curb & gutter required, Deep strength asphalt design ReguiKeil C. Check City's comprehensive street system. Developer builds 1/2 of parkways at his cost, & R/W dedication D. Street Names - try to conform with existing in the area. Avoid additional names on cul de sacs having eight or less lots. . Check list of existing street names. . Required E. Private parking lots-86-12 cone C&G and full depth asph. design Required F. Street Signs-Developer or City installs City installs at developer's expense 12. Parking: (See Ord. #141) Determination pending further design 13. Utility Systems: A. Sanitary Sewer Developer Proposes extension of existing sanitary sewer 1. Service Detail Determination pending further buiding design 2. Service to adjoining property O.K. 2. Watermain: On-site extension proposed by developer 1. Check Service Design (20 psi at highest fixture) O.K. 2, Hydrant location-Fire Inspector Fire Inspector to review 3. Wlving Detailed plans required 4. Compliance with fire code 5. Service to adjacent property existing system Fire Inspector to review adjacent properties served by 1741/ - 4 - C. Storm Sewer & Grading . .System proposed by developer 1. Sediment control plan Proposed 2. Skimming & grit control for commercial parking lots Proposed No detail plans submitted 3. Positive outlet for drainage ponds Lake Smetana Maximum cut t 30o 4. Avoid excessive grading and tree removal Proposed Maximvm fill± 20' 5. Arrows showing drainage Not submitted Accomcdate drainage from adjacent properties O.K. 6. Denote drainage area for individual inlets and projected high water for ponds Required 7. Keep drainage in gu t ters, not in center of street Required 8. Sod drainage swales and steep slopes . Required 9. Flood plain encroachment Developer proposed 17% encroachment 10. Watershed District approval Pending District review 11. DNR approval Required D. Natural Gas & Telephone Underground proposed E. Electric (underground) Proposed 14. Street Lights & On-Site Lighting Required 15. Preliminary plat to be submitted to MUD or Henn. Co. if abutting a State or County Hwy. Minnesota Highway Dept. & Hennepin County Highway Dept. , 16. List special asseSsMents levied and pending Assessments Levied - (t6133 Ring Road, $28,334.25; $4970 Street Improvement $28,202.34; *5627 Trunk Additional Ring -Road assessments. • .- S &. 14, $12,662; $6452 Trunk S & W, $196,176; as project is completed 17. Re-zoning agreement required Yes Developer's Agreement required Yee Title Abstracts forAttorney's review No Unapproved Planning Commission Minutes -6- Jan. 12, 1976 D. Maple Leaf Acres, by Loren Irvine, request for preliminary plat approval and rezoning from Rural to RN 6.5 for lots 1-7 in Block 1, and all lots in Blocks 2 and 3 to RI-13.5 . The site is located east of T.H. 101 and south of Duck Lake Trail. A continued public hearing . The planner referred the Commission to the watershed letter received today dated 1-7-76. He informed the Commission that todate the Parks, Recreation and Natural Resources Commission has made no recommendations. Mr. Irvine outlined the basic differences in the original submission and the revised plan; 1. no commercial zoning request. 2. 75-100 foot change at the Duck Lake Trail and T.H. 101 intersection. 3. realignment of the roads crossing the floodplain except for Tartan Curve. Mr. Irvine said it was his interpretation of the Floodplain Ordinance that backyards are permissable within the floodplain. He stated that all lots are over the R1-13.5 lot size. In relation trailways, he stated a hikeway/b'leway trail could be constructed along Duck Lake Trail and a 50 foot easement would be granted along the creek. Sorensen questioned the alignment of Tartan Curve with the connection to the south. Irvine estimated the difference in alignment was not more than 10-15 feet. Pauly inquired if further land would need to be purchased to complete the width of the road as shown on the plat. Irvine stated that the easement is already existing. Pauly had the following comments regarding the staff's concerns listed in the November 4th staff report; -the plan is inconsistent with the Purgatory Creek Study. Mrs. Pauly questioned the basis of the statement since the plan is unadopted. -adverse affects on adjacent properties. Mrs. Pauly asked what besides the previously proposed commercial request would be considered as an adverse affect. The planner responded the staff report was based on the original plan :and the adverse affects were in regards to the commercial zoning. Now the only consideration would be if the multiple is considered inappropriate next to single family. -no pedestrian/bike system prop.)sed. Mrs. Pauly stated the revised plan includes a system and asked who will pay for the system? Irvine said payment could be worked out but he would not be willing to construct a path that would start nowhere and go nowhere. approved Planning Commission Minutes -7- Jan. 12, 1976 The planned stated another concern is that no access is provided to the land west of Block 3. Pauly suggested something be worked-out with the Scroggens property and the staff's concerns relative to lots 21, 22, and 1,2, & 3. - Sorensen informed Mr. Irvine that if the City takes unfavorable action in regards to his proposal it is not possible to reapply with a similar plan in I year. Pauly added that that condition can be waived. Mr. Irvine stated Mr. Scroggen has an existing access over the creek. He added that the residents to the north of Duck Lake Trail along the creek have kept their backyards neatly mowed down to the creek and he believes new residents in the plat will take similar care of their backyards. The planner felt the present condition of the creek sides now, i.e., dog houses, fences, extensive moving , etc., are contrary to the intent of the proposed Purgatory Creek Study and a more natural condition is envisioned. Sorensen asked Mr. Irvine if he desired to worked further details out and return to the Commission. Mr. Irvine stated that if lots 1,2,3, 21, & 22 are not possible the road and project would be uneconomical, and the road pealignment further north would not be feasible because of the existing sewer lines. Sorensen asked if lots 2 and 3 could be combined. Irvine responded yes. ' Fosnocht believed a revised staff report should be submitted. The planner summarized the differences as; the plan is inconsistent with the Purgatory Creek Study , advisability of multiple along T.H. 101, an d the Scroggen creek crossing. The planner felt the staff report is applicable to the revised plan. Motion 1: Bearman moved, Schee seconded, to recommend denial of the Maple Leaf Acr e s rezoning and preliminary plat request as it is inconsistent with the Purgatory Creek Study. The motion failed with 3 ayes ( Schee. Beaman) , Sorensen), 3 nays ( Lynch, Pauly, Fosnocht ) and 1 abstain (Sundstrom). Motion 2: Lynch moved, Pauly seconded, to recommend approval of the revised plat a n d rezoning to R1-13.5 and RN 6.5 as requested on the revised plat dated 12-15-75. The motion failed with 3 ayes ( Pauly, Lynch, Fosnocht ), 3 nays (Beanman ,. Sorensen, Schee ) and I abstain (SundstroM). Sorensen again asked Mr. Irvine if he preferred going to the Council without a Planning Commission recommendation or if he would like to return to the Commission with modifications. Irvine desired going to t h e Council with modifications. Motion 3: Fosnocht moved, Bees-man seconded, to recommend the Council set a public hearing on the Maple Leaf Acres request for Feb. 3, 1976. The motion carried unanimously. r1G7 I , - Rec. and Rural Resources Con: 3. Pm/clement preposale a. /We Leaf Acre!! U.:approvt Tart Je mar, 1976 Jesson commented on the Proposal, stating tha t I r v i n e h a e e l i m i n a t e d t h e encroachment in the flood plain completely, a n d t h a t t h e S t a f f r e c o m m e n d a - tion of what makes the most sense would be to a c q u i r e a l l o f t h e l a n d within the conservancy zone, but this solutio n i s n o t v e r y r e a l i s t i c a t this point. Be felt that the plan now is fai r l y a c c e p t a b l e f o r d e v e l o p - meat, but that the area designated as the dr a i n a g e e a s e m e n t i n s t e a d b e delicated to the City as an outlot, that lot s 1 0 & 1 1 o f Block 3 be drorcd from the pint, and that each lot shou l d b e s u b j e c t t o t h e $300 park dedication fee. Irvine, developer for Menlo Acres, said they h a d n o q u a l m s a b o u t m o v i n g lot lines in question end could change drain a g e e a s e m e n t t o d e d i c a t i o n . Be also felt that lot 11 could be worked ou t . H e a d d e d . that they were within the Vatershed District's guidelines. Hrs. Irvine commented that in Lots 21 and 22 o f B l o c k 1 , b e t t e r m a i n t e n a n e e was possible with private ownership. Pierce wanted it to be known that he had tal k e d t o t h e I r v i n e s l a s t ounmer about their proposal, and felt the C o m m i s s i o n s h o u l d b e a w a r e o f this to avoid conflict of interests. The moving of lots linos was discussed in d e t a i l i n o r d e r t o a c c o m o d a t e City requirements. Irvine vas also agreeable t o t h e $ 3 0 0 p e r l o t p a r k dedication fee, since it was City policy. MOTIOU Kingroy moved to accept the preliminary plat a s S h o w n t o u s t o n i g h t o f Maple Leaf Acres; moving the south line of l o t s 2 1 & 2 2 , B l o c k 1 t o t h e north, in accordance with Staff and owner's p l a n n i n g r e v i e w ; i n c l u d i n g whatever might bo done with Lot A, in accord a n c e w i t h t h a t n o v a ; d e l e t i n g lot 11, Block 3 from the plat; and including $300 per lot for park dedication fee as recommended by the Staff. G a r e n s s e c o n d e d t h e m o t i o n . Garens withdrew his second. DISCBSII0g Games asked what advantages and disadvantag e s w o u l d b e i n e a s e m e n t v s . dedication. Jessen responded that in dedic a t i o n , t h e C i t y w o u l d h a v e the right to use that land for trail corrid o r s e t c . a n d w o u l d a l s o h a v e to maintain it, while the problem with ease m e n t i s t h e d i f f i c u l t y 1 4 determining both the owner's rights and the C i t y ' s a n d t h e y a r e b o t h limited. Helmer said he could support the Staff reco m e n d a t i o n f o r a m o t i o n , a n d was opposed to the motion not including th e d r o p p i n g o f l o t 1 0 f r o m t h e plat also. MITION Kingroy moved to accept the preliminary plat a s s h o w n t o u s t o n i g h t of raple Leaf Acres; moving the aeuth line o f l o t s 2 1 & 2 2 , B l o c k 1 , to the north, in accordance with Staff and o w n e r ' s p l a n n i n g r e v i e w ; including whatever night be done with Lot A i n a c c o r d a n c e w i t h t h a t move; deleting lot 11, Block 3 from the pla t ; i n c l u d i n g C 3 0 0 p e r l o t park dedication fee as reconmended by the St a f f ; a n d w i t h l o t s 1 , 2 , 3 , & 4 , Block 2 to be dedicated to the City for pub l i c u s e . G e r o n a m e c o n d e d , m o t i o n c a r r i e d with Helmer casting the dissenting vote and P i e r c e a b s t a i n i n g . . . Ailey-Purgatory Creek Watershed Distrit 8950 COUNTY ROAD EDEN PRAIRIE, MINNESOTA 55343 V:Vi;10at 4YA17116 W47. January 7, 1976 Mr. Richard Putnam City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Revised Maple Leaf Acres Development Dear Mr. Putnam: The engineering staff of the Riley-Purgatory Creek Watershed District has reviewed the revised