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HomeMy WebLinkAboutPlanning Commission - 09/12/1994 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION September 12, 1994 COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Randy Foote, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STAFF MEMBERS: Michael D. Franzen, Senior Planner Donald R. Uram, Planner Lee Bell, Recording Secretary I. PLEDGE OF ALLEGIANCE — ROLL CALL 0 The meeting was called to order at 7:00 p.m. by Chair Katherine Kardell. All members were present. H. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Schlampp, to approve the Agenda as published. Motion carried 7-0-0. III. MINUTES MOTION: Clinton moved, seconded by Schlampp, to approve the Minutes of August 22, 1994. Motion carried 5-0 2. IV. PUBLIC HEARINGS A. OUTDOOR SALES AND DISPLAY ORDINANCE Staff suggested that this item be continued to the September 26, 1994 meeting due to the length of tonight's Agenda. 1 • Minutes Planning Commission September 12, 1994 MOTION: Clinton moved, seconded by Schlampp, to continue discussion of the Outdoor Sales and Displays Amendment to the September 26, 1994 meeting. Motion carried 7-0-0. B. HARTFORD PLACE by Ryan Companies. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 43.20 acres and from Office to Low Density Residential on 13.69 acres, PUD Concept Review on 110 acres, PUD District Review on 88 acres, Preliminary Plat of 88 acres into 7 commercial lots, 250 townhouse lots, 24 single family lots and 3 outlots, Rezoning from Office to R1-13.5 on 13.69 acres, Rezoning from Office to RM-6.5 on 35.20 acres, and Site Plan Review on 88 acres. Location: Rolling Hills Road and Prairie Center Drive. Franzen stated that at the last meeting a plan was reviewed with land use changes in Area 4 for a wider buffer zone and a 100 foot setback. We also looked at a different site plan for Area 5 & 6 which went to the one story clubhomes along the south property line. These were the primary changes in concept. Tonight a 20 page Staff Report is provided which covers all of the detailed requirements and recommendations of the Planning Commission. Two attachment "A's" show what the property would be rezoned to with densities and zoning districts along the south property line. Bill McHale, representing Ryan Companies, highlighted the major changes made: Sites 1 & 2 are zoned Commercial-Regional-Service. Elevations have been prepared. In summary the development proposal includes two 5,800 square foot restaurants and one 10,000 square foot office building on 4.43 acres. Staff has been working on landscape plans and all the details of architecture. McHale commented that he believed they had an exciting plan and superior product. Sites 5 & 6 consist of 160 townhomes on 36 acres. 48 units will be one story clubhomes and 112 units will be two story townhomes. As requested by the neighborhood, the twinhomes will now be single story. There is a 12-16 foot landscaped berm maintained between the townhomes and the residential homes to the south. A significant number of lindens and oaks will be preserved, and the one story units have been placed along the south per request. 2 Minutes Planning Commission September 12, 1994 Site 4 consisting of 25 single family lots located on 11.3 acres has been downsized 1000 feet. A 100 foot building setback has been obtained from the adjacent residential property line and there is a 60 foot conservancy easement with a 1200 foot long 8 foot high berm between the development and existing properties. Site 3 consists of 58 twwnhomes on 14.5 acres. 4-6 foot berms along Prairie Lakes Drive and adjacent to the office sites on both sides. Per request this site will include a chainlink fence. Regarding staff recommendations, McHale made 4 comments/clarifications: 1) Request of medium density residential on Site 3. 2) Item 11 of the Staff Recommendations should be deleted. 3) Would like Commission to reconsider approving the island on Site 4. 4) All existing road damage must be repaired by the developers concurrent with site development. Ryan Companies would repair any damages they make and do not feel they should be responsible for making other • repairs. Clinton requested clarification of the island on Site 4. He objected to this plan because of risk of safety for children. Schlampp questioned what the price and size of the single story townhomes would be. $120,000 — 1200-1450 square feet. Kardell asked if the planting and berming would be completed with the development of Area 7. McHale acknowledged that it would. Franzen highlighted some of the Staff Recommendations because of concerns expressed by residents: 1) Irrigations systems are necessary to maintain the landscaping required for screening purposed in Areas 1 through 6. 