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HomeMy WebLinkAboutPlanning Commission - 11/13/2006 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, NOVEMBER 13, 2006 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig, Pitzrick and Rocheford. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Powell, to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON OCTOBER 23, 2006 Powell had a revision to the minutes on page 5,paragraph 2. The first sentence should read, "Powell stated all the sites should be changed to neighborhood commercial because this should be done to supply versatility to the residents." MOTION by Stoltz, seconded by Seymour, to approve the minutes. Motion carried 5-0. Kirk abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETINGS Planning Commission Minutes November 13, 2006 Page 2 VI. PUBLIC HEARINGS A. AMEND CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS A LAND USE & AMEND CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES Franzen presented the amendment. He stated back in March of this year the City Council addressed the City requesting they look at amending the City Code. On page 11 of the staff report are the Staff recommendations. They are as followed: 1. An amendment to Chapter 3, adding the following text: Golf course: The terms "golf course"includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. 2. Amendments Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect the golf courses are within the Golf Course land use category and redefining quasi-public as "privately-owned uses resemble public uses such as land held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills gold courses. 3. An ordinance of the City of Eden Prairie, Minnesota, amending City Code, Chapter 11, Sections 11.03, Subd. LA, Subd. 2.B., tables 4 and 5, Subd., 3.3.H4., adding section 11.36 and amending Section 11.70, Subd. 4, relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. Franzen stated the change would be for all of the golf courses in Eden Prairie. Powell asked Franzen why we would limit this to golf courses. He said instead of calling it"golf course" call it, "outdoor recreation". Outdoor recreation would include such things as lawn bowling and horseback riding. Franzen stated "golf course" was just addressed because that was what was asked to be addressed by the City Council. He also pointed out in the future the guide plan could be changed to address outdoor recreation issues. Ric Rosow, Eden Prairie City Attorney, agreed with Franzen and stated at this time we should address golf courses as "golf courses" and in the future the guide plan could be changed to include outdoor recreation with these areas. Planning Commission Minutes November 13, 2006 Page 3 Stoelting asked Franzen if proper notification went out to all of the residents. Franzen stated proper notification did go out. He pointed out the minimum requirement is 500 feet from the area and the City went 1,000 feet from the area, and also posted it in the newspaper and on the City's website. Stoelting opened the meeting up for public input. Howard Roston, attorney representing Sam Hertogs, owner of the Bent Creek Golf Course, stated they are in opposition of this amendment. He presented Chair Stoelting with official documents. They include: 1. Letter from Mr. Hertogs. 2. Letter from some of the other owners. 3. Affidavit from his law partner. 4. Letter from the law firm presenting their issues. 5. Information from DSU. 6. Information from appraisal company Mr. Roston stated on behalf of Mr. Hertogs, they are requesting the Planning Commission delay action on this matter. Mr. Roston stated the first issued he would like to address this evening is the timing of this matter. He pointed out there are 530 acres are subject to this amendment and they have not had adequate time to get the appraiser out and address this issue. They are requesting a 30 day delay so they can analyze how this amendment change will affect Mr. Hertogs. Mr. Roston said they would also like to see action on this amendment delayed until they can see the decision made by the Supreme Court on the case of Weinsman vs. City of Eagan. He stated in this particular case, the landowners are arguing action by the City was inappropriate. Mr. Roston also talked about the status to title of the Bent Creek Property. He stated the majority of property is Torrens and when looking at the title to Bent Creek there is a lack of recorded restrictions to this property. Secondly, he addressed the City's historical zoning and comprehensive plan. Mr. Roston added had the owner looked at the zoning ordinance there would have been a designation of one unit per ten acres had he wanted to develop the property assuming the golf course is no longer commercially viable which it is not. He pointed out there is no limitation for something labeled "quasi-public". Mr. Roston stated limiting the use of this land to just"golf course" would not be very conducive to Mr. Hertogs. Mr. Hertogs is contemplating selling his property and feels by labeling this piece of land as "golf course" would limit his selling potential. Planning Commission Minutes November 13, 2006 Page 4 Mr. Roston said Shennah Appraising did some quick appraising of this land and the figures are devastating. He added in Mr. letter it states the golf course is no longer economically viable use as a golf course, but would be would keep it open for a year but it is not economically viable and is not going to continued to lose money on the golf course forever. Mr. Roston feels is should not be a function of the government to label land, such as "golf courses". He stated he feels it is unconstitutional for several different reasons. He stated the Minnesota Supreme Court ruled on the Mendota Heights decision stating there was an inconsistency with the comprehensive plan