Planning Commission - 05/12/1997 AGENDA
EDEN PRAIRIE PLANNING COMMISSION
Monday, May 12, 1997 7:00 p.m.
COMMISSION MEMBERS: Beverly Alexander, Kenneth E. Clinton,Randy Foote, Bill Habicht,
Ismail Ismail,Douglas Sandstad, Mary Jane Wissner
STUDENT REPRESENTATIVE: Jessica Lind
STAFF MEMBERS: Michael Franzen, City Planner
Scott A. Kipp, Senior Planner
I. PLEDGE OF ALLEGIANCE--ROLL CALL
II. APPROVAL OF AGENDA
III. MINUTES
IV. PUBLIC HEARINGS
A. THE PINES by Lunski Construction&Design. Request for Guide Plan Change from Low Density
Residential to Medium Density Residential on 5.8 acres, PUD Concept Review on 5.8 acres, PUD
District Review and rezoning from Rural to R1-9.5 with waivers on 5.8 acres, and Preliminary Plat
of 5.8 acres into 25 lots. Location: Southwest corner of Bluff Road and County Road 18 frontage
road.
B. EQUITABLE OFFICE BUILDING by Edenvale Partners LLC . Request for PUD Concept
Review on 7.95 acres, PUD District Review on 7.95 acres,Zoning District Change from Rural to
Office on 7.95 acres, and Preliminary Plat of 7.95 acres into one lot. Location: Equitable Drive.
C. LAKE CORPORATE CENTER by Moen Leuer Construction. Request for PUD Concept Review
on 8.64 acres, PUD District Review on 8.64 acres, Zoning District Amendment in the I-2 Park
District on 8.64 acres and Site Plan Review on 8.64 acres. Location: Wallace Road.
V. PUBLIC MEETING
VI. MEMBERS' REPORTS
VII. CONTINUING BUSINESS
a. Election of Officers
VIII. NEW BUSINESS
IX. PLANNERS' REPORTS
0 a. Changes to Telecommunications Ordinance
X. ADJOURNMENT
APPROVED MINUTES
CITY OF EDEN PRAIRIE PLANNING COMMISSION
MONDAY,MAY 12, 1997 7:00 P.M. CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Beverly Alexander, Kenneth E. Clinton,
Randy Foote, Bill Habicht, Ismail Ismail,
Douglas Sandstad,Mary Jane Wissner
STUDENT REPRESENTATIVE: Jessica Lind
STAFF LIAISON: Mike Franzen,City Planner; Elinda Bahley
Recording Secretary
MEMBERS ABSENT: None
I. PLEDGE OF ALLEGIANCE-ROLL CALL
• Chair Clinton called the meeting to order at 7:00 p.m.
II. APPROVAL OF AGENDA
MOTION: Habicht moved, seconded by Alexander, to approve the agenda as
published. Motion carried 7-0.
III. MINUTES
MOTION: Sandstad moved, seconded by Wissner,to approve the minutes of the
March 10, 1997 Eden Prairie Planning Commission meeting as published. Motion
carried 5-0-2 with two abstentions by Foote and Habicht.
MOTION: Foote moved, seconded by Habicht,to approve the minutes of the March
24, 1997 Eden Prairie Planning Commission meeting as published. Motion carried
5-0-2 with two abstentions by Ismail and Sandstad.
MOTION: Sandstad moved, seconded by Ismail,to approve the minutes of the April
28, 1997 Eden Prairie Planning Commission meeting as published. Motion carried
6-0-1 with one abstention by Clinton.
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May 12, 1997
IV. PUBLIC HEARINGS
A. THE PINES by Lunski Construction & Design. Request for Guide Plan Change
from Low Density Residential to Medium Density Residential on 5.8 acres, PUD
Concept Review on 5.8 acres,PUD District Review and rezoning from Rural to Rl-
9.5 with waivers on 5.8 acres, and Preliminary Plat of 5.8 acres into 25 lots.
Location: Southwest corner of Bluff Road and County 18 frontage road.