2) Prior to any grading on the property, snow fencing must be placed at the construction limits and verified by City staff. Protection is necessary to preserve the existing trees proposed to remain as part of the development proposal. Grading limits must also be established along portions of the existing berm which is not proposed to be graded. Areas 1,2,3 and 4 will be graded this fall. Areas 5,6 and 7 will be graded next spring. 3 • Minutes Planning Commission September 12, 1994 3) Any of the existing trees which are proposed to be removed from the existing berm, must be replaced on a caliper inch per caliper inch basis. 7) All sidewalks and trails must be constructed concurrent with the development of each individual site. 9) To guaranty to construction of all berming and plantings on all sites, the City will require a 150% security to cover these costs as required by City Code. 14) To preserve existing significant trees to be retained on the project, a conservation easement will be required in Area 5 and 6 to protect the oak and linden trees and in Area 4 to protect new plantings. 16) Center Way should be vacated and sodded but an easement retained for sidewalk and watermain. Sandstad pointed out that in item 2, Area 3 should be deleted from the last line of the paragraph. Bob Shawns, 10630 North Mark Drive, expressed continued concern • regarding sight lines, privacy, and loss of wildlife from the area. Charlie Gravel, Black Maple Circle, stated that it was disheartening to see the potential of this land be developed as office buildings originally. The change to residential is a compromise of no value to residents. Bauer stated that he was ready to support the project with the exception of item 13. Safety should not be sacrificed for the purpose of aesthetics. He also asked Franzen to comment on item 20. Franzen commented that item 13 is a standard requirement from the engineering department to enable proper snow removal and access by emergency vehicles. Item 20 is a standard recommendation from the engineering department also. It is a question of what costs should be by the developer and what costs should be by the city. Foote agreed that he would support the project with the removal of the islands. Wissner stated that she supported the project and felt strongly that Area 3 should not be developed with the townhomes. 4 • Minutes Planning Commission September 12, 1994 Schlampp supports the project and likes the townhome concept. Sandstad thought the project looked good with the exclusion of Area 3. Feels strongly that this needs to be retained for office land use. Also commented that there is a great need for a variety of housing and this fits the bill. Kardell commented on the concerns of the neighbors regarding the office and that it is not unusual to make changes like this. The plan will result in more favorable traffic generation and transition to existing residential areas. The staff report was well done. Bauer said that we have to do what is best for the city and supported the project. MOTION 1: Foote moved, seconded by Wissner, to close the public hearing. Motion carried 7-0-0. MOTION 2: Foote moved, seconded by Wissner, to recommend to the City Council approval of the request of Ryan Companies for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 35.20 acres and from Office to Low Density Residential on 13.69 acres, PUD Concept Review on 110 acres, PUD District Review on 88 acres, Preliminary Plat of 88 acres into 7 commercial lots, 218 townhome lots, 25 single family lots and 3 outlots, Rezoning from Office to Rl- 13.5 on 13.69 acres, Rezoning from Office to RM-6.5 on 35.20 acres, and Site Plan Review on 88 acres, based on plans dated September 9, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994, with the condition that Area 3 remain guided and zoned Office. Motion carried 7-0-0. C. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 2.28 acres, Preliminary Plat of 2.28 acres into 2 lots and 1 outlot. Location: Rowland Road and Old Shady Oak Road. Uram introduced Mr. Don Sorensen, Attorney, representing Mr. Joe Ruzic. Sorensen pointed out that criteria were set, and due to the improvements of . Shady Oak Road, there are now site problems with the two lower lots. The approved plan provided for a garage to be built on the existing home site. The 5 • Minutes Planning Commission September 12, 1994 home had a 60 foot setback and now has a 13 foot setback after completion of the road. As a result, there is a significant nuisance of noise and lights from traffic. The solution is not to leave the existing home as is, but rather to demolish or move the building back. Mr. Ruzic originally agreed to remove the wooden structure and metal structure from the property. Under the current circumstances, there is no reason to improve the existing home. Mr. Ruzic would remove the wooden structure but would request that the metal structure, which is painted brown and behind the trees, be permitted to remain until future subdivision, development, or sale of the property occurs. This would enable the metal structure to be used as a temporary garage. Points requiring attention include: 1) Revise the preliminary plat to reflect the future extension of the 6" watermain and fire hydrant out to Rowland Road. There is a question of where it should be located. There are a number of trees where the proposed easement is going through. When other problems are resolved there may be a change in where the line should go. Mr. Ruzic will sign a written agreement indicating that the metal structure will be removed and he will be responsible for the watermain and fire hydrant at time of subdivision and development, or sale of the property. Item 5 should be revised to read as follows: 5) Proponent shall agree to remove the existing metal building on Outlot A at time of future subdivision and development of Outlot A or when said property is sold. Sandstad commented that normally Outlots are parcels that are undefined for future development. This lot is already planned. How will we follow through on the transition of property requirement that is being requested? Uram responded that Mr. Ruzic would need to sign a Developers Agreement and at some point in time it would need to be confronted. It would be difficult to enforce. Sandstad stated that it's an older building and the property is difficult. If it is put in the contract, the obligation is then on the City to follow through. 6 • Minutes Planning Commission September 12, 1994 Sorensen said that anyone that would buy the property would discover condition at time of sale. It would then become a negotiation between buyer and seller. Clinton commented that the last time the project was approved, it was with the contingency that the building would be removed and that was about one year ago. Now we're talking up to 20 years in the future. Clinton asked if Sorensen agreed with item 1. Sorensen replied that he nor Mr. Ruzic had a problem with the requirement. It was a question of the mechanics to get it done. Uram addressed item 1 by saying that the watermain and fire hydrant be indicated on the plan now so that there is no question. If the easement changes it can be revised in the future. Item 2 Outlot A is required to be relabeled Lot 3 because it will be developed. Item 5 needs to be ironed down. We do not record Developers Agreements. The only way to enforce removal of the building would be with a Deed Restriction. Uram did not feel removal of the building • should be Deed Restricted. Bob , 6629 Cherokee Trail West, speaking on behalf of Cherokee Trail, requested Commission to consider what they heard and agreed to one year ago. The neighborhood can see this building which is an eye sore, a hazard, attracts rodents, and is a danger to the neighborhood. With rezoning, nothing is going to happen and the building is always going to be there. It is requested that both buildings be removed. Machinery, old cars and junk is being stored in and around the building. Homes overlooking this are $325,000+. This is not the view they were expecting when they purchased their homes. Foote asked why Lots 3 and 4 are not being developed now. Sorensen replied that because of the change in and location of road and retaining wall, the property lacks a safe site distance. Kardell requested a clarification on what the original Staff Report stated. Uram said that a compromise solution was made that buildings would be removed within a year or at time of development. Joe Ruzic, 6825 Rowland Road, said that he was forced to allow the Rowland Road project and was assessed $112,000. His home is valued at $109,000. He 7 Minutes Planning Commission September 12, 1994 was not serviced with a watermain when the road was constructed. There is an 8 foot drop from his property because of the lowering of the road and he is 13 feet from right of way which is illegal. The road is heavily used and traveled fast. The situation is bad. Wissner asked