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Planning Commission - 08/25/1997 AGENDA EDEN PRAIRIE PLANNING COMMISSION �nday, August 25, 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 H. APPROVAL OF AGENDA III. MINUTES IV. PUBLIC HEARINGS A. THE PINES-JULY 1997 by Lunski Construction and Design. Request for PUD Concept Review on 5.81 acres, PUD District Review on 5.81 acres,Zoning District Change from Rural to R1-13.5 on 5.81 acres and Preliminary Plat on 5.81 acres into 14 single family lots and one outlot. Location: County Road 18 Frontage Road and Bluff Road. B. PRAIRIE LAKES CORPORATE CENTER PHASE 2 by United Properties. Request for Planned Unit Development Concept Review on 13.07 acres,Planned Unit Development District Review on 13.07 acres,Zoning District Amendment in the Office Zoning District on 13.07 acres and Site Plan Review on 13.07 acres. Location: Prairie Lakes Drive. C. GE CAPITAL/GE CAPITAL FLEET SERVICES by Northco. Request for Planned Unit Development Concept Review on 60.29 acres,Planned Unit Development District Review on 60.29 acres,Zoning District Amendment in the Office Zoning District on 60.29 acres,Site Plan Review on 60.29 acres and Preliminary Plat on 42.31 acres. Location: West 78th Street. D. WASHBURN MCREAVY FUNERAL CHAPEL by Washburn McReavy Funeral Chapel. Request for Planned Unit Development Concept Review on 7.51 acres,Planned Unit Development District Review on 7.51 acres,Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres, Site Plan Review on 7.51 acres and Preliminary Plat of 7.51 acres. Location: East on Mitchell Road, east of Martin Drive. V. PUBLIC MEETING VI. MEMBERS' REPORTS VH. CONTINUING BUSINESS • VIII. NEW BUSINESS IX. PLANNERS' REPORTS X. ADJOURNMENT APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 25, 1997 7:00 PM, 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, and Barbara Anderson, City Recorder MEMBERS ABSENT: Bill Habicht,Jessica Lind I. PLEDGE OF ALLEGIANCE-ROLL CALL Chair Clinton called the meeting to order at 7:00 p.m. H. APPROVAL OF AGENDA MOTION: Sandstad moved, seconded by Wissner, to approve the Agenda as published. Motion carried 6-0. III. APPROVAL OF MINUTES MOTION: Sandstad moved, seconded by Foote to approve the Minutes of August 11, 1997 as submitted. Motion carried 6-0. IV. PUBLIC HEARINGS A. THE PINES-JULY 1997 by Lunski Construction and Design. Request for PUD Concept Review on 5.81 acres,PUD District Review on 5.81 acres, Zoning District change from Rural to R 1-13.5 on 5.81 acres and Preliminary Plat on 5.81 acres into 14 single family lots and one outlot. Location: County Road 18 Frontage Road and Bluff Road. Franzen reviewed the history of the plan which was initially reviewed in April. Perry Ryan,Ryan Engineering and Dennis Lunski with Lunski Construction were present. Ryan reviewed the plan which will include fourteen single family homes and several large natural areas. They have reduced the tree loss to 3 1% and while they are . requesting some variances,they have asked for these to preserve the natural features on the site and maintain the buffered area around the development. Foote asked if the homes were 5' from the property line and Ryan responded they were all more than 5 feet. Foote asked what the distance between the housing PLANNING COMMISSION MINUTES August 25, 1997 Page 2 footprints was and Ryan responded they were about 20 feet apart. Ryan discussed the roadway layout and design and noted that they have straightened it out to avoid the difficulty with sight lines. Wissner asked about waiver#2 regarding lots not fronting on a public street because there is a Homeowners Association with this development. Franzen responded that although it was technically a private street it was a technicality which is specific to the way the ordinance is written and they have debated whether to change it or not. Staff is supporting this variance because it is not a through street. Sandstad discussed the grading plan which has building footprints shown on it and noted that there were places it appeared the garages were closer together than 25 feet. Franzen responded that the building footprints should reflect the actual building sites where the structures will be located. There are areas where the buildings are located 10 feet from the property lines between the units. Ryan noted that they have 5 feet and 7 feet between the units on lots 5 and 9. Ismail commented this plan has seven waivers and Franzen noted that because the plan initially proposed 25 lots and most of those lots had waivers this would be less than half the waivers which were initially requested. Franzen stated that staff recommended approval of the plan subject to the stipulations in the staff report. • The Public Hearing was opened. Marian Steefe,9700 Falcon's Way, asked about the conservation easements and the pond. Franzen explained that these easements are to protect this land in a natural state which prevents the land owners