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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. • Eden Prairie Planning Commission 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 • 2 Eden Prairie Planning Commission 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 3 Eden Prairie Planning Commission • 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. . 4 Eden Prairie Planning Commission 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 5 Eden Prairie Planning Commission 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. • 6 Eden Prairie Planning Commission May 12, 1997 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 • 7 Eden Prairie Planning Commission May 12, 1997 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. 8