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Planning Commission - 07/12/1999 APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY,DULY 12, 1999 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Beverly Alexander, Kenneth Clinton,Randy Foote, Bill Habicht, and Douglas Sandstad STAFF MEMBERS: Michael D. Franzen, City Planner; and Judith Kunz, City Recorder I. PLEDGE OF ALLEGIANCE -ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. Commissioner Lewis absent. H. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Sandstad to approve the Agenda as published. Motion carried 5-0. III. APPROVAL OF MINUTES Chair Foote requested a typo be corrected on the first page of the minutes. MOTION: Clinton moved, seconded by Alexander,to approve the Minutes of the June 28, 1999 Planning Commission as corrected. Motion carried 5-0 IV. PUBLIC HEARINGS FOR DULY 14, 1999 A. BLUFF COUNTRY VILLAGE EAST- COMMERICAL By Hustad Land Company. B. BLUFF COUNTRY VILLAGE WEST—COMMERCIAL By Hustad Land Company. C. BLUFF COUNTRY VILLAGE WEST-RESIDENTIAL By Hustad Land Company. Wally Hustad,Hustad Land Company introduced Brian Cluts, architect. Mr. Cluts of Cluts, O'Brien, Strother Architects,reviewed the changes to all three proposals,being considered as one project. Some highlights of the changes are: reduction in commercial density,reduction in total residential units,reduction in tree loss, increased buffer zone next to residential area, agreement to use 10-12 foot conifers as replacement trees,willingness to accomplish turn-around at Shadow Ponds Drive(will result in loss of a couple more trees); and other staff recommendations, all agreeable to Mr. Hustad. Jim Benshoof,traffic engineer,presented the changes to accommodate the traffic concerns at the intersection of Town Line Road and Pioneer Trail. The proposed change was developed at a meeting the afternoon of this meeting with City staff,proposing a 3/4 access. Handouts were distributed to the Planning Commission of the proposal. PLANNING COMMISSION MINUTES City of Eden Prairie July 12, 1999 Page 2 Franzen indicated staff is comfortable with the proposed changes of the plan. He also stated that a full size cul de sac is not needed according to the City's Fire Department,but adequate will be needed for snow storage. Franzen stated the proposed intersection change as a result of the meeting today is acceptable. He stated it is designed for safety and was reviewed by the City Engineer and approved because it will fork for future improvements of this area. Franzen stated staff recommends approval of all three projects with minor changes in the staff report as a result of the meeting this afternoon. Commissioner Sandstad asked about the importance of the ring road and the effect on tree loss. Franzen responded tree loss goes up to provide a safer intersection with the ring road. Mike Soen, 9812 Lee Drive, asked the Planning Commission to look at the gas station and determine if it could it be turned so the building will deflect the noise and lights of operation. He stated concern with drivers making a U-turn in the new proposed intersection to get to Walgreen's from the gas station. He also stated concern with the drainage ditch along 169 next to the proposed Park `n Ride because it appears the natural berm will be eliminated leaving no sound protection. Soen also expressed concern with the amount of commercial space, asking if the Park `n Ride adds to traffic and bus activity results in an additional 80,000 square feet of commercial space. He would like to see the Park `n Ride scaled back and an elevation plan be reviewed. Franzen stated that a determination should be made about who is responsible for sound problems should they evolve—MnDot,the City, etc. Bruce Webster, 9953 Balmoral Lane, stated concerns about increased noise levels with the loss of the berm. He asked if the sound wall could be extended,with more and larger trees to protect the neighborhood from the noise. He stated concern with the size of the gas station including the number of pumps and the car wash. He also pointed out that the new proposal appears to have increased the number of townhomes while eliminating the senior housing. Commissioner Clinton asked about the size of the gas station at 212 and Shady Oak. Franzen responded that station is the same size as the one being proposed. Joan Martin, 9936 Balmoral Lane, stated continued concerns about the impact of increased noise especially from 169 due to increased traffic generated by this development. She stated the gas station is too large for this area. She stated the development lacks imagination. She asked what commercial uses would go into this development. She asked for more trees in the berming/asphalt area. She asked if market