from altering this area of the site in any way. The pond is to be a water quality pond which will collect any pollutants and the cleaner water will go into the storm sewer. The City has an easement to allow them to do any maintenance work that may be needed on the pond. Steefe asked about a berm and if the property would be planted with trees to screen the site. Franzen responded that there was no berm but the ponding requirements would be done with some effort made to screen it from the roadway. Ryan reviewed the landscape plan and discussed the tree types which would be planted. Foote asked how it would affect the tree loss if they put more area between the houses. Ryan responded it would go up considerably and they could have spread the houses out more but it would have significantly increased the number of trees lost. By moving the houses closer together they would be able to save many more trees. Foote commented that tree preservation was very important and he was willing to support the variances for that reason but he was concerned about the houses being so close together. Sandstad asked how the conservation easement would be marked and Franzen responded that the City has some stakes which will be used to mark the boundaries of the conservation easement so people will know what it is. These are special stakes PLANNING COMMISSION MINUTES August 25, 1997 • Page 3 which denote the boundary is there. Sandstad stated he supported the development. Wissner commented this was a single family residential development which would . have a Homeowners Association, which is something people want to have, and she supported the project. Ismail inquired what the average asking price for a home would be in this development and Ryan responded it would be approximately $280,000. Alexander stated she liked the plan much better than the previous plan and she supported the project. Clinton commented he was also supportive of the project as proposed. MOTION:Wissner moved,seconded by Foote,to close the Public Hearing. Motion carried 6-0. The Public Hearing was closed. MOTION: Wissner moved, seconded by Foote to recommend approval of the request of Lunski Construction and Design for PUD Concept Review on 5.81 acres, PUD District Review on 5.81 acres,Zoning District change from Rural to R-1-13.5 on 5.81 acres and Preliminary Plat on 5.81 acres into 14 single family lots and one outlot based on plans dated August 15, 1997 and subject to the recommendations of the Staff Report dated August 22, 1997. Motion carried 6-0. B. PRAIRIE LAKES CORPORATE CENTER PHASE 2 by United Properties. • Request for Planned Unit Development Concept Review on 13.07 acres,Planned Unit Development District Review on 13.07 acres, Zoning District Amendment in the Office Zoning District on 13.07 acres and Site Plan Review on 13.07 acres. Location: Prairie Lakes Drive. Brian Carey with United Properties reviewed the proposal to construct a second office building on the site and renovate the existing building. They are willing to proceed with either a 72,000 square foot building or the 62,000 square foot building recommended by staff. The 72,000 square foot building is entirely reasonable because there is a fairly small impact on the site. The traffic levels have been substantially mitigated and the property is specifically zoned and guided for this use. If the City keeps this type of development closer to the freeways there will be less impact on City roadways and into the community itself. He reviewed the landscape plan and the building design. Greg Bennet from Small, Reynolds, Stuart and Stuart Architects, described the proposed building which is a three-story building which would use the existing curb cuts to gain access. They will use natural tree lines and topography to locate the building and connect the two buildings together. He discussed the landscaping which would be done to enhance the site and screen the parking from adjacent properties. He described the building materials which they propose to use and the way they intend to connect the two buildings together and reinforce the continuity on the site. Wissner asked if it would be possible to match the existing building and Bennett responded that it would be complimentary and they will try to match it as closely as possible,but since the original building is over twenty years old,it could be difficult PLANNING CONMUSSION 1VIINUTES August 25, 1997 • Page 4 to get an exact match in materials. Ismail asked about the connection between the two buildings and Bennett outlined the area where they would be connected on the first level. Clinton asked what a Class A building was and Carey responded that in the 1980's the Carlson Center set the trend for what they call the Class A Development which is usually an all glass exterior with some design elements and amenities which include underground,heated parking and an on-site food service. Franzen gave the staff report and stated that staff