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Planning Commission - 09/09/1996 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, September 9, 1996 7:00 p.m. WOMMISSION MEMBERS: Kenneth E. Clinton, Randy Foote, Bill Habicht, Ismail Ismail, Katherine Kardell, Douglas Sandstad,Mary Jane Wissner STAFF MEMBER: Michael Franzen, City Planner Scott A. Kipp, Senior Planner I. PLEDGE OF ALLEGIANCE --ROLL CALL II. APPROVAL OF AGENDA III. MINUTES IV. PUBLIC HEARINGS Continued Item: A. THE HLLLS OF EDEN PRAIRIE by Venku Corporation. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density on 14.84 acres,Zoning District Change from Rural to RM-6.5 Zoning District on 14.84 acres, Site Plan Review on 14.84 acres and Preliminary Plat of 14.84 acres into 51 multi-family units. Location: Willow Creek Road. B. EDEN BLUFFS by Baton Corporation. Request for PUD Amendment on 44 acres, PUD District Review on 1.53 acres,Zoning District Amendment in RM-6.5, Site Plan Review on 1.53 acres, and Preliminary Plat for 1.53 acres. Location: Sherman Drive at County Road 1. C. CAMP EDENWOOD by Friendship Ventures. Request for Site Plan Review on 2 acres. Location: Indian Chief Road. D. ALBIN CHAPEL by Albin Chapel. Request for Planned Unit Development Amendment Review on 2.47 acres,Planned Unit Development District Review on 2.47 acres,Zoning District Amendment in the Office Zoning District on 2.47 acres, Site Plan Review on 2.47 acres,Preliminary Plat of 5.22 acres into 2 lots. Location: Rowland Road and Old Shady Oak Road. E. CODE AMENDMENT To amend Section 11.20 of City Code adding Funeral Homes as a permitted use in the Office Zoning District. V. MEMBERS' REPORTS VI. CONTINUING BUSINESS VII. NEW BUSINESS VIII. PLANNERS' REPORTS • a. Flying Cloud Airport Design Framework Manual- Scott Kipp b. Historic Site Designations -John Gertz IX. ADJOURNMENT APPROVED MINUTES • CITY OF EDEN PRAIRIE PLANNING COMMISSION September 9, 1996 COMMISSION MEMBERS: Kenneth E. Clinton, Randy Foote, Bill Habicht,Ismail Ismail,Katherine Kardell, Douglas Sandstad,Mary Jane Wissner STAFF MEMBERS: Michael D. Franzen, City Planner; Scott Kipp, Senior Planner; Elinda Bahley,Recording Secretary I. PLEDGE OF ALLEGIANCE -ROLL CALL The meeting was called to order at 7:00 p.m. by Chair Clinton. Commissioner Kardell was excused; all other members were present. II. APPROVAL OF AGENDA MOTION: Foote moved, seconded by Wissner,to approve the Agenda as published. Motion carried 6-0. • III. APPROVAL OF MINUTES -AUGUST 26, 1996 Foote noted on page 9, the sixth paragraph should be omitted, and insert: Foote commented the density was too high and expensive single family houses do not transition well with the less expensive single family houses on the site. Sandstad noted on page 9, the sixth paragraph, omit the latter part of the first sentence which reads... and there was too much contrast within the project. He also noted on page 10,under Members'Report,it should include the statement: Sandstad commented a fatal accident happened where a 44 year old adult died at the intersection of Highway 169 and Fountain Place and feels the Planning Commission should initiate a motion to do something about this. Clinton apologized to the individuals who spoke at the last meeting whose names and addresses were missing from the record. MOTION: Ismail moved, seconded by Foote,to approve the Minutes of the August 26, 1996 Eden Prairie Commission meeting as amended. Motion carried 5-0-1 with one abstention by Wissner. Planning Commission • Monday, September 9, 1996 IV. PUBLIC HEARINGS Continued Item: A. THE HILLS OF EDEN PRAIRIE by Venku Corporation. Request for Comprehensive Guide Plan.Change from Low Density Residential to Medium Density Residential on 14.84 acres,Zoning District Change from Rural to RM-6.5 on 14.84 acres, Site Plan Review on 14.84 acres and Preliminary Plat of 14.84 acres into 51 multi-family units. Location: Willow Creek Road. Franzen noted that at the last meeting the Planning Commission directed five items to be worked on by the developer before this meeting. The developer has now withdrawn the request for the Guide Plan Change project. The proposal is now at 2.5 units per acre. The number of units is reduced from 51 to 37, and 12 of those units were removed from the wooded hill along the south property line adjacent to Crowne Oaks. The significant tree loss has been reduced from 27 percent to 9 percent and the tree mass is retained to provide a better transition to Crowne Oaks. Dave Pavelka, owner and developer, indictaed that his attorney advised him to take legal action to overturn the Commission's earlier decision, since it was based on a nine page letter from the neighborhood which his client did not have an opprtunity to . review before the meeting or the opportunity to respond to at the meeting.. Pavelka indicated that he did not agree with his attorney. He reviewed the modified plans . Additional parking stalls were added for a total of 20. The retaining wall on the west side of Bryant Lake Drive was shown to improve the site distance from the proposed intersection. The revised plan requires no wetland fill. He explained they are the last area