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Planning Commission - 06/28/1999 APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 28, 1999 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Beverly Alexander,Kenneth Clinton,Randy Foote, Bill Habicht,Rebecca Lewis, and Douglas Sandstad STAFF MEMBERS: Michael D. Franzen, City Planner; Krista R. Flemming, Planner I; and.Judith Kunz, City Recorder I. PLEDGE OF ALLEGIANCE -ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. All Planning Commission members present. II. APPROVAL OF AGENDA MOTION: Lewis moved, seconded by Alexander to approve the Agenda as published. Motion carried 6-0. III. APPROVAL OF MINUTES Commissioner Alexander requested a change on page 7, third sentence adding the word"homes" before ...built on the north side."to clarify her statement. Chair Foote requested a correction to the last name of Carol Bonben be made throughout the minutes. The Commissioners also requested that under Agenda item I. the names of those commissioners absent be shown. MOTION: Alexander moved, seconded by Lewis, to approve the Minutes of the June 14, 1999 Planning Commission as amended. Motion carried 4-0-1 with Commissioners Clinton and Sandstad abstaining due to absence. IV. PUBLIC HEARINGS FOR DUNE 28, 1999 A. PURGATORY CREEK ESTATES 2ND By Post Construction Company Brian Post, a resident of Eden Prairie and a developer,presented the proposed plan stating it conforms to surrounding developments. Steve Wagner, 9325 Wilderness Cove, stated concern presented in a written communication to the Planning Commission regarding small, fragmented development; and the debris and negative influence current construction by the Post brothers is having on the surrounding neighborhood. He asked the Planning Commission to enforce the city's construction regulations of the developers, PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 2 such as debris,noise, and appropriate on-site human sanitation facilities. Franzen indicated that all existing concerns referred to in the letter,have been corrected for the existing construction site operated by the Post brothers. Dwayne Dietrich,representing Taurus Properties have entered into an agreement to develop the property west of the Post property. Dietrich stated concern with the narrow road proposed in the Post proposal in that it will negatively impact future Taurus Property construction. He stated he spoke with staff about a revised plan for the road. He requested the City to ask the Post brothers to work with them to make each development more conducive for each other. He also requested additional screening on the road proposed by the Posts because the Taurus development will back up their road and not be used in the front of the their lots. Ed Quinton, 9248 Harstad Lane, owns property just to the east of the proposal. He stated concerns about the proposed lot sizes being smaller than surrounding developments. He also stated there is a considerable number of trees on this property and would like to see an agreement that the new homeowners enter into that does not allow them to wipe out all the trees on their lot. Blob Klaus, 12491 Sunnybrook Road, asked that this proposal stay consistent with the surrounding neighborhood and that all development say within the guidelines during construction. Lee Smith, 12500 Sunny Brook Road, living west of the proposal, stated concerns about maintaining the buffer and that the developers conform to the construction code guidelines. She stated that she has had as many as 17 dump trucks on one day on the Post's property right next door to her; along with cement block debris. She also indicated that the Posts run bobcats during off-hours and there have been no bathroom facilities provided on the site,which results in the construction crewmembers urinating next to their trucks,while she is out cutting her grass. Tom Roberts, 9212 Harstad Lane, living just to the east right behind Lot 5, stated concerns about the decks of the proposed new homes being proposed to be built right into the trees and new homeowners then wanting to remove too many trees. He also stated concerns with Post construction sites in the neighborhood leaving debris on the site. Jim Myers, 9216 Harstad Lane, stated concerns about the small lot sizes and also asked that the trees be protected. Chris Cox, 9280 Harstad Lane, stated concerns about the lot sizes being too small and the noise from last summer's Post construction in the area. PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 3 Commissioner Alexander stated concern about the previous state of the construction sites including vehicles being left behind and asked how the city allowed this to happen. Franzen indicated that he did not know specifically about the vehicles but will check on the status and report to the Commission at their next meeting. Lewis asked if the city has a planned procedure to take care of construction site complaints. Franzen stated that after hours,neighbors can call 9-1-1 and the police will respond to the complaint. During the hours 8-5,neighbors should call the city and they will send someone out