recommended that the building size be reduced based on recent experience with similar requests in the past. These include increased tree loss. The staff recommended approval of Alternative 2 which is the smaller building. Ismail asked what would happen if the building were reduced in size and Franzen responded that the amount of site drain age would be reduced and the amount of parking required would also be less. Ismail stated he was in favor of reducing the size of the building. Sandstad discussed the traffic which would be generated from the development and noted that the surrounding freeways would be able to handle it adequately. Carey stated the open space on the site remains very substantial and there would about 4,000 square feet of hard surface coverage which would be needed with the larger building which would not have a significant impact. The Public Hearing was opened. Tom Mingle, 10940 Kiawah Drive, asked what the current occupancy rate of the existing building was and what the sight lines for the new building would be. He could see that there was a need for more office space on the other side of the lake if the GE Capital office building was approved. Carey responded the occupancy rate has been good with very little vacancy. He inquired if they added larger trees to the landscape plan it might improve the sight lines from adjacent properties. Doug Waterman, 10698 Kiawah Drive,noted there was significant traffic on Prairie Center Drive and this needed to be taken into account when making decisions which would affect the traffic in this vicinity. Sandstad stated he was comfortable with the slightly larger building because the traffic was not an issue and the open space could be ameliorated by planting some slightly larger trees. Franzen commented that the three-story building would have a smaller building footprint and would leave more green space and the parking area would be smaller. Wissner concurred with Sandstad. Foote inquired if the 62,000 square foot building would have a larger footprint than the 72,000 square foot building. Carey • responded they need to have a building footprint which is functional and they would need to make the 62,000 square foot building a two-story building with a larger footprint. Foote stated he would prefer to see the three-story building because it would be more in keeping with what is already on the site. Alexander stated she felt the three-story building was more cohesive and fit into the design elements better than PLANNING COMMISSION MINUTES August 25, 1997 Page 5 the two-story building. Ismail stated he had preferred the smaller building but with what he has seen and heard regarding the impacts of the smaller building,he felt that the larger building was more in keeping with what is already there. Foote asked if there was room to do some significant planting and Franzen responded that adding more conifers to reduce the visual impact from the south and screen the building from the lake may be the best choice. Carey stated they did not have a specific number of trees in mind,but they were willing to work with staff to arrive at an appropriate number and size to provide the screening and improve the landscaping on the site. Franzen stated that staff would look at more recent office projects and if the landscape plan did not meet current ordinance requirements they would bring it up to those standards. MOTION: Sandstad moved, seconded by Wissner to close the Public Hearing. Motion carried 6-0. MOTION: Sandstad moved, seconded by Wissner to recommend approval of the request of United Properties for Planned Unit Development Concept Review on 13.07 acres,PUD District Review on 13.07 acres,and Site Plan Review on 13.07 acres with Alternative 1 with the promise of additional plantings as agreed to by staff,based on • plans dated August 22, 1997 and subject to the recommendations on the Staff Report dated August 22, 1997. Motion carried 6-0. C. GE CAPITAL/GE CAPITAL FLEET SERVICES by Northco. Request for Planned Unit Development Concept Review on 60.29 acres, Planned Unit Development District Review on 60.29 acres, Zoning District Amendment in the Office Zoning District on 60.29 acres, Site Plan Review on 60.29 acres and Preliminary Plat on 42.31 acres. Location: West 78th Street. Franzen reviewed the history of the site. Dennis Zylla with Northco reviewed the proposal and stated they were in agreement with the staff recommendation. However, he did question the requirement for the Park Dedication fee as he believed this was paid when GE dedicated 30% of their property along the lake. He requested clarification on this point. Ron Erickson,KKE Architects,reviewed the original plan that was approved in 1978 which had five buildings and a parking structure. Their intent is to create more of an office park consisting of separated buildings which will open up the site to the lake and they have put the parking under the buildings which will be more aesthetically