of Low Density Residential in the northeast corner of Eden Prairie. They are interfaced with highways,businesses,industries and public buildings. About 60 percent of their perimeter abuts something other than Low Density Residential. He explained a chart he prepared which compares the characteristics of the Hills and Crown Oaks Townhome Development. If the City is going to use Crowne Oaks as the norm to judge the Hills,he wants to be sure it's a desirable standard in total. He questioned the reasonableness of building more Dave Carlson townhomes next to each other when the resale now is difficult. He urged the Commission not to lower the amount of townhomes. When there are fewer townhomes,the greater percentage of the construction money goes into site development and less money is available to construct the townhome itself. They are looking at a long term family type development and are not interested in reducing the quality of each townhome. The site cleanup is 90 percent complete and heavy equipment is needed to complete the last two percent. The developer will satisfy the • 2 Planning Commission Monday, September 9, 1996 environmental standards in order to close on the mortgage. There will be a conservation easement on the high hill and the oak knoll, and at the entrance of the Wooddale Church. There will also be a wetland conservation easement averaging 15 feet all the way around the wetland. This plan will enable the Pavelka's to maintain ownership of the property they have owned for 93 years and the only other option would be to sell the land. They could also plot it and subdivide themselves or team up with a developer. The product would then be different and they would not be able to match the tree loss figures and the wetland statistics that the Hills of Eden Prairie offers. Staff recommended approval according to the recommendations on page 3 and 4 of the Staff Report. Habicht asked if the variances would be required on all of the lots as they currently exist. Franzen indicated that the variance would be required on all 37 lots. The developer could take the end units and readjust the lot lines so all end units would meet 45 feet for the width and 6000 square feet of land per unit. • Sandstad recommended the use of decorative posts to delineate the wetlands. The developer indicated it would be no problem to do that. The Public Hearing was opened. John May,7057 Crowne Oaks Road,made reference to comments stated by different commissioners at the last meeting agreeing with their concerns about density. He feels the density is still too high and feels the Hills should have a density of 1.46 like Crowne Oaks with only 28 units. There was no mathematical formula to arrive at that number but it would be better usage of the land and would spread it out. The high density will also contribute to traffic congestion. This proposal should be treated the same way that Crowne Oaks was handled three years ago. He would like to see a plan that is consistent with the whole geographical area. There should not be two different standards to go by to either approve or disapprove of a proposal. He referenced the comment made that Dave Carlson townhomes are not selling. According to a woman who is moving,the one problem that keeps coming up to the Realtor in trying to sell is the traffic issue. He recommended that the Commission have the developer come back with a proposal of 28 units and see what it looks like. Dan Grote,7061 Willow Creek Road,made reference to a letter dated September 5, from John Baxter which indicates additional testing will be done on the waters and . 3 Planning Commission Monday, September 9, 1996 other environmental issues and will prepare a second report. He wanted to make sure the City Engineer gets a look at these results before this project is approved. Sandstad asked if the developer would be comfortable supplying the City Engineer with a copy of the supplemental report on a volunteer basis. Pavelka indicated yes. Ismail asked if the septic tank and well will be removed. Pavelka noted it will be removed. When the house is removed there will be City sewer and water. Ismail was concerned that the environmental report be as complete as possible because they are very serious issues. Pavelka said they are very willing to have this complete and be a matter of public record. Wissner stated that all the comments from the residents are the same as heard by the Commission three years ago from the Willow Creek residents when Crowne Oaks was being developed. The proposed homes are adjacent to future ramp parking on the Wooddale Church site. This site is a transition between public and low density uses. She was comfortable with the reduction of units to 37 and doesn't believe this development is going to overall make the traffic any worse than it already is. She was comfortable with the plan at this point. • Habicht commented the developer's modified plan is a nice job of providing buffer to the Crowne Oaks neighborhood. The clustering of units savies natural features and justifies a little higher density in the north in light of the church's development plan. It's a good plan with lower density in