Maple Leaf Acres Development dated December 2 3 , 1 9 7 5 , as submitted to the District by the City of Eden Prairie. According t o t h e revised plan, the only proposed encroachment into the floodplain is t h e extension of "Tartan Curve". The amount of floodplain encroachment f o r t h e roadway is less than the allowable 2.4 acre-feet of encroachment as stat e d in the DistOct's correspondence to the City dated November 7, 1975, and the proposed development plan, therefore, meets the District's floodpla i n encroachment criteria. As also set forth in the District's previous correspondence, it is the policy of the District to recommend that all structures be set back a minimum of 100 feet from the centerline of the creek. Many of the lots i n the revised development are not consistent with this policy. A grading and land alteration permit must be obtained from the Waters h e d District for this development. A grading and land alteration permit ha s been received by the District, however, the application was not accomp a n i e d by an erosion control plan. Plans showing how erosion will be control l e d during and after project construction must be submitted. According to District Rules and Regulations, the grading and land alteration permit application will be acted upon by the District once the project is app r o v e d by the City Council. A storm sewer plan for the development should also be submitted to the Watershed District for review. Included with the storm sewer plan sh o u l d b e a design of the "Tartan Curve" crossing of Purgatory Creek. Also, a major portion of this development remains in conflict with the "greenbelt" as proposed in the Purgatory Creek Corridor Study. This conflict must be resolved before the development, is approved by the District. rf you have any questions -regarding these comments, please feel free to contact us. Sincerely, I 11:\r) bt, Allan Cebhard BARR ENGINEERING CO. Engineer for the District AC: pa c: Mr. Frederick Richards Mr. Conrad Pinkness Mr. Loren Irvine /169 rt. a,. 18930 Lotus View Drive Eden Prairie, Ninn. 55343 December 19, 1975 Richard Putnam, Planning Direc t o r City of Eden Prairie Eden Prairie, rinn. 55343 Mr. Putnam, I believe you allready have cop i e s o f o u r r e v i s e d p l a n s f o r Maple Leaf Acres deted Decembe r 1 5 , 1975, We would like lots 1 -9 in block 1 rezoned to M. 6.5 a n d a l l r e m a i n i n g l o t s i n the project rezoned to R1-13. 5 . ( n o l o t s t o b e . z o n e d c o m - mercial). This plan contains less than 2 l i v i n g u n i t s p e r a c r e , w i t h a l l lots being over 13,500 square f e e t . N o l o t s w i l l r e q u i r e a n y fill to be placed in the Soodp l a i n a n d a 5 0 f o o t e a s e m e n t i s being provided each side of th e c r e e k a s r e q u i r e d i n t h e ordinance. A bike trail will be provided al o n g D u c k L a k e Trail and we have left extra s p a c e a t t h e D u c k L a k e T r a i l and Hwy 101 intemection for s a f e t y p u r p o s e s . We think only 2 lots need any more than a 2 foot change in the present contour for buildi n g p u r p o s e s a n d t h e o n l y t r e e s needing to be remove for road s a r e a t S u g a r R i l l s C i r c l e . ( 2 elm, 3 maple and 1 basswood) • Sincerely, Joanne & Rusty Irvine CC 1 Jessen Uls tad IVO , C . Maple Leaf Acres, by Loren Irvine, request for preliminary plat approval and rezoning from Rural to RM 6.5 for lots 1-6, Block 1, Community Commercial for lot 7, Block 1, and the remaining lots in Block 1 and all lots in Blocks .2 and 3 to R1 -1 3.5 . The site is located east of TM 101 and south of Duck Lake Trail. A continued public hearing. Mr. Enger referred the Commission to the revised staff report-dated December 3 which states the original report of November 4 is s ill applicable. He reported that the watershed district will not be further reviewing the plat until signifi- cant changes are made. Mr. Irvine asked for the Commission's reaction to the changes that have been made. Sorensen suggested a better alignment of the road. Mr. Enger believed soil borings should be done on all lots along or in the floodplain. &cleft asked if the redesign would incorporate all of the concerns stated in the staff report Mr. Irvine believed it would. Mr. Irvine stated the sewer contractor has not completed restoration of the project. Meyers felt the project would be completed by next Spring. Mr. Bob Nielson,6761 Tartan Curve, said the majority of residents are in favor of the single family development. Mr. Irvine stated he no longer is seeking the community commercial zoning for lot 7. Motion: Feerick moved, Fosnocht seconded, to continue the public hearing to January 12 in order for the proponent to redesign the plat. The motion carried unanimously. MEMORANDUM TO: Planning Commission FROM: Dick Putnam, Planning Director DATE: December 3, 1975 SUBJECT: Revised Site Plan for Loren Irvinis Maple Leaf Acres The Planning and Park & Recreation staff have reviewed the proposed plan changes to Maple Leaf Acres plat. We do not believe that any substantial changes have been made and therefore the recommendations of the staff report of November 4, 1975 explains our analysis and recommendations. December 1 the Park & Recreation Commission recommended denial of the revised plat for Maple Leaf Acres. The minutes of the Commission explain the discussion arki actions. DP:lp 1771 Minutes - Parks, Rec. and Natural Resouroes Corn, giapproved Page Four December 1, 1975 B. Reports of Staff • 2. Development Provoeal a. Maole Loaf k . -crqs Jessen said the proposal has not significantly changed from earli e r proposal and that it in inconsistent with the polioies of the Purg a t o r y Creek Study, referring to nese of October 17, 1975. Choiniere was concerned with the fact that Mr. Irvine, developer, h a d appeared before them several times, and had said he was not notif i e d o f the Purgatory Creak Stray mooting, and that nothing seems to be g e t t i n g accomplished. Jensen responded that when Irvine first presented h i s proposal, we talked about some of the concerns that were not cons i s t e n t with the Purgatory Creek Study, and a revised proposal was submit t e d . They have talked on the phohe many times and not in the of ' fice and possibilities of changing plans were discussed but there were serious sewer placement problems. Irvine explained the problems•he had with meeting recommendation s o f t o o City regarding Parks, Recreation, and Natural Resources. He sai d , d u e t o an overnight on their part, they did have an area map which Show e d e v e r y - thing being filled in. Ho continued, that they spent 5 to 6 hou r s t r y i n g to pinpoint the channel and found there were problems with thom h a n n e l at one point. He added that if they Connected it, it would run o u t s i d e tho flood plain land. Irvine said that he and his Attorney had s t u d i e d the Ordinance and interpreted it to mean that you cannot build any t h i n g within 50', and they have attempted to provide a corridor along Pu r g a t o r y Creek. Be said the Creek could be divided in 20' area with 50' on e a d h aide, making it 60 1 . Concerning the prevision of active play space be said be had net with people in the leehanburn area.ther have indica ted a desire for a perk near them, and some of the people have 'strong s e n t i m e n t s .for developing this in park land. He said he would like to see th e C i t y . own and manage the whole area, because his reason for originally b u y i n g t h e land was to keep it open as long as possible, but can't afford to d o this any longer. He referred to the sewer situation, and said he w o u l d n o t have given the City permission to lay the pipe if he had forseen t h i s p r o b l e m . Ho said he has 070,000 in assessments on his land path Fikkelson left at 850 PM. Irvine responded to a question from a previous meeting regarding a p p r o x i - • mate percent of flood plain land that Mould be used for lots, whi c h w a s 1 8 % . Carens asked Jensen to comment on Irvine's suggestion on the trai l s y s t e m . .lesson said it would take on more importance if there was someth i n g l i k e a grocery store, which would bo a gathering place, and a bike route t h a t would take them thorn and back eafoly woule. be a good thing. /12 9 and Page Five 1.1.,1411.01. Deeceber 1, ?975 2. regalement Pronns%1 a, ruTe Leaf Acres (Cert'd) Jensen caid that pessage over the Creek was not p r o v i d e d f o r , t h e r e is minimum epee° from reed to flood plain area, a n d t h e l o t s a r o u n d t h e Creek are difficult. Irvine cemented that one of the other problems w a s f i n a n c i a l . H e s a i d When you conetruct a read, put sewer pipe in, an d o n l y d e v e l o p o n e s i d e , cost becomes prohibitive unless you can put lots o n b o t h s i d e s . Kingrey asked whether they were aware of the Pur g a t o r y C r o c k S t u d y w h e n the preliminary plat was put together. Irvine responded that he was under impression that they could come in and fil l i n p a r t o f t h e f l o o d plain to make it a buildable area. He added tha t t h e s e w e r a l i g n m e n t was partially done before Flood Plain Ordinance c a n e in. Kingroy felt that a lot of basic difficulties should ha v e b e e n r e s o l v e d before it reached the Commission. Anderson felt that the Flood Plain Ordinance de f i n e s t h e l i m i t s o f w h a t can be allomi, and that it could be filled if the Comnission gave its' approval. Me added that there is a difference o f opinion in Staff and Irvine's reeeest. " : ' • : 'e. ,e ' , Choiniere said that the flood plain should rema i n i n t a c t a n d b e m a i n t a i n e d within the guidelines estebliihed, or velaave n o t h i n g b u t p r o b l e m s d u r i n g a vet year. This was his position to Mr. Irvine, so he would know how be stood on the natter. Fenzel suggested Irvine work out those concerns in further action with the Staff, now that he had a feeling for what the Co m m i s s i o n t h i n k s . NE101 Andereen moved thnt the Commission releet the Ma p l e L e a f A c r e s p l a t a s presented, besed on the fact that the plan infri n g e s o n t h e f l o o d p l a i n , and ehst tho location of EC=0 of the roads and bridges are over the flood plain area. Kiegrey seconded, motion carried uu n n i m o u s l e . pIsmrszon --- Irvine celled uhother the flood plain could be u s e d a s a b a n k y a r d f o r p r o - posed duplexes. There as discussion of various w a y s o f a c c o m p l i s h i n g t h i s . . Jensen connentcd that an easement would be necessary. 1. ee75-e6laneer RE:orreieen Prorram Jessen reported that the skiing and skating les s o n s p r o g r a m w i l l b e s e l f - supporting, skating rinks are provided without c o s t , a n d t h a t t h e m i n i - r i n k s are going along very yell. The possibilityofhevine Prairie View Elementary open during daylight boors for use of tho skating rink was discussed, and if Commission approved, they mo u l d 'hire a rink atteniont to supervise both inside and outside for weekends and . 17'29 rw ed • Minutes -3- No'. 