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Planning Commission - 01/11/1999 APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 11, 1999 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Beverly Alexander,Kenneth E. Clinton,Laurence Dorn,Jr.,Randy Foote,Bill Habicht,Rebecca Lewis,Douglas Sandstad STUDENT REPRESENTATIVE: Kyle Halvorson STAFF MEMBERS: Mike Franzen, City Planner, and Barbara Anderson, City Recorder I. PLEDGE OF ALLEGIANCE -ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. Commissioners Clinton and Habicht were absent. H. APPROVAL OF AGENDA MOTION: Sandstad moved, seconded by Dorn, to approve the Agenda as published. Motion carried 5-0. III. APPROVAL OF MINUTES MOTION: Lewis moved, seconded by Alexander, to approve the Minutes of the December 14, 1998 Planning Commission as submitted. Motion carried 5-0. IV. PUBLIC HEARINGS A. PERKINS SUBDIVISION(a continued public hearing). Request for Preliminary Plat of 3 acres into 3 lots with variances to be reviewed by the Board of Adjustments and Appeals. Location: 7010 Willow Creek Road. Franzen noted staff had received a letter from the proponent requesting this item be continued to the January 25, 1999 agenda as he had been unable to complete the revisions requested by the Planning Commission. Staff notified residents of this change. MOTION: Dorn moved, seconded by Lewis, to continue the Perkins Subdivision until the January 25, 1999 meeting. Motion carried 5-0. PLANNING COMMISSION MINUTES City of Eden Prairie January 11, 1999 Page 2 B. EDEN ORCHARD. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 39.26 acres, Planned Unit Development Concept Review on 158.4 acres,Planned Unit Development District Review with waivers on 158.4 acres,Rezoning from Rural to RI-9.5 on 42.08 acres,Rezoning from Rural to RI- 13.5 on 77.007 acres,Rezoning from Rural to RM-6.5 on 39.26 acres, Site Plan Review on 39.26 acres, EAW Review and Preliminary Plat on 158.4 acres into 416 lots and 10 outlots. Location: Pioneer Trail and Dell Road. Lee Johnson, representing Orrin Thompson Homes,reviewed the changes that were made to the original plans. He stated they eliminated one access to Dell Road which was made into a cul-de-sac. He reviewed the traffic study for the development and noted it was recommended that a right turn lane be installed on Dell Road turning onto Pioneer Trail to facilitate traffic movement at this intersection. He described the reconfiguration of the roadway to preserve two trees, and noted it also allows for an increase in lot depth for the lots adjacent to the City park land. There are four lots which are adjacent to the park and there will be a slope up to the park which will be planted with transition-type vegetation to enhance the transition between the park and the development. He discussed the tree loss, which was another concern expressed by the Planning Commission and the residents, and noted that by adjusting roadway alignments and lot lines they have been able to reduce the amount of tree loss they will have to between 21.4% and 37.1%tree loss for the total project. There were some trees that were omitted from the original calculations, and these have now been included in the figures. Johnson commented they did not know what would be going on with Outlot H and they have added 28 duplex homes for this part of the site. These would be for the empty-nester type homeowner and they have been distinctively configured. They are also showing six units which are located on the Cole property but this is not included in this request, as it has not been formally applied for at this time. He discussed the mix of housing types and noted they eliminated 16 units from the Town Home section and moved them into the single family section. They also eliminated three lots so they are proposing a total of 416 units and 10 outlots. He requested the Planning Commission to approve the revised plans. Foote asked if it would be possible for the proponent to maintain the same housing diversity but reduce the density of the project, or would that make the remaining units too expensive. Johnson responded it would aversely affect the cost of the housing remaining in the project. Sandstad asked about the park and Johnson responded it was not developed yet,but would be as soon as this project was built. Dorn expressed concern about the cost of the homes that would be constructed because of the concerns of the residents expressed at the last meeting regarding their property values being adversely impacted by this development. It was noted that the median price for a home would be at about$146,000 PLANNING COMMISSION MINUTES City of Eden Prairie January 11, 1999 Page 3 which was not low income housing and should not negatively impact property values for adjacent residential neighborhoods. Alexander was concerned about the stand of pine trees located on the Hendrickson property to the north and Johnson responded that the small ones could be moved to other areas on the site,but since this property was not included in this project proposal, that would be addressed in the future. Franzen reviewed the staff report and noted the reasons for approval should be based on a finding of a compelling reason to change the Guide Plan. He noted this development would provide affordable housing for the City and in exchange the