Loading...
Planning Commission - 07/10/1995 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION July 10, 1995 COMMISSION MEMBERS: Kenneth C. Clinton, Randy Foote, Ismail Ismail, Katherine Kardell, Edward Schlampp, Mary Jane Wissner STAFF MEMBERS: Michael D. Franzen, City Planner; Donald Uram, Economic Development Manager; Kathleen O'Connor, Recording Secretary I. PLEDGE OF ALLEGIANCE The meeting was called to order at 7:00 P.M. by Chair Katherine Kardell. H. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Foote, to approve the Agenda as published. Motion carried 6-0-0. III. MINUTES MOTION: Foote moved, seconded by Clinton, to approve the Minutes of June 26, 1995 as published. IV. CONTINUED PUBLIC HEARINGS A. FOREST HILLS 8TH ADDITION by Taurus Properties. Request for rezoning from R1-22 to R1-13.5 on 9.1 acres and Preliminary Plat of 9.1 acres into 20 lots. Location: West of Baker Road south of Theresa Place. Franzen stated that this is a plan that the Commission has looked at in concept the past two meetings. Concerns have been road access, provision of a sidewalk, and transition to the neighborhoods to the north and east. The Commission had approved the plan for 19 lots. The west 25 feet of Lots 1,2, and 3 will preserve some existing vegetation. The developer has agreed to move small pine trees (if possible, and healthy) to other locations on the property. 1 There is a pond in the northeast corner of the property. The engineering department has advised the staff that the water that is in the pond would not rise up any further into backyards than the current level. The Parks and Recreation staff does not recommend a sidewalk connection between Candice Road and Theresa Place, since there are no existing or proposed sidewalks in the area. An item to complete before the Council is the tree replacement plan. The staff report recommends that the tree replacement should be located along the north property line since some transplanting is already to take place along the west side. Duane Dietrich, representing Taurus Properties, is present to answer any questions that may arise. Foote inquired as to whether or not the City would maintain a right of way for the sidewalk connection should a path be desired at some point down the road. Franzen answered there is room in the right to allow sidewalks. Schlampp was concerned that lots 2, 3, and 4 may be prone to flooding and future home owners would have water in their basements. Franzen stated that the highest level the water will go will be two feet below the lowest floor elevation of any buildings in the area. Glen Bowen 7025 Marianne Drive, asked about the preservation of trees along the boundary line. Franzen stated that he understood Mr. Bowen to be referring to the band of trees that extended along the common boundary line of his property. The grading will be adjusted in such a way as to allow a 25 to 30 foot wide area to remain which would retain the vegetation. Ismail expressed his appreciation for the work that the developer has done in hearing concerns and making adjustments to address the concerns. He then asked for clarification on who would be responsible for the tree replacement on the north property line. Franzen explained that the developer would do that. MOTION 1: Wissner moved, seconded by Ismail, to close the public hearing on Forest Hills 8th Addition. Motion carried 6-0-0. 2 MOTION 2: Wissner moved, seconded by Ismail, to recommend to the City Council approval of the request of Taurus Properties for Rezoning from R1-22 to R1-13.5 on 9.1 acres based on plans dated July, 1995, and subject to the recommendations of the Staff Report dated July 7, 1995, with the addition of further discussion of a pathway between lots 6 and 7. Motion carried 6-0-0. MOTION 3• Wissner moved, seconded by Ismail, to recommend to the City Council approval of the request of Taurus Properties for Preliminary Plat of 9.1 acres based on plans dated July 7, 1995, and subject to the recommendations of the Staff Report dated July 7, 1995, with the addition of a pathway between lots 6 and 7. Motion carried 6-0-0. V. PUBLIC HEARINGS A. DELL ROAD AND HIGHWAY 5 COMMERCIAL CENTER by Tandem Development and Kindercare. Request for Zoning District Change from Rural to Neighborhood Commercial and Site Plan Review on 4.47 acres, Preliminary Plat of 4.47 acres into 2 lots, Planned Unit Development concept Review and Planned Unit Development District Review on 4.47 acres. Location: Dell Road and Highway 5. • Franzen discussed some of the history of the Jamestown PUD and why the City approved a change in the Guide Plan from residential to commercial in 1990. Dick Puttnam of Tandem Development pointed out that the reason why the residential portion of the project was completed first was due to the fact that the roads had not yet been completed and the residential base was needed to support the commercial. He