the south to higher density in the north. He supported the plan. Foote concurred with all of the commissioners' comments. He liked the low percentage of tree loss and supported the project. Ismail asked how wide the lanes are in the drawings marked A,B,C,D. Pavelka replied 28 feet is the width of the lane and they have yet to name them. Ismail indicated he was comfortable and supported the plan. Clinton commented the developer has met all the legal requirements that the City put before him. The Commission had the same issues before them between Willow Creek and Crown Oaks three years ago. The physical transition is created by saving the wetland,hills and the mass of trees. The developer has provided a plan to provide transition which was not in the previous plan. He supported the project. Sandstad noted the developer has done exactly what the Commission asked him to do at the last meeting. The plan looks very good and he supported it. • 4 Planning Commission Monday, September 9, 1996 MOTION 1: Sandstad moved, seconded by Wissner, to close the public hearing. Motion carried 6-0. MOTION 2: Sandstad moved, seconded by Wissner, to recommend to the City Council approval the rezoning from Rural to RM-6.5 on 14.84 acres, Site Plan Review on 14.84 acres and Preliminary Plat of 14.84 acres into 37 multi-family units based on plans dated August 23, 1996, and subject to the recommendations of the StaffReport dated September 6, 1996, with the addition of the requirement that the Mike Franzen, will consult with the engineer on the results of the subsequent tests on the property, and to delineate in a modest decorative way where the easement runs. Motion carried 6-0. B. EDEN BLUFFS by Baton Corporation. Request for PUD Concept Amendment on 44 acres,PUD District Review on 1.53 acres,Zoning District Amendment in the RM- 6.5 District on 1.53 acres, Site Plan Review on 1.53 acres, and Preliminary Plat for 1.53 acres. Location: Sherman Drive at County Road 1. Randy Zejdhk,developer,reviewed his development proposal with the Commission. They downsized their original plan, which was approved for 10 units, down to six units. The style of the units changed from two story tuck-under townhome to one level and walkout townhome. Each unit provides about 1,284 square feet on one level with the prices starting at around $132,000. Depending on location and amenities, the price can jump up to $170,000. There is a model in Inver Grove Heights and the colors used were beige with gray roof and white trim. They may change this project to a darker color like taupe but in the same color range as recommended in the Staff Report. Kipp reviewed the Staff Report with the Commission. Access to the westerly units will be a shared access with the existing townhome to the north. The design is more of a transitional design from a two story townhome to the residential single family design to the south. The units are walkouts on the west side and ramblers on the east side of Sherman Drive. The density of the project is approximately 3.9 units per acre, well under the maximum of 6.7 units per acre provided by City Code. One revision needs to take place prior to the City Councils review regarding the total caliper inches of landscaping. Staff recommended increasing the caliper inches based on the square footage of the building. An additional fire hydrant needs to be located. Staff recommended that the architecture be revised to include specific shingle color and trim color to blend with the townhomes to the north. Staff recommends approval with those recommendations included. Ismail was concerned about the shared access of the westerly building with the 5 . Planning Commission Monday, September 9, 1996 townhomes to the north of the property. Kipp explained the shared access and how it came about. The Public Hearing was opened. Victor Daurte, 9983 Old Wagon Trail, commented that the plan is incomplete. It does not include Old Wagon Trail or where the land adjoins the proposed land for development. He asked if this parcel of land was part of the previous parcel that was developed. Kipp replied that the west parcel was approved for a 6 unit building back in 1983. Daurte expressed concern that when he bought his property he was told that property was not a big enough lot for the same type of structure because there wasn't enough room. His land joins this property and he would never have bought it if he knew that. Kipp replied that he has no control over what the developer's or realitors for the neighboring development told their buyers. When Staff meets with developers they sit and discuss the surrounding land use and approval. Duarte was concerned about a low priced unit developed next to a high priced unit devaluating the higher priced unit. He moved to Eden Prairie because of the open space and was concerned about buffers to divide these properties. He was also concerned about the storm water drainage and the color. He suggested a berm and trees to be used for a buffer. Kipp indicated there will not be any berm constructed along the west side but there is going to be a number of additional caliper inches of landscaping on the property. There is