pleasing. The access to the site will not change nor will the square footage or the uses but the layout will maximize the use of the area and be more pleasing and effective. He described the building materials that will be used. • Sandstad inquired about the cash park fee and Franzen responded that staff did not have time to find out what exactly transpired because this issue arose late in the day but the project will be forwarded to the Parks and Recreation Commission who will PLANNING COMMISSION MINUTES August 25, 1997 • Page 6 decide what the requirement will be and what exactly transpired in 1978 will be clarified. Sandstad commented he would prefer to have this issue resolved prior to taking action on the project. Franzen stated that 18 acres were set aside and were controlled by the Hennepin Parks Conservation District. Zylla stated that most of the 18 acres were east of the proposed building and if it was determined that they still owe the cash park fee then they will pay it but they would like to have approval of the request as they have a tenant with some time constraints and it is imperative they move the project forward. Foote asked if Zylla was in agreement with the staff recommendation regarding modification of the landscape plan. Zylla responded they would be willing to do what they need to do to get the project completed. Franzen reviewed the staff report and outlined four reasons why the proposed plan is better than what presently exists on the site. Staff recommended approval of the request with the stipulations included in the staff report, and noted that staff will research this issue of the park dedication fee further to resolve it prior to City Council review. The Public Hearing was opened. Doug Waterman, 10698 Kiawah Drive, asked if West 78th Street would be able to handle the traffic and if there would be more light from the parking lot. Franzen responded that the property will need to have the same lighting levels as exist now, but it will be spread out more. They will be adding more traffic signals which will help with the traffic management and there is an upgrade of West 78th Street planned which will help with the traffic also. Wissner asked if they had tenants lined up for both buildings and Zylla responded that they have a tenant for Building A and there are a few possibilities for tenants in Building B but they won't begin construction until they have a firm lease. They will build the first phase of the development and the parking needed for that portion of the development. Ismail stated it was a very nice project, and inquired if a more recent soils report had been obtained as the one in the packet was 20 years old, and this information could be significant. Zylla responded they have since conducted more soil tests and compaction tests and there are some soil issues that they will have to address. They will supply the latest information to Staff. Wissner stated the project was a big improvement from the previous plan. She was concerned about the cash park fee issue and that the traffic issues were being • addressed. She supported the project and liked the way it was being constructed in phases. Foote commented he supported the project and it was a good improvement. Alexander stated it was a good plan and while she was concerned about the cash park fee issue she supported the proposal. Clinton commented it was an improvement over the previous plan. He requested staff be sure about the wording regarding the cash PLANNING COMMISSION MINUTES August 25, 1997 Page 7 park fee issue and to make sure the soil information was adequate. Franzen stated the buildings were sited on the plans based on the original soil report. Staff requires soil information if there is going to be a public road constructed and the Building Department required soils information when building permits are issued to ensure that the structures can be supported. Discussion ensued regarding the cash park fee and what the funds are used for and why they are required. Franzen noted that this issue will be resolved prior to City Council review, and the amount of the cash park fee required changes from year to year which is why staff does not specify an amount. MOTION: Foote moved, seconded by Ismail,to close the Public Hearing. Motion carried 6-0. MOTION: Foote moved, seconded by Ismail, to recommend to the City Council approval of the request by Northco for Planned Unit Development Concept Review on 60.29 acres,Planned Unit Development District Review on 60.29 acres, Zoning District Amendment in the Office Zoning District on 60.29 acres, Site Plan Review on 60.29 acres and Preliminary Plat on 42.31 acres based on plans dated August 22, 1997 and subject to the recommendations of the Staff Report dated August 22, 1997. • Motion carried 6-0. D. WASHBURN MCREAW FUNERAL CHAPEL by Washburn McReavy Funeral Chapel. Request for Planned Unit Development Concept Review on 7.51 acres, Planned Unit Development