also spoke of the meetings that they had with the residents of the area and the Jamestown Homeowners Association and Tandem's efforts to address their concerns. The 4.47 acre location is to be broken into two lots. Kindercare will own the east 1.7 acres. The remainder of the commercial area will be owned by Ostensen and Puttnam. There will be easements for joint parking for the two sites. Welsch Companies is doing the leasing work for Tandem. The management of the center will also probably be handled by Welsch as well.. Eric Johnson, a landscape architect from RLK Associates spoke on plans for the project. A major concern were the large number of existing oak trees on the site. The design allows for the buildings to be tucked up tight against the trees with no service drive behind the buildings, thus allowing a larger number of trees to be saved. 3 The parking has been aligned in such a way that the drive entrances that come into Cascade Drive will be screened from the homes with large conifers. Kathy Anderson from KKE Architects showed building plans for the center. She pointed out that the roof tops will be designed with a steep grade to screen the mechanical units. The center will be made up of small shops with a short span and will keep the height of the buildings down. She suggested a combination of stucco and brick for materials. Also she presented an option of having the signs built into the dormers rather than using a sign band. There is intent is to maximize the glass areas and include possible outside eating areas. In addition, there will be back lighting at the Kindercare tower and dormer areas. Puttnam also commented on the options of the dormer signs and use of stucco. He mentioned that they are currently constructing a building in Spring Park next to Water Patrol that is very similar to the ones proposed for this center. This building is scheduled for completion about August 1, 1995 and all are invited to visit it. Clinton asked how the center will handle deliveries. Puttnam pointed out that the businesses are front door delivery types. Trash receptacles will be internal to the building with the ability to roll them out when • necessary. Clinton expressed safety concerns for the children that may attend the Kindercare due to the location on Highway 5. Puttnam stated that the large ditch and berm alongside of the day care minimizes some of the safety issues. Ismail asked if it is necessary to approve the entire project if he is comfortable with one part of the package but not the other. He noted that a number of residents do not seem pleased with the commercial end of the project. Puttnam explained that the City had asked him to present a total package and it was his understanding that it would be approved or disapproved as a whole. Franzen addressed the question of why the City considered the commercial project in the first place with the following reasons: One, this site is allowed by ordinance to be developed up to a .20 base area ratio. If they were allowed to do that it would mean about 10,000 more square feet of building on the property. However, they are only using about three quarters of what the code would allow as the maximum in order to save more trees. 4 . Two, the original proposal was approved with a 40% tree loss. The new proposal is at 36% tree loss. Three, a study of the road capacity was done for the area and it was determined that there would be adequate capacity to handle the number of trees from existing and future residential and commercial land uses. Four, the residential character of the buildings was another positive aspect of the center. Five, the fact that the center was pre-planned in advance of any homes to the area. Franzen noted that other things considered were buffering, lighting, and restricting the uses to neighborhood commercial. There were stipulations to prevent a large pumper gas station and fast food use. Franzen added that normally lighting would be on a 30 foot pole for a commercial area. However, it will be reduced to a 20 foot pole in this area to keep more of the lighting on the ground. Also the gas station will have the lighting recessed under the canopy to minimize the lighting impact on the townhouses in the area. Franzen added that while the project is approximately 1700 square feet larger than the original PUD, there are several advantages to the current proposal. First of all the building set back from Cascade Drive is greater. Taking out some of the cross drives allowed for greater tree preservation. Franzen noted the following plan changes are needed including additional landscaping, proof of parking plan, adequate trash areas inside of the building, the mechanical equipment screening plan, the exterior materials and colors, the sign plan, and the revised lighting plan to minimize glare. Franzen summarized that the staff report provides options to the commission. First