quite a landscaping buffer currently planted along that boundary of Old Wagon Trail. Regarding open space,there is a small wetland at the southwest corner of the property and existing trees. The storm sewer is along Sherman Drive. Sandstad explained that they use buffers,fencing,berms or significant distance when they have different land uses next to each other. He does not perceive a need to buffer townhomes from townhomes. Jerry Marx,9961 Old Wagon Trail,agreed with the comments made by his neighbor. He was concerned about there not being a buffer because his house is lower than this development and when cars come the headlights shine in his home. It can also become a dangerous situation if the cars ever slipped over the curb. He was also concerned about a drainage problem on his property that doesn't drain. Don Longshore, 9985 Old Wagon Trail, commented he has concerns about the 6 Planning Commission Monday, September 9, 1996 transition from the new development to their development. He feels strongly that some kind of buffer would be highly desirable. His home, Mr. Duarte's home and Mr. Marx's home are all to the west of the new development which will have a great impact on them. Richard Schultak, 422 West County Road D, New Brighton, noted he works for Wooddale Realty which is a subsidarary of Wooddale Builders and shares the same concerns as the previous speakers. The new project is up six to eight feet higher than Old Wagon Trail and it creates a problem with the car lights shining in. He urged the Commission to consider a buffer and was also concerned about the drainage. Joann Hazuka, 10647 Sherman Drive,noted she lives in the Eden Bluffs complex and expressed concern about the developer because they have learned he cuts corners. Eden Bluffs is a 13 year old property and they are being hit hard with assessments for items that have deteriorated well before their life expectancy. They have put on a new roof in the last year and siding will have to be done next year. She handed out copies of a document from an insurance company who hired an inspector to take a look at the roofs. • The document was dated April 4, 1994 and indicated the wind damage to the shingles is the result of improper and inappropriate securement at the time of their initial installation. The shingles continue to be very vulnerable to wind damage and additional, partial, or complete dislodging can be expected during periods of even moderate winds. Isolated repairs to the current damaged areas cannot be expected to'minimize the potential for additional wind damage or to minimize the potential for leakage from the other deficiencies noted above. The inspector's conclusion was the shingles were improperly secured when installed. The flashing sleeve fasteners were exposed and unsealed. The flanges were typically unsealed. There are leakage and condensation risks that exist. They were assessed over $1,200 last year for the roofing and they are looking at about$5,000 per unit for siding. She was also concerned about the access driveway because Baton Corporation never mentioned it to them. After speaking with neighbors along the south side there was a concern about flooding as a result of this development. It's too late for them to seek legal compensation for substandard work. Her concern is for the fixture neighbors and quality structures in the neighborhood and their values. Jim Miller, 10000 Kearny Lane, expressed concern about the kind of grading between the new building and his lot. It's a runoff ravine at a low level. He has watched his neighbor float around in there with a canoe. He was also concerned about the drainage. He expressed concern about single family homes adjacent to townhomes. • 7 • Planning Commission Monday, September 9, 1996 He has a lot of privacy and was concerned about the distance of this new project to his home and the impact on the value his home. Kipp indicated the existing wetland elevation is approximately 832 and Mr. Miller's home is probably about the 838 range. The proposed townhouse is at 860. It's a higher elevation on the north side of that pond and it would be a walkout design. Miller asked if there is going to be a ravine or draining between his property and the new one. Kipp replied the Engineering Department is looking at the draining issues. Ron Szmergalski, 10648 Jackson Drive,noted he was the man with the kids and the canoe and showed where he lives on the map. He expressed concern about the grading and the height. He was concerned about having additional water runoff on his property as a result of raising the level of land to build these townhomes. He noted that his garden is at the bottom of his site and it's three foot tall in the back. He had to raise it two years ago because it kept getting flooded out in the Spring. He was also concerned about the number of trees and how the site would be developed because there is a significant number of large trees and tall in height directly between his house and the existing townhouses. He questioned what the lot line distance is from the two projects. Kipp indicated it's approximately 150 to 200 feet. • Eric Isom, 10876 Dashmond Drive, was