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Planning Commission - 05/24/1999 APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 24, 1999 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Beverly Alexander,Kenneth E. Clinton,Randy Foote, Bill Habicht, Rebecca Lewis, and Doug Sandstad STAFF MEMBERS: Michael D. Franzen, City Planner; Scott A. Kipp, Senior Planner; Krista Flemming,Planner I; Roger Pauly, City Attorney; David Lindahl,HRA; and Judith Kunz, City Recorder I. PLEDGE OF ALLEGIANCE -ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. Commissioner Doug Sandstad was not in attendance. II. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Alexander to approve the Agenda as published. Motion carried 5-0. III. APPROVAL OF MINUTES MOTION: Lewis moved, seconded by Clinton,to approve the Minutes of the May 10, 1999, Planning Commission as submitted. Motion carried 4-0-1 with Alexander abstaining due to absence. IV. PUBLIC HEARINGS FOR MAY 24 1999 A. NORTH BLUFFS by Laukka-Jarvis. Franzen introduced Peter Jarvis,representing North Bluffs. Jarvis presented the plan for the development of the 60-acre site. Jarvis described the project as it relates to the Flying Cloud Airport,the wetlands and the closed landfill. He described the development proposal as it relates to the EIS review currently underway by the Metropolitan Airports Commission(MAC) and the Metropolitan Council for runway expansion. Franzen said this proposal is part of the original plan of Bluffs West, Second Addition of 1979. He reviewed the report from the MPCA as this plan relates to the landfill, showing no negative impact. Franzen reviewed the airport safety zones and noise zones as they relate to the proximity PLANNING COMMISSION MINUTES May 24, 1999 Page 2 of this proposal. Foote asked if there was an ordinance, which regulates distance from a landfill. Franzen indicated there is no ordinance. Clinton asked if the 45 dBa noise requirement would be enforced in the mornings when the commercial j ets from Flying Cloud are sitting on the runway revving their engines. Kipp responded that the 45 dBa is an average, and the Uniform Building Code would most likely meet this internal noise maximum as part of new home construction. Alexander asked if there is a berm that buffers or screens the landfill from this development. Jarvis responded that the rise is approximately 10 feet before the landfill is visible. In addition, landscaping would be used. Clinton asked the price range of homes. Jarvis responded that they are not the builders but would estimate the parcels would go for$60-$100,000 yielding a home price of approximately$240,000 to $400,000. Habicht asked how far the development is from the wetlands. Jarvis responded approximately 100 feet plus;with some lots being 300 feet deep. Jarvis informed the Commission that his project is proposed in two phases, and that they would be back for final plat approval for the lots inside future Safety Zones A and B if MAC chooses not to acquire this portion of the property Mark Ryan,representing the Metropolitan Airports Commission, expressed concerns about this development,particularly changing the zoning from rural to a higher density residential. Ryan informed the Commission that the Metropolitan Council is currently reviewing the Environmental Impact Statement for extension of the runway, and this proposal is currently inconsistent. The residents in the area are already impacted by the noise; and the further residential development would impact the new residents. Ryan stated the final review of the EIS is projected to be September, 2000. John Fedora, 9820 Tree Farm Road, lives 360 feet from the development; expressed his concern with the grossly inadequate notification distance of 350 feet for a project this size. He believed this area was park land. He asked if there was a way to stop this project. His issues are that it does not make sense to move ahead without airport resolution. He stated his concern with preserving the"prairie" and asked the Commission to protect his embattled neighborhood—the landfill and the airport. Franzen stated that the property is own by an individual and they have the right to sell it. Fedora restated his concern with preserving the prairie and strongly urged the Planning Commission to table the project and issue proper notification. PLANNING COMMISSION MINUTES May 24, 1999 Page 3 Franzen informed the Commission that requirement notices were sent to property owners within 350 feet of the legally described project property. Chris Belton, 11726 Sandy Point Road, stated that when they