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Planning Commission - 01/09/1995 __ APPROVED MINUTES go EDEN PRAIRIE PLANNING COMMISSION January 9, 1995 COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Randy Foote, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STUDENT REPRESENTATIVE: Matthew Mahoney STAFF MEMBERS: Michael D. Franzen, 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 Katherine Kardell. All members were present. H. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Schlampp, to approve the Agenda as published. Motion carried 7-0-0. M. MINUTES MOTION: Schlampp moved, seconded by Wissner, to approve the Minutes of November 28, 1994 as amended: on page 3 Foote's name is spelled wrong. Motion carried 7-0-0. MOTION: Schlampp moved, seconded by Bauer, to approve the Minutes of December 12, 1994 as published. Motion carried 6-0-1 with Kardell abstaining. IV. PUBLIC HEARINGS A. CEDAR BILLS REGISTERED LAND SURVEY by Lynn L. Charlson. Request for Preliminary Plat of 196.27 acres into 4 tracts. Location: Spring Road. Franzen stated that the Planning Commission previously asked Staff and the 1 developer to resolve the removal of billboards. Most of the discussion was 40 held between Brett and Tracy Hope, and Bob Lambert, Director of Parks and Recreation Department. There is a memo in the packets from Bob Lambert which states that the billboards are not going to be a part of the option agreement. Any further lease on the billboards would run on an annual basis. At the time of a subdivision or sale or gift of the remaining property, the City will deal with the billboard removal. MOTION 1: Sandstad moved, seconded by Clinton, to close the public hearing. Motion carried 7-0-0. MOTION 2: Sandstad moved, seconded by Clinton, to recommend to the City Council approval of the request of Lynn L. Charlson for Preliminary Plat of 196.27 acres into 4 tracts based on plans dated December 7, 1994, and subject to the recommendations of the Staff Report dated January 6, 1995. Motion carried 7-0-0. B. HARTFORD PLACE RETAIL 1995 AMENDMENT by Ryan Companies. Request for PUD Concept Amendment on 17.89 acres, PUD District Review on 17.89 acres, Zoning District Amendment in the Commercial Regional Service District on 17.89 acres, Preliminary Plat of 17.89 acres into 4 lots and Site Plan Review on 17.89 acres. Location: Prairie Center Drive and Prairie Lakes Drive. Franzen stated that when the packets were put together last week, Ryan Companies asked for a two week continuance. Due to the Carsons' purchase by Dayton's, and Mervyn's moving across the street to the mall, Ryan Companies decided to withdraw the project. MOTION 1: Clinton moved, seconded by Foote, to close the public hearing and return the plans to the developer without prejudice. Motion carried 7-0- 0. C. PIONEER RIDGE 2ND ADDITION by R. H. Development. Request for Planned Unit Development Concept Review on 19.03 acres, Planned Unit Development District Review on 12.13 acres with waivers, Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots. Location: County Road 4 and Pioneer Trail. Franzen stated that this was a project that started sometime last year but the developer asked for a continuance. The developer asked to spend more time with the City Engineering Department and Hennepin County looking at right- of-way to see how that could be fit into the project. The Planning Commission decided that rather than to continue the project, the public hearing 2 • would be closed and a new public hearing scheduled once everything was worked out. Franzen introduced the developer, Ron Helmer, and the consultant, Wayne Tower. Wayne Tower, consultant, reviewed his project with the Planning Commission using visual aids. Sandstad asked if they have a plan showing the revised landscaping in that area. Tower replied that he does not, but they will be upgrading the landscaping. Sandstad asked if Staff has any problem with the scheduled agreement. Franzen replied that he didn't expect they would have more than half a dozen or so trees that would go in there. He said he looks at this as a minor modification of the plan. Schlampp asked if there is a wetland and where does it drain? Tower replied it will be a wetland and right now it doesn't drain anywhere. He said it will drain out a storm sewer system that they are providing and drain north up into that system. He said it will be in the pipe underneath between lots 16 and 17, and then it goes into the street. Franzen noted this is a piece of property that has been planned Low Density Residential since the City put their first Guide Plan back together in 1968. He said the proposal is for 25 lots, about 2 units per acre. All of the lots meet the minimum lot size requirements of the R1-13.5 Zoning District. The reason Staff spent more time looking at this project before passing it through the public hearing process, is because they wanted an opportunity to resolve the right-of-way and have room for county road expansion. Staff wanted all of this put in the plans so when someone buys a lot they will know where the road will be. Azalea Court was moved a little bit to the north and east so there would be more room in the backyard for berming, and the planting would provide a visual barrier to the future residents that will be purchasing lots on this property. The Staff Report is for approval of this project with minor modifications before the City Council. Some additional landscaping on Lots #15 and #16 is required. There is a requirement for an additional catch basin to help better drain the backyards. There has to be a drainage utility easement over all the sewer and water lines. Kenneth A. Lindemann, 15901 Corral Lanes expressed concern of the impact of the catch basin to his property because he lives right next door. He asked if there was going to be a water level maintained. 