24, 1975 Maple Leaf Acres, by Loren Irvine, request for preliminary plat apprQval and • rezoning from Rural to Rm 6.5 for lots 1-6 Block I, Community Commercial • for lot 7 Block 1,and the remaining lots in Block 1 and all lots in Blocks 2 and 3 to R1-13.5 . The site is located east of TH 101 and south of Duck Lake Trail. A continued public hearing. Mr. Irvine reviewed the following changes in his submission; 6 lots with depths of 130-150 ' along TH 101 not 9 lots, commercial on lot 7 in Block 1, and the remaining lots as single family.. He stated he has met with the watershed district representatives and can fill up to 2.4 acre feet. Meyers asked if the watershed district had reviewed the revised plan. Mr. Irvine responded the watershed district would be reviewing the plan at their December 3rd meeting. Feerick stated he would like to have the Parks, Recreation and Natural Resources Commission and the watershed district's recommendation before the Planning Commission makes a recommendation. Meyers expressed surprise that marginal land seems acceptable to the Parks, Recreation and Natural Resources Commission for parkland. Motion; ' Feerick moved, Lynch seconded, to continue the public hearing until the following Planning Commission meeting ( Dec. 8) pending reports from the Nine Mile Watershed District and the Parks, Recreation and Natural Resources Commission. The motion carried unanimously. /715 Minutes — Parks, Rec. and . Hattuol Reaourcos Corn. .approved Page Four Now:mbar 17, 1975 L rzs.,,parzia a. P.vrAn L"- Ne. Rusty Irvine prosetted modifica#ona to bin development proposal. Be explaiond that the truak sewer was laid 30' North of the cascmont and that all measurements gero taken from that trunk line and were all taken outside of the cam:amts. He added that they were proposing 3 acres to be rode into a Fork, a 50 1 eoasment along tho Crook to Duck Lako Trail, and that 1.2 to 1.5 acres to be filled of the flood plain. Holmor inquired how ruch of tho y3ar the area could bo used for recreation. Irvine responded that nine or 10 months and maybe the whole year depending on the channel. He added that the problem area is about 3/4 of an acre. There was discussion as to the adcauaoy of the area as a neighborhood facility. Jessen maid it definitely was not adequate for neighborhood facility, but would work as a mini—park. 1DTION • Upton moved to recommend that the Staff study this farther and bring it back to the Coriaission with their recommendations. Hingrey seconded, motion carried. DISCUSSION AnOerson reforred to the Purgatory Creek Study in which the roccattondation was to loLtall strueturos for regalation of water flow Snd 'control the movement of rough fish in the arca. Ho commented that this is the other recommendation for the uso of the land for this area. Yrs. Joanna Irvine requested a copy of the Brauer Purgatory Creek Study, and colx.lentod that they had not been notified of the Frovious mooting hold regard- ing the Study. alisrovcd Planning Commission Minotes -4- Nov. 10, 1975 4. D. Maple Leaf Acres, by Loren Irvine, request for preliminary plat approval and rezoning from Rural to RM 6.5 for lots 1-9 Block 1, Community Commercial for lots 10-12 Block 1, and the remaining lots in Block 1 and all lots in Blocks 2,3 and 4 to R1-13.5 . The site is located east of TH101 and south of .Duck Lake Trail. Mr. Irvine stated the sewer line used as the basis of measurement was inaccurate and now the plat must be redesigned . Sorensen asked if the redesign would be prepared by the commission's next meeting. Mr. Irvine responded affirmative. •.11 Sorensen referred the item to the staff and continued it to the Commission's next meeting. /77? 18930 ' tus View Drive Eden Pidirie, Minn. 55343 November 9, 1.975 Mr. Richard Putnam Eden Prairie Planning Director 8950 Eden Prairie Road Eden Prairie, Minn. 55343 Dear Mr. Putnam, After reviewing the questions and recommendations on Maple Leaf Acres, we decided last Thursday to survey the exact locations of the creek, the foodplain, and where soil borings would be needed. We discovered that the trunk sewer line is located up to 30 feet outside the city's sewer easement. We don't have an immediate solution to this problem, so would like to request the Planning and Zoning Commission delay their action until we can resolve this unbelievable problem. Sincerely, Loren R. & Joanne M. Irvine cc; Carl Jullie Martin Jessen Al Gebhard Roger Ulstad trn flea*,-. n *bSflJ 5910 COUNTY ROAD C4 EDEN PRAIRIE, MINNESOTA 55343 November 7, 1975 Mt. Richard Putnam, City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie. Minnesota 55343 Re: Watershed District Flood Plain Encroachment Policy Loren Irvin's Maple Leaf Acres Development Deer Mt. Putnam: The Watershed District has received two development plate for the Maple Leaf Acres Development. One development plan indicates a major flood plain encroachment with a 15 foot wide channel carrying the Lotus Lake Branch of Purgatory Creek through the development and the second development plan . indicates less of a flood plain encroachment with a 3-acre park within the flood plain. In discussing the development plans with Mr. Irvin, it appears there is confusion about a number of factors including the location of the sanitary sewer easement and temporary haul road that was placed on the property. • • ' In t4der to expedite city review of this proposal, the District Me' computed the amount of flood plain encroachment allowed under District criteria. Our computations indicate that of 8.7 acre-feet of flood plain volume is included in the Maplh Leaf Acres Development. The total flood plain volume between Duck Lake Trail and T.H. 101 is approximately 12.8 acre-feet. An encroachment of approximately 282 will raise the flood plain elevation a distance of .5 feet in this reach. Therefore, Watershed District criteria would allow a maximum of 2.4 acre-feet of encroachment into the flood plain of Purgatory Creek by the Maple Leaf Acres Development. The flood plain encroachment shown on the two development plane submitted to the District are in excess of this 2.4 acre-foot limit and would, therefore, not be acceptable under the Watershed District's criteria. The Watershed District notes that lots are shown to be platted across Purgatory Creek. Purgatory Creek and its bed and banks are public property and, therefore, cannot be included within platted lots. It is the Watershed District's policy to receemend to the City that all buildings and other structures be set back a minimum of 100 feet from Purgatory Creek. The Watershed District recommends that this criteria be adhered to by this development. The development is also In conflict with the Purgatory Creek Trail Corridor Study recently completed for the City and for the Watershed District. Provisions should be made for pedestrian MONESOnt along the creek corridor through this area. The District encourages the my to require the developer to either dedicate land on both sides of Purgatory Creek through the development or also require that land on both sides of Purgatory Creek be platted as outlets. If you have any further questions about the Watershed District's review of this development, please contact us. AG/11c e: All Managers • Mr. Frederick Richards Mr. Lore:: Irvin Sincerely, PLAtillt Allan Gabbard SARA ENGINEERING CO. Engineer for the District STAFF REPORT TO: Planning Commission FROM: Dick Putnam, Planning Director ; Marty Jessen , Community Services Dir. DATE; November 4, 1975 SUBJECT: Maple Leaf Acres 1. General Information a. Landowner : Loren II. Irvine 16930 Lotus View Drive Eden Prairie, Mn. b. Developer: Loren R. Irvine ( assumed no documentation ) c. Project: Maple Leaf Acres d. Method of Property Control: ( assumed no documentation ) fee title e. Professional Com3u1tants: Hedlund Engineering Services 2. project Status a. Existing zoning-Rural b. Present use - water storage, creek, marsh and open land c. Surrounding land uses- single family homes north and south, T. H. 101 on the west, and vacant and single family homes on the east. d. Guide Plan use - Tow density single family and open space. 3. Project Imniementation a. Proposed land use : 46 single family lots 9 duplex/double bungalow lots 3 commercial lots for highway or community commercial use R1 13.5 RM 6.5 C-Corn b. Method of development- ( assumed no documentation ) sell platted lots for single family to builder, sell commercial and multi- family lots to builder c. Timing & Phases - ( assumed no documentaticn)Spring 1976 for single family lots adjacent to Duch Lake Trail. d. Financial Capabilities - no information provided. 4. Natvral Site Conditions a. Topography - rolling farm land with slopes up to 18%, low land , flood plain and Purgatory Creek Corridor through center of site. Staff Report-Maple Leaf Acres -2- Nov. 4, 1975 Source - Hennepin County Soil Survey Ma - Marsh Pm - Peat Muck Bp - excavated area not suitable for community urban develop- ment Soils in these groups are generally buildable depending upon slopes. Over 12% slopes result in high building costs for streets, utilities, and sites. c. Water & Drainage -Purgatory Creek flows through the site and is discussed in the Purgatory Creek Study and the Riley/Purgatory Creek Watershed District Overall Plan. The following policies and maps are excerpts from the Riley/Purgatory Creek Plan. 8. MARSH AND WETLAND ENCROACHMENT The Managers are concerned with any encroachment into the marshes and wetlands of the District. Wetlands within the District can be classified into three general categories: flood plain, potential upland storage sites, and other open space areas. Park, open space, and greenbelt areas of the District are shown in the Appendix. This map, Figure 18, indicates the areas which the Managers believe should be maintained and preserved. These areas conform to the Park and Open Space Section of the Metropolitan Development Guide and municipal and enunty land use plans. The Watershed District has delineated the regional flood plain and will protect wetlands within the delineated flood plain consistent with criteria outlined in the flood plain encroachment portion of this section. Ha HeC HbB HcC 2 libC HiC LrB Staff Report-Maple Leaf Acres -3- Nov. 4, 1975 Marsh and wetland areas suitable for potential upland storage of storm water and open space should be inventoried by the municipalities and delineated on the municipal drainage plan and On the municipal open space plan. Where feasible, the Managers of the Watershed District will support the preservation of these marsh and wetland areas. . The Managers are concerned about Me effects of dredging within Marsh and wetland areas. Dredging can affect local water table conditions and ultimately change the ecology of the marsh and wetland. The proposed rules and regulations of the District require the submittal of all dredging plans in marsh and wetland areas to the District for review. The site drain to the marsh flood plain along Purgatory Creek and then northeast to the major flood plain north of Duck Lake Trail. d. Vegetation - The site has 3 significant areas of woodlands as illustrated on the following graphic ( cross hatched areas ). The eastern woodland is associated with marsh edge while the other two areas are upland hardwoods. Along the creek & marsh are young stands of aspen, box elder, etc. Some of this vegetation was removed during sewer construction this year. nsa. Staff Report-Maple Leaf Acres -4-- Nov. 4, 1975 e. Wildlife Habitats - The following excerpt by Norm Stone, Naturalist Is from the Purgatory Creek Study and outlines site habitats. PIGH'4AY 1/101 to DUCK CREEK TRAIL. Leaving Pighway #101, the intermittent stream drains through an old occupied farmstead. Moving Northward, it then enters a relatively dry vied canary grass marsh. A dense stand of cattail is