concerned that the developer's plans did not give a full flavor of the project, that it was incomplete. He strongly feels the background of the developer should be checked out. He expressed concern about the grading in the rear of the property where the units are shown because there is a very steep slope down into the wetland area. He was also concerned about the additional runoff from the roofs going into the backyards and the erosion that will occur on the steep slope. He questioned the impact they're going to have on the wetland. He wanted to know what the fate was of the existing trees in the area behind the townhomes because they serve as an excellent transition from the higher density townhomes to the single family homes. Removal of those trees will significantly deteriorate that area for both the townhomes and the single family homes. He was also concerned about the distance between the single family homes and the two unit townhouse complex because it's only about 30 to 40 feet range. He asked how in depth of a look did the Engineering Department review the drainage issue. Kipp indicated the Planning Staff, Engineering Staff, and Park Staff review these plans. They will continue to review the drainage and will make sure it works properly prior to building permits. Isom was concerned that the drainage issue is not being reviewed in depth because he spoke to a Randy Slick in the Engineering Department and he was not aware of • 8 Planning Commission Monday, September 9, 1996 this project. He would like to see the 100 year flood level in effect as part of the drainage review. He asked that the trees remain in the area. It's time for corporations to make a commitment in some way saying they will leave those trees there so the property values don't decrease and they do have a transition zone. Lynn Gonzo, 10647 Sherwood Drive, expressed concern about the drainage problems because you can not see the seriousness of the problem by looking at a map. She has very strong concerns about the developer and there has been no communication with him. The proposed units are an extension of their own units and yet they have had no communication from the developer. The driveway issue has not yet been addressed which is a concern of hers. She was concerned about whether the new homeowners will be told their neighbors had to deal with assessments due to premature rotting of the property,and will they have to ensue those assessments or be exempt from it. She commented that there would have been more residents present but they were told through the City that this project is a done deal and felt attending the Planning Commission was a waste of their time. Ismail was very uncomfortable about the statement that the project is a done deal because he takes his job very seriously. He asked for the name of the City employee • who stated this. Gonzo said she was told this by someone else which makes her a third party so she was hesitant in giving a name. Isom stated he got the same impression that it was a done deal. Kathryn Mullis, 10770 Jackson Drive, commented when she received notice of the meeting she made phone calls and her neighbors to the right and left made phone calls. They were told that the project had been approved and the meeting is for sort of making decisions on some planning aspects. Clinton stated this is not a rubber stamp commission. They do change projects based on their merit for development. They have to deal with the laws of this City and projects are approved according to the law. Most of the commissioners do get a chance to look at the sites in question. They don't have all the facts and that's the reason for the public hearing to get input from the residents. If the information they get changes the picture,they will not approve a project. Kipp indicated he has been working for the City for 13 years and he has never said to anyone that any project is a done deal. This project was originally reviewed in 1983, approved for 10 units on these two lots. He indicated to residents that this proposal is an amendment to that project and the purpose of this meeting is to submit the project before the Commission for change of plans from the original PUD, and that public comment is also taken in at that meeting. A person he spoke to used the ! 9 • Planning Commission Monday, September 9, 1996 phrase, "it's a done deal". Kipp said no, that they are amending the approved proposal. Szmergalski questioned why nothing has been done since this was approved 13 years ago. Clinton commented he can think of three projects that have been approved but no ground breaking has taken place. Zejdlik commented that the project was not a good project economically and that's why they decided not to go forward. Miller asked who they should talk to about the economic impacts of this project. Sandstad directed him to the City Council. Kipp indicated that he will make sure the Building Department takes a close look at any complaints received from the original construction. Foote commented he does not believe this project will lower the value of the single family homes. However, this project has a lot of problems and he was not comfortable