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Planning Commission - 11/28/1994 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, November 14, 1994 7:00 p.m. COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Randy Foote, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STAFF MEMBERS: Michael D. Franzen, Senior Planner STUDENT REPRESENTATIVE: Matthew Mahoney I. PLEDGE OF ALLEGIANCE -- ROLL CALL H. APPROVAL OF AGENDA III. MINUTES IV. PUBLIC HEARINGS A. SUPER VALU CORPORATE HEADQUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135 acres. Location: North of Valley View Lane, between Highway 212 and I-494. B. PIONEER RIDGE 2ND ADDITION by R. H. Development. Request for Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots, one outlot and road right-of- way. Location: County Road 4 and Pioneer Trail. V. MEMBERS' REPORTS VI. CONTINUING BUSINESS VII. NEW BUSINESS VIII. PLANNERS' REPORTS IX. ADJOURNMENT i APPROVED MINUTES EDEN PRAIRIE PLANNING COMIVIISSION November 28, 1994 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 Linda Bailey, 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. . II. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Schlampp, to approve the Agenda as published. Motion carried 7-0-0 III. MINUTES MOTION: Schlampp moved, seconded by Clinton, to approve the Minutes of November 14, 1994 as published. Motion carried 6-0-1 with Wissner abstaining. IV. PUBLIC HEARINGS A. SUPER VALU CORPORATE HEADQUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135 acres. Location: North of Valley View Lane, between Highway 212 and I-494. Franzen stated that the last time the Planning Commission looked at this project, they were debating the merits of the 4 story plan and the 3 story plan. Since that meeting, Staff met with Super Valu and together came up with plans that combined the best parts of both approaches into a new 3 story plan which is described in the packets. Franzen introduced Tom Ryan of Super Valu. • 1 Tom Ryan, Super Valu, introduced Myles Lindberg who would speak for the issues discussed at the last meeting. They have worked with Staff and attempted to answer most of the questions and issues that were discussed. Myles Lindberg, BRW, highlighted the changes that were made using visual aids. Franzen stated that Mr. Lindberg summarized all of the plan changes. The only comment he would like to make in regard to the Staff Report are recommendations, for approval, on page 3 of the Staff Report. A couple of things that are important to note is that Super Valu still has additional steps to go through after the PUD review, including the preparation of the EAW, and a traffic study. Both of these would be coming back at the Planning Commission and the City Council for review, and the findings of both those documents would be incorporated into an amendment to the plans. At the rezoning stage, that outlot would become a permanent conservency easement. Once that occurs, it doesn't allow any further development. It will be preserved in it's natural state forever. Julie Molde, 6961 Beach Road, expressed concern of having a 4 story structure would be very visible from anyone using the lake. Damon Fabor„ landseaue architect, representing Mr. and Mrs. James Duncan, stated that they appreciate the work that Super Valu has done to accommodate the • concerns expressed at the last Planning Commission meeting, especially with regard to "Old Baldy" being retained where possible and with the 200 foot setback. They also appreciate the building going 3 stories rather than 4 stories and the elevation. The berm is natural in character and going to 890 is acceptable. Fabor expressed concern as to whether or not that 890 elevation continues along the high point, and if it does, that's acceptable. Lindberg replied that the 890 elevation does continue along the high point. Jim Perkins. 7012 Willow Creek Road} stated that he is happy that they are preserving the height of "Old Baldy", and supports the project. He expressed concern about starting planting material early on as Mr. Schlampp had suggested. Jim Gebhardt, 7140 Willow Creek Roads stated that plans have been made which are acceptable to both the residents and Super Valu, but in no way is this equal to an endorsement. He said this is an acceptable solution, and an endorsement by everyone would be no additional development at all, and anything short of that would be better. He expressed concerns about traffic, tree loss, and the height of "Old Baldy." Sandstad asked if anyone could confirm what the elevations were for the level at the west building or roof line of the west 4 story office, and the approximate ground level • 2 on Beach Road. He said he would like to compare those ground levels. Lindberg replied that the ground level is proposed at an elevation of 874. The 4 story height top would be at an elevation of 934 with 60 feet of height. He said he was not sure of the exact elevation at Beach Road, but would guess at probably 6 to 8 feet higher than the lake. The lake is 860. It would be somewhere in the 60 to 65 range. Wissner expressed concern as to whether there has been any reaction to changes to "Old Baldy" from other people other than the residents on Bryant Lake and on Beach Road. Franzen replied that the only feedback the Staff has received has been through the Public Hearing process, so it's been primarily from the residents of Bryant Lake. Foote expressed concern of what the distance is from the homes on Beach Road to where the 4 story building would be. Lindberg replied that it is approximately 2000 feet, about a 1/3 of a mile. Schlampp stated this is a reasonable plan for the property which addresses the concerns of the Planning Commission. He is very comfortable with it and supports it. • MOTION 1: Schlampp moved, seconded by Clinton, to close the public hearing. Motion carried 7-0-0. MOTION 2: Schlampp moved, seconded by Clinton, to move to recommend to the City Council approval of the request of Super Valu Corporation for PUD Concept Review on 135 acres based on plans dated November 23, 1994, and subject to the recommendations of the Staff Report dated November 23, 1994. Motion carried 7-0- 0. B. PIONEER RIDGE 2ND ADDITION by R. H. Development. Request for Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots, one outlot and road right-of-way. Location: County Road 4 and Pioneer Trail. The Developer is waiting for a written commitment from the Hennepin County right- of-way attorney's office as to what kind of compensation they would get for the additional right-of-way. They are asking for a 2 week continuance until the December 12, 1994 meeting. MOTION 1: Clinton moved, seconded by Schlampp, to recommend continuance until the December 12, 1994 meeting. 3 C. LOOSEN ADDITION by Michael and Patricia Loosen. Request for Zoning District Change from Rural to R1-13.5 on 2.43 acres, Preliminary Plat of 7.73 acres into 4 lots and 1 outlot. Location: City West Parkway and Old Shady Oak Road. Franzen stated there are 2 primary questions to ask about the property. The first one has to do with the access. The second question is the type of density that the site can support. Franzen introduced Michael Loosen, the owner of the property who would give a brief presentation, after which he will go over the Staff recommendations. Michael Loosen, owner, stated that he is concerned about the access, and the conservency easement across the western boundary: He agreed to the turnaround, but did not want Conservancy Easements or density restrictions on Outlot A. He felt these should be determined when he's ready to develop Outlot A. Using sketches of the plan, he reviewed his project with the Planning Commission. Franzen stated that Attachment B on the Staff Report shows 3 potential locations for the public road access and an alternative. Number 1 would be coming up a very steep grade, so they ruled that out. • Alignment #2 would be coming through the developer's property, but that would require considerable fill on the Pavelka property, so that was ruled out as an option. The only real option for access to the top of the property would be by the existing private drive which comes down across Mr. Loosen's existing lot and comes out between the daycare center and Super America. There's an access drive shared in the back of that location. Outlot A