why the property was not condemned if there is only a 13 foot right-of-way? Sorensen said the house was built in 1929 and at that time there were no setback requirements in Eden Prairie. If a child struck his head by falling off the 8 foot drop, the city would be liable. Therefore the fence was required. Uram recommended that comments be kept to the subject of subdivision of 3 lots. Bauer suggested that we proceed to modify the staff recommendation that there be a sufficient cloud on the title for removal of building within 20 years or . when property is sold. If property does not sell within 20 year, a timeframe should be put on. MOTION 1: Foote moved, seconded by Sandstad, to close the public hearing. Motion carried 7-0-0. MOTION 2: Foote moved, seconded by Sandstad, to recommend to the City Council approval of the request of Joe Ruzic for Zoning District Change from Rural to R1-13.5 on 2.28 acres based on plans dated September 9, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994. Amend that city staff reach an agreement with developer to cloud the title for action to occur at time of sale. Motion carried 7-0-0. MOTION 3: Foote moved, seconded by Sandstad, to recommend to the City Council approval of the request of Joe Ruzic for Preliminary Plat of 2.28 acres based on plans dated September 9, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994 as modified. Motion carried 7-0-0. D. WESTGATE SUBSTATION by Northern States Power. Request for Zoning District Amendment within the I-General Zoning District on 7.10 acres, and Site Plan Review on 7.10 acres. Location: Venture Lane and Martin Drive. 8 • Minutes Planning Commission September 12, 1994 From a construction standpoint, this is a relatively simple project that includes some minor grading and the addition of a single, 80 steel pole. From an emotional standpoint, this is a complex project due to concerns about EMF. Residents from the surrounding area have called and voiced opposition to the project. NSP has representatives at the meeting to address any Commission or neighborhood concerns. Uram introduced Mr. Stu Frazer and technical support people from NSP who will explain the expansion of the Westgate Substation. Frazer said this project was in response to the increasing demands for electricity in the area. The expansion would include switch gear, installation of two new 115/34.5 KV transformers, and two 13.8 KV distribution circuits and other necessary supporting equipment. The substation expansion will be approximately 90 feet to the north and 20 feet to the east of the existing area. An existing 90 foot lattice tower will be replaced with an 80 foot single pole on • the north side of the site, an existing 80 foot single pole will be relocated, and a new 80 foot single steel pole will be added on the east side of the site. Wissner asked if this substation would serve all of Eden Prairie. Frazer said it would serve a good portion of Eden Prairie and some other communities as well. Clinton asked if this project is based on existing demand or if it projects into the future. Frazer said that project is planned based on current and future load growth. Uram commented that calls have been received from surrounding neighbors that are dead set against project. It is thought that there is a lack of information on the project that is causing concern. MOTION 1: Foote moved, seconded by Clinton to close the public hearing. Motion carried 7-0-0. MOTION 2: Foote moved, seconded by Clinton, to recommend to the City Council approval of the request of Northern States Power for Zoning District Amendment within the I-General Zoning District on 7.10 acres based on plans 9 • Minutes Planning Commission September 12, 1994 dated September 6, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994. Motion carried 6-0-1. MOTION 3: Foote moved, seconded by Clinton, to recommend to the City Council approval of the request of Northern States Power for Site Plan Review on 7.10 acres based on plans dated September 6, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994. Motion carried 6-0-1. E. BEARPATH 4TH ADDITION by Bill Gilk and Sienna Corporation. Request for PUD District Amendment to the Bearpath PUD on 5.02 acres, Preliminary Plat of 51 acres into 9 single family lots and 4 outlots, Zoning District Change from Rural to R1-13.5 on 5.02 acres. Location: Dell Road and Highway 212. Uram introduced Mr. John Vogelbocher representing Sienna Corporation. Vogelbocher stated that preliminary plat depicts the subdivision of the 51 acre • parcel into 9 single-family lots and 4 outlots. Outlot