Planning Commission - 09/22/1997 AGENDA
EDEN PRAIRIE PLANNING COMMISSION
,onday, September 22, 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 MEMBER: Scott A. Kipp, Senior Planner
I. PLEDGE OF ALLEGIANCE--ROLL CALL
II. APPROVAL OF AGENDA
III. MINUTES
IV. CONTINUED PUBLIC HEARINGS
A. BEST BUY CAMPUS CONCEPT PLAN - 1997 by Best Buy. Request for PUD Concept
Amendment on 47.45 acres. Location: 7575 Flying Cloud Drive.
B. VILLAS AT PURGATORY CREEK by Hartford Capital. Request for Rezoning from Rural to
R1-13.5 on 9.8 acres and Preliminary Plat of 9.8 acres into 15 lots. Location: Sunnybrook Road.
V. PUBLIC MEETING
VI. MEMBERS' REPORTS
VII. CONTINUING BUSINESS
VIII. NEW BUSINESS
IX. PLANNERS' REPORTS
X. ADJOURNMENT
APPROVED MINUTES
CITY OF EDEN PRAIRIE PLANNING COMMISSION
MONDAY, SEPTEMBER 22, 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: Scott Kipp,Senior Planner; Elinda Bahley,
Recording Secretary
MEMBERS ABSENT: Douglas Sandstad,Jessica Lind
I. PLEDGE OF ALLEGIANCE-ROLL CALL
Chair Clinton called the meeting to order at 7:00 p.m.
II. APPROVAL OF AGENDA
MOTION: Foote moved,seconded by Habicht,to approve the agenda as published.
Motion carried 6-0.
III. APPROVAL OF MINUTES
Wissner made a correction under Approval of Minutes. The third sentence should
read...Wissner stated she felt legally there is nothing that can be addressed but would
support the project in order to move it through the process.
Foote made a correction under Approval of Minutes. The sixth sentence should
read... Foote said page 9, seventh paragraph, a second sentence should be added to
read... He said because of the building's uniqueness,it would be difficult to be used
for any other purpose.
MOTION: Wissner moved, seconded by Foote, to approve the minutes of the
September 8, 1997 Eden Prairie Planning Commission meeting as amended. Motion
carried 5-0-1 with one abstention by Clinton.
Planning Commission Minutes
September 22, 1997
IV. CONTINUED PUBLIC HEARINGS
A. BEST BUY CAMPUS CONCEPT PLAN- 1997 by Best Buy. Request for PUD
Concept Amendment on 47.45 acres. Location: 7575 Flying Cloud Drive.
Kipp explained at the last meeting Best Buy was prepared to present a plan that
reduced wetland alteration down to 2.66 acres. Discussion did take place on that but
because of a failure on the part of the delivering of the packet,the Commission could
not take action and felt they needed a continuance so the project could be further
reviewed. At that time, staff recommended additional wetland reduction to take
place. Since that meeting,Best Buy has revised the plans again.
Dave Clark,architect,reviewed the changes made to the concept plan and the wetland
mitigation plan. The wetland alteration has been reduced down to 1.4 acres. A
secondary roadway was proposed to handle the truck traffic and to keep it away from
the parking lot area as not to interfere with pedestrians walking. This roadway will
also enable the neighbors adjoining the site a simple route with no conflicts. A
wetlands and landscape consultant has been consulted to enhance the plantings in the
• wetland areas and encroachment areas. They are cooperating with City staff to revise
the landscape plan to put in things that are more suitable to the natural wetland
environment. Best Buy has met with Southwest Metro Transit to create a traffic
management plan and a traffic coordinator has been appointed to work with
Southwest Metro to work on that plan.
Debra Brodsho of Brodsho Consulting, wetlands consultant, reviewed the plan
created to enhance the natural plantings in the wetlands area. There will also be a
teaching environment created around the remaining wetlands. This effort will include
trails and educational kiosks around the wetlands, and reinforcement, through
plantings, of the various wetland zones that exist around the site. There are a lot of
future opportunities available there such as a gazebo or a deck.
Clark said they are still mitigating at 4:1 ratio as opposed to 2:1 and have been
approved by DNR and the Corp. of Engineers. Best Buy feels the green space and
the ballfields are important to the company in that location. They would downsize the
future building size on the site first and keep that area open.
Ismail was concerned about the off site mitigation in Winthrop. Clark said Winthrop
was about 70 miles west and explained why it was not feasible doing it on site. If they
attempt to do on site mitigation in an area that doesn't have sufficient water flow
through it, it will not have sufficient growth. The wetland provided in Winthrop has
to be inspected and approved by the government agencies for the next three years.
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September 22, 1997
Kipp indicated the September 5 staff report recommended that the wetland alteration
be reduced from 2.66 acres to 1.4 acres. One option to achieve this included using
the tennis court and some additional upland areas for parking. Best Buy has chosen
to reduce the building square footage rather than upset the ballfields and other
recreational areas on the property. Plans have been provided to reduce the wetland
alteration from 2.6 acres to 1.39 acres. The future building size has been reduced by
an additional 20,000 square feet from 90,000 to 70,000 square feet. The overall
parking has been reduced from 2,313 spaced to 2,064 spaces. One NURP pond has
been removed from the wetland. Staff recommended approval of the plan.