Perry Ryan, Ryan Engineering, reviewed the revised concept plan. The project
incorporates a 4.4 acre parcel located to the south for a total site area of 10.41 acres
at an overall density of 2.5 units per acre. The density of the original project area has
been reduced from 4.3 to 3.1 units per acre. The five lots that fronted on Bluff Road
have been removed to preserve the existing evergreens as a buffer. Eight new single-
family lots have been proposed along existing Brookview Circle which will be served
by sewer and water. The estimated tree loss is about 13 percent.
Alexander was concerned about the tree loss. Franzen explained the tree loss may be
lower on the upper portion because of the outlot adjacent to Bluff Road and the high
quantity of pine trees located there. Staff believes the tree loss to be higher on the
• custom lots to the south. If the tree loss on the total project area is 30 percent or
higher, staff would come back with plan changes.
Franzen reviewed the staff report and explained the four reasons why they believe the
project is better. Staff supported the general direction of the plan and noted the
public hearing on the original project should be closed and direct the developer to
make a new application submittal based on the new concept plan. The application
would be made for both parcels.
Wissner commented she was pleased to see all the Commission's issues addressed.
This is a much better plan and she supported closing the public hearing and asking the
developer to come back with a new project.
Sandstad said he supported the project on the basis it accomplished what the
Commission encouraged them to. He supported the concept plan.
Foote supported the concept plan and was happy to see the evergreens being saved
and clustering the development in the center.
Ismail asked about the meeting with the Smith family. Franzen explained once the
Smiths were contacted and told sewer and water could be extended through the
property down to Brookview Circle they signed the application. They said they want
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May 12, 1997
to go forward with the project for the lots that are shown on the plan.
MOTION 1: Sandstad moved, seconded by Foote,to close the public hearing and
direct the developer to submit a new application based on the new concept plan.
Motion carried 7-0.
B. EQUITABLE OFFICE BUILDING by Edenvale Partners LLC. Request for PUD
Concept Review on 7.95 Acres,PUD District Review on 7.95 acres,Zoning District
Change from Rural to Office on 7.95 acres, Site Plan Review on 7.95 acres, and
Preliminary Plat of 7.95 acres into one lot. Location: Equitable Drive.
Tom Ryan, Ryan Construction, reviewed the development proposal with the
Commission.
Ismail asked if there will be one or more companies in the office building. Ryan said
-"it will primarily be six tenant spaces in the building. Three of the owners are currently
Eden Prairie business people and some of them are being displaced by the Westwood
Professional building which is being taken down to accommodate reconstruction of
Highway 5.
Wissner was concerned if the timing would be right. They're going to submit a letter
to the City Council asking them to grant a grading and foundation permit because
these people have to be out of the Westwood building by October 31.
Staff recommended approval according to the recommendations on page 3 and 4 of
the staff report.
The public hearing was opened.
Foote asked if the gravel path is going to be paved. Franzen said the path that's along
the creek is the City's responsibility. It was meant to be kind of a semi-hard surface
trail because it was near the creek.
Wissner asked how many more building sites are left. Franzen replied there's only two
sites that are left,basically the sites directly to the east.
Sandstad was concerned about an easement for the pedestrian path through the
property because he didn't see one. Franzen said the City has standard trail
easements, and if there isn't one, staff would attach a legal description describing
where that trail is. The developer would sign that and the City Forester would file
that with Hennepin County. If it is on private property,the City would then have a
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• May 12, 1997
right to use and maintain that for residents or people that work in Eden Prairie.
Foote was concerned about the recommendation from the Parks Commission that this
project should be approved with the stipulation that additional landscape material be
planted adjacent to the NURP pond. He asked if that has been incorporated into the
plan. Franzen said that was a condition of the approval from the Parks Commission.
The plan will be revised before going to Council.
MOTION 1: Foote moved, seconded by Wissner, to close the public hearing.
Motion carried 7-0.