studies have been done to determine the need for a Walgreen's or car wash. Jeanette Gunderson, 9922 Balmoral Lane, stated she lives north of the property. She stated concern about the grading because it appears that it goes right up to their property line which would eliminate many, large,mature trees. She stated she spoke to MnDot regarding the noise wall and was told that the city or the development could put in a noise wall and assume the cost. PLANNING COMMISSION MINUTES City of Eden Prairie July 12, 1999 Page 3 Kim Lindquist, 9933 Balmoral Lane, stated concern about the gas station this size would not just service the immediate neighborhood. She stated concern with what the"ring road"would displace. She stated the development lacks creativity and is disappointing that the development is so fragmented. She stated concerns about the grading to the north, emphasizing the need for replacement trees along 169, and the need for the southwest access to taper. She would like to see a continuance of this proposal because it doesn't meet the intent of the ordinance. Kevin Benjamin, 9949 Lee Drive, stated concern that this development still lacks creativity, the gas station is too large, and increased noise levels from traffic. He stated the noise issues are already impacting the property values. He would like to see more of the development moved across the road to the east. Sue Moen, 9812 Lee Drive, stated concerns about the noise levels because they are already at their maximum. She would like to see the noise studies be reviewed. Maureen Degnan, 9946 Balmoral Lane, stated concern future use of the pond area could be developed. She stated disappointment that the developer has not worked with the neighbors to ensure their property values are protected. Sherry Friend, 9974 Lee Drive, stated concern about the size of the development and that it should be built with consideration of the neighbors. Chair Foote asked the developer about the cost of the townhomes. Hustad responded that the cost of the townhomes has increased substantially since the beginning of the proposal because of all the significant changes required. Hustad also stated that they are attempting to preserve as many trees and the natural berm. Chair Foote asked who dictates the size of the Park `n Ride. Hustad responded that SW Metro Transit make that determination. Sandstad asked if any thought had been given to turning the gas station and reducing the number of pumps. Hustad responded that the number of pumps is up to the company; and by turning it, they would lose the immediate access of the direct parking in front of the station for convenience store patrons only. Sandstad asked about the north grade and tree loss; asking if they had explored installing a retaining wall and leaving more trees. Hustad responded that they can work more with the neighbors as long as the result is in the best interest of both parties. Alexander asked why it would make a difference to shift the gas station. Hustad and Klutz both responded that because of the shape of the site, the configuration works best as shown. She also asked how the pond would become a pond again. Hustad responded that the pond will reseal itself and will again then return to a water-holding pond. Alexander asked why the natural berm will be PLANNING COMMISSION MINUTES City of Eden Prairie July 12, 1999 Page 4 removed. Hustad responded that not all the berm will be removed, since the Park `n Ride building will be built into the berm. Franzen stated that the City has convenience store with parking in front or off to the side, at the discretion of the developer. He also stated that in terms of the wetland drainage area,the city will require the pond to be maintained as a wetland. Chair Foote asked if the city has any control over the size of the gas station. Franzen responded only when a change to the Guide Plan is requested. Sandstad stated appreciation to the audience for their input and behavior. He also stated that this developer should not be held responsible for the noise problem of 169. Habicht stated he lives on Pioneer Trail. He stated his support of the proposal since it is consistent with the Guide Plan and it works. Alexander stated her support of the project since the developer is working under the Guide Plan. She believes the gas station is too large and would like to see the large trees on the north side preserved. She encouraged the developer to work with the neighbors. Clinton recommends rotation of the gas station. Foote strongly encouraged the developer to work with the neighbors to the north. Alexander stated concern whether the townhomes would be affordable. MOTION: Sandstad moved, seconded by Alexander to close the public hearing. Motion carried 5-0. MOTION: Sandstad