City was proposing to allow density bonuses to the developer to permit construction of projects with higher densities. Also, the proposal for development of the Hendrickson property which has a market response to this development by developing at a higher density. The Planning Commission needed to evaluate this project in light of what may develop on parcels adjacent to this subject site. Staff recommended that the Planning Commission consider what the ramifications are for the adjacent properties even though the proponent has met the intent of the direction given by the Planning Commission at their last meeting. Dorn commented he felt that the commercial proposal for the adjacent property should be larger in size to allow enough space for businesses to come in and be able to compete with other commercial businesses in the area. Discussion ensued regarding the sizes of various small neighborhood commercial areas throughout the City and Franzen noted that many developers felt that 50,000 square feet were needed for a neighborhood commercial center to be viable. Discussion ensued regarding if there would be adequate buffering between the center and the adjacent residential areas, and whether there was adequate development in the surrounding areas to support a neighborhood commercial center. Franzen commented that land use issues were not based on economic feasibility. The Public Hearing was opened. Ben Merriman,BMP Real Estate, stated he was the developer of the property on Linwood and Dell Road. They have done the project which will commence construction this spring, and they buffered it from the adjacent residential neighborhoods. Before beginning their project, they looked at the guiding and zoning which determined how far other commercial developments could be located from their development. He expressed concern that the new commercial development proposed for the Hendrickson property would be only about one mile from their site, and he was opposed to changing the Guide Plan to allow commercial development on this site. He believed it would take business away from their development and dilute the market. Larry Kacher, 9820 Sky Lane, stated he wished to comment about the southeast corner of the project. He was concerned that the proponent had not met the criteria set by the Planning Commission regarding this area. He did not believe eliminating three units and counting trees on an undevelopable portion of the site met this direction. There is no PLANNING COMMISSION MINUTES City of Eden Prairie January 11, 1999 Page 4 reasonable logic to grant a variance to the Guide Plan in this area of Eden Prairie. The amount of tree loss in the areas on construction is still 60%which does not meet the direction of the Planning Commission. He proposed that this portion of the site follow the guidelines from the R1-44 District, and be developed with large-lot single family homes. The Cash Park Fees could be reduced by a commensurate amount with this type of development. He stated he could find no compelling reason why the Guide Plan should be changed in this area. Diana Dunn, 9381 Cedar Forest Road, stated she was opposed to the density and was concerned about the traffic that would be generated from this development. There was a large amount of development going on in Chaska and Chanhassen, and this development will also impact traffic levels on Pioneer Trail. She stated she moved to Eden Prairie to enjoy the natural features and the environment which exist in Eden Prairie. She was opposed to connecting this development to the Cedarcrest area, and proposed the roadway be ended with a cul-de-sac. She noted many of the proposed homes would have cul-de- sacs and felt that older residents should have the same privilege as these newer residents would have. She expressed concern about the farmers market and whether it would be able to survive if this development was approved. She also asked what determined a significant tree and Foote responded it was a 12 inch diameter size for a deciduous tree and 8 inch diameter for an evergreen tree. She asked how many different types of housing units were proposed, and Foote responded the developer was proposing 259 single family homes, 56 twin homes and 118 town homes. Paula Legad, 17191 Cedarcrest Drive, indicated where she lived on the plans, and stated she was concerned about the erosion from this proposed development and the impact it would have on her property when the runoff came down the ravine. She stated she was opposed to a road connection to Cedarcrest from this development. She commented she was not opposed to having between 8-10 homes added to her cul-de-sac, since her neighbors were selling their property. She was concerned about the environmental impacts on the wildlife in the area and the habitat which would be lost. She was opposed to the development. JoAnn Lroblewski, 9360 Cedar Forest Road, inquired if an environmental study was done and if so, could she see the results. Franzen responded the documents were located in the Community Development Department at City Hall and could be viewed between the hours of 8:00 a.m. until 4:30 p.m. Monday through Fridays. She asked about the roadway connection and if it had been decided whether it should go through or not. Sandstad commented he had not discussed this issue with other