district Review on 7.51 acres,Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres, Site Plan Review on 7.51 acres and Preliminary Plat of 7.51 acres. Location: East on Mitchell Road, east of Martin Drive. Franzen reviewed the history of the development in the area and the various uses that were proposed which did not develop except for the restaurants. He noted that the site was guided and zoned for the proposed use. Mark Folk, architect, described the architectural features that will be used on the building and noted that they have met with staff to develop the plans according to City ordinances and Code requirements. Sandstad asked about the cremation room shown on the plans and Folk responded that it was a room in which people could keep the cremains of their loved ones,but was not a crematorium. Bill McReavy explained that they own their own crematorium in Hopkins which will also serve this facility. Wissner commented that there are presently two funeral homes in Eden Prairie and she was concerned about • where additional business would come from to support a third funeral home. McReavy stated that his family has been in this business for 140 years and they offer a complete range of services. They are concerned about the need for their facility also and have done a great deal of demographic research in Eden Prairie to determine that PLANNING COMMISSION MINUTES August 25, 1997 Page 8 the project is moving towards something like Edina with about 400 resident deaths within the next 15 years or so. They want to be well established in Eden Prairie prior to reaching this period. Wissner inquired what they would provide that other funeral homes did not and McReavy responded that they own their own crematorium which enables them to be most competitive in this area and they would offer a choice of facilities to the Eden Prairie residents. Foote inquired why they wanted to build now if the need was not going to materialize for another 15-20 years. McReavy responded they have been serving Eden Prairie residents in their Hopkins facility and other facilities and many Eden Prairie families have gone to other funeral homes because they are closer. They want to give families in Eden Prairie a choice. Ismail asked what the death rate in Eden Prairie was now and what it was projected to be in 15 years. McReavy responded that this information is always a few years behind and the demographic research is something that is fairly accurate. Based on current information there would be about 5 to 6 deaths per 1,000 people in Eden Prairie at the present time, and this is projected to increase over the next 15 years. They have been extremely successful in Edina and have been advised by their researcher that Eden Prairie is the place they should locate next. Alexander inquired how many deaths there were in Eden Prairie in a year and McReavy responded there were about 150 deaths per year presently. Alexander stated there • were two funeral homes in Eden Prairie now and Hopkins and Edina were not so far away. She did not want to put an existing funeral home out of business by permitting another funeral home to come into the City. McReavy stated they would also be serving Minnetonka,Bloomington,Hopkins,and other communities and they want to be well established by the time the need is there. Wissner stated there were many people who held wakes and funerals in their churches and she wondered if this was a trend that would continue. McReavy responded that every funeral must be handled by a licensed funeral home and where the wakes and funerals are held is based on the wishes of the families. Franzen gave the staff report and noted the project met the requirements of the Zoning Ordinance and is a permitted use on this site. Staff recommended approval of the project. Foote inquired if there were any traffic issues with the plan and Franzen responded negatively, rioting that because this building is not maximizing the site there is adequate parking available,and this is not the type of business which will impact any rush hour traffic periods. Ismail asked about Albin Chapel and when it would be open for business, and Franzen responded they just obtained their building permit. The Public Hearing was opened. • Paul Huber, owner of Huber Funeral Home on Glory Lane, stated they built Huber Funeral Home in Eden Prairie for the future and they object to this proposal. The death rate in Eden Prairie ranges between 90-100 deaths a year and they need to have about 70 calls to break even. They are very surprised this time that a third funeral PLANNING COMMISSION MINUTES August 25, 1997 Page 9 home wants to come in to Eden Prairie. He stated he was approached by Bill McReavy regarding selling his funeral home to him and when he refused, McReavy told him that they would be building a new funeral home in Eden Prairie in the near future. McReavy stated he had called Mr. Huber as a professional courtesy but he had not made any