located near its middle.. More the stream course is poorly defined. Exiting the marsh, it passes through a short ravino just above Duck Creek Trail Road. Except for the marsh, most of the stream bed is firm, tending to be somewhat rocky at the lower end. .The slopes on both the East and West are mostly open, Abandoned fields or pasture. Only a couple small active fields are present. Presently, the slopes are good wildlife habitat. Particul- arly the Northwest slope, where abandoned Agriculture is reverting to shrubs, plus a sizeable thicket of aspen , cherry, basswood, box elder and ironwood. A buck deer is based here, plus cotton- tail rabbit and ringneck pheasant on the fringe. Although the homestead is well inside and tends to detract from attractiveness, Plus the intermittence of the stream, yet this section does offer an excellent wildlife flowage site. Utilizing available runoff and the ravine as a small structure site, the canary grass-cattail marsh could be flowed. A small but excellent weiaand would dovelope whose habitat would be extremely attractive for many species of birds and mammals. The ; Northwest slope would offer elevated viewing. Any trail develop- ment should Also be on this West side. 1113 Staff Report- Maple Leaf Acres -5- Nov. 4, 1975 5. Maple Leaf Acres Plan Evaluation a. Impact upon Purgatory Creek - The proposed plan would significantly affect Purgatory Creek from water storage , natural perservation and future land use standpoints. The following discusses policies proposed by Brauer & Associates under a contract with the Riley Purgatory Creek Watershed District and the City of Eden Prairie for the Purgatory Creek Study. The Study has not been adopted by the City at this date but does propose policies and land use alternatives which affect the Maple Leaf Acres proposed plan. • corridor concept The most critical Policy question facing the public decision makers as develoirent proposals along the Creek are being received is hewn:tic/land which land should be reserved for public use. Having decided that question, the managonent of those resources can be out-lined and practiced as required. concept basis • While the corridor presents a wide variety of visual and physical conditions, the study teen concluded that most of the critical characteristics allich should be preserved and the elarents essential to effective managarent are to be foued in a relatively limited space adjacent to the creek itself. Criteria utilized as a tesis for the reccemendation included: • ?Rod plain delineation and storage requirements . lepography (slope and Shape) • Vegetation (assceiations as well as specimens) .Soils • . Geology . Orientation • Wildlife (population and variety) • Recess (visual as well as physical) • . Unique features . Ridge or "rim" definition (visual consideration, fcrm-giving elements) • Utility easements and structures . Adjacent land use (existing and proposed) Each of these decision bases was delineated in a graphic form suitable for interpretation as a single eleaant or in coMbination with one or all of the others. Because of the scale Of the graphics and a limited budget for report prepara- tion, that gra;hic analysis is tot included in this document. The full-scale work, hceever, was nude available and utilized by the consultant team, the steering comittce and the community seminar groups. Protection of the flood plain was consistently given the highest priority in ranking criteria for prot.Lction. The loss of flced plain through urbaniza- tion creates hardships en de.mstreaM landscape, developeant, health, safety and rcoreaticual utilisatit., as well as direct econmaic lots to piblic and priyate investese. ora. val1.1 Int km WI .0 ...,„0„. dot.lex ate ionnnto* fritrA•gyeasof 11141.4401t wyttat -.4.019 en, d,,e? inlair 4 inatbfraMeetlas /wyrtin. ,Ap,•''',..i, re k• ,, ........, ,..„0.,,, ''''';',..',... ''. , " % ' ,,,M 1 • - - ..i. . . .z5•,,,Ir-'' , CPWIMI 4 —1.14 "."4". are ir-41•1•04-1-6,4 ctn. .I;allopt 44444"m'ais haat frn4rwtrwal""layatoteek anti our ArgI4 TYPICAL SECTIONS I r --t 11,100. • "r0.4 1. 11/..VIA4 O.% .4 'the total arca to be preserved and ,i,anaocd is divided into two distinct parts: conservancy area and transition zone. Conscrvang area Based upon the corridor analysis a typical creek section was selected for ad- ditional evaluation. It was determined through this analysis and additional testing thet an area vital to 60 acres/lineal creek mile would provide adequate protection for the resources associated within the corridor. Sixty acres/lineal creek mile is roughly equal to 250 feet either side of the creek centerline. In delineating the 60 acre concept we were not bzond to a specified distance as indicated by the 250' - this is only an illustrative figure. In reality the limits of the "conservancy area" arc flexible - adapting to specific site conditions, (larar.cape form and features). The sectiona illustrated below best describe the process. Topographic configura- tion may allow for the depth of the r'conservancy area" sections to be only 50' on one zid Anile the other side of the area may require 300' to achieve the desired objective. corridor concept Transition Zone The acreage which lies immediately behind the designated "conservancy" area would be classified an a "transition" zone. The extent of this zone will very, defending upon the extrinsic and intrinsic constraints exhibited by the particular parcel unler investigation. The existing lard USCS will re- math, hut new develop:ea will be subjected to additional evaluation by the Planning Cumin:rich. Criteria for evaluation will include the impact of the proposal upon the system. It will lxi the responsibility of the developer to illustrate to the City the potential impact of the ptepened tire en Use natural system. The developer will be losixinsible for the following: S• pecifying erosion control practices to be instituted during con- struction (City standitals). • Determining the amount of runoff created by the proposal eel the disposal of said runoff. • Justifyinj visual alteraticn and eneroachnent. • Insuring that. ditty (net units/acre) and peremtege of coverage Are in confoinonce with the zoning ordinance. • Confonaiig to other pertinent regulations. The :timid receive special attention within this tranatSoal sow (as delineated on (Jre rector plan) dbe to the t hP-Igl"Phic configuration of the art-a. Staff Report-Maple Leaf Acres -7- Nov. 4, 1975 typical areas As with Any valid rule, the exceptions, the atypical erriditions, serve to prone the rule. Three major exceptions occur in the Purgatory Corridor: • The "Big Marsh" with of TB 5 as it passes the Major Center Area Dr10. • The extensive wetland area (presently owned in part by the City) north of Valley Vii Real on the west boundary of the Edenvale PD. • The expensive uetland/marsh area in the northwest corner of the City north of Duck Lake Trail utiere the creek flows northeast out of Lotus Aside from representing the bulk of useful flood storage capacity of the watershed within the corridor, these areas offer the opeort,unity to develop ccmpatible, large-scale, open-space recreational areas and facilities within the community. Far these reasons the recalevnded 60-acres per creek-mile and the flood plain limits are exceeded in there three areas. Uses wcold have to be developed wit consideration to periodic flooding and compatible to the overall plan for the corridor, through vtich people could continua to take advantage of the rewire utile not eliminating the potential storage capacity of the flasd plain. recreation concepts The developennt of the corridor as a recreational resource should integrate the existing and proposed perk/open space lands in Eden Prairie. As has been identified, particular areas (spaces) within the liaear system possess the potential to he developed for a variety of purposes. The marsh south of Highway 5 is an area which has the potential to ha developed as a sajor recreation area (intense use). The Searing Lake area should be developed for water (leNe) oriented recreational activities. The marsh in the Wenvale area should be used for less active recreational purposes such as outdoor education prograes, and habitat restoration programs. The linear creak system provides the =rider by which to link these diverse recreational opportunities. Elemen"s exist outside the corridor whim should be linked to the systan. Through such planning the Purgatory Corridor would beccee the recreational spine within leen Prairie. The following plan illustrates a concept of ebanacting recreational resources (existing and potential) to form a loop system serving the 'entire connemity. Elements which should Le'tied to the Purgatory System include Round Lake Perk, the Preserve and Are:T.-en Lakes area, leCte, Forest Fills School/Perk, the Red Rook area (sector stay) itchell Lake, etc. Through a program such as thit, major recreation areas “ni (len spaces tun be linked together through a sy stem of trails for pedestrians and nen-motorized vehicles. • )! • • .••• j t 577j.,‘•••,4) h it.--1N • • :NV s• C , 111 ;1 ..f -7 • ( • • (4.hi. • s% '• 1 -• I I ). • • , • Vti.V.27' • • Staff Report-Maple Leaf Acres Nov. 4, 1975 - 9 - sector analysis duck lake trail sector purgatorv creek Environmental Setting • Natural Features: The area is generally characterized by low, rolling topo- g-Wry and a poorly defined drainage system. A major .portion of this sector is marshland, which provides excellent habitat for a variety of wildlife species including beaver, mink, muskrat, fox, racccon, deer, duck, rabbit and pheasant. vegetation is made up of dominant lowland-associated plants: dogwood, willow, basswood, aspen, and saw upland hardwoods on the marsh edges. flooddich %.mtlandstw gztand deciduous trees / shrubs, residential dOvOrogrannetN) t" • - TYPICAL DUCK LAKE TRAIL SECTION Land Use: This area has historically been used for agricultural purposes, bUE-UW -pattern today tends toward the single family residential unit. Open land exists beyond the marsh to the west-northwest and to the northeast, how- ever, proposals have been made on the development of portions of this open land. The area is in need of recreational acreage for neighborhood and can- enmity use. Constraints: Very little disruption of the natural environment has occurred in the iinWOdiate Creek Corridor to date. The concern will be in establishing a control for maintenance of the present condition. Soil conditions will affect use of land within the corridor (flood plain). Opportunities: Excellent opportunities for the development of neighborhcod recreation site(s) and trails exist within the corridor. Unique vegetative areas exist within this sector--this includes tamarack and remnant prairie species. Development Proposals: A 120-acre P.U.D. proposal was made for land within the Corridor by the Edina Builders group. The proposal has since been with- drawn. Recommendations Potential use: The major element within this area is the "marsh". The area between -higliTiay 101 and the marsh should be protected for trail developrent. • The marsh should be utilized for both active and passive recreational purposes. This would include wildlife observation trails, and opportunities for inter- pretive developnents. The development of trails should initially include peripheral marsh trails. Management: The marsh possesses the elements necessary for creating a wildlife flowage by increasing water levels. By establishing a program