Commissioners, and it had not been determined yet. She was concerned about the impact on the wildlife in the area and commented they had not been notified this item would be on the agenda that evening. Foote responded that it was announced at the last meeting that this item would be continued to the January 11, 1999 agenda, and the City did not send out notices for continued items unless specifically instructed to do so by the Commission. PLANNING COMMISSION MINUTES City of Eden Prairie January 11, 1999 Page 5 Brad Mlynar, 17140 Cedarcrest Drive, stated he bought his home because it was located on a cul-de-sac, and he wanted it to stay that way. He inquired how the land located between Cedar Forest Road and the Orrin Thompson development was zoned and Franzen responded it was all the Eden Orchard property which is zoned for agricultural use but is guided for a developed density of 2.5 units per acre. When development is proposed staff tries to have development that is comparable to what is already existing in the area. Pam Olson, 9040 Dell Road, stated they are the owners of a hobby farm, and have several neighbors who also own hobby farms in this area. She was concerned about who would be required to pay for the upgrading of old Dell Road and objected to being assessed to pay for it when this development was causing the upgrade to occur. Johnson responded that the assessment policy will be determined by the City Council but much of that land now being used as hobby farms will be divided in the future. He did not believe that Orrin Thompson Homes should bear the entirety of the cost of upgrading the roadway,but there were many options available to the City Council when determining how the road improvement assessments should be handled. Discussion ensued regarding who should pay for the upgrading of the roadway, and Olson commented she believed Orrin Thompson should pay for it. Mark Reese, 9200 Cedar Forest Road, stated he was concerned about the increased traffic if the roadway was connected. He was concerned that if the road was connected it would require that Cedarcrest and Cedar Forest Roads be upgraded to handle the increased traffic, and he was opposed to paying any additional assessment costs resulting from this. He did not want to have additional traffic going through is neighborhood. He asked when the decision would be made regarding this roadway connection, and Foote informed him that it would be decided after the public hearing closed and the Planning Commission discussed it. Franzen noted the policy of the City Council is usually to make the connection unless it would cause severe damage such as filling a wetland area or cutting down a large hill. The final decision on the roadway connection will not be made until the Council reviews this project. Staff is recommending that the roadway be connected,but the City Council may decide not to connect it when they review the project. Jan Balm, 17170 Beverly Drive, asked if the Planning Commission had looked at what would happen when they put that many homes into this southeast area and the erosion that will occur with the construction on top of the ridge. She asked why the City would waste money trying to save land in the Big Woods preserve and then let all these people move in right next to it. Mark Michaelson, Cedarcrest Drive, commented he noticed a recent washout that happened last summer while out walking his dog, which was the result from the development above it. He did not believe any compelling reason had been established to PLANNING COMMISSION MINUTES City of Eden Prairie January 11, 1999 Page 6 change the guiding for this development. Sandstad stated he appreciated the comments from the residents. The project does appear to be reasonable from his perspective and development needs density incentives so the City can get affordable housing and Senior housing. He did not feel they need to have a larger commercial area than what is proposed. The PUD agreement provides for bonding against environmental damages, and he supported the proposal. Lewis stated this area will be developed and that is inevitable. Eden Prairie is now 90% developed and the City has few alternatives left to use. She noted the developer has made major concessions to meet the direction given by the Planning Commission. She recently heard residents at another public hearing complain of being isolated because roadways were not connected through their neighborhoods, and at first she had believed this roadway should be connected. However, given the input from the residents, she had changed her position, and felt the roadway should end in a cul-de-sac. She supported the density but was not excited by the density in the southwest corner. She noted it did meet the requirements and forcing an exchange in density was not going to meet their goal to protect this sensitive area. She suggested that the developer look at it one more time to see if something could be done. Overall, she supported the project because it meets needs of the City. Dorn explained that the Planning Commission makes a recommendation to the City Council and they are the ones who make the final decisions. He was concerned about the southeast portion of the site and the environmental impacts which could be the result from this development in this area. He noted that residents have