threats to Mr. Huber regarding the sale of his business. He wanted to let him know that they would be coming into the City but was not pressuring him to sell his business. Competition is healthy for business and they will be in competition with Mr. Huber with this new facility. Sandstad stated he did not share a concern about limiting the numbers of businesses in the City and as it was a permitted use and a nice project he supported the proposal. Its not the function of government to limit the numbers of a specific type of business within the community and he believed the proposal should be evaluated on its merits. Wissner commented that there were more funeral homes than were needed,but it was an appropriate use for this site and she would support the project. Foote stated it bothered him that they will probably see one of these funeral homes empty in a few years because of the example of the Lunds grocery store, and he did not support the proposal because he felt it was poor planning to permit this use. Ismail concurred, noting the City did not need a third funeral home at this time,but perhaps it would be more appropriate in five years or more. Sandstad stated the Commission had not held the other uses to the same criteria as they were attempting to do with this project, and it was unfair to make this project meet a stricter criteria than others which had been reviewed. All the review criteria for all projects should be the same. Foote responded noting he did not feel using an office building as an analogy was fair because they were somewhat speculative in nature. He did not support office buildings which were purely speculative buildings. Clinton stated they have to approve the use based on what the ordinance requirements and guiding are for the site. He asked what alternative uses an existing funeral home could be turned into and Franzen responded that the Huber and Albin funeral homes could revert to office uses if they ceased to be used as funeral homes. He discussed the zoning and permitted uses,noting they need to take action based on this aspect. Ismail asked how far this issue could be addressed or if they have to approve a plan based on its compliance with City codes or if they can take other factors into account. Franzen responded they can continue it to have a legal opinion submitted by the City Attorney. • Foote commented he felt he had to abstain from the vote because he cannot support the project and his conscience will not allow him to vote for denial. He said because of the building's uniqueness, it would be difficult to be used for any other purpose. Alexander concurred with Foote and noted the City does not need to have more businesses going bankrupt and she would also abstain from the vote. PLANNING COMMISSION MINUTES August 25, 1997 Page 10 Wissner stated she felt that legally there is nothing that can be addressed,but would support the project in order to move it through the process. Ismail stated he would also abstain from voting. Sandstad asked the Commissioners not to abstain from voting because it was arbitrary or not defined within the parameters of the ordinances or codes. Discussion ensued regarding the legality of the application versus being able to weigh the good of a use for the City as a whole. Foote asked if the City Council had more discretion in making a decision and Franzen responded that the City Council was bound by the same rules and regulations and would have to review the project based on whether it met the criteria or not. MOTION: Sandstad moved, seconded by Wissner, to close the Public Hearing. Motion carried 3-0-3. Foote,Alexander and Ismail abstained. MOTION: Sandstad moved,seconded by Wissner to recommend to the City Council approval of the request of Washburn McReavy Funeral Chapel for Planned Unit Development Concept Review on 7.51 acres, Planned Unit Development district Review on 7.51 acres,Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres, Site Plan Review on 7.51 acres and Preliminary Plat of 7.51 acres based on plans dated August 22, 1997 and subject to the recommendations • of the Staff Report dated August 22, 1997. Motion carried 3-0-3. Foote, Alexander and Ismail abstained. V. PUBLIC MEETING VI. MEMBER'S REPORTS Sandstad asked how the group photograph turned out and Franzen responded he had not seen it. Sandstad asked him to let them know. Sandstad noted he would not be able to attend the 9/22/97 Planning Commission Meeting. Clinton noted he would be absent from the 9/08/97 Planning Commission meeting. VII. CONTINUING BUSINESS VIII. NEW BUSINESS IX. PLANNERS' REPORTS Franzen stated that Scott Kipp will be at the 9/8/97 Planning Commission meeting as he will be gone. Best Buy and a Single Family residential project on the south side of Sunnybrook Road with no variances will be on the agenda for that meeting. • X. ADJOURNMENT MOTION:Foote moved,seconded by Ismail,to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 10:03 p.m.