MOTION 2: Foote moved, seconded by Wissner,to recommend to the City Council
approval of the request of Edenvale Partners LLC for PUD Concept Review on 7.95
acres, PUD District Review on 7.95 acres, Zoning District Change from Rural to
Office on 7.95 acres, Site Plan Review on 7.95 acres, and Preliminary Plat of 7.95
acres into one lot based on plans dated May 9, 1997 and subject to the
recommendations of the Staff Report dated May 9, 1997. Motion carried 7-0.
C. LAKE CORPORATE CENTER by Moen Leuer Construction. Request for PUD
Concept Review on 8.64 acres,PUD District Review on 8.64 acres,Zoning District
Amendment in the I-2 Park District on 8.64 acres and Site Plan Review on 8.64 acres.
Location: Wallace Road.
Debbie Broadsho, of Broadsho Consulting, reviewed the development proposal
including the site plan and landscaping plan. She also presented representations of the
characteristics of the property. The building materials will be of high quality precast
decorative brick combination and glass. There was a neighborhood meeting several
weeks ago and there was a concern from Woody Franklin with the School District.
He indicated some concerns with the screening on one side of the property. The
landscape plan would address his concerns and they are in agreement to doing
whatever landscaping is necessary.
Sandstad was concerned about the retaining wall protection of the oak trees along
northeast rear property line. Debbie Broadsho said the oaks are very susceptible to
any kind of grading around them. She explained what steps will be done to insure
their preservation and noted by cutting the roots they will be saving as many trees as
possible. She said by cutting the roots and putting in the retaining wall there is about
a 75 to 80 percent success rate. Sandstad asked if the City Forester agrees with this
concept as being reasonable. Franzen said Stu Fox does agree with this.
The public hearing was opened.
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May 12, 1997
Mark Kantor, 15504 Canyon Ridge, commented he was not at the neighborhood
meeting and asked what will be considered the front. Broadsho explained the building
will have three sides and indicated the front and the loading area. Kantor was
concerned about the tree replacement on the southeast side. Broadsho said the
landscaping going up in that area is all of the required sizes ranging from two and a
half to four and a half caliber inch trees. They will be deciduous which will have
spring colors and fall colors. She indicated on the map the existing wooded area and
noted that would be saved, and because of the retaining wall the large oaks will be
saved. The retaining wall is about 15 percent above the average minimum retaining
wall.
Kantor asked what the hours of operation will be. Brad Moen, owner, said it would
be typical business hours, 8:00 a.m.to 6:00 p.m., and Saturday and Sunday vacant.
Woody Franklin,representing Eden Prairie School, commented the presentation looks
good and it looks like it will work and meet their requirements.
Foote asked if the property would be buildable if the waivers were eliminated.
Broadsho said there would not be very much land for the building to comply with the
setback and would not be a buildable site.
Ismail was concerned about a statement issued by Minnesota Pollution Control about
the pollution from the ITT building. Moen said it was a small amount on that site and
it is moving away from their site. It's been tested and the site is clean.
Ismail expressed concern about the amount of waivers and asked if they could
eliminate, for example, two of them. Broadsho said it would depend on which two.
She explained why it would not work eliminating any of the setback waivers.
Sandstad was concerned about a surplus of parking and the loss of trees, and asked
what they think their need for parking is. Moen replied the guideline the City set is
pretty close to their need.
Sandstad commented on the back side of the property there is threat to the oak roots
with parking. If they can get by with 30 or more less spaces it would take all the
pressure away from those oaks. He asked if proof of parking could be a possibility
or would there be problems.
Sandstad asked if the City Forester has verified that none of those trees have been
determined special or unique. Franzen said he looked at it but he has not determined
any of them would follow within those guidelines. Moen said there are two large
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May 12, 1997
trees kind of midway more to the south end of the building and they could swing the
curb out a little bit to make sure they stay out of the roots of the two that are of the
size that could be endangered. He will have Debbie study those and see what they can
figure out.
Franzen commented as part of the original proposal they had some parking within the
50 foot setback by the cul-de-sac of Wallace Road. He suggested putting some
parking within that setback area as a reason to save the trees. A waiver would be
needed for two or three stalls. Moen noted they are willing to do that.