B does not meet the 10 acre minimum lot size in the Rural zoning district. Staff recommends that Outlots B and C be combined. Uram requested that staff recommendations be addressed. Voglebock said that plan modifications are necessary and requested addressing these issues in two weeks. Uram indicated that the staff recommendations addressed technical issues that staff felt they needed for reviewing the project. Mr. Vogelbocher has requested that the project be continued for two weeks and be published with City Council so it can remain on track. Our recommendations state to evaluate the feasibility of the culdesac. One issue raised was that of assessment which did not get carried over to the staff recommendations. Sandstad commented that the remaining issues seem minor. Do we need to see this again? Bauer said he would like to review the project again. The development is unique and he personally does not like cul-de-sacs. • Clinton was in agreement with Bauer. 10 • Minutes Planning Commission September 12, 1994 Foote also was in agreement with Bauer. Schlampp questioned that actual square footage the customer would be buying with the Nurp pond on lot 8 and who would maintain. MOTION 1: Clinton moved, seconded by Foote, to continue the public hearing for two weeks allowing staff and developer to work on the issues including the cul-de-sac, grading, and nurp pond. Motion carried 7-0-0. F. DOOLITTLES AIR CAFE by Doolittles Air Cafe. Request for Zoning District Amendment, Site Plan Review on 21.41 acres into 2 lots, and Preliminary Plat of 21.41 acres into 2 lots and road right-of-way. Location: Singletree Lane and Prairie Center Drive. Franzen introduced Jeff Rapp with Michael Wilkes Architects. They are the architects that worked on the design for the Rainbow Food shopping center on Highway 5 and Prairie Center Drive. • Rapp summarized the project as a proposed building on an Outlot of Wal-Mart consisting of approximately 6,400 square feet. Doolittles has an aviation theme and the building is designed as an 1940's hanger. The brick materials will be similar to that of Wal-Mart. Clinton confirmed that the proposed restaurant was a sitdown style and not a takeout. Wissner asked where the patio area would be. Rapp replied that it would be a terraced area with retaining walls in front of the restaurant. The elevation of the area was pointed out. Schlampp asked if there would be lights on in the tower and/or if this would be a violation of the sign ordinance Clinton inquired about signage away from the building. Rapp said there would be a pylon sign on the corner. Franzen stated that the staff finds the symbolic character and communicative intent of the aviation tower places it within the definition of the sign. The sign 11 • Minutes Planning Commission September 12, 1994 is located on the roof and roof signs are not allowed by City Code. Suburban Chevrolet represented the biggest argument of what constituted a sign. Their tower is constructed out of face brick with a pyramidal glass top that functions as a skylight. The skylight is defined as the roof, therefore the sign is below the roof line and it not considered a roof sign. The size of the sign is proportionate to the size of the wall as allowed by City Code. Rapp indicated that downlighting on the side of the building would represent more of the era that is being created with this building and proposed an alternative light fixture. Bauer felt that Doolittles tower fell within the definition of a sign and felt that the alternative light fixture should not be permitted. Sandstad disagreed with the staff and argued that the tower did not represent a sign but rather was linked to the 1940 style hanger and that the alternative lights should be permitted in keeping with the theme. • Foote agreed with Sandstad and liked the aviation theme. He felt it may open up problems down the road. Schlampp felt the tower was a sign. Wissner thought the idea was sophisticated and clever. She did not see the tower as a sign. She also expressed the need for some individuality for the downtown area. The proposed light fixtures for downlighting were attractive in her opinion. Kardell firmly stated that she would not support the lighting situation. People cannot be treated differently. She also felt that the intent of the tower was to identify the restaurant. Though the architecture was sharp, it needs to be reworked. Barb Olson (partner in ownership) commented that the lights are an important issue and have impact on the theme of the restaurant. They compliment the lights that are required, but