moved, seconded by Alexander to recommend to the City Council approval of the request of Hustad Land for Planned Unit Development Concept Review on 7.5 acres, Planned Unit Development District Review on 7.5 acres,Rezoning from Rural to Neighborhood Commercial on 7.5 acres, Site Plan Review on 7.5 acres and Preliminary Plat on 7.5 acres into two lots and one outlot,based on plans dated June 25, 1999 and subject to the recommendations of the Staff Report dated July 9, 1999; and any agreements reached at the meeting on July 12, 1999 with the Developer and City Staff. Motion carried 5-0. MOTION: Alexander moved, seconded by Sandstad to close the public hearing. Motion carried 5-0. MOTION: Alexander moved, seconded by Sandstad to recommend to the City Council approval of the request of Hustad Land for Planned Unit Development Concept Review on 3.9 acres, Planned Unit Development District Review on 3.9 acres, Site Plan Review on 3.9 acres and Preliminary Plat of 3.9 acres into two lots,based on plans dated June 25, 1999, and subject to the recommendations of the Staff Report dated July 9, 1999; and any agreements reached at the meeting on July 12, 1999 with the Developer and City Staff. Motion carried 5-0. PLANNING COMMISSION MINUTES City of Eden Prairie July 12, 1999 Page 5 MOTION: Habicht moved, seconded by Clinton to close the public hearing. Motion carried 5- 0. MOTION: Habicht moved, seconded by Clinton to recommend to the City Council approval of the request of Hustad Land for Planned Unit Development Concept Review on 17.97 acres, Planned Unit Development District Review on 17.97 acres,Rezoning from Rural to RM-6.5 on 14.97 acres Site Plan Review on 14.97 acres and Preliminary Plat of 17.97 acres into 21 lots and 3 outlots,based on plans dated June 25, 1999, and subject to the recommendations of the Staff Report dated July 9, 1999; and any agreements reached at the meeting on July 12, 1999 with the Developer and City Staff. Motion carried 5-0. D. SHADY OAK ESTATES By Bruce Nelson. Bruce Nelson,property owner, stated he has had his residence on this property for the past six and a half years. He explained the property is unique and challenging to develop because of the topography. The land preserves several natural habitats with two large wetland areas. It is his intent to build and stay living on the property. Ken Adolf, Schoell &Madson, Inc., consulting engineers for Mr. Nelson,reviewed the proposal. He stated the average lot size would be approximately 39,000 square feet. Franzen stated staff recommends approval according to the staff report. Pete Rue, 11546 Raspberry Hill, stated this is an attractive project, and shows good preservation of wetlands. He questioned how the tree loss figures were arrived at and whether the actual development could be built any different from what is proposed and approved. Franzen stated the proposal tonight, if recommended to be approved will then go on to the City Council. And, once approved by the City Council will have to be built as proposed unless the developer comes back to the City and goes through the entire process again to obtain changes. Scott Conlin, an Eden Prairie resident,handed out written comments to the Planning Commission. He stated he his pleased with the development but concerned about losing the back area of his property(outlot) to wetlands and concerns about the tree loss. He also asked if there is a height restriction on the homes to be built. Franzen stated the height restriction if 40 feet maximum. Alexander asked if all issues have not been finalized, should the Commission take action. Franzen stated the only unresolved issue is whether the city would consider raising the water level. The City has indicated they would only consider looking at this request, if a water study was done. The action tonight does not include raising the water level. PLANNING COMMISSION MINUTES City of Eden Prairie July 12, 1999 Page 6 MOTION: Alexander moved, Clinton seconded to close the public hearing. Motion carried 5-0. MOTION: Alexander moved, seconded by Clinton to recommend to the City Council approval of the request of Bruce Nelson for Planned Unit Development Concept Review on 14.64 acres, Planned Unit Development District Review on 14.64 acres,Rezoning from Rural to R1-13.5 on 14.64 acres and Preliminary Plat of 14.64 acres into 9 lots and 2 outlots,based on plans dated May 7, 1999, and subject to the recommendations of the Staff Report dated July 9, 1999. Motion carried 5-0. V. MEMBERS' REPORTS Commissioner Alexander stated extreme concern with the lack of traffic control at the intersection of Columbine Road and Anderson Lakes. VI. ADJOURNMENT MOTION: Alexander moved, seconded by Sandstad to adjourn. Motion carried 5-0. ADJOURNMENT: 9:20 p.m.