rights,but so do property owners. He suggested that perhaps the southeast corner of the development could be eliminated from this project. He suggested it could be donated to the City as a park and it would benefit everyone. It could save Orrin Thompson the cost of developing the street and the property owner could deduct the value of this land from the capital gains tax. Dorn supported the project without the southeast corner segment, and supported connecting the streets whenever possible. Alexander stated she had changed her views, and connecting the street was something that was usually done to benefit the residents of a neighborhood, and since the residents that spoke appeared to be against connecting the street, she did not support making that connection. The southeast corner of the project would be a nice addition to the preserve and she urged the proponents to work together to see if something could be worked out. She commented again she would like to see the pine trees saved. The assessments for improvements to Old Dell Road should be fairly distributed and the property owners on the west side of the road should not be penalized because of this development. She would like to see a lower density or a larger commercial development in the area. She felt they could develop something that was more environmentally sensitive. She supported the project except for the southeast corner and she felt the roadway did not need to be connected. PLANNING COMMISSION MINUTES City of Eden Prairie January 11, 1999 Page 7 Foote commented he was always an advocate for diversity in housing types and this project has many features which are desirable. He was concerned about the southeast corner and would like to see the proponent eliminate half to two-thirds of those lots. He did not want to see homes built on the ravine or back up to the park. He was comfortable with the density being located elsewhere on the site. He did not see any value to connecting the roadway. Sandstad commented if the proponent wants to build on this portion of the site and the property owner wants to sell it there is no way the City can force the property owner to donate land to the City. He was prepared to move for approval of the project. Johnson commented he could discuss the idea of donating this area to the City with the Limited Partnership but he did not think they would be willing to do that, and the City did not have the financial resources to purchase this land. He could have platted the lots so they went to the creek and then conceded more area to the City,but chose to plat them the way he believed they should be done initially. These lots are very large and will be able to support the homes they are proposing for them. They have already donated 10 acres to the City and will be placing a conservation easement over land in the twin home area. They believe what they are proposing will virtually eliminate all the runoff from this area. If nothing is built this area will just continue to erode into the creek. They have developed a reasonable use for this property and he requested the Planning Commission to approve the proj ect. MOTION: Sandstad moved, seconded by Lewis,to close the public hearing. Motion carried 5-0. MOTION: Sandstad moved, seconded by Lewis,to recommend to the City Council approval of the request of Orrin Thompson Homes for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 39.26 acres,Planned Unit Development Concept Review on 158.4 acres,Planned Unit Development District Review with waivers on 158.4 acres,Rezoning from Rural to RI-9.5 on 42.08 acres, Rezoning from Rural to RI-13.5 on 77.007 acres,Rezoning from Rural to RM-6.5 on 39.26 acres, Site Plan Review on 39.26 acres,EAW Review and Preliminary Plat on 158.4 acres into 416 lots and 10 outlots based on plans dated January 8, 1999, and subject to the stipulations listed in the Staff Report dated January 8, 1999 with the addition of the following conditions: 12. Maintain the quasi-rural condition of Cedarcrest Road and not connect it through. 13. Unanimous concern that extreme care be utilized in the development of the southeast corner of the project and that the proponent explore all options to increase protection of the woods and ravine. PLANNING COMMISSION MINUTES City of Eden Prairie January 11, 1999 Page 8 Motion carried 4-1. Dorn voted no. V. PUBLIC MEETING VI. MEMBERS' REPORTS VII. CONTINUING BUSINESS VHI. NEW BUSINESS IX. PLANNERS' REPORTS Franzen noted that the packet included a memo from David Lindahl,HRA Manager,requesting the Planning Commission make a finding that the sale of Lot 4,Block 1, Eden Prairie Market Center 4th Addition was consistent with the Eden Prairie Comprehensive Plan. MOTION: Dorn moved, seconded by Alexander,to find that the sale of Lot 4,Block 1,Eden Prairie Market Center 4th Addition is consistent with the Eden Prairie Comprehensive Plan. Motion carried 5-0. Commissioner Sandstad commented he thought a Dunn Brothers Coffee Shop should be part of the development in the lower level. Alexander commented she would like to see something in the end of lower priced apartments. Franzen explained this is usually worked out later on but there is usually some Section 8 housing included. X. ADJOURNMENT MOTION: Lewis moved, seconded by Alexander,to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:30 p.m.