is to say that they are comfortable with the project but would like the developer to return so they can see the final plan before it is passed on to the council. Second option allows for the event that the Commission has reservations about the project, they may want the developer to make some changes. The third option is to deny. Kardell asked whether cupolas constitute signs. Franzen said that if the cupola is generic to the project and not a symbol that conveys a particular business they are acceptable and do not constitute a sign. 5 Wissner asked if there is an ordinance regarding businesses being open 24 hours a day in residential area. Franzen stated there are no ordinances that restrict hours of operation. Construction activity or grading is restricted to the hours of 7:00 A.M. to 7:00 P.M. six days a week. Ted Almann, 18262 Cascade Drive, the Homeowner's Association President, expressed concerns regarding the increased traffic flow and resulting increased noise levels. He stated that the possibility of an exit on to Dell Road might help somewhat. He also said he would like to see the hours of operation for the businesses to be limited to daylight hours. Wade Dale, 7932 Cimarron Lane, was also concerned about the traffic on Cascade which already services townhomes on both sides of the street. He commented that if anyone should happen to park on Cascade at the area of the curve it would severely narrow the drive. Additionally, he felt it would be hazardous to have gas pumps 500 feet from wet lands. Barbara Boyle, 18322 Cascade Drive, & Arlene Erickson, 18296 Cascade Drive. live directly across the street from the commercial site. Boyle stated that she was concerned about the glare of headlights from vehicles. She also has objections to the gas station being a 24 hour business and that its trash receptacle would be directly across from her home. Steve Hidy, 7976 Cimarron Lane, inquired as to why it was being proposed to rezone the area from residential to commercial when this is not the neighbor's wishes. He also can see no need for another gas station since there already is one less than a mile in one direction and less than two miles the other direction. Dennis Pedroce% 17857 Cascade, has concerns about the environmental and economic condition of the area. He stated that with the gas station there would be airborne contamination, seepage, and fuel spills. Also, he felt the value of his home would decline because of the project. Nick Olsen, 18258 Cascade Drive., was concerned about the possibility of cars parking on Cascade Drive and making passage on that road difficult. He also inquired about the number of trees to be lost due to the project. Johnson of RLK Associates went over some of the specifics of the tree loss, again pointing out that only 36% of the trees would be lost. Franzen advised that Box Elder and Elm trees are not protected by the tree ordinance. Ash, Maple, and Oak are. 6 Bill Berg, 18256 Cascade Drive, stated that the sleeping quarters of the townhomes face the proposed development and the increased noise levels would be a problem. Jeff Payne., 7838 Donovan Cove, said that Cascade Drive was never designed for this type of entrance. He wondered why the City felt a need for another source of income from this area given the tax revenue already generated. Tim Strauss, 18240 Cornflower Laney appreciates the effort that has been made to save the trees, but stated that there would still be a lot of habitat lost due to the project. Bill Heyman, 7959 Dover Cove, stated that he is concerned that the project will decrease property values and desirability on Cascade and around Mitchell Lake. He is concerned about safety due to increased traffic. There are a large number of children in the area. He expressed concern about the bike path that lets out into the development and that children would be riding their bikes into this area. Additionally, he spoke about the fact that the center requires access from a residential street. He too, is concerned about the tree loss. Mindy Rehler, 18272 Cornflower Drive, is the director of a child care center. She is concerned about the children at the Kindercare, as well as the children in the area, breathing the fumes from the gas station. Rick Kuehler, 7846 Donegal Cove, inquired why the developer wants to change the zoning in this area from rural to commercial. Kardell explained that everything in Eden Prairie is zoned rural until such time as a development plan is approved. Kuehler went on to say that he felt the project was unnecessary due to the fact that so many of the same services are close to the area. He too is concerned about the loss of wetlands and the increased traffic. Karol Knudtson, 18086 Settlers Way, spoke of her concerns regarding traffic, property values and the environment. She does not want a 24 hour gas station so close to her home. Richard Smith, 18322 Cascade Drive, reiterated the concerns for the loss of the wetlands. He stated that he bought his home as his retirement home and did not foresee a gas station so close. 