purchased their property they were told that it was BFI property and it would remain undeveloped for 25 years. The proposal would have the new homes looking directly down in her home/backyard. She will look at a fence instead of open space as they were originally told. Kim Klenner, 12672 Sandy Point Road, stated concerns about the view they will have up the hill from their backyard. She suggested the project should be scaled down. She also stated concern with all the new development,where will all the children go to school. John Lavender, 10271 Winter Place, stated his property abuts the development. He stated concern about drainage and explained that he and his neighbor have an intermittent stream running through his backyard from the ridge during rainfall. He asked if the drainage had been evaluated. He also asked with the increase in population in Eden Prairie, at what point does the city need to look at increasing public services. Foote asked about traffic from the development. Franzen indicated that according to the City's 1997 Transportation Plan,which was incorporated into the City's Comprehensive Guide Plan,the engineers looked at the current and future traffic with a population of 65,000. The local road system can handle the traffic. He stated that in most cases the County and Regional road systems are insufficient. Julia Zimmer, 12708 Sandy Point Road informed the Commission that they were told nothing would be developed above them. She asked the Commission to protect the bluffs. She stated concerns that her lot would be worth less with this development. Kim Klenner, 12672 Sandy Point Road, appeared again to state concern about the airport noise problem. They cannot keep their windows open after 5:00 a.m. daily because of the airport noise or not get any more sleep. Clinton stated his concerns, which included the neighborhood concerns,meeting guide plan requirements, drainage,traffic, airport noise. He informed the residents that the Planning Commission is not the enemy but here to listen to them and come to an agreement between the neighbors and the developers. He stated he sees a lot of problems with the plan. Joel Cooper,Project Engineer,reviewed the existing drainage plan showing with the development, water would be directed to a stormwater drainage pond at the wetlands which should alleviate the existing problem. Jarvis stated his concern is with the neighbors being told there would be no development. He said they entered into agreements with three builders two years ago when they purchased the property PLANNING COMMISSION MINUTES May 24, 1999 Page 4 from BFI and produced brochures which showed future development. He respectfully disagreed that there were a number of technical problems with the plan. The airport issues are exactly what prompted them to propose a staged development. Alexander told the neighbors that she sympathized with their concerns. She has concerns with building in an airport take-off area because of noise. She also stated honesty to people is important when people are buying homes. She also has a problem with re-directing the drainage; building on the bluff and disturbing vegetation. But she also emphasized that they cannot deny a property owner from building as long as they meet the zoning requirements. Habicht said the developer has the right to develop a much denser project than what is being proposed according to the Guide Plan. He would support a continuance for 30 days for the developer to meet with the neighbors. Jarvis stated his concern with a continuance since they have met the requirements;but also indicated he would be happy to meet with the neighbors and walk them through the development. Lewis stated concern about the airport noise but stated the owner has the right to development. She stated they would rely on the traffic studies to show impacts if there would be any. She stated the project meets the Guide Plan but would have liked the developer to meet with the neighbors. Lewis stated that because of the technical merit of this project she would support it. Franzen informed the Commission that neighborhood meetings are not required,but are encouraged if a project is very different than what is around the site. He stated concern with the State law,which requires action within 120 days and that would expire in the middle of July. The developer would have to ask for an extension and if they went beyond the 120 days without the request,the project is automatically approved. MOTION: Lewis moved, seconded by Clinton to close the public hearing. Motion carried 5-0. MOTION: Lewis moved, seconded