40 3 Tower replied that there will be a water level maintained because that's part of the system, and that's how water is actually checked as it passes. Lindemann stated that they have lived there for 15 years and never had a problem with the water, and expressed concern about the run off and the additional landscaping needed. They also would like the record to note that they have never had a problem with the water, and that if there is any problem in the future somebody has to be responsible for it. Tower replied that the pond has been increased in size so it will handle the extra water. They have not thought about the landscaping except for putting in top soil and plantings as a sod or that type of thing. He said eventually it will start looking like a natural wetland. Lindemann expressed concern about the safety of the children near the pond because there are very young children in their neighborhood. Tower replied that the design of the pond is such that the slope comes down to the edge of the pond, and it will not be greater than 3:1. At that point the pond turns into a 10:1 slope and that's where the water will normally be. Once it moves approximately 20 feet, then it will become steeper again and go to the bottom of the pond. Therefore, there's going to be 15 to 20 feet which would be the safe area that will not be over their heads. Nancy Nicklay, representing the estate of Harry A. Rogers, 16011 Lake Shore Drive, stated that she comes before the Planning Commission for the property across the street from County Road 4 which is her grandfather's, and she is the personal representative for the estate. She expressed concern about the number of traffic lanes on County Road 4. Tower replied that ultimately it's going to be 4 lanes with a turning lane. Franzen noted that there will be a median in the center of County Road 4 back from the intersection up to Azalea Trail. He said if you are coming from Pioneer Trail and wanted to go north on County Road 4, there will be a right turn lane. That's why the County wanted additional right-of-ways. The County has settled on the amount of right-of-ways they want on this piece of property. Nicklay stated that her concern is on the other side of the street where whoever develops 4 1/2 acres of that property is also expected to do the road services for Pioneer Park. She expressed concern with the way the road is set up coming out to County Road 4, that it dumps all the burden of the roads to Pioneer Park and to whatever develops on her grandfather's property, on to 4 the developer of her grandfather's property. Kardell replied that she understands her concerns on this, but that it doesn't relate to this particular project. Larry Johnson, 8947 Eden Prairie Road,, stated that he lives at the corner of where the new road comes in off of County Road 4. He said from looking at the plan it looks as though the road comes directly adjacent to his property. He expressed concern about the grade changes that will occur on that property line and what changes will happen. Tower replied that they are going to have to review that a little bit, and they are not going to do any grading on his property. They are not going to violate his property in any way. If it is in the right-of-way and it does go over the property line, it's possible that some of that will have to be taken out. He said they have not reviewed exactly how much the grade change is going to be. Clinton expressed concern about the wetland water running downhill to the street at 898. He is having difficulty in seeing how it's going to get to the street. Tower replied that it will be a pipe and the pipe will be buried under the ground. Bauer stated that the last two speakers have significant issues and suggested to them to consult with an attorney about their concerns. Sandstad stated that the project works very well and has no difficulty with the lot issues. Kardell also stated that the project works well and has no problem with it. MOTION 1: Bauer moved, seconded by Foote, to close the public hearing. Motion carried 7-0-0. MOTION 2: Bauer moved, seconded by Foote, to recommend to the City Council approval of the request of R. H. Development for Planned Unit Development Concept Review on 19.03 acres, Planned Unit Development District Review on 12.13 acres with waivers, Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots based on plans dated December 14, 1994, and subject to the recommendations of the Staff Report dated January 6, 1995. Motion carried 7-0-0. 5 40 D. ADVERTISING ZONE SIGN REMOVAL Franzen introduced Jean Johnson of the Community Development Department who will give a brief presentation and afterwards, will answer any questions the Commission may have. Johnson gave a brief presentation and highlighted some of the important issues. She stated that the Staff Report in the packets include background on billboards in the City, and also inventory information on billboards. Attached for the Commission's review is the portion that the new ordinance will effect. It will eliminate Section 11.71 and amend Section 11.70. The City has had an old code for a long time on the billboards, and over the years the City has made some alterations. The code amendment adopted in 1984 envisioned the removal of zones as property developed. The Council action in 1987 was for no provision for future signs. The area along old 169 is zoned rural and guided low-density residential. Billboards are inconsistent with rural/residential areas. City