are less expensive. The building will have an industrial style lighting throughout. • Franzen pointed out the LeeAnn Chin, Uno's and Jiffy Lube want their own type of lighting but the City approved downtown lights only. There needs to be 12 Minutes Planning Commission September 12, 1994 consistent treatment. Schlampp proposed by making the tower into a skylight. Bauer stated that this could be debated forever. MOTION 1: Bauer moved, seconded by Sandstad, to close the public hearing. Motion carried 7-0-0. MOTION 2: Bauer moved, seconded by Sandstad, to move to recommend to the City Council approval of the request of Doolittles Air Cafe for Zoning District Amendment on 21.41 acres, based on plans dated September 9, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994, with the addition of the proposed tower be a skylight with functionality in building and modify the proposed lighting. Motion carried 5-2-0. MOTION 3: Bauer moved, seconded by Sandstad, to move to recommend to • the City Council approval of the request of Doolittles Air Cafe for Site Plan Review on 21.41 acres based on plans dated September 9, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994, as modified. Motion carried 5-2-0. MOTION 4: Bauer moved, seconded by Sandstad, to move to recommend to the City Council approval of the request of Doolittles Air Cafe for Preliminary Plat of 21.41 acres into 2 lots and road right-of-way based on plans dated September 9, 1994, and subject to the recommendations of the Staff Report dated September 9, 1994. Motion carried 5-2-0. V. MEMBERS' REPORTS None. VI. CONTINUING BUSINESS None. 13 Minutes Planning Commission September 12, 1994 VII. NEW BUSINESS None. VHL PLANNERS' REPORTS The September 26th meeting should be mild in comparison to the last four Planning Commission meetings. A town home project in Commission Bauer's neighborhood and an industrial building in City West are the only two public hearings scheduled. Super Valu was continued to the September 26th meeting, however, the neighborhood meetings on this project are not scheduled until September 14th and the 19th. This would not allow the Developer enough time to submit a revised plan to the City Staff to draft a Staff Report for the September 26th meeting. We have indicated to the proponent that they should request a continuance until the October loth meeting. The Staff may add either the Outdoor Sales and Display Ordinance or the Shoreland Ordinance to this agenda. • IX. ADJOURNMENT MOTION: Clinton moved, seconded by Schlampp, to adjourn the meeting. Motion carried 7-0-0. The meeting was adjourned at 10:15 p.m. • 14 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, September 12, 1994 7:00 p.m. COMMSSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Randy Foote, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STAFF MEMBERS: Michael D. Franzen, Senior Planner Don Uram, Planner I. PLEDGE OF ALLEGIANCE -- ROLL CALL H. APPROVAL OF AGENDA III. MINUTES IV. PUBLIC HEARINGS A. OUTDOOR SALES AND DISPLAY ORDINANCE (a continued hearing) B. HARTFORD PLACE by Ryan Companies. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 43.20 acres and from Office to Low Density Residential on 13.69 acres, PUD Concept Review on 110 acres, PUD District . Review on 88 acres, Preliminary Plat of 88 acres into 7 commercial lots, 250 townhouse lots, 24 single family lots and 3 outlots, Rezoning from Office to R1-13.5 on 13.69 acres, Rezoning from Office to RM- 6.5 on 35.20 acres, Rezoning from Office to C-Regional Service on 5 acres, and Site Plan Review on 88 acres. Location: Rolling Hills Road and Prairie Center Drive. C. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 2 lots and 1 outlot. Location: Rowland Road and Old Shady Oak Road. D. WESTGATE SUBSTATION by Northern States Power. Request for Zoning District Amendment for the I-General Zoning District on 7.10 acres and Site Plan Review on 7.10 acres. Location: Venture Lane and Martin Drive. E. BEARPATH 4TH ADDITION by Bill Gilk and Sienna Corporation. Request for PUD District Amendment to the Bearpath PUD on 5.02 acres,Preliminary Plat of 51 acres into 9 single family lots and 4 outlots, and Rezoning from Rural to R1-13.5 on 5.02 acres. Location: Dell Road and Highway 212. F. DOOLITTLES AIR CAFE by Doolittles Air Cafe. Request for Zoning District Amendment and Site Plan Review on 21.41, Preliminary Plat of 21.41 acres into 2 lots and road right-of-way. Location: Singletree Lane and Prairie Center Drive. V. MEMBERS' REPORTS VI. CONTINUING BUSINESS VH. NEW BUSINESS VH1. PLANNERS' REPORTS IX. ADJOURNMENT