and because of this the Mendota Heights Planning Commission and City Council are negotiating a change with the developers. Mr. Roston would like to ask the Planning Commission to deny the recommendations by City Staff. Marilyn Michales, attorney working with Sam Hertogs, gave some history about Mr. Hertogs. She stated Mr. Hertogs is 81 years old. His partner to the golf course passed away and currently the Bent Creek Golf Course is losing money. She pointed out in March of 2005, she started working with the City and Mr. Franzen and Mr. Rosow because she stated the golf course cannot continue operating and they would like to come to a resolution to this problem. She stated coming to a resolution now would eliminate three to five years of litigation. Ms. Michales stated if the ordinance is passed in its present form, there will be legal action by Mr. Hertogs. She also said she was surprised the first notice was given on October 31st to Mr. Hertogs. Ms. Michales stated she realizes the residents in this area want open space,but they need time to work on a resolution. She understands the comprehensive plan and zoning need to be realigned, but feels is does not have to be done tonight or in the near future. John Shardlow,planning consultant, stated he has written zoning plans in the past and also teaches zoning classes. He believes by limiting this piece of land to a single use is unprecedented. He pointed out in this area, there is an average of one golf course is closing every month. He concluded by saying he feels the City and Bent Creek Golf Course should come up with a resolution to this issue. Steve Chelesnik, of 7269 Howard Lane, stated he volunteered as a spokesperson tonight to express the opinion of the residents. He stated in looking at this issue from the point of view of the adjacent landowners, they would like to see the amendment passed. He said the neighbors have purchased homes in the area under the promise this land would always be a golf course. He pointed out the owner could get 16 to 18 million for this land if it could be built on. He would like to see the promises honored to the community, regardless if Mr. Hertogs said he was unaware of any promises. He also said because the attorneys threatened the City with litigation,he feels the amendment should still be passed. Starr Bourguewyland, of 14267 Wedgeway Court,had one comment on permitted uses. He said he would like to see the owner have permitted uses, like cross Planning Commission Minutes November 13, 2006 Page 5 country skiing in the winter; which would be a source of income for the golf course. Otto Teiken, who has lived off of the 7h hole of Bent Creek for the past 32 years, stated he paid $5,000 more for the position of his house. He believes the recommendation should go forward. Wilson Bryce, of 14418 Fairway Drive, is an architect and is sensitive to the aesthetics in the community. He stated if this property were to be sold and redeveloped he would lose money on his property if he ever chose to sell it. Gary Everett, said he is a long term resident of Eden Prairie and has seen many changes to the City. He said he feels the City should either purchase the property or work with the owner of the Bent Creek Golf Course to come up with a resolution. Dan Miller, of 7055 Howard Lane, stated he supports the comments of Steve Chelesnik. He said when the original developer wanted to create the PUD, there were some restrictions for open space to development. Now, 30 years later, it appears the owner does not seem to want to uphold the promise. Mr. Miller feels the owners of the Bent Creek Golf Course should have to uphold their promise and he would like to see the City pass this amendment. John Brill, of 7384 Moonlight Lane, made a comment he is concerned with the southwest quadrant of Bent Creek. He said this area floods a few times a year and he is concerned with the fertilization coming through Bent Creek. Rick Dorsey, of 14214 Green View Court, stated he feels the land should not be developed in accordance with the PUD. He also believes if the owners were to sell this piece of property they would make more money on it than what they bought it for. He would also like to see the environmental issues addressed before any type of changes would be made. He stated if the property was to be sold and developed on, this would lower the property value of homes around the area and they would also be burden with construction for the next few years. Victoria Rolf, a homeowner who lives on Bent Creek Court, stated what she has heard tonight was the owner wanted the passing of this amendment stalled for awhile to create a "win-win" situation for both the owner and homeowners. She stated she would like to know what the "win-win" situation would be. She said she is also concerned with the wildlife in the area and how it would be impacted with potential construction. Nancy Manderfeld, of 13600 Brook Lane, stated she understands Eden Prairie is 94.5% built and would like to know when enough is enough. She believes a simple resolution for the owner would be to sell the land. Planning Commission Minutes November 13, 2006 Page 6 Mr. Roston, stated he would like to address two issues. He said he heard several references in regards to selling the property. He said they have looked into and have not found any potential buyers. He also said they have not read any historical documents would indicate this land be used for open space. Stoelting reiterated the issues were brought forward tonight. They are as follows: 1. Mr. Hertogs is requesting a postponement of the decision tonight. 2. The status of the title—lack of record. 3. Issues with the PUD. 4. The question of the property owner not knowing the restrictions when he purchased the property. 5. Rural designation. 6. The use of property for uses other than open space. 