of water level stabilization and storage, flows downstream can be maintained throughout the seam). The structures installed for regulation can also serve to control the mcsteent of rouah fish. Control: The area between 114neme 101 and Duck Lake Trail can be maintained with the protective 60 acres/creek mile concept while the "march" requiter, brwd-readling controls tomnintain the envinximmt and unique habitat. This would require protection to the 910 feet above nean sea level contour (approxhnate). The marsh is ono of the atypical arras within the systemwhidi requires regulation Lrearnd that which is included in the 60-aere concept. pm/ Staff Report-Maple Leaf Acres -10- Nov. 4, 1975 S emmary The staff does not believe the Maple Leaf Acre plan is consistent with the policies of the Purgatory Creek Study. b. Impact Upon Adjacent land - The plan requests commercial zoning on lots 10,11 and 12 of Block 1. The site as proposed is a triangle about400`x 450 'x 600 ' feet and slightly over 2 acres in area. No documentation as to proposed land use, access, or traffic generation was provided . The proximity of the proposed commercial development to existing homes north of Duck Lake Trail and the proposed homes in the Maple Leaf Acres plat is not a positive relationship. Site evaluation , frontage, lack of buffer space, and traffic access questions produce a negative impact upon adjacent properties. The multi family lots 1-9 proposed as double bungalows would front on the Internal local street and back onto T.H.101. The proposed lot depth is 137 feet and frontage of 112 feet would produce home setbacks from T.H.101 of about 45 to 70 feet. Since no design has been submitted for these units we must estimate size of units and general lay out. The staff does not believe the proposed plan provides a high quality multiple dwelling site because of the lot size, proximity to T.H.101 which is elevated adjacent to the lots, street configuration and flood plain encroach- ment required to serve the lots. The 46 single family lots proposed are a consistent land use with the surrounding area. The configuration of lots in certain areas raises questions as to the impact upon future platting and development of other properties. The staff's specific concerns are ; 1. Lots 8,9,10 and 11 in Block 4 reduce existing home lots to a ' minimum-for Mr. Irvine 45' backyard, and for Mr. Kerber 35' garage from rear lot line. 2. Sugar Hills Circle , a cul-de-sac is located in the major wooded area on the site. Such street construction combined with smaller .11 lots ( 90-100' min. depth ) and grading of 7 - 9 feet will signifi- cantly alter the existing wooded area. 3. The southern end of proposed Tartan Curve will require purchase or dedication of additional street right-of-way to serve lot 19,Block 3. 4. To construct on lois 1,2 & 3 in Block 2; lots 2 and 3 in Block 3 j and lots 1 and 2 in Block 4 , the home site will require filling and possible muck excavation of the entire lot as they are in the flood plain. 5. Lots 1-5 in Block 1 and lot 1 in Block 2 require significant tree removal and flood plain marsh encroachment in order to build on those lots as proposed. 6. The Floodplain Ordinance ( # 276 ) requires dedication or easement of 100' from each bank of channel. This could eliminate lots 2,3 and 4 of Block 3. r1 8 Staff Report-Maple Leaf Acres -11- Nov. 4, 1975 7. Lot 2 in Block 2 is unbuildable without major setback variances due to the sewer easement and street lay but. 8. No access is provided to the John Scroggins land west of lots 3-6 in Block 4. The easiest method to develop that property would be a cul-de-sac from Tartan Curve. 9 • The Maple Leaf Acres plan does not provide access to the Gust Falden property. Such platting has a major impact upon the developability of the Falden land.. 10. Purgatory Creek would be piped or ditched through private backylrds and would make trail connection to .Lotus.Lake difficult. SUMMARY & RECOMMENDATIONS Summary The staff does not endorse the Maple Leaf Acres Plat submitted by Loren Irvine for the following reasons; a. The plan is inconsistent with the Purgatory Creek Study. b. The plan would have adverse affects upo'n adjacent landowners' property values, future development options and natural character. c. The plan would dramatically change the function, character, and scenic quality of the ecological fboci plain, marsh and wet edges along Purgatory Creek. d. The commercial and multiple family land uses are inconsistent with the 1968 Comprehensive Guide Plan. e. The proponent has not provided sufficient information to fully assess the environmental impact of the proposed development. f. The plan proposes almost totalfilling of the flood plain as illustrated to the 891' contour with the creek channeled into a ditch and culvert. g. The plan does not provide any pedestrian/bike system. h. The Maple Leaf Acres Plan does not reflect the development philosophy of the City of Eden Prairie as evidenced by numerous rezoning actions, City ordinances, studies and the Comprehensive Guide Plan. Recommendations 1. a. Recommend approval of the Maple Leaf Acres plan for rezoning to C-Corn for lots 10-12 Blockl, PM 6.5 for lots 1-9 Block 1, and R1-13.5 for lots 13-24 Block 1, and all of Blocks 2, 3 and 4. The rezoning is based upon the prelim- inary plat of Maple Leaf Acres submitted by Loren R. Irvine. b.Recommend approval of the preliminary plat for Maple Leaf Acres. 2. Recommend denial of the Maple Leaf Acres Rezoning request from Rural to C-Corn, PM 6.5 and I21-13.5 and preliminary plat for the reasons outlined Jr. the November 4th staff report. The Park & Recreation and Planning staff recommend alternative 2 based upon our review of the information submitted by the proponent. DP/jmj • :approved ?:annitig C.Jc .acisr:for. October 28, 1975 N. PETITIONS AND REQUESTS. PUBLIC HEARING. A. Maple Leaf Acres, by Rusty Irvine, request for preliminary plat approval and , rezoning from Rural to RM 6.5 for lots 1-9 Block 1, Cr,o»-,unity Commercial for lots 10-12 Block 1, and the remaining lots in Block i and all lots in Blocks 2,3 and 4 to R1-13.5. The area is located east of TH 101 and South of Duck • Lake Trail. Rusty Irvine presented his proposal for rezoning and stated the 3 acres proposed as park would require some fill in the floodplain and he Is working with the Watershed District. Mrs. Linda Welch, 18810 Harrogate Drive, was concerned that the Community Commercial would attract traffic at the already dangerous intersection -)f TH 101 and Duck Lake Trail. Meyers asked the staff to evaluate the proposed Community Commercial as to access and berming. She also felt the Watershed District's response would be necessary In order to completely evaluate the proposal. Meyers then questioned the depth of the lots on TH 101 as to the quality of living environment they woulc: offer. Meyers suggested cash in lieu of the park land proposed should be investigated because the land may not be suitable for park purposes, a trail system should be investigated, &.zhalternate to the 20 foot drop from Sugar Hills Circle to the turn should be determined. Sorensen was also concerned about the depth of the lots along TH 101 and he felt the staff should address the grade at Lochanburn Circle and investigate • the possibility of squaring off Duck Lake Trail and 101's intersection. Sorensen referred the request to the staff, Parks, Recreation, and Natural Resources Commission, and the Watershed District for reports and recommendations. Motion: Boerger moved, Meyers seconded, to continue the public hearing to November 10, 1975. The motion carried unanimously. CITY OF CEARELTEEN 7610 LAREDO DRIVE o p. 0. BOX 147 e CHANHASS E N , M I N N E S O T A 5 5 3 1 7 0 ( 6 1 2 ) 4 7 4 -3865 October 20, 1975 Mr. Richard Putnam, City Plannet' City Of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: Your file LD-75-2-19-P12 (Maple Leaf Acres),, Dear Mx. Putnam: Received this date, October 17, 1975, notice of public h e a r i n g for Mr. Irvine's proposal to construct Single Family an d M u l t i p l e Family Residences and Community Commercial land uses in S e c t i o n 6 , Township 116, Range 22, Eden Prairie, Minnesota. I have reviewed Mr. Irvine's proposal and find it gener a l l y inconsistent with the following: 1. Eden Prairie's adopted Comprehensive Plan, under date of August, 1967. 2. mHo's plan for S.T.H. 101. 3. Riley/Purgatory Creek Water Management Plan. 4. Chanhassen's and Eden Prairie's plan for linear open space along Purgatory Creek. I trust my comments will be forwarded to your Planning C o m m i s s i o n on October 27, 1975. Thank you for letting me correspond with you on the abo v e m a t t e r of mutual concern. Respectfully submitted, CITY OF CHANHASSEN Bruce Pankonin City Planner P 19. BP:k 18930 Lotus View Drive Eden Prairie, Minn. 55343 . August 14, 1975 Mr. MartyJessen Eden Prairie Village Offices Eden Prairie, Minn. 55343 Dear Mr. Jessen, I would like to apply for a permit to deposit s o m e fill 6n the flood plain on land we own between H w y 1 0 1 a n d Duck Lake Trail. This fill is presently stock p i l e d o n our land as left otier material from the sewer p r o j e c t in the area. This rlood plain area resembles area resembles a large plate, with water entering from Lotus La k e t h r o u g h a 24 inch culvert, under Hwy 101, and exiting t h r o u g h a 42 inch culvert under Duck Lake Trail. This is a d i s t a n c e of 1600 feet with about 6 feet of fall, but the C h a n n e l is so full of debris that water flows out onto t h e f l a t area. We then end up with areas of stagnate water, w h i c h really pleases the Metropolitan Mosquito Contro l p e o p l e . A even worse problem for nearby residents are t h e c a r p that become trapped and die and smell and smel l a n d s m e l l . There is no water flowing from Lotus Lake at p r e s e n t a n d one sewer workman estimated 2 days ago that th e r e w e r e 1000 dead carp in the area now and another 30 0 0 l i v e c a r p who will join their deceased brothers in sever a l d a y s w h e n the area completely dries up. We would like to develope some of the area arou n d the flood plain for single family homes and ma k e s o m e o f the flood plain into a park and playground. W e d o n ' t h a v e all our plans finalized yet, but filling in fr o m t h e W e s t side would go a long way in eliminating a mosq u i t o h a t c h e r y and carp cemetary. Sincerely, Loren E., Irvine P.S. It is my understanding the Watershed Dist r i c t d o e s • not consider this area necessary for flood cont r o l , w h i c h is obvioUs when you consider the culvert under D u c k L a k e Trail will handle 3.6 times aa.Much water at th e c u l v e r t • under Hwy 101. / • 1)11 cc; Ulstad Julie Putnam I'-1q3 • Review of Proposal Revised 12-15-75- CITY OF EDEN PRAIRIE CHECK LIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS DATE: 1-27-76 DEVELOPMENT: Maple Leaf Acres L.D. NO. 75-Z-19-P-12 LOCATION: East of T.H. #101 & south of Duck Lake Trail in Section 6 REFERENCE P.U.D. OR PREVIOUS ZONING AGREE•,ENT: None RE'S. #. DEVELOPER: Loren R. Irvine ENGINEER/PLANNER: Hedlund Engineering DOCUMENTS SUBMITTED FOR REVIEW: Preliminary Plat drawing PROPOSAL: Rezoning from Rural to R1 13.5 and PM 6.5 1. Land Development application filed and filing fee & deposit paid Yes Copy of application forwarded to Watershed District Yes 2. Processing Schedule: a. Planning & Zoning Commission Preliminary 10-27-75 b. Park & 'Recreation Commission 1-19-76 C. Human Rights Commission d. Planning Commission Public Hrg. 1-12-76 e. City Council consideration 2-3-76 f. Watershed District 1-7-76 3. Type of Development Single family detached and multiple reside n t i a l .4. Environmental assessment or impact statement required per Envir o n m e n t a l impact Policy Act of 1973: NO n15- -2- 5. Preselt Zoning Rural 6. Proposed Zoning RN 6,5 (Lots 1-7, Block 1); R1 14.5 (Lots 8-22,_ Block 1. all of Block 2 and Block 3) Consistent with approved P.U.D. or Comp Plan? Comp. plan indicates single family List variances required & setbacks that apply: None requested 7. Project Area 31 acres Density 0.6 lots per acre 8. Public open space and/or cash dedication Approximately 3 acres located in flood plain Private open space None proposed Trail systems & sidewalks Proposed Range of lot sizes 13,000 S.F. to 28,000.S.F. 9. Preliminary Building Plans None submitted • 10. Representative Soil Borings None submitted 11. Street System A. Access to adjoining properties Further review necessary upon formal submittal and consideration of preliminary plat. B. Type Roadway (Back to Back of Curb) .