by Clinton to recommend to the City Council approval of Laukka-Jarvis for Planned Unit Development Concept Review on 60.69 acres,Planned Unit Development District Review on 60.69 acres with waivers,Rezoning from Rural to R1-13.5 on 60.69 acres and Preliminary Plat of 60.69 acres into 108 lots,based on plans dated May 21, 1999 and subject to the recommendations of the Staff Report dated May 21, 1999, and an additional addendum for Mr. Jarvis to meet with the neighbors before this item goes to the City Council. Motion carried 5-0. The Planning Commission took a five minute recess. B. FLYING CLOUD CORPORATE CAMPUS PHASE II by Liberty Property Trust. Flemming introduced developer, John Gattuso to the Planning Commission. PLANNING COMMISSION MINUTES May 24, 1999 Page 5 John Gattuso, Senior Vice President, Liberty Property Trust, explained Phase 1I of the project that includes five remaining single story office buildings to be built in three phases. Gattuso indicated that no grocery store was being proposed to occupy any of the buildings. Alexander asked about the intersection improvements. Gattuso explained that by the time the first building of Phase I is completed,the intersection improvements will be made. The signal equipment has been ordered. Roxanne Johnson, 8861 Peep O'Day Trail, said she believes this is good choice for use of this property. She stated a concern with the Anderson Lakes Parkway and Columbine traffic. She asked for more police enforcement at this intersection, and she stated signs have been knocked down by drivers. She is concerned that Columbine Road is the only way in and out of her neighborhood. Joyce Snyder, 8847 Peep O'Day Trail, stated her concern with notification. A neighbor next door to her and down one was not notified,but yet she was. She stated her concern with a proposal that came last winter for a Rainbow and does not want to see any changes from the current proposed development—one story office buildings. Flemming explained that the developer's agreement requires that no occupancy permit would be issued until intersection improvements are made. They are anticipated to be completed the beginning of August 1999. MOTION: Alexander moved, seconded by Lewis to close the public hearing. Motion carried 5-0. MOTION: Alexander moved, seconded by Lewis to recommend to the City Council approval of the request of Liberty Property Trust for Planned Unit Development Concept Review on 32.05 acres,Planned Unit Development District Review on 24.87 acres,Rezoning from Rural to Office on 24.87 acres, and Site Plan Review on 24.87 acres,based on plans dated May 21, 1999 and subject to the recommendations of the Staff Report dated May 21, 1999. Motion carried 5-0. C. EDEN SHORES SENIOR CAMPUS by SilverCrest Properties, LLC. Kipp introduced the developers. Michael Gould, SilverCrest Properties, explained the"continuing care facility for seniors" concept for the project. He said they have met with the neighbors four times and because of the neighbors' requests they have made some modifications to their plans. Peter Pfister, architect presented the site plan. Kipp went over the issues of the Staff Report and stated the staff recommends approval. PLANNING COMMISSION MINUTES May 24, 1999 Page 6 Tom Brown,representing the Eden Lake North neighborhood,met with the developer on the site twice. He stated that not all the neighbors' concerns have been addressed, such as the height of the building. The site is at a higher elevation than the neighborhood which puts the building at 100 feet higher than the homes and would be quite visible for some distance. He stated concerns with the density waiver; grading and loss of trees and the replacement trees and berming. He stated the project would be as high as the Flying Cloud airport elevation. He stated the developer has really tried to work with the neighborhood but there are remaining concerns about height and density. He stated opposition to the density waiver. Carl Gammon, 12485 Porcupine Court, appeared in favor of the use but asked that the density be decreased. Carl Haerle, 12595 Porcupine Court, appeared in favor of the use but stated concerns with the height. Lori Kron, 12425 Porcupine Trail, appeared in favor of the use but concerned with her property values decreasing. Randy Pettinger, 12655 Porcupine Trail, stated concern with the ten townhomes in his backyard. The townhomes would be 25 feet away and asked for adequate buffering such as a fence and additional trees. Scott Vohnoutka, 8541 Flying Cloud Drive, stated the development is very good; likes the spruce trees because