to respond to the complaint. Flemming stated that Jean Johnson inspects construction sites when complaints are received,notifies the violator and gives them two weeks to respond to the request to comply. Franzen stated the Planning Commission can advise people in attendance at this meeting of the aforementioned procedure but the Planning Commission does not have jurisdiction over construction site complaints. He also stated the Planning Commission can ask staff for an update on all the violations and corrections related to any construction site. Commission Sandstad stated that no buffer is required between two R13 areas (regarding the road),because it's public boulevard. Franzen stated that the buffer is limited to an 11-foot wide area. He also suggested that there is still time for the property owners to work together but the city cannot force property owners to work together. Lewis stated that she hopes in the future that anyone affect by negative impacts of a construction site will follow the procedures outlined tonight and encouraged the Post brothers to work with the other developers in the area. MOTION: Alexander moved, seconded by Lewis close the public hearing. Motion carried 6-0. MOTION: To recommend to the City Council approval of the request of Post Construction for Rezoning from Rural to Rl — 13.5 on 3.08 acres, and Preliminary Plat on 3.08 acres into 7 lots, based on plans dated June 10, 1999, and subject to the recommendations of the Staff Report dated June 25, 1999. Motion carried 6-0. B. CROSSTOWN CIRCLE CENTRE—Remote Parking by Finn Daniels, Inc.. Kipp introduced Mike Gould, President of Silver Crest Properties, LLC. Brad Hoyt, Continental Property Group,proponent, stated that Best Buy needs more parking spaces. He stated for building code reasons they recently had to change the size and shape of the deck and 60 spaces were lost and that is why additional is needed offsite. He said this change,just happened and apologized to staff for not informing them of the recent change. Best Buy's vested interest in the area is extensive. He informed the Commission that he is looking at incorporating a PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 4 day care facility on the site as well. He stated that seven shuttle buses would run every seven minutes to shuttle employees from the parking facility to various office sites. Franzen stated that as long as parking for both sites does not exceed 5 spaces per 1000 square feet, then traffic is consistent with the transportation plan. Commissioner Alexander stated she supports the project but does not like to see the tree loss. Sandstad and Lewis also supports the project and strongly encourages the day care facility be built. MOTION: Clinton moved, seconded by Lewis to close the hearing. Motion carried 6-0. MOTION: Clinton moved, seconded by Lewis to recommend to the City Council approval of the request of Continental Property Group, for Planned Unit Development Concept Amendment on 12.42 acres, Planned Unit Development district Review with waivers on 2.5 acres,Zoning District change from C-HWY to Office, Site Plan Review on 2.5 acres, and Preliminary Plat of 2.5 acres into one lot,based on plans dated June 11, 1999, subject to a revised plan confirming total parking spaces at 5 per 1000 square feet. Motion carried 6-0. C. LAKE PLACE TOWNHOMES by S&H Realty Management Co., LLP. (continued from 6/14/99) Miles Lindberg, BRW, on the behalf of S&H Realty Management Co. reviewed the proposal for 15 townhouse units, 9 two-story with tuck under garages and six units with walkout and tuck under garages, including a stormwater pond. They have met with a limited number of the members of the Preserve Association as requested, and have tried to address their concerns in the revised plan. The Association's concerns were traffic, storm drainage quantity(stating this is a unique situation since it's a public street but a private storm sewer),plant material more native to this area and preservation of wildlife in the area. Carol Bonben, 9260 Tallis Circle,Association President, stated appreciation to the Planning Commission and developer to have the meeting. The number present was limited due to the short notice of the meeting. She stated some of the issues have been addressed but added the following recommendations: 1)make sure that small trees are not put in; 2) city staff needs to look at the drainage; 3)the parking issue can be resolved; and 4)the wildlife issue is resolved. She also stated that she hopes the Anderson Lakes project does not go through. Susan Dickman, 11210 Hyland,Manager of the Preserve, stated her appreciation to meet with the developer regarding this proposal. If this proposal did not go forth the Preserve would have bought the land if given the opportunity. The Association indicated that the Design Review Committee approved the proposed design. PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 5 Commission Sandstad encouraged all parties, adjacent to the property,to work with city staff regarding the drainage issue and resolve the problems, emphasizing that every effort should be made towards resolution. MOTION: Clinton moved, second by Alexander to close the public hearing. Motion carried 6- 0. MOTION: Clinton moved, seconded by Lewis to recommend to the City Council approval of the request of S&H Realty Management Co., LLP, for Planned Unit Development Concept Amendment on 2.26 acres to the overall Preserve PUD,Planned Unit Development District Review with waivers on 2.26 acres, Zoning District change from rural and RM-2.5 to R-6.5 on 2.26 acres, and Site Plan Review on 2.26 acres,based on plans dated May 21, 1999, and subject to the recommendations of the Staff Report dated June 11, 1999. Motion carried 6-0. D. MATTIS AUTO SERVICE by Matt Stroedel. Matt Stroedel,proponent, stated that he does towing and storage for the City of Eden Prairie and the City of Minnetonka. He currently has five storage facilities and continues to have problems finding sites to store vehicles. He stated impounded vehicles are held for 90 days. Many owners do not pick up their cars; and eventually even if the vehicle is junked, they are lucky to get$50 per vehicle. However, there is an ever-increasing need with less and less space for his business. Stroedel stated he has to relocate his main office since NSP has bought him out, currently located in Minnetonka. Due to the type of business he operates,his property requires many variances. He needs to have an office facility on site,which allows a close working proximity for the police and fire departments. Stroedel distributed a letter of support from the Eden Prairie police department, stating they would like to see his facility remain in the city. Franzen reviewed the staff recommendations Robert Hinck, Hinck Architects,representing Matt Stroedel, commented regarding the setback requirements and variances. Habicht asked about the setback from the creek. Stroedel showed the Commission a new material that can be used under the grass to allow drainage while still being able to park vehicles on top. Franzen explained that the bigger issue is the City has a responsibility to either eliminate or upgrade the non-conforming uses when the City has an opportunity to do so. Commissioner Alexander stated she does not have a problem with cars being parked as close as they are to the creek and believe Mr. Stroedel has a unique situation grandfathered as a long time business in the city. She stated as long as there are no existing problems with drainage, etc. she supports it. She does not believe screening is need for a railroad. PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 6 Commissioner Sandstad asked if soil-boring testing has been done on the site. Stroedel stated that some time ago Matt Barr Engineering did some surface testing, approximately 10-12 years ago. Sandstad stated that if there are no problems on the site,he has no problem leaving the property grandfathered. Sandstad asked Mr. Stroedel if he would be willing to have soil boring testing done for hazardous materials. Commissioner Habicht stated that he has a problem with promoting a non-conforming use and would like to see Stroedel and staff meet to see if further mitigation ideas could be determined. Stroedel indicated there is a safety issue with the office and he would be installing bulletproof glass to protect his employees. He expressed frustration with the inability to start up this type of business because nobody wants it. Stroedel indicated he needs to have the facility built by September so a delay would cause timing problems. Commissioner Lewis asked if environmental testing could be done during construction. Sandstad asked for testing for 3-4 contaminants. Franzen stated that the code would allow an 8,000 square foot building on the property and only one variance for shoreland structure setback. Stroedel stated he cannot afford to lose any parking spaces because of the required setbacks—in addition to this site,he is using two other locations just to store the City vehicles which consume 80 per cent of the entire number of vehicles. Commission Habicht stated he would withdraw his previous comments because he sees now that it's either this location or no location and would approve it. MOTION: Sandstad moved, seconded by Lewis to close the public hearing. Motion carried 6-0. MOTION: Sandstad moved, seconded by Lewis to recommend to the City Council approval of the request of Matt's Auto Service, for Zoning District Amendment in the I-General Zoning District on .96 acres, and Site Plan Review on .96 acres,based on plans dated June 11, 1999 and work with staff to agree to two shallow soil borings on the site to test for 3-4 materials such as battery acid, etc.prior to the issuance of the building permit. Motion carried 6-0. V. PLANNER'S REPORTS A. Lincoln Park TIF Plan MOTION: Sandstad moved, seconded by Clinton to recommend to the City Council that the use of Tax Increment Financing for the proposed Lincoln Parc Rental Apartment is consistent with the PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 7 goals of the City's Comprehensive Plan. Motion carried 6-0. VI. ADJOURNMENT MOTION: Alexander moved, seconded by Clinton to adjourn. Motion carried 6-0. ADJOURNMENT: 9:45 p.m.