7 Becky Gauerke, 18148 Settlers Way,, stated that she appreciated all of the work that has gone into the project. However, her concern was also for the loss of the trees and greenery in the area. Cliff Potter, 18264 Cascade Drive, had planned this home for his retirement. He felt the project would have a negative impact on property values, safety, traffic, and the environment in the area. He stated that he already has trouble getting out of his driveway due to traffic. Carrie Amirayan, 18118 Settlers Way, just bought her townhome. She does not understand why another video store is needed. She feels it is dangerous to have this project in a residential neighborhood. Bruce Perkins, 7835 Donegal Cove, asked where the semi delivering gas would turn around. He feels that this project is unnecessary. He feels there should be more thought put into what people in the area need. Puttnam pointed out how the semi would turn around within the parking lot. He stated that deliveries would be made during off hours. Jerry Petrucelli, 17857 Cascade Drive, asked what would be considered an "off" hour. She also stated that it appeared to her from the proposal that 3/4 of the trees are gone. Geoff Staurskv, 7822 Donegal Covet felt that at the top of the list should be the concern for the safety of the families in the area. Secondly, should be listed the question of the need.for the development. Puttnam stated that an off hour would be the middle of the day. Gas deliveries would be made at times other than peak traffic hours which are in the morning and evenings. Kardell summarized the concerns expressed about traffic and safety issues, trees and habitat loss, wetland degradation questions due to the gas station, screening issues, headlights, hours of operations, and property values. Wissner would like to see additional analysis regarding traffic. Franzen stated that additional analysis would be done. Wissner asked if the project was looking at having neighborhood type businesses in the center, such as a place to and have coffee and/or ice cream. 8 • Puttnam explained that is exactly the type of businesses they had in mind. He addressed the concerns people had regarding the all night business hours. He stated that they anticipated little business and traffic during night hours. Those hours are only a convenience factor for customers, not high volume sales for the gas station. Clinton assured the citizens that the Commissioners, prior to meetings, do visit the sites that will be addressed. They also revisit sites after they have been developed. Clinton questioned the need for another gas station in the area. However, he does like the idea of the residential type businesses such as the bagel shop. He stated that he also has concerns regarding the Kindercare near a major intersection. He would like to see further study regarding the need of the gas station. He feels additional analysis is needed regarding traffic and the possibility of another exit from the center, other than Cascade Drive. He does like the designs for the project and the screening. Foote also questioned the need for another gas station. Mark Nelson from Holiday Gas commented that this store is not intended to be a high volume gas station. It is primarily intended to be a convenience store for the neighborhood. There would only be four gas pumps. Ismail asked who would be the primary customers for the center. Nelson anticipates that the center would mostly service the residents in the area. Ismail pointed out that the residents in the area appear to not be in favor of the center. Puttnam stated that for as many as may be opposed, there are many who would feel this center would be very convenient. Perkins said that he fears that the Holiday name will bring traffic in off of Highway 5 in droves, and this will cause a traffic jam. Maureen Herzberg, 18009 Dakota Circle, asked if a petition would help to convince the Planning Commission that the people in the area do not want the center. Kardell stated that the Planning Commission is only an advisory board to the City Council and that the final decision rested with the City Council. She stated that petitions are fine, however, the residents will basically need to debate the issue 9 . with the City Council just as they have with the Planning Commission. Herzberg also pointed out that Cascade is a drop off for school buses. This occurs during what would be the busiest time for the center. Foote asked if the possibility to have a right turn exit from the center to Dell Road could also serve as a right turn entrance into the center. Kardell's major concerns are also traffic related. She does feel that a commercial center is appropriate at that intersection and adjacent to