they are green year round; and there is a great need for a facility of this type since many residents in the Eden Prairie area have lived here 35 to 40 years. Chris Karchok, 12570 Porcupine Trail, appeared in favor of the use but is concerned with the scope of the project. He moved here 11 months ago for privacy. She stated the proposed development would be like parking a"battleship"in her backyard. People living there will be looking down in his backyard and into his house. Curt Connaughty, 11860 Sunny Brook Road,has lived here 45 years and agreed with the need for this type of use and believes this is a good place for it. Alexander is in favor of this type of development. She stated her concern for the market rent of $1,050 seeming too high. Habicht agrees with the neighbors in that this type of facility brings a whole lot of public good but the building is just too big for the site. He asked the developer if less height would work. Gould stated if the height were altered there would be impact on the number of units. He stated more screening might be a possibility. Franzen identified the issue the Commission was most concerned with was the physical expression of the building. He advised the Commission to suggest to the developer to be creative in resolving the height issue. PLANNING COMMISSION MINUTES May 24, 1999 Page 7 Gould agreed to a continuance to June 14 to continue work with the neighbors on the height issue. MOTION: Clinton moved, seconded by Alexander to continue the public hearing on this item to the June 14, 1999 Planning Commission meeting. Motion carried 5-0. MOTION: Habicht moved, seconded by Clinton to find the draft Tax Increment Financing Plan for the Eden Shore Senior Project consistent with the goals of the City's Comprehensive Plan. Motion carried 5-0. Chair Foote informed the residents that no new notices would be sent regarding the continued public hearing date of June 14, 1999. C. STAHL ADDITION by Jerry Stahl. Franzen introduced the proponent. Jerry Stahl, stated he and his aunt own the property and he and his wife want to build a home next to this aunt's. The one parcel needs to be subdivided into two so this can be accomplished. MOTION: Clinton moved, seconded by Lewis to close the public hearing. Motion carried 5-0. MOTION: Clinton moved, seconded by Lewis to recommend to the City Council approval of the request of Jerry Stahl for Zoning District Change from Rural to R1-13.5 on 2.58 acres and Preliminary Plat of 2.58 acres into two single family lots,based on plans dated May 11, 1999 and subject to the recommendations of the Staff Report dated May 21, 1999. Motion carried 5-0. D. RDA CENTER(LUNDS)by RDA Advisors. Franzen explained that the lot must be split for mortgage purposes. Lee Stedman,RDA Advisors, explained the need for approval. MOTION: Habicht moved, seconded by Lewis to close the hearing. Motion carried 5-0. MOTION: Habicht moved, seconded by Lewis to recommend to the City Council approval of the request of RDA Advisors for Planned Unit Development Concept Review on 6.12 acres,Planned Unit Development District Review with waivers on 6.12 acres,Preliminary Plat of 6.12 acres into two lots, Zoning District Amendment in the C-Reg-Ser Zoning District on 6.12 acres,based on plans dated May 21, 1999 and subject to the recommendations of the Staff Report dated May 21, 1999. Motion carried 5-0. PLANNING COMMISSION MINUTES May 24, 1999 Page 8 E. BLUFF COUNTRY VILLAGE EAST—COMMERCIAL F. BLUFF COUNTRY VILLAGE WEST—COMMERCIAL G. BLUFF COUNTRY VILLAGE WEST-RESIDENTIAL City Planner Franzen explained to the Commissioners and public that there are three proposed developments, (i.e., three items,but the Planning Commission will consider these items as one proposal.) Wally Hustad, owner of the property, Hustad Land Company, explained they were coming back having addressed most of the issues noted at the previous Planning Commission meeting. He requested a continuance to July 12, 1999,to proceed with revisions recommended by Staff that they were unable to complete due to timing. Franzen reviewed the staff recommendations. Maureen Degman, 9946 Balmore Lane, showed photographs of other types of similar density projects where the neighbors got large buffers,roads,walls, etc. She stated her concern that they were not getting similar buffering. She stated the development does not seem conducive to the senior living—it's not interesting and there's no transition. She stated the gas station is too large. She would like to see the existing trees that act as a buffer to not be removed. Concern was expressed for excessive