Clinton was concerned about the impact of the traffic. Kipp said the original staff
report had a traffic analysis which determined this proposal would be generating less
trips than it would with industrial land use. Therefore,it is meeting what the City has
already established or set aside for that site for traffic generation. He added that Best
Buy is pursuing Traffic Demand Management opportunities to help reduce peak hour
traffic impacts.
The public hearing was opened.
• Wissner commented Best Buy has shown a good example of corporate citizenship.
The project looks very nice and will be good for the community. She supported the
project.
MOTION 1: Wissner moved, seconded by Alexander,to close the public hearing.
Motion carried 6-0.
MOTION 2: Wissner moved, seconded by Alexander, to recommend to the City
Council approval of the request of Best Buy for PUD Concept Amendment on 47.45
acres based on plans dated September 18, 1997 and subject to the recommendations
of the Staff Report dated September 19, 1997. Motion carried 6-0.
A continued Public Hearing
B. VILLAS AT PURGATORY CREEK by Hartford Capital. Request for Rezoning
from Rural to R1-13.5 on 9.8 acres and Preliminary Plat of 9.8 acres into 15 lots.
Location: Sunnybrook Road.
Kipp explained as with the last project, due to the late packet delivery at the last
meeting,the Commission listened to the discussion on the project and did continue
it until tonight to let the Commission further review the plans.
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September 22, 1997
Bill Griffith,representing the developer,said there was an issue about a maple tree on
Lot 5 at the last meeting. Stu Fox,the City Forester, and Perry Ryan looked at that
issue since that time and they indicated it would not be feasible. He presented a
drawing of what it would look like if the road was jogged back 75 feet and explained
why it would not work. He said they had spoken with Mr.Fox in which he indicated
it would be very difficult to grade anywhere around the tree without killing it because
of its size and significant root system that comes out from the tree. The tree is
significant but the tradeoff doesn't give the tree a higher survival opportunity.
Griffith said ultimately, when you balance that against the development and the lot
layout, you end up loosing about two to three home sites to save a 36 inch tree.
However,the tree loss on the site is similar and consistent with projects in the creek
corridor.
Foote was concerned about soil corrections. Perry Ryan, Ryan Engineering,
commented at this stage of development they would not have soil reports completed
and would not get them completed until prior to construction.
• Alexander was concerned about the homes being too close to the flood plain area.
Griffith said the Watershed District reviews projects for just those kind of concerns
but they do have to have the development site with the lowest elevation two feet
about the 100-year flood level. The fill is 42 percent of what could be placed in the
floodplain according to the Watershed District. This project is below other projects
in terms of fill in the flood plain that has been approved in Eden Prairie. This project
has been designed variance free and the flood plain issue is something that would be
addressed adequately by the Watershed District. He noted staff has reviewed that
issue as well.
Kipp commented the proposal is consistent with other proj ects within the Sunnybrook
area. The staff report has a comparison table which indicates this project is consistent
with other projects. The shoreland ordinance has been met and the project does not
require any variances. Staff recommended approval of the project.
Wissner was concerned about the legal aspect if there should be a water problem after
the project has been approved or is it just a, "buyer beware"type of situation. Kipp
said if all issues are met, including Watershed review and approval, the property
should not have a problem.
Foote asked if the City would be responsible if there was a catastrophic flood and one
of the homes did have a water problem. Kipp said he didn't know but the Federal
Emergency Management Agency has flood maps to determine if it's within a certain
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September 22, 1997
flood zone, for flood insurance. Foote said he was hesitant putting the City in any
kind of financial risk. Kipp said he would follow up on it.
Alexander said the wetland limit is very close to where the homes will be on Lots 3
and 4. She suggested a legal clause in the documents saying if there is a flooding
problem in the future the City is in no way liable. Kipp said he can't answer that
question. He noted that the Developer's Agreement for the project will control house
pad locations according to the pads shown in the plans.
Clinton asked about Outlot A. Griffith said the developer has agreed to dedicate
Outlot A,which is about 2.7 acres,to the City,and another additional 3/4 of an acre
is going to be covered by a conservation easement to protect the wetland.
Approximately one-third of this site will be controlled by the City after the
development.
Habicht asked if they looked at the building pad on Lot 2. Griffith said they did.
There are some significant trees on the edge of the wetlands and pulling Lot 2 up will
effect the wetlands area and will require cutting additional trees. The drainage pattern
would also be changed in this area. All of these issues were taken into account and
it appeared that this is still the best location for that house pad.
Habicht asked if on Lot 3,the area of the lot between the two wetland areas,will be
within the conservation easement. Griffith said it could be and was a good
suggestion. They did not propose it but there is no reason to keep it outside the
conservation easement.
The Public Hearing was opened.
Bob Claus, 12491 Sunnybrook Road,noted he lives to the east of the development.
He emphasized that he was looking forward to nice new homes over there and new
families moving in with children. His question was if everything is in Code and there
are no variances,does that absolutely make it 100 percent guaranteed it's a good plan.