• Private driveways, no 24 parking Post no parking signs Leading- to cul de sacs 50 (not over 1000') & minor residential 28. Proposed 100 78 (no island) 120 98 (with L..land) Cul de sacs Thru Residential (collectors) & Cul de sacs over 1000' 60 32 Tartan Curve /996 Available to property - plans not submitted 4" required -3- MA Parkway Fire Road Pathways 70 44 100 28 divided 12 12 6 Street grades-max. 7.5%, min. .5% Concrete curb & gutter required, Deep strength asphalt design Bearaized C. Check City's comprehensive street system. Developer builds 1/2 of parkways at his cost, & R / W d e d i c a t i o n OK D. Street Names - try to conform with existing i n t h e a r e a . A v o i d a d d i t i o n a l names on cul de sacs having eight or less lots . Check list of existing street names. , Required E. Private parking lots - -86 -12 cone C&G and full d e p t h a s p h . d e s i g n N.A. F. Street Signs-Developer or City installs Develop e r p u r c h a s e s - C i t y i n s t a l l s 12. Parking: (See Ord. #141) 13. Utility Systems: A. Sanitary Sewer 1. Service Detail 2. Service to adjoining property Review of sanitary sewer system pending final design B. Watermain: Available to property - plans not submitted 1. Check service Design (20 psi at highest fixture ) OK 2. Hydrant location-Fire Inspector review required 3. yalving Pending final design 4. Compliance with fire code Fire Inspector to review 5. Service to adjacent property pending final design Review of water system - 4 - No preliminary storm sewer or grading plans have been C. Storm Sewer & Grading submitiir 1. Sediment control plan Required 2. Skimming & grit control for commercial parking lots N.A. 3. Positive outlet for drainage ponds Available 4. Avoid excessive grading and tree removal To be checked 5. Arrows showing drainage not submitted Accomodate drainage from adjacent properties Required 6. Denote drainage area for individual inlets and projected high w a t e r for ponds Required 7. Keep drainage in gu t ter., not in center of street Required 8: Sod drainage swales and steep slopes • Required 9. Flood plain encroachment Minor encroachment proposed at the ext e n s t i o n o f Tartan Curve 10. Watershed District approval Required 11. DNR approval D. Natural Gas & Telephone E. Electric (underground) Required Underground required Required 14. Street Lights & On-Site Lighting Required 15. Preliminary plat to be submitted to MHD or Henn. Co. if abutting a State or County Hwy. Minnesota Highway Dept. (T.H. 4101) 16. List special assessments levied and pending Levied - trunk sewer and water (45627) $23,185.50; Lateral sewer and water (46447) $24,503.06 (6 units for sewer and 5 units for water)Additional lateral asses s m e n t s p e n d i n g at time of final platting due to lateral benefits from inplace C i t y m a i n s 17. He-zoning agreement required Yes Developer's Agreement required Yes Title Abstract for Attorney's review No 1791 approved Planning Commission Minutes -4- Jan. 12, 1976 C. Skelly Oil Company RezOning, request for rezoning from 1-2 Park to Highway Commercial for auto service station remodeling and proposed restaurant. The site is located between Wallace Road and School Road. 15251 W. 78th St. The planner stated the staff is recommending rezoning to Highway Commercial, variance of the 5 acre minimum zoning area, and conformance to all other city ordinances and requirements. Mr. Deiniger, Skelly Oil Co., said he is in agreement with the landscaping required and will cooperate as it has mutual benefit, but they do have cost restrictions and asked if it is possible to phase the landscaping over a 2-3 year period. The planner believed the landscaping could be phased. Pauly expressed concern about other gghway commercial uses on the site if the zoning to Highway Commercial is granted. Fosnocht felt traffic problems may arise if the restaurant is built. The planner stated the restaurant if built would be small and he felt the site plan could accommodate the traffic. Motion: Schee moved, Pauly seconded, to recommend approval of the rezoning from 1-2 Park to Commercial Highway for remodeling the existing Skelly Oil Station and a future restaurant and vary the minimum zoning area requirement of Ordinance 135, but require upgrading of the site to meet other requirements and city ordinances and all recommendations set forth in the January 6, 1976 staff report. Discussion: Bearman asked if the station would sell diesel fuel and if it would be similar to a truck stop. Deiniger responded that they would be selling diesel fuel but the site is of Insufficient size to be a truck stop. Sorensen expressed the concern that to zone the site to Commercial Highway given Ordinance 135 a vast number of uses would be possible and could be detrimental from a traffic standpoint . He felt City policy has been to remove such uses from heavily traveled roads. The planner asked if Mr. Brauer could respond to the site's zoning of 1-2 Park. Mr. Brauer stated in 1968 the highway department said T.H. 5 would be a limited access freeway, so an attempt to preserve rights of property was made and some pieces were placed in Planned Study & others in Industrial because access to the highway was unknown at that time. He said the Skelly property was placed in 1-2 Park because of its size and location to other industrial uses. Sorensen expressed concern that T.H. 5 has numerous uses and proposed uses that will generate traffic. i.e., Prairie Lawn & Garden, Recreational Center, shopping center at Co. Rd. 4 and T.H. 5, etc., and questioned how many more uses the road can handle. approved Planning Commission Minutes -5- Jan. 12, 1976 Pauly felt although there are traffic and zoning concerns the proposed use is reasonable. Fosnocht said he shares the concern with the need to upgrade the station but the unresolved traffic problems and related hazards may out-weigh the need. The planner explained that presently the site has 4 access points and the redesign would reduce it to one 'in-out and one 'in' access and a signal would be forth comming for Wallace and T.H. 5 . Amendment: Sorensen moved, Bearman seconded, to amend the motion and delete and a future restaurant'. The amendment failed with 3 ayes ( Sorensen Beaman, Fosnocht), 3 .nays ( Schee, Lynch, Pauli), and 1 abstain ( Sundstrom). Vote on Motion: The motion failed 3:3:1 with 3 ayes ( Schee, Lynch, Pauly ), 3 nays ( Sorensen, Fosnocht , Beaman ) and 1 abstain ( Sundstrom ). Motion 2: Lynch moved, Pauly seconded, to recommend to the City Council not to require rezoning from the existing zoning of 1-2 Park and allow remodeling of the existing station and construction of a future restaurant with the recommendations a-e on pages 6 & 7 of the Jan. 6th , 1976 staff report. The motion failed 2:3:2 with 2 ayes ( Lynch, Pauly ), 3 nays( Sorensen, Schee, Fosnocht ), and 2 abstains ( Bearman & Sundstrom ). Motion: 3 Lynch moved, Schee seconded to recommend the City Council set a public hearing for the Skelly Rezoning for Feb. 3, 1976. The motion carried unanimously. , LS- KIK. I e STAFF REPORT PROJECT: APPLICANT: REQUEST: LOCATION: FROM: • DATE: REFER TO: Skelly Oil Rezoning Skelly Oil Company Rezoning from 1-2 Park to Commercial Highway South of T. H. 5 between Wallace 6 School Roads Dick Putnam, Planning Director Planning Commission January 6, 1976 Skelly Oil sketch plan, dated 6/25/64 State Highway Department letter dated 3:)eC.30 ,015 BACKGROUND The Skelly Oil station was constructed in 1965 at which time the land w a s zoned C-1 ( Local Commercial in Ordinance # 6 ), The Comprehensive Guide Plan in 1966 indicated the School Road/Wallace Road area as a major indus t r i a l center. The Plan proposed the area as industrial and with adoption of Zon i n g Ordinance 135 in 270 the Skelly property was zoned 1-2 Park. • P.; •7 V I 5.r: aid 7.4 ii-‘‹ ii / I 1711 Based upon the Permitted Uses Section of Ordinance No. 135 defining 1-2 P a r k ( Industrial Parks, Section 8 ), the staff advised Skelly Oil Company that to remodn1 the station a rezoning to Commercial Highway would he require d . The staii= advised SkellV that the service station was a non-conforming u s e under the provisions of Ordinance 135, Section 16, Non Conforming Uses . ,SubdivisiOns 16.1 6 16.2 prohiht enlargement and only "routine maiireena n c e and repair:, are allowed to existing structures. . Because of these requirements C.kn .ily Oil Company is requesting rezoning to Cohne•eial Hilhway for the 1 acrn site. The comapnay plans to remodel the exterior facade of the mtation, e:41 generally improve the site's appearance. Skel4 Oil is also proposing a future site for a restaurant which complem e n t s ' the service station. Staff Report-Skelly OikCompany Rezoning -2- Jan .. 