Commission, Council, and the recent referendum, have communicated the message that the bluffs along 169 are worthy historically and aesthetically of preservation. Billboards do not blend with that goal. Eliminating the Advertising Sign Code will prevent new billboard permit applications. Bauer asked what impact this has on existing signs and on somebody coming in and wanting to put a sign in. Johnson replied for the existing signs will be able to continue as they are. What may cause removal is if there are new landowners, or when the site is developed. She said if the City had a request for new billboards they would have to inform the people that the City does not have an advertising code anymore. Sandstad stated that he is not a big fan of billboards in general, although they are a function. He supports the idea of having them all removed from the City, but not in any particular rush. This is a good step to take and he supports it. Michael Cronin, 8809 West Bank, does not agree that the billboard signs are distractions. He said a distraction also is a car phone, a radio, tapes, and talking. He doesn't feel this amendment will increase or decrease safety. If there was a problem with billboards it would have manifested pretty quickly. He passed out a summary which stated that they never found any report that linked accidents to billboards. He said he would appreciate the Commission dropping the safety issue because he doesn't feel that's correct. 6 Schlampp stated he believes that billboards are good. He said the retail business sign media has been excellent and has done a lot of good for the retail business. It's an excellent method for getting to the public. It is not any more dangerous than a car telephone. The only time he has seen a bad sign is when they put flashers on it and which catches your eye, but they have banned that everywhere. He supports billboards very strongly. Foote stated that he agrees with Schlampp. He does not see any safety problem. Cronin replied that the safety issue comes out over and over again. The issue is if this is the appropriate setting, are the ones on the one side better than the ones on the river side of 169. Wissner stated that the signage on 494 may not provide distractions, but 169 is such a dangerous road to begin with. She said if making the highway safer means taking down the billboards, then she can support it and can see where the safety issue comes in. Bauer stated that he does not think billboards need to be regulated in society. He doesn't mind billboards and feels it's silly to regulate them. Kardell stated that she has never had a billboard issue come up since she has been on the Planning Commission. She has never been bothered by billboards but that's also because there are not a lot of them in the City. She does not have a problem with this particular amendment at all. MOTION 1: Sandstad moved, seconded by Wissner, to recommend to the City Council elimination of Section 11.71 and amendment to Section 11.70, Subdivision A.1 to eliminate the Advertising Sign Zone and reference to non- accessory signs. Motion carried 4-3-0 with Schlampp, Bauer and Clinton opposing. V. MEMBERS' REPORTS A. Self Sufficient Proaram Kardell stated that in the newspaper, Eden Prairie News, and the Sun Current, the Self Sufficient Program is putting on a call for mentors to participate with families that are going to be in this program. She said if anyone is interested in working with a family they are selected to participate with support, friendship, and getting those people feeling more a part of this community. w7 VI. CONTINUING BUSINESS Franzen stated that there is an 18 hole miniature golf course proposed to be built in town by the Post Office adjacent to 169. He said they are working with them to minimize the lights because there are apartments across the street, and they are concerned about the impact it would have. Staff is also concerned about holding them to a high enough standard because if they allow this in, they then get requests for carnivals and go-carts. He noted that Amoco is looking to purchase a portion of the Pioneer Ridge property for a gas station, which is on the agenda for the next meeting. He said that Ron Helmer has decided to start his project in May unless he hears from Mark Namuedt. By April, he's going to go ahead with his project. On the 25th of this month there will be a neighborhood meeting from all neighbors within 1000 feet. VU. NEW BUSINESS Expansion of the Water Treatment Plant Franzen stated that this is one of the first steps in the process of the water treatment plant expansion. Before getting too far down the road, Staff is asking for input from the Planning Commission and the City Council on January loth on the general approach to the building architecture and site plan. The Commission will have the opportunity to review all of the details of the plan at the time of site plan review in the future. The Planning Commission's comments will provide general direction to City Staff, much like a Planned Unit Development Concept review. Staff wants to know what the Planning Commission likes or doesn't like about the building and site plan. Gary Tushie, reviewed the water treatment plant expansion using visual aids, highlighting some of the main issues. He said that the aesthetics of the building is the most important objective, to develop the site more aesthetically pleasing and to the wetland environment. The new building should not look like a warehouse. The existing building and the new building should be blended together so they look like they were built at the same time. There is a need to renovate the exterior of the existing building, but