Lot 5 in Block 1 just drives all those other houses back into the flood plain more and
creates more fill. Lot 3 in Block 2 is so close to the wetlands and he didn't see a need
for a house there. Lot 3 sort of squeezes in so Lot 2 has to be inconsistently jetted
out from the rest of the development.
Griffith said there was no reason to altering configurations of Lots 2 and 3. That is
something more typically done if there were a series of significant tradeoffs but they
are coming within the framework that the City has created for developments of this
type.
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September 22, 1997
Thomas Lapic,3557 Tara Lane,Woodbury,commented his address used to be 12655
Sunnybrook Road and he is one of the owners of the conforming duplex. It seems
significant that not only is this development in spirit with the Comprehensive Plan,it's
absolutely within the letter. There are no exceptions, no waivers, no mitigating
circumstances. The plan is clean and he stands to gain from this development. He's
Lot 8 and he and his wife will be moving back to Eden Prairie and building on that lot.
He said the maple tree had been shading his picnic table for many years. He doesn't
want to see it go but he will not loose site of the fact it's going to remain a tree area.
He encouraged the Commission to approve this project.
Cindy Wersal, 12645 Sunnybrook Road, noted their horses graze down in the
wetland. They don't want their horses grazing in two feet of water and that's not the
kind of wetland it is. This is not a swamp wetland. This is a low land that
occasionally gets wet when there's been a lot of rain. Their horses are down there all
the time and there isn't a problem with it.
Gerry Wersal, 12645 Sunnybrook Road, commented the particular finger of wetland
going up into Lot 3 and encroaching on Lot 2 is a very similar type of wetland. A
majority of the time it's a dry wetland but go out on a day like today you would
probably see some water. It's important to him to look at this whole wetland and
flood plain area in context with what they're looking at this year. They are told this
year they are not only experiencing the 100-year flood circumstance, but they are
experiencing the 500-year circumstance. They are experiencing the same thing along
Purgatory Creek, as along the Mississippi and the Minnesota River. To say they are
not effected by such major floods would be incorrect. He expressed great concern
about the Post Construction. The backyards of another project built on Sunnybrook
Road 24 months ago are now wetlands.
Lee Smith, 12500 Sunnybrook Road, was concerned about the Post Construction.
The very first project built on Sunnybrook Road had trouble. Her other concern is
the flood plain because there is no stopping people who have the flood plain in their
backyard from altering it. They are taking out vegetation and altering it to the way
they want it to be. They moved there in 1967 and the sewer came through shortly
after about 1971. They have to stop playing around in there.
Foote commented this is not the way he would lay out this development. Lot 5 is
basically unsellable in some respect but it will sell. The City has set precedents before
approving property with flood plain fill. That's part of the problem where you can't
say no to the next developer. The project has no variances and meets all the
Comprehensive Guide Plan rules.
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September 22, 1997
Wissner said a lot of people like to overlook wetlands which definitely gives them
privacy so there should be no problem with that lot. They have done a good job and
she supported the project.
Habicht commented the developer has played within the rules. He felt the
Commission has to support it. He was comfortable with this project within the
spectrum of other projects of this nature. He supported the project.
Alexander said since the project does meet requirements and is not asking for any
waivers,the Commission should support it.
Clinton stated if the project meets all requirements and there are no complications
with what the City Code requires,then the Commission should support it.
Foote said even though he didn't think the layout was the best it could be,it does meet
requirements and the Comprehensive Guide Plan rules. He supported the project.
MOTION 1: Alexander moved, seconded by Habicht,to close the public hearing.
Motion carried 6-0.
MOTION 2: Alexander moved, seconded by Habicht, to recommend to the City
Council approval of the request of Hartford Capital for Rezoning from Rural to R1-
13.5 on 9.8 acres based on plans dated September 2, 1997 and subject to the
recommendation of the Staff Report dated September 5, 1997. Motion carried 6-0.
MOTION 3: Alexander moved, seconded by Habicht, to recommend to the City
Council approval of the request of Hartford Capital for Preliminary Plat of 9.8 acres
into 15 lots based on plans dated September 2, 1997 and subject to the
recommendations of the Staff Report dated September 5, 1997. Motion carried 6-0.
V. PUBLIC MEETING
None.
VI. MEMBERS' REPORTS
Wissner commented there have been three murders in Eden Prairie on business sites
in the last few months. There will be a workshop on October 8, 1997 from 8:00 a.m.
to 5:00 p.m.at the Capital building. The workshop will have speakers who will help
companies to create a plan to go in effect if this should happen in the workplace. It
will show them how to deal with the media,with the police, etc. This is a workshop
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September 22, 1997
to deal with any negativity in the workplace.
She also suggested doing a workshop regarding wetland issues to educate people
about it.
VII. CONTINUING BUSINESS
None.
VIII. NEW BUSINESS
None.
IX. PLANNER'S REPORT
Kipp said there are no projects for the October 13 meeting.
X. ADJOURNMENT
MOTION: Ismail moved, seconded by Foote, to adjourn the meeting. Motion
carried 6-0. The meeting adjourned at 8:25 p.m.
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