6, 1878 ZONING ORDINANCE 135 Requirements. The Ordinance would allow two interpretations for classification of the Skelly Oil station under 1-2 Park or Commercial Highway. ONE: I-2 Park District might allow the station/restaurant based upon Subd. 8.2 Permitted Uses (b). "Related or supporting office and minor commercial uses." Secondly the Comprehensive Guide Plan indicates the area as Industrial knowing the existence of the rather new service station. Alan, the W. Gordon Smith Company was approved forao auto self-service gas station adjacent to the Skelly Oil site. The W. Gordon Smith operation was a minor commercial service of the bulk plant and warehouse. TWO: The Commercial Highway District was created to allow"areas for establishments serving the highway and freeway travelers and tourists." The types of uses permitted in C-Hwy Districts are "limited to sales and service operations directly related to highway or freeway uses, tourists, and travelers. " Commercial Highway Districts require a development plan for the entire zoned area and building designs. Secondly the minimum zoning area is 5 acres which is designated to "delineate a logical development area and prohibit fragmented and scattered development over the entire interchange area." Clearly Ordinance 135 and the Comprehensive Guide Plan require clustering of highway commercial uses, service stations, restaurants,motels, car washes, etc., on parcels of from 5 to 20 acres. Secondly service stations might be located in other commercial districts if coordinated with larger developments, for example, a service station adjacent to a community shopping center. The detached single service station on an isolated site is not the develop- meat approach envisioned. SITE DESIGN Access The December 30, 1975, letter from the Minnesota Highway Department recommends that all access be from Wallace Road rather than T.H. S. The Highway Department would accept an in only access where the present . western site access is now located. Their concern about the in only access is that it may serve as a by-pass for the Wallace Road/T.H. 5 intersection. A reasonable access plan for the site would reduce the intersections with T.H. 5 by closing School Road and the eastern Skelly Oil driveway. School Road would only be closed and vacated when the connection road to Wallace Road is completed. Staff Report-Skelly Oil Rezoning -3- Jan. 6, 1976 Access to Wallace Road a minor street may be by two driveways. The north driveway closest to T.H. 5 should be no closer than 20 feet to the Wallace Road & T.H. 5 right-of-way intersection. Also, the driveways should be a minimum of 20 feet apart ( sketch ) and meet the requirements of Ord. 141. Building / Service layout Skelly Oil 's phasing plan calls for improvement of the service station and a future 2nd phase restaurant. The site of approximately 1 acre would allow a Floor Area Ratio of .3 one story and •4 multiple story. The site could then accommodate buildings totalling 12,000-15,000 square feet. The site is totally developable within the setback limits and should accommodate the restaurant and service station proposal. Setback requirements of Ordinance 135, Section 2, for Commercial Highway Districts , require 35 feet front yard setback, 20 foot side yard, and 10 feet rear yard. The setbacks in commercial/industrial districts are to be used for screening and not for parking or building development. The Skelly site will have a problem with a 35 foot front yard setback from T.H. 5 right-of-way. The existing pump location would not permit 35 feet, rather 18 to 20 feet is practical. The future restaurant may require removal of the northern pumps to permit a driveway connaetion from . Wallace Road. Othtr alternativcsmay he explored at the time the restaurant is designed, however, the final site plan must provide a separate internal two way driveway serving the restaurant from Wallace Road. ( see sketch on page 4 ) 14443- Staff Report-Skelly Oil REzoning -4- Jan. 6, 1976 ,,,,-, , ,5D g= • t---;„„ ,,,-)..,,, ti,,,,,„ 1 11_1.7_1. 1 , , ,t.,..„...,__ , _ ; i --''' '''.1 n----1 . &n,....._,Yff-#') _4 -livi ww --- ' •t -f .4n!..ckA. 1 .11.- , --- -----,L7.-. rt - ,,,v, 4 Skelly Oil proposes to design the restaurant in a consistent manner with the remodeled service station. Similar materials, arChitectural style, and convenient sidewalk connections are important design elements of the restaurant. Landscaping, Screening, Signage Skelly Oil's proposed site plan does not illustrate site landscaping or screening. City Ordinances 141, 135 , and 172 set standards that must be met prior to approval for a building permit. The W. Gordon Smith Company located adjacent to Skelly Oil is an example of the requirements of the City Landscaping Ordinance. Performance to a comparable screening and landscaping .level will be oxpected of Skelly Oil Company screening and buffer treatment should be concidered around the perimeter of the site particularly along T.H. 5 and vacated School Road. Staff Report-Skelly Oil Rezoning -5- Jan. 6, 1976 An exallent example of landscaping and buffer design for a service station is the Shadow Green Convenience Center to be located in Edenvale. (sketch ) 4t.,‘ „ SECTION The Skelly Oil remodeling and future restaurant shall conform with all provisions of the City Sign Ordinance # 261. Review of the Skelly Oil sign program will be done at the time of building pertit review by the Eden Prairie Building Department. 11 0-- /71K Staff Report-Skelly Oil Rezoning -6- Jan. 6, 1976 Conclusi1ons The City would seem to have three basic alternative actions: One: To 6ny the Skelly rezoning request for rezoning to Commercial Highway and not permit remodeling based upon the non-conforming use provisions of Ordinance 135. Two: To not require rezoning from the existing zoning of 1-2 Park and allow remodeling of the existing station and construction of a future restaurant. Three:To approve the rezoning from 1-2 Park to Commercial Highway for remodeling of the existing Skelly Station and future . construction of a restaurent, the City varies the minimum zoning area requirement of Ordinance 135 , but requires upgrading of the site to meet other City Ordinances . STAFF RECO=NDATIONS. Because of the existing highway commercial land use, previous zoning prior to Ordinance 135, building condition and site design, location and access to major roads, and proposed site improvements positive affect upon safety and visual appearance; the staff recommends alternative " Three " subject to the following conditions: a. The rezoning is based upon the following skematic site plan Staff Report-Skelly Oil Rezoning -7- Jan. 6,1976 b. Thht the design of the in only access to T.H. 5 meet M.H.D. and City Engineering standards. c. That a phased landscaping plan be submitted with the service station remodeling plan. Basic screening and buffer construction should occur with the service station remodeling construction and added plantings , etc.; be added during restaurant construction. d. That site development standards for curb and gutter, parking and driveway design and construction meet the City Engineering Department Standards. e. That the service station and restaurant be connected to City utilities when the restaurant is constructed. DP :jj 741 pecenther 30, 1975 STATF: OF ri.4NESOTA DEPARTMENT OF HIGHWAYS ST. PAUL, MUNI. 55155 Hr. Carl Jullie City lawineer Citv of tden Prairie G950 7:den Pr.,:drio otl Fdan !linanore S3,3.13 In rtply raar tat 315 .7.S. 2731 T.n. 5 Plt RevieW of ntlly Oil Corl.eay lt LocateJ ih 5.. uadrent of T.N. 5 and Wiool road Eden Prairie, lertnc7in Couhty Haar Nr. .71;11i:A Wa havs rcachei th aoje ro!:erellce:1 plat for our review in accordarce with Annatots statutes 535.02 &1 .n..)2 Plata an Survoys. We offer the ftalloAng con;z4..nts for conid,:ration before the plat is a?proVed. Wa vit% t'02 City f,taff Schaol 11c;:l t?,auld laa closed anJ a con- r.,:cr.ion be ra:cll.00 ;;yallanc, laaal would t'..on provi::e acceas to T.H. 5 and La a P .2.jor inrctioafc f,Ithre - ye tl,at the (iir,ct ta T.h. 5 be ell -i.;:otvi for tas parcel aa iiLOt aces an:uld 1:alloce Road and tl,e School Adad Lo Walloco In tha 1,1.tr of alArdttal, the City plainer ar%e3 if wo could alloW an in only acc4.r.r. fma T.H. 5 at the masunt wectern drivay to ti parcel. It apr ,toare that this coal/ ba tolerated; Lawewr, if uon it ij hacacs.nry to sivaliza the Wallace toad intersection, this ontrAAca woale nal./ s&rve no a 14-T .-ass of the Wallhca Road oivnal for oast- 1:auad traffic e.isirimq to vse Villaca cr To traffic using this cntranca Wold ba a poitatial hazara to not only T.H. 5 but also to traffic vithin the Skelly site. It Iyoull be very difficult to control traf-fic, to keep thea fron using t7le eriv,:s4oy as an entrance to T.H. S. Iraiufficiant draihage data was sch:litte.2 with the plat and we ware unable at :review tat aapact of the plat. As you nay be aware, Lao •innasota Lnviron,antal Fancy Act revircs that the tnvironmontal Quality Boaret (14:11) raview any project has the potc.itial for significant environmental effect. We su4gast that you con.. tact the 172J, 100 Capitol Square /Wilding, St. Paul 55101, to determine if the project prt.posed in relation to this plat review cones under 13y3 juris- diction. ), • AN EQUAL OPPORTUNITY EMPLOYER V/iq Ix. Carl L.,cenCer Page 2 If you have any qa ,:otiona in regar1.3 to Vat, a:)ove cm-Pante, please contact Mr. Joel S. Rat!, Listrict Layoat, Reaaarc% aad Dovelopment Cngineer at 545-37f1 ext. O. Thank you for yux cooperation in tltis matter. .47 - • ' , C. i5 urrill /:nr•istant Com:Ansicac:x Pletiopolitan i n c7ion cco John Boland • Eotroi,olitan Couacil Gary Bec%er Bennopin County Furvcycr i s Office Dick Putnam • Plare:in4 :Arc.ctor City of faun Prairie 411, • Planninz -. Commicrlon Mintr L4- m1Proved Dec. S, 397E • Skelly Oil Rezoning, requzt from 1-2 Park to Ei3hway Commercial for auto service station remodeling and ftr:ure restaurant. The site is located between Wallace Road and School RcA,d, 15251 West 78th Street. Mr. Enger stated the site plan had been received only last Thursday so a staff report has not been prepared but it has been sent to the Highway Department. Mr. Deiniger , Skelly Oil . Co., explained the original building was built in 1965 prior to the Zoning Ordinal -16e and questioned Why they needed to go through such a lengthy rezoning process just to improve an existing use. Sorensen explained that presentlythe site is zoned 1-2 Industrial Park and the station is presently a noncomforming use, therefore it cannot be expanded unless it receives proper zoning. - Schee suggested the company's legal council may assist in explaining the process of rezoning and why it is necessary in this case. Sorensen directed the staff to place the item on the next agenda and to prepare a staff report. CITY OP EDEN PRAIRIE CHECK LIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS DATE : 1/27/76 DEVELOPMENT: Skelly Oil Company L.D. NO. 75-2-21 LOCATION: T.H. #5 - Between School Rd. & Wallace Rd. 0.0. c4 -4. REFERENCE P.U.D. OR PREVIOUS ZONING AGREEMENT: RES. #. DEVELOPER: Skelly Oil Company ENGINEER/PLANNER: Skelly Oil Company DOCUMENTS SUBMITTED FOR REVIEW: Ground Plan PROPOSAL: Skelly Oil Company is requesting rezoning from 1-2 Park to Commercial Highway 1. Land Development ,application filed and filing fee & deposit paid Yes Copy of application forwarded to Watershed District 11-24-75 2. Processing Schedule: a. Planning & Zoning Commission Preliminary b. Park & Recreation Commission c. Human Rights Commission 11/24/75 d. Planning Commission Public Hrg. 0. City Council consideration 2/3/76 f. Watershed District 3. Type of Devlilopment Developer is requesting approval to remodel and add a restaurant to the existing service station .4. Environmental assessment or impact statement required per Environmental • Impact Policy Act of 1973: 5. Preselt Zoning 1-2 Park 6. Proposed Zoning Commercial Highway R Consistent with approved P.U.D. or Comp Plan? Refer to Planner's eport (1/6/78) List variances required & setbacks that apply: Refer to Planner's Report 7. Project Rrea Approximately 1 ac. Density Allowed 12.000 to is,onn SF 8. Public. open space and/or cash dedication N.A. Private open space N .A. Trail systems 0 sidewalks N.A. ' Range of lot sizes N .A. 9. Preliminary Building Plans 10: Representative Soil Borings 11. Street System A. Access to adjoining properties Refer to Planner's Report B. Type AIN Roadway (Back to Back of Curb) Private driveways, no parking Leading to Cal de sacs 50 (not over 1000') s minor residential 24 Post no parking signs 28._ Cul de sacs 100 78 (no island) 120 98 (with island) Thru Residential (collectors) & Cul de sacs over 1000' 60 32 -2- Submitted Not submitted- may be required with building permit -3-. N*21 Parkway Fire Road Pathways 70 44 100 28 divided 12 12 6 Street grades-max. 7.5%, min. .5% Concrete curb & gutter required, Deep strength asphalt design Required C. Check City's comprehensive street system. Developer builds 1/2 of parkways at his cost, & R/W dedication N.A. D. Street Names - try to