Habicht said his biggest concern was about the School District and was glad the
representative was here to eliminate his concern. He understood why the waivers are
needed and noted the developer did a nice job of minimizing any negative impact to
the south and to the east where most of the viewing is going to be. He supported
Doug's recommendation and would prefer eliminating two or four parking spots than
parallel parking. It's a good use for the site and he was comfortable with the plan.
Foote was concerned about the amount of waivers but realized it would be an
unbuildable site without them. He also supported Doug's recommendation because
he was concerned about the tree loss.
Wissner said the plan is good and has no traffic impact because Wallace Road is a
dead end. She liked the landscaping concept of keeping it natural looking.
Sandstad supported the project.
Alexander was comfortable with the plans and noted she was concerned about the
tree loss.
Ismail supported the project.
MOTION 1: Habicht moved, seconded by Wissner, to close the public hearing.
Motion carried 7-0.
MOTION 2: Habicht moved, seconded by Wissner, to recommend to the City
Council approval of the request of Moen Leuer Construction for PUD Concept
Review on 8.64 acres, PUD District Review on 8.64 acres, Zoning District
Amendment in the I-2 Park District on 8.64 acres and Site Plan Review on 8.64 acres
based on plans dated May 2, 1997 and subject to the recommendations of the Staff
Report dated May 9, 1991 and to include Doug Sandstad's amendment as to the trees
on the northeast side. Motion carried 7-0.
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V. PUBLIC MEETING
None.
VI. MEMBERS' REPORTS
None.
VII. CONTINUING BUSINESS
a. Election of Officers
MOTION: Alexander nominated Ken Clinton as Chair. Foote seconded the
nomination. Alexander moved, seconded by Foote,that the nomination be closed.
Motion carried 7-0.
MOTION: Habicht nominated Randy Foote as Vice Chair. Alexander seconded the
nomination. Alexander moved, seconded by Habicht,that the nomination be closed.
Motion carried 7-0.
MOTION: Alexander nominated Mary Jane Wissner as Secretary. Foote seconded
the nomination. Alexander moved, seconded by Foote,that the nomination be closed.
Motion carried 7-0.
VIII. NEW BUSINESS
None.
IX. PLANNER'S REPORT
A. Changes to Telecommunications Ordinance
Franzen explained the memo from Jean Johnson which talks about the changes
to the Telecommunications Ordinance as indicated by the City Council. The
City's attorney has advised that the Planning Commission does not have to
review or comment on the changes; however, if there are comments, they
would be forwarded to the City Council. The main change is that site plan
review is required when the tower is over 80 feet tall.
Ismail was concerned that approval of the City Council requires a two-thirds
vote of members instead of the majority. He was also concerned about
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Subdivision 11, item 3, that the location requested shall be made by the
developer and not the City itself. Franzen said the City is going to maintain
a map where the towers are in town.
Foote was concerned about why the 80 foot in height before it reaches the
Planning Commission and City Council review. He asked if the developer
would be compelled to come in at 79.5 feet. Franzen said the 80 feet decision
by the City Council was done after looking at the heights of utility poles,
street light poles, and mature trees. Eighty feet was a comfortable level for
them.
Habicht commented this gives a little better balance but it's a tough issue. The
Communications Act requires and promotes that the government have an
ordinance. Eden Prairie has done a good job giving a lot of attention to it.
It seems to have worked with the people in the industry. There are some
good trade-offs in the resolution. People will see more towers.
Foote commented it's going to be very difficult to enforce 4:1 as much as he
applauds the efforts to have a setback distance like that. He doesn't know if
• it's going to be possible but it's a good place to start.
B. Land Development Strategies for Land Outside of the MUSA Line
Franzen commented the good news is the Met Council has accepted the City's
application for the Musa Line Amendment and Transportation Plan. They put
it into their process for review by the Development Committee on May 21,
and the Met Council for the first meeting in June.
Franzen reviewed the agenda for the May 27 meeting which he noted was on
Tuesday instead of Monday.
X. ADJOURNMENT
MOTION: Foote moved, seconded by Ismail, to adjourn the meeting. Motion
carried 7-0. The meeting adjourned at 8:35 p.m.
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