supporting it. He was concerned about the drainage and no transition from the two unit building to the single family home on the southeast. He was very • concerned that there was no neighborhood meetings. There must be a neighborhood meeting with discussion of the project. Ismail concurred with Foote's statements. He asked Staff to have the building inspector look at the history of the developer and would like a copy of his report for the Commission. He would not support the project until all the issues are addressed. Habicht commented the change from 10 units to six units is a step in the right direction. The project should be continued to the next meeting for a greater detail on Landscaping and drainage plan. He's not convinced the project requires buffers but it requires more detail. Sandstad stated the plan needs work. He was concerned about the lack of a public meeting with the adjacent owners who will share the driveway. Wissner said she was not comfortable with the plan at all. She would like to see more detail on the specifics and stressed the quality control issue about the project. These people suffered very bad and she wants to make sure it doesn't happen again. Clinton commented the developer should come back with at least having a neighborhood meeting. There should be more details to the plan that would describe • 10 Planning Commission Monday, September 9, 1996 landscaping,transition ofthe various properties, drainage plan and an overall grading plan in general. He also asked that the Building Department or Engineering Department give them a better comfort over the quality of the building and that data should be included in their packets. Zejdhk stated that the grading problem seems to come from the Wooddale people. He noted his site is a lot higher and has already been approved for 10 units so it's not their problem Wooddale didn't know that. He said that people have been taking stabs at them and making accusations. They have a Parade twinhome and everyone is welcome to go visit it in Inver Grove Heights to see their quality of work. He commented that the problems people were having has to do with masonite. They did not install the shingles but hired contractors to do that. He would like an engineer to look at that to see if it's probably the quality of the shingle itself. MOTION 1: Wissner moved, Foote seconded, to continue the Public Hearing for 30 days to the October 14, 1996 meeting. Motion carried 6-0. C. CAMP EDENWOOD by Friendship Ventures. Request for Site Plan Review on 2 acres. Location: Indian Chief Road. • Ed Stracke, president of Friendship Ventures, reviewed his development proposal with the Commission. He gave background information noting that Edenwood Center is sometimes referred to as Camp Edenwood and has been in operation since 1958. It started as a day camp and has turned into a year round camp. They are a non-profit organization. In January 1985 they took over a lease on the property that's owned by the City of Eden Prairie from Hennepin County and transferred that to Friendship Ventures. They continue as a camp and retreat center for disabled adults and children. The proposed building is a multi-purpose program center. It's purpose is to replace four structures which include an area for food preparation, dining, indoor activity area,restrooms and storage. The new dining hall will be placed in the same location as the existing dining hall. This location will minimize tree loss and site alteration. They will be using the entrance way on the existing property because there is very little impact on the existing facility in terms of tree loss, water runoff,and grading. Sandstad was concerned about the Minnesota State Historic Preservation Society and how it was initiated. Kipp indicated consultants from the Historical Society contacted his office and indicated they were doing a survey of state facilities that treated tuberculosis in the turn of the century. They flagged this structure as one of them and indicated they were going to do an evaluation of the site. 11 • Planning Commission Monday, September 9, 1996 Ismail asked if the expansion will increase the number of clients and who are the clients. Stracke indicated it will increase the number of clients they are able to serve on a year round basis. It will not significantly increase the number of total clients that they can serve at any one time. In the summer they serve about 50 to 60 clients and most of those are resident clients who are dropped off for a week and they care for them and provide recreation. During the non-summer months they are limited to 30 clients because they can not feed a large group of people at any one time. They have housing accommodations for 50 to 60 people but can not feed them all. Their clients are children and adults with disabilities. The Public Hearing was opened. Brice Holasek, 6602 Old Shady Oak Road, asked if one of the houses was moved from another location a few years back. Stracke indicated it was and they were not operators of the facility at that time. Foote commented it's a nice area and supported the project. Sandstad said it looks great and supported the project. • Kipp