conform with existing in the area. Avoid additional names on cul de sacs having eight or less lots. • Check list of existing street names. N.A. E. Private parking lots—B6-12 cone C&G and .full depth asph. design Reqbired F. Street Signs-Developer or City installs N.A. 12. Parking: (See Ord. #141) 13. Utility Systems: A. Sanitary Sewer Refer to Planner's Report Existing building is connected to City sewer 1. Service Detail N.A. 2. Service to adjoining property N.A. • B. Watermain: Exisging building is connected to City Water 1. Check Service Design (20 psi at highest fixture) O.K. 2, Hydrant location-Fire Inspector N.A. 3. Valving N.A. 4. Compliance with fire code Fire Inspector to review upon receipt of bldg. plans 5. Service to adjacent property N.A. - 4 - C. Sperm Sewer & Grading Grading and drainage plan to be required prior . perlai 1. Sediment control plan Required 2. Skimming & grit control for commercial parking lots Amain& 3. Positive outlet for drainage ponds N.A. 4. Avoid excessive grading and tree removal O.K. 5. Arrows showing drainage Not submitted Accomodate drainage from adjacent properties Ponape sub m i t t a l o f g r a d i n g p l a n 6. Denote drainage area for individual inlets and projected h i g h w a t e r for ponds N .A. 7. Keep .drainage in gutters, not in center of street Requirad 8: .Sod drainage swales and steep slopes . Required 9. Flood plain encroachment None 10. Watershed District approval Required 11. DNR approval Not required D. Natural Gas & Telephone Underground required E. Electric (underground) required 14. Street Lights & On-Site Lighting N.A. 15. Preliminary plat to be submitted to MHD or Henn. Co. if a b u t t i n g a State or County Hwy. Minnesota Highway Dept. (r.H. 5) 16. List special assessments lovied and pending 1969 Street Improvements #4595 (Lateral S & W, Storm Sewer & streets) $852.65 1973 Trunk Sewer & Water #5627 - $1300.00 17. Re -zoning agreement required Yes Developer'f4 Agrement required No Title Abstract for Attorney's review No le* Planning Commission Minutes Unapproved. -4- Jan. 26, 1976 B. Purgatory Creek Study. Lynch inquired why more landowner reaction has not been recieved. The Planner replied that a large number attended the first meeting. The Planner believed more input would be received at the Council public hearing after notices are again published. Sorensen felt the Creek Study was a very complex document to adopt and suggested It be used as a guideline during a trial basis. Motion: Lynch moved, Fosnocht seconded, to recommend that the Purgatory Creek Study be adopted in concept as a policy guide. The motion carried 4:0:2 with Bearman and Sundstrom abstaining. The Commission then suggested the Council. develop explanations and investigate avenues of implementing the creek study. 69-7 PlanLing COI=1:3SiOD Minutes -2- approved Jan..12, 1976 V. REPORTS AND RECOMMENDATIONS. A. Purgatory Creek Study. The planner reported the Parks, Recreation and Natural Resources Commission took action at their last meeting and the Council public hearing is expected in February or March. Don Hess, The Preserve, had the following comments on the Creek Study; -the study is not clear on the floodplain delineation. -the report defines private development restrictions but not the public's. -the amount of encroachment is recommended as 0% , the Nine Mile Watershed District will allow up to 20%. -guaaelanes should be outlined so developers have a handle on how they can develop their land. -acreage/running mile to be dedicated is not equitable due to topography. Don Brauer responded as follows to some of Mr. Hess's concerns. -the acreage dedication per running mile is a recommendation and will require balancing as more land .is needed in some areas. -it is believed that the public will be as concerned as the private developers. Public restrictions and guidelines could be in the form of an amendment to the study. -encroachment will be judged on the area needed. Mr. Hess stated The Preserve is sympathetic with the objectives of the study but desire clarification of the guidelines. Mr. Mike Pohlen did not believe the green areas on the Study maps match from page to page, i.e., pages 29-35. Brauer agreed some oversights occur in the maps but a full scale map is also available. Mr. Hess believed an error also occurred on page 41. Mr. Irvine read from page 20 of the Study; • "Management. The marsh possesses the elements necessary for creating _ - a wildlife flowage by increasing water levels. By establishing a program of water level stabilization and storage, flows downstream can be maintained throughout the season. The structures installed for regulation can also serve to control the movement of rough fish." He then qt.estioned how the study proposes to keep the water flowing? Brauer felt if the idea ..)f wildife management is followed than more water could . be stored in reserves. Being no further input or questions, Sorensen directed the staff to place the item on the Commission's January 26th agendh. Sorensen referred the study to the staff and requested it be placed on the next agenda. '9 APproved Planning Commission Minutes -3- Nov. 24, 1975 C. Purgatory Creek Stud_y . Mike Fohlen referred to a piece of property on page 35 of the Study that is recommended for dedication. He opposed the dedication and felt the property is very buildable. He asked that the commission notice the property next time they drive by the area. Sorensen thanked Mr. Pohlen for expressing his concern and stated when the . City is reviewing a lengthy report it is difficult to be aware of every parcel's situation so ..comments and suggestions are appreciated. Meyers questioned if the floodplain in the Study or as depicted in the Flood- plain Ordinance would be followed. The planner did not feel too Many discrepancies would arise, but one document's floodplain should be followed. ri7 MINUTES EDEN PRAIRIE PLANNING COMMISSION approved Monday, November 10, 1975 7:30 PM City Hall III. prrorffs t,N1) FECOR5MENDXFIONS. presentation by Marty lessen and Don Brauer. Marty jessr.,n, Community Service Director, :stated the creek study.began in 1972 with discussion with the watershed district in an attempt to define the creek corridor and determine proper uses along the creek. Presently the study is being reviewed by the Planning Commission end the Parks, Recreation, and Natural Resources Commission with a public hearing before the Council expected sometime early in 1976. Ile stated 1 meeting has ban held with local residents and 55 out of approximately 90 parsons attended the meeting. Don Brauer of Breuer & Associates, consultant for the City end watershed district, outlined the study and its purpose. lie discussed the creek's nature and potential uses . For .cressings he sugjested bridges if motorized vehicles are allowed , otherwise he believed rocks would be sufficient for pedestrian crossings. Sorensen asked if .a financial feaLibility had been developed. Brauer responded negative and stated the cost will be dependent upon the type of title obtained. Posnaeht asked how trails would be placed along backyards that abut the creek, i.e. Paradise Valley . Brauer said they are investigating ways of bypassing existing backyards that abut the creek. The planner asked if standards adonted for Purgatory Creek could be used for other creeks in the City. Brauer believed each creek may make use of the same principles, hut each creek vailes in its nature and value. The planner then asked if Mr. Brauer felt the creek study would require an E.Q.C. review, Metro Council review, etc. Brauer stated it is mandatory to submit the study as it involves wetlands , but he believes the study itself could be submitted as an ewironmental impact stateraent. Bill Bonner, Hustads, 'inquired when developers could submit thetr•input. Sorensen stated the commission will again consider the item at their November 241.11 meeting and suggested comments and concerns could be submitted at that meeting or following meetings. Sorensen asked Mr. Bonner . if he wanted to make a presentation at this time. Bonner replied he would present something at time next meeting. Sorensen stated the crock study has been publicized through . the newsletter& radio. He ' then asked the paper reporters present that evening to extend an invitation to all interested residents and inform them a copy of the study could be viewed at the library or City Hall. CLERK'S LICENSE APPLICATION LIST February 3, 1976 CONTRACTOR (Multi-family & Comm.) Crawford - Merz Co. L. L. Dysart Construction Elview Construction, Inc. Essex Construction Corp. Hirsch Bros., Inc. Waldon Book Co Inc. PLUMBING Buchman Plumbing & Heating Co., Inc. Metro Area Plumbing & Sales Co. Rivard Plumbing & Heating Co., Inc. Consolidated Plumbing & Heating Co. GAS FITTER Home Air Trane, Inc. HEATING & VENTILATING Home Air Trane, Inc. Consolidated Plumbing & Heating Co. H. Conrad Manufacturing, Co. Modern Heating & Air Conditioning, Inc. *3.2 BEER ON SALE Cedar Hills Olympic Hills Golf Club Lyons Tap Donn & Margies Dutch's Resort Edenvale Golf Club Wye Cafe *3.2 BEER OFF SALE Lyons Tap Donn & Margies Dutch's Resort Edenvale Golf Club Wye Cafe Eden Prairie Legion Assn. Garden King Market *All of the applications for 3.2 Beer On & Off Sale were licensedk last year for the same. These licenses have been approved by the program head responsible for the licensed activity. Rebecca Quernemoen, Deputy Clerk GEORGE M. HANSEN COMPANY Certified Pablie Arromettants 178 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY $00 MINNEAPOLIS, MINNESOTA 55416 846.2508 January 20, 1976 Mr. Roger K. Ulstad City Manager 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Sir: Under the terms of our professional liability insurance coverage, CPA's are now required to indicate the scope of their engagement in a letter to their client. CPA's are also required to indicate that the CPA's examination of financial statements, ordinarily for the purpose of indicating that the statements are fairly presented, will not necessarily discover fraud or defalcation, although the application of generally accepted auditing procedures may uncover such situations. Accordingly, we are now required to send you the enclosed letter and ask that one copy be signed and returned to us. We believe it serves a good purpose in better acquainting you with the scope of the work performed by us. Very truly yours, fier GEORGE M. HANSEN COMPANY Certified Mile Aecoentantt 175 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY 100 MINNEAPOLIS. MINNESOTA 55416 546-2566 January 20, 1976 The City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Gentlemen: We propose to conduct a limited general audit and issue our opinion on the basis of such an audit. A limited general audit is an examination which consists of a review of internal control, accounting procedures and of the details of all records, including subsidiary records and supporting data as to mathematical ac- curacy, propriety and completeness of all transactions on a test basis. The test examination presumes that the items selected are representative of all the transactions. Although a limited general audit is the one most frequently used today, it will not necessarily discover fraud or defalcation. However, should fraud or defal- cation exist, it may be uncovered as the result of one or more of the procedures applied on a test basis. Very truly yours, 3 .51)7? 2'7411 JGH:ljg J. Gregory Murphy, Partner Accepted by Title Date ,