residential. Foote stated he was very pleased with the project from the stand point of tree preservation. Wissner felt that the placement of the Kindercare and its playground looks good. However, she shares the concerns regarding traffic. Kardell asked the proponent to work with Nelson regarding information on the use of the facilities at this location, and the different configurations of the pumps. Also to include a look at what the expected business might be during the night hours. Clinton would like to see more meetings with the homeowners to help resolve their issues. He added that the City cannot legally prevent a developer from developing his land with out constituting a "taking." Foote inquired if the 75% brick requirement is absolute. Kardell stated the code is absolute. She feels that the structures should be consistent with code. The back side of the building is mostly screened by trees, and there is little cost difference between the brick and stucco. Rhonda Dungan, 7854 Dove Cove, asked if the area had to be zoned commercial, or could it be finished out with residential. She stated that she had been unaware of the proposal. Perkins feels that the right turn entrance/exit onto Dell Road would be dangerous because drivers would mistake the turn signals for Cascade to be signals for the center. He fears this could cause many accidents. Dale stated the traffic analysis has to take into consideration the future growth of the area. 10 Discussion was had regarding the amount of time necessary for continuance to have all issues adequately addressed. MOTION: Clinton moved, seconded by Foote, to continue the hearing on the project until the first meeting in August at which time the traffic analysis can be presented, as well as the questions regarding the gas station. Motion carried 6- 0-0. B. SUPERVALU EAR REVIEW by SuperValu. Review of EAW. Franzen reviewed the three EAW issues, which are traffic, water quality on Bryant Lake, and wetlands. SuperValu contributes a very small amount of traffic to the regional road systems and cannot be obligated to pay for major highway systems and improvements as recommended by the State Highway Department and the Metropolitan Council. The City does have the ability to control traffic impacts on local roads and SuperValu has agreed to participate in the cost of signalization and roadway improvements to help ease congestion as their building expands. SuperValu's percentage of traffic on Valley View Road is 9%. Without the expansion, these improvements are still needed. SuperValu has also agreed to participate in a travel demand management program to help reduce peak hour traffic. Without pretreatment ponds, there is no question that the water quality of Bryant Lake would be degraded. However, this project provides the required pretreatment ponds as stipulated by City code. The amount of phosphorus in and near the lake will actually be less than the existing condition because the current parking lot is not pre-treated. It will be pre-treated in the after- condition. No wetlands will be filled. An Army Corps wetland will be excavated for a pretreatment pond. If they say no, Supervalu must change the site plan. The PUD was approved based upon the findings of the EAW. The staff believes that the EAW addresses the environmental impacts and proposes mitigating measures. For these reasons, the staff recommends that the Planning Commission adopt a finding of no significant impact to be passed on to the City Council. Clinton expressed concerns about traffic on Valley View Road for I494 northbound. He had noticed that it was extremely backed up today. Franzen believes it is due to the road construction on various highways in the area as well as the conclusion of the holiday weekend. Kardell was pleased to see the point on the improved water quality of Bryant Lake. 11 Clinton asked if the upgrading was to accompany new staff or existing staff. Supervalu representative explained that some of the current staff from other locations may relocate to the upgraded facility. MOTION 1: Wissner moved, Foote seconded, to recommend to the City Council a finding of no significant impact and that Environmental Impact Statement is not needed. Motion carried 5-0-0. C. FUDDRUCKER'S, INC. & RIO BRAVO CANTINA by Fuddrucker's Inc. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres, PUD Concept Review on 4.02 acres, PUD District Review on 4.02 acres, Zoning District Change from Rural to C-Reg-Ser on 4.02 acres, Site Plan Review on 4.02 acres and Preliminary Plat of 8.53 acres into 2 lots, one outlot and road right-of-way. Location: U.S. Highway #169 and Technology Drive. Uram stated that the DNR sent a letter regarding their reaction to the project. However, it was received too late to address their concerns. There is a meeting scheduled on Wednesday, July 12, 1995, at 10:00 A.M. and Uram expects to be able to resolve all issues at that time. Uram asked Steve Johnston to make a brief presentation on the project. Steve discussed the building positions, grading, and parking. Clinton asked how the proposed Fuddruckers would compare in size to the Bloomington store and the one on Wayzata Blvd. • Craig Oberlander stated that the proposed store would be approximately 4900 square feet, or half the size of the Bloomington store. It will have basically the same format as the other stores. It will be a family atmosphere with a beer and wine license. Ismail asked if the Cantina would serve different food than Fuddruckers. Oberlander replied that Rio Bravo Cantina serves Mexican food. He also stated that there is no firm commitment as yet for Rio Bravo Cantina to be on the site with Fuddruckers. Wissner asked if the housing on the other side would.eventually be commercial. Uram stated that it will develop at some point in the future. Foote asked if the entrance from Technology Drive will be done in the first phase of the development. Also, are there any plans in the near future to improve Technology Drive? Uram stated that there are no plans to do anything with Technology Drive right now. Ultimately it will be widened and improved, but there is no timing for that right now. The Staff asked for detailed plans as to how the site could develop if Rio Bravo came in. The developer provided those plans. However, if a different business comes in at a later date, it will go back through the Planning Commission. 12 Uram pointed out that the current proposal is better than the formally approved PUD in all respects. The Staff report contains some issues that they feel can be resolved. These include: 1. Reducing the size of the NURP pond. 2. Relocating the proposed City trail. 3. Increasing the slopes form 3 to 1 to 2/2.5 to 1. 4. Decreasing the parking setback from 17.5 feet to 10 feet. This project is on a severely tight time line. Development of this site is dependent upon getting "cheap" fill to raise the elevation for building and parking areas. The proponent has a source that is also under a strict time line who will bring the fill to the site. If this project is delayed, this fill material will not be available. Because of this, the proponent has asked that the project not be delayed. Staff suggests that the Commission consider continuing this for two weeks, but publish early for the August 1 Council meeting. MOTION: Wissner moved, Foote seconded, to continue the public hearing to the July 24, 1995 Planning Commission Meeting, with directions to the Staff to publish for the August 1, 1995 City Council Meeting. Motion carried 5-0-0. VI. MEMBERS' REPORTS July 24th Meeting Ismail will be absent from the July 24, 1995 meeting. Franzen will come to the July 24th • meeting with an outline of some training for the Planning Commission as previously planned. Cars Parked on the Hill by Eden Prairie Ford Kardell expressed concern regarding a large number of cars parked on the grass behind Eden Prairie Ford. Franzen informed that the issue is being addressed. Ford has been advised to move the cars, or they will be fined $30.00 per car per day. VH. CONTINUING BUSINESS VHI. NEW BUSINESS IX. PLANNERS' REPORTS X. ADJOURNMENT MOTION: Foote moved, Clinton seconded, to adjourn the meeting. Motion carried 5-0-0. The meeting adjourned at 10:55 P.M. 13 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, July 10, 1995 7:00 p.m. • COMMISSION MEMBERS: Kenneth E. Clinton, Randy Foote, Ismail Ismail, Katherine Kardell, Edward Schlampp, Mary Jane Wissner STAFF MEMBERS: Michael D. Franzen, City Planner Don Uram, Economic Development Manager I. PLEDGE OF ALLEGIANCE -- ROLL CALL H. APPROVAL OF AGENDA III. MINUTES IV. CONTINUED PUBLIC HEARINGS A. FOREST HQ,LS 8TH ADMION by Taurus Properties. Request for rezoning from R1-22 to R1-13.5 on 9.1 acres and Preliminary Plat of 9.1 acres into 21 lots. Location: West of Baker Road south of Theresa Place. V. PUBLIC HEARING • A. DELL ROAD AND HIGHWAY 5 COMMERCIAL CENTER by Tandem Development and Kindercare. Request for Zoning District Change from Rural to Neighborhood Commercial, Site Plan Review on 4.47 acres, Preliminary Plat of 4.47 acres into 2 lots, Planned Unit Development Concept Review and Planned Unit Development District Review on 4.47 acres. Location: Dell Road and Highway 5. B. SUPERVALU EAW REVIEW by Supervalu. Review of EAW. C. FUDDRUCKERS, INC. & RIO BRAVO CANTINA by Rio Bravo Cantina. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 4.02 acres, PUD Concept Review on 4.02 acres, PUD District Review on 4.02 acres, Zoning District Change from Rural to C-Reg-Ser on 4.02 acres, Site Plan Review on 4.02 acres and Preliminary Plat of 8.53 acres into 2 lots, one outlot and road right-of-way. Location: U.S. Highway #169 and Technology Drive. VI. MEMBERS' REPORTS VII. CONTINUING BUSINESS VM. NEW BUSINESS IX. PLANNERS' REPORTS i X. ADJOURNMENT