traffic and noise; in addition to Hwy. 169 truck traffic. She stated concern with the work/live units and suggested all single-family homes. Terry Rutherford, 9886 Balmore Lane, stated concern with tree removal and the height of the retirement building. Jeanette Gunderson, 9922 Balmore Lane, stated her property borders the proposal. She stated concerns in a letter sent to the Planning Commission and staff dated May 21, 1999, and would like the letter to be entered into the record. The issues are density,tree loss, and the amount of hard surface for the park and ride facility. She stated that this proposal impacts a significant number of people in three neighborhoods. Bruce Webster, 9953 Balmore Lane,reviewed the discussion at the last meeting and still feels the issues have not been addressed. He is concerned with the amount of traffic and noise generated by the Park and Ride. He would like to see a more suitable plan developed. Kim Lingquist, 9933 Balmore Lane,referred to the neighborhood letter dated May 21, 1999, and asked why the density limit is at the maximum instead of middle. She stated concern about extensive pavement/hard surfaces, and would like to see a development like the Linden townhomes with large landscaped areas. She believes putting in the Park and Ride is cheating. She stated the senior high rise is three stories too much. She asked if there is a way for the City to ensure that the senior housing will always remain senior housing. John Turner, 10019 Shadow Line Drive, stated concerns about lack of transition and tree loss; PLANNING COMMISSION MINUTES May 24, 1999 Page 9 suggesting that existing vegetation could sustain itself and be maintained as a natural buffer. He suggested a cul de sac at the end of Shadow Pond Drive, a shorter senior high rise and smaller gas station. Kevin Benjamin, 9949 Lee Drive, on the south side of the development stated concern about the loss of a berm where the Walgreens will be located; a three-story building is too high and becomes an eye sore; the scope of the gas station is too large and will cause lighting and noise issues from the car wash. Steve Moen, 9812 Lee Drive, questioned the amount of commercial space and stated concern with too much blacktop area and not enough green area. Joan Martin, 9936 Balmore Lane, stated concern for the gas station with car wash as not being conducive to the neighborhood; the senior housing is too high; and the tree loss is too excessive. She asked that the townhome density be reduced stating concern with her property values being negatively affected. Alexander stated that she likes the project just the way it is. Lewis stated that she sees some improvement from the last plan,but something is not there yet;perhaps breaking up the perimeter of townhomes from appearing so "square" and/or angle the long commercial building. Lewis stated she is comfortable with the other general concepts of the plan. Habicht stated he is concerned that the overall project is just too dense and if the Park and Ride remains it needs to be counted against either the commercial or residential in some way. Chair Foote stated his concerns to be too much density with townhomes and the commercial areas, as well as tree loss. He would like to see the project downsized. He supported the Park and Ride,but saw a need to factor it into the figures. Clinton expressed concern with density, tree loss, orientation of the buildings,too large of a gas station, inadequate green space and buffering, excessive height of senior building. Franzen explained that typically when a developer asks for a Guide Plan change,the City can bargain for some things in exchange for the amendment. The City cannot tell this developer how large the gas station can be because it complies with the current guiding. He asked the Commission to give the developer a consensus on the issues they would like to see addressed in the revised plan. The Commissioners agreed on the issues they would like addressed further to include: Reduced hard surface/blacktop area and more green space;reduced residential density without losing the senior housing or count the Park and Ride as part of the commercial square footage. MOTION: Clinton moved, seconded by Lewis to continue this public hearing to the July 12, 1999 Planning Commission meeting. Motion carried 5-0. Chair Foote informed the residents that no new notices would be mailed regarding the continuance to July 12, 1999. PLANNING COMMISSION MINUTES May 24, 1999 Page 10 V. ADJOURNMENT MOTION: Lewis moved, seconded by Habicht to adjourn. Motion carried 5-0. ADJOURNMENT: 11:56 p.m.