not in its entirety. They want to create a design reflective of the design standard that the City has enforced on other projects. The design should reinforce the character of the downtown using similar design features of the existing building in the downtown area, and the materials on those buildings as well. The design should be conservative, yet dramatic, and have a character that will remain up to date in the years to come. The new entrance should be easily identifiable 8 and create a public friendliness. Lastly, the public phase on the new building should accommodate a very active conservation program and recycling program. Kardell asked if the intent of the space is supposed to be a thought that there is going to be some sort of cooperation with whoever is going to be touring, and then be educated in interactive areas. Tushie replied that the State of Minnesota has mandated that by January 1, 1996, each community must have an emergency and a conservation plan in place. They are in the process of putting this emergency and conservation plan in track with the architecture and design issues for the plan. It would take a year to design this. They have been going through this process and the primary focus of the conservation plan is educational component. They would try to get the school system through so perhaps every fourth or sixth grader will have a tour of this facility. They have a tremendous amount of tours at the facility itself. Sandstad asked if the City Engineer would be relocating his office to the new building. Tushie replied that City Engineer's office will stay where it is now. Clinton asked for a brief description of the amount of employees. Gene Dietz, Director of Public Works, replied that there are 13 people that do outside work right now, such as meter readers, and that part of the operation will probably grow by half to 19. The current situation is 3 full time operators, 3 shift operators, plus a day shift operator that fills in for vacation time and sick leave time. They have 3 plant mechanics and also a fill in for operations. There is a need to look at 2 operators per shift. The space needed for administrator and office area is detailed. Schlampp asked how are the people going to pay for this, such as taxes on houses rising. He asked if the approval for this is through referendum or just a bond issue. Dietz replied that this is not by referendum. He said there are 3 ways to pay for capital improvements. One is when the Commission approves the development project they assessed it by the acre. When the building permit comes through the building department, there is a sewer access charge and a water access charge that comes to them. On the quarterly utility bill there is a $12.50 flat rate on that, and half goes to sewer and half goes to water, but expect that charge to rise. Schlampp asked if any of the water goes into the storm water treatment. 9 Tushie replied no, that it goes back to the plant. Dietz commented that tours are available if anyone wants to come by for a tour. Clinton asked what the drive-way configurations were. Tushie explained it using the sketches. Sandstad asked if they expected any more landscaping between them and MTS. Tushie replied that it is already very heavily landscaped. Sandstad asked if MTS likes the new design. Dietz replied that some of the features have been shared with the management and they have good responses to it. Schlampp asked what would happen if they drilled another six 24 inch wells down into that particular area and pump the water up and didn't treat it. Dietz briefly explained what they are doing. Schlampp asked in the summer months, what portion of the water consumed of the 16 million gallons is used for sprinkling and the rest used for human consumption. Dietz replied that their winter average is about 4 million gallons per day. During this past summer their peaks got up to 12 or 13 a day. Water restrictions have not been enforced because their summers are more like Minnesota winters, and the need is not there. Clinton asked if they will ever need another plant like this in the future. Dietz stated that they will not need anything else. Dietz stated that the total cost for this site is approximately 20 million dollars, and the cost for this office space is 13% of the cost. Bauer stated that everything looks great and that they did a good job in picking up the picture that the Commission wants to see. Foote stated that it's a really nice looking building and he really likes it. Kardell said she was concerned when she saw the garage, that they don't want people to be able to see that. Dietz replied that they will do everything possible to properly screen up that area. Kardell asked what is the timing of this project. Tushie replied that they expect to work out final design procedures with this at the City Council 10 tomorrow night, and the balance of the year will be spent drawing plans to 40 specifications. It will be a year to design and a year to construct it. Kardell stated that the Commission prefers the second option. They concur with whatever they can do to improve the relationship of Technology Drive, and adjacent with the additional landscaping, and the screening of the garage doors. She agrees with Schlampp that they have to be realistic of the fact that it's going to be expensive for everyone no matter what happens here tonight. She said they better really sell their conservation education aspect in order to get people to sign on to that idea. VM. PLANNERS: REPORTS None. IX. ADJOURNMENT MOTION: Schlampp moved, seconded by Bauer, to adjourn the meeting. Motion carried 7-0-0. The meeting was adjourned at 9:15 P.M. 11