7. Commitments to the community. 8. Land owners adjacent to the property and declining property values if the land were to be developed. 9. Concept of the City purchasing property. 10. Environmental issues. 11. How will the zoning issues today affect the PUD. 12. The issue of timing in relationship to this amendment. Ric Rosow addressed the issue of the Planning Commission waiting on a decision. He stated as a Planning Commission, the members are not vested with the authority to extend the moritorium,but rather they are to make recommendations to the City Council. If the Planning Commission feels this decision should be delayed then would be a recommendation brought before the City Council. Mr. Rosow said as far as the issue of the status of the title,he has not had the benefit to look through their title research. In regards to the issue of Torrens property, it is subject to zoning ordinances. He also said there were previous commitments made in the original PUD. Franzen stated in regards to the land owners are adjacent to the property and the impact on property values, he stated numerous factors have to be considered for the property value to be lowered, and it would not just involve construction of adjacent property. Mr. Rosow stated to the Commission it cannot base its recommendation on unsupported statements made by residents that the development would have a negative impact on the neighboring land owners. He said in regards to the City purchasing the property, would be up to the decision of the City Council. Mr. Rosow said as far as the environmental issues, if the land were to be developed, there would have to be numerous environmental issues to be met. Franzen stated all properties are subject to numerous environmental ordinances. Mr. Rosow said in regards to PUD, the zoning of the property changing to golf course would be consistent with the PUD. Planning Commission Minutes November 13, 2006 Page 7 Kirk asked Mr. Rosow about the Weinsman ruling and what its impact would do. Mr. Rosow said he is totally aware of the case, and if there was a decision made on it prior to a City Council decision,he would look at it,but he feels the Commission should not wait for an outcome. Stoltz asked Ms. Michales about the `win-win" situation, and what that would entail. She stated there is a wetland area to the south and it could be made into a 9 hole public golf course which would generate revenue for the golf course and also allow non-members to play golf at this golf course. She also stated there was some talk of a conservation easement to the north of the property. Kirk asked Mr. Rosow about a law suit and what is the reality if it did happen. Mr. Rosow stated the City does have insurance but it should not be a reason to pass or deny a proposal. Mr. Rosow pointed out it does take quite a bit of Staff time if litigation would take place. Kirk asked Mr. Rosow if they have the resources to go ahead with the litigation. Mr. Rosow stated they do. Stoelting asked about a continuance or delay of decision and how would Staff feel about it.. Franzen stated he would look at what the City Council requested them to do. He feels Staff did do what they were suppose to do and would not see the need for a continuance. Stoelting reiterated the amendment and asked the Commission Members for their input. Seymour stated he does not see a problem with changing the language of the ordinance,but asked if we could add the outdoor uses to the amendment. Mr. Rosow stated if the Commission wanted to address outdoor uses they should do so. MOTION by Stoltz, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk, to approve the following: An amendment to Chapter 3, adding the following text: Golf course: The term "golf course" includes the construction and maintenance of golf holes,practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. Amendments to Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect golf courses are within the Golf Course land use category and redefining quasi-public as "privately-owned uses resemble public uses such Planning Commission Minutes November 13, 2006 Page 8 as and held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. An ordinance of the City of Eden Prairie Minnesota amending City Code Chapter 11, Sections 11.03, Subd. LA, Subd. 2.131, tables 4 and 5, Subd. 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd. 4 relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. Add croquet, lawn bowling, platform tennis, cross country skiing, snow shoeing, and ice skating, to the list of proposed permitted uses. Motion carried 6-0. . B. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres; Zoning District Change from Rural to Golf Course on 105.8 acres. Franzen presented the proposal. He stated since the Planning Commission adopted Item A, then this item, along with the subsequent golf course requests, needs to be individually addressed. Franzen stated the Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. Rick Dorsey, a resident of Eden Prairie, stated his only concern is to make sure as a PUD it has only zoning applied to the property. He stated he does not want it re-zoned, other than the original PUD. Stoelting asked if the approval of the guide plan change would affect the original PUD. Mr. Rosow stated it would affect the original PUD because it would be zoned golf course,but the other property would be unaffected. He also stated this action would change the zoning of property from rural to golf course. Mr. Rosow reiterated the PUD is not changing but rather zoning. Brooks Halvorson, of 14348 Fairway Drive, had the same concerns as Mr. Dorsey. Mr. Rosow reiterated the PUD would not change but rather the underlying zoning on the property. MOTION by Powell, seconded by Stoltz, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to approve the Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres and Zoning District Change from Rural to Golf Course on 105.8 acres. Motion carried 6-0. C. BEARPATH GOLF COURSE GUIDE PLAN CHANGE & REZONING Planning Commission Minutes November 13, 2006 Page 9 Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres; Zoning District Change from Rural to Golf Course on 198.04 acres. Franzen presented the proposal. He stated Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. Rodney Hardy, secretary and owner of the Bearpath Golf Association, stated Bearpath is concerned about retaining this facility as a private venture. He stated they rely on memberships and have to be accommodating to them as users of the golf course. Mr. Hardy pointed out they are a golf and country club and because of it, they may have different issues. He stated one concern is parking; as the membership grows they may need more parking. He also stated there are some additional uses they would like to have; such as, skateboarding, soccer, or softball. Mr. Hardy stated he would like to know how that would be protected. He said he would also like to know if something happened to a public building on the property, for an example, a fire, they would be able to rebuild it to its current state. John Downey, manager of Bearpath Golf Association,reiterated what Mr. Hardy said. Mr. Downey said he would like to be able to supply a list of additional activities to the Planning Commission. Stoelting apologized to Mr. Hardy and Mr. Downey for not realizing they wanted to speak during the initial amendment proposal. Stoelting asked Franzen to address the issues brought forth by Mr. Hardy and Mr. Downey. Franzen stated he will not prohibit uses like baseball or soccer, or any other similar additional use. He stated it would be beneficial to address the recreational uses prior to going to the City Council. Franzen said in regards to the buildings, the City would not request additional rezoning but they would just have to come back for building permits. Powell stated any recreational sport can be played in a park should be allowed here also. He stated he felt each "open space area" should be able to have non- motorized recreation activities. MOTION by Seymour, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Seymour, seconded by Stoltz, to approve the Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres; Planning Commission Minutes November 13, 2006 Page 10 Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres and Zoning District Change from Rural to Golf Course on 198.04 acres. Motion carried 6-0. Kirk asked how the Commission wants to address the usage issue was brought forward in the public discussion. Franzen stated action should be taken on the first motion and then make a second motion to cover this issue. MOTION by Kirk, seconded by Powell, to ask the City Staff to recommend appropriate language for additional uses to be added to the amendment in conjunction with zoning and guide plan changed brought for to the City Council. Motion carried 6-0. D. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres; Zoning District Change from Rural to Golf Course on 169.1 acres; Zoning District Change from RM-6.5 to Golf Course on 1.6 acres; Zoning District Change from R1-13.5 to Golf Course on .52 acres. Franzen presented the proposal. He stated Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Stoltz, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk, to approve the Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.11 acres; Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres; Zoning District Change from Rural to Golf Course on 169.1 acres; Zoning District change from RM-6.5 to Golf Course on 1.6 acres; Zoning District Change from R1-13.5 to Golf Course on .52 acres. Motion carried 6-0. E. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres; Zoning District Change from Public to Golf Course on 50.69 acres. Franzen presented the proposal. He stated Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. There was no input. Planning Commission Minutes November 13, 2006 Page 11 MOTION by Kirk, seconded by Powell, to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk, to approve the Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres; and Zoning District Change from Public to Golf Course on 50.69 acres. Motion carried 6-0. F. BECKER REZONING by Lee and Carri Becker. Request for: Zoning District Change from Rural to R1-13.5 on .083 acres. Location is 9795 Bluff Road. Carrie Becker presented the proposal. She stated the house they are currently living in was built in 1980 and it was never in compliance with zoning regulations. They are bringing forth their proposal tonight to get their home properly re-zoned. She stated they found this discrepancy when they started to remodel their home. Mr. Becker illustrated the setbacks using the overhead projector. Stoelting asked Franzen if by rezoning to R1-13.5 would there be any zoning inconsistencies. Franzen stated there would not be any inconsistencies. Stoelting asked Franzen to review the staff report. Franzen stated Staff recommendation is for approval. Stoelting opened the meeting up for public input. There was no input. MOTION by Powell, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Stoltz, to approve the Zoning District Change from Rural to R1-13.5 on .83 acres based on the staff report dated November 10, 2006, and plans stamped dated October 20, 2006. VII. PLANNERS' REPORT Franzen stated for the November 27, 2006, meeting, there will be one public hearing for a proposal for an office building and a Guide Plan Update on Transportation. IX. MEMBERS REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT Planning Commission Minutes November 13, 2006 Page 12 MOTION by Stoltz, seconded by Kirk, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting adjourned at 10:20 p.m.