noted that all the comments he heard from the neighbors had been good. MOTION 1: Foote moved, seconded by Habicht, to close the public hearing. Motion carried 6-0. MOTION 2: Foote moved, seconded by Habicht,to recommend to the City Council approval of the request of Friendship Ventures for Site Plan Review on 2 acres based on plans dated September 6, 1996, and subject to the recommendations of the Staff Report dated September 6, 1996. Motion carried 6-0. D. ALBIN CHAPEL by Albin Chapel. Request for Planned Unit Development Amendment Review on 2.47 acres, Planned Unit Development District Review on 2.47 acres,Zoning District Amendment in the Office Zoning District on 2.47 acres, Site Plan Review on 2.47 acres,Preliminary Plat of 5.22 acres into 2 lots. Location: Rowland Road and Old Shady Oak Road. Franzen explained that this item is related to the next item because funeral homes are are not a permitted use in the Office Zoning District. A couple of years back Huber Funeral Home's property was zoned Industrial on County Road 4. It seemed like a good location for a funeral home and the City amended the code in that location to accommodate that use. • 12 • Planning Commission Monday, September 9, 1996 James Albinson,president,2200 Nicollet Avenue S, commented they are trying to be sensitive to the area and showed the site plan on the overhead. Wissner asked how they decided to come to Eden Prairie. Albinson replied his family business is in an expansion mode and would like to add another location. His brother is a member of the Wooddale Church and noticed the property for sale. They liked the look of the property because it has a nice calm setting with the view of the wetlands. Franzen reviewed the Staff Report with the Commission noting the proposal is for a 9,462 square foot building. The project meets the requirements of the Office Zoning District for the most part. A PUD waiver for building setback from 35 feet to 20 feet from Old Shady Oak Road is requested, and the average setback is 38 feet. A PUD waiver for parking setback from an internal lot line from 10 to 5 feet is requested. A reason to consider the waiver is that there is 20 feet between parking areas on adjoining properties. The landscaping requirements meet City Code and the architecture meets City Code requirements using the same shared access that was approved as part of the Marbles proposal. • He explained the reasons why the Planning Commission might consider allowing funeral homes in the Office Zoning District. This is a situation between Office and Residential and it would be better in the long run to preserve the existing Office zoning rather rezoning the property to Commercial with someone coming back in 10 years and converting it into a convenience store. Funeral homes are good neighbors and are residential in character. Staff recommended approval on the plan as submitted with the two waivers and the approval of the code amendment for funeral homes to be a permitted use in the Office Zoning District. The Public Hearing was opened. Joe Ruzic, 6825 Rowland Road, commented he has lived in Eden Prairie for 40 years and is a developer. He was concerned that the name Albin Chapel was misleading to him and other residents because they thought it was a church when it is actually a funeral home. He lives directly across the street on Old Shady Oak Road where they want a variance of 20 feet. He was opposed to the variance and to having a funeral home there because it is very depressing. He was concerned that there was no other case where a residential area is adjacent to a funeral home. He was concerned about the future three lots that he's going to build regarding the site distance from the funeral home. He was also concerned that people will not buy his homes because they don't want to live across from a funeral home. He noted that Huber Funeral Home is on a heavily traveled street and Shady Oak Road is not. A funeral can bring in • 13 • Planning Commission Monday, September 9, 1996 hundreds of people which will cause additional traffic. He commented about there only being 67 parking spots and was concerned about the overflow of cars. He would rather see an office building at this site. An office building is not depressing. Brice Holasek, 6602 Old Shady Oak Road,noted he lives right across the street from the funeral home. He believes this is an inappropriate place for a funeral home. It was mentioned earlier that a Commercial location would be too expensive for a funeral home. He doesn't feel they should amend the City Code to accomodate a hardship for them looking for a place. Paul Huber, Huber Funeral Home, 6394 Glory Lane,noted they have been in Eden Prairie for the last year and a half. According to the Department of Health,there are between 90 and 110 deaths per year in Eden Prairie. For many years there was no funeral home in Eden Prairie and people would go somewhere else. They have only seen approximately 50 of those numbers and the rest have gone to surrounding areas. They still have not seen 50 percent of the business in Eden Prairie. He was concerned that another funeral home will cause him to fail or for them both to fail. It's going to be very difficult for one or both of them to make it. • Sandstad commented there are no such laws restricting the number of Dairy Queens, bakeries or convenience stores nor should there be. He feels that two funeral homes within a city population of 48,000 people should work just fine. Huber indicated they were building with the future in mind and of the numbers seen in Eden Prairie in the last year the average age ofthe deceased was 57 years old. If this was ten years later he would not be addressing these issues. Sandstad expressed concern about the variance for setback because the wall is unattractive on the corner closest to the property line. He would rather have a building designed to fit on the property without a variance. Albinson commented that they are trying to be as sensitive to the neighbors as possible with minimum impact to the site. All entrances and exits are from Rowland Road. There is no entrance to Old Shady Oak Road. Funerals happen during the middle of the day. The building to be constructed has a capacity of 85 seats. They plan on doing heavy landscaping on the west side of the building. Habicht stated the issue of economics is not an appropriate issue for this Commission. They need to take a look at land use and zoning issues, whether or not a funeral home is appropriate in an Office District and if the proposed site plan is acceptable. Wissner asked for examples of where this type of situation is in a residential area. • 14 Planning Commission Monday, September 9, 1996 Franzen stated all the funeral homes in Minneapolis are in Commercial or Office areas on collector streets typically with the back portion of their building abutting residential areas.A Commercial use would impact residential neighborhoods the most because they generally have longer hours of operation for retail uses and are open Saturdays and Sundays. Convenience stores are a 24 hour a day operation. The next most intense use would be Industrial with trucks, and night shifts. Office uses are generally an eight to five use. Wissner expressed concern about the parking with the residential homes at such a close proximity. Foote commented he has no problem with funeral homes in the Office Zoning District but doesn't know if this is the best location. He was concerned about problems with traffic and parking. Sandstad was comfortable with the Office Zoning District Amendment for funeral homes. He expressed concern about the building being too close to the property line, the parking, and the additional traffic without the possibility of an access. Albinson explained that many people double up when they go to funerals. The • requirement is for 47 parking stalls and they are providing 67.If they get to a point where they are exceeding the capacity they make sure they get an off-site location that has greater parking and use shuttle buses. Franzen explained that the parking at Huber Funeral Home was determined without the church next door being part of the equation. It was done based on the City Code requirements and based on the seating capacity. Rick Ahmand, 6604 Golden Ridge Drive, gave the background of this site as it originated in 1992. He supported 25,000 square feet of total building as it was less than the approved Pud for 45,000 square feet with three separate buildings,versus original request for an 80,000 square foot office building, with density transfer off the wetland. Sandstad asked if Rowland Road is one that would be able to handle a large event. Franzen stated Rowland Road is a collector road. The City's design of Rowland Road was based on the original land use of multi-family use. The approved Pud for office and commercial generates less traffic than the multiple family use. Now with less square footage, even though the funeral home is a higher traffic generator than office overall traffic is still less. • 15 Planning Commission Monday, September 9, 1996 Dan Albinson of Albin Chapel noted they would be more than happy to try and work within the setback issues raised by the Commission. The Commission asked the developer to work on eliminating building and parking setbacks variances. Ismail indicated he would like to see a sketch of the front of the proposed building to see how it fits in the surrounding vicinity. MOTION 1: Sandstad moved, seconded by Habicht,to continue the public hearing for two weeks. Motion carried 6-0. E. CODE AMENDMENT To amend Section 11.20 of City Code adding Funeral Homes as a permitted use in the Office Zoning District. MOTION 1: Sandstad moved, seconded by Habicht,to continue the public hearing for two weeks. Motion carried 6-0. V. MEMBERS' REPORTS • None. VI. CONTINUING BUSINESS None. VII. NEW BUSINESS None. VHL PLANNERS' REPORTS a. Flying Cloud Airport Design Framework Manual- Scott Kipp Staff indicated this item would be continued to the next meeting. b. Historic Site Designations - John Gertz Staff indicated this item would be continued to the next meeting. IX. ADJOURNMENT • 16 Planning Commission Monday, September 9, 1996 MOTION: Wissner moved, seconded by Foote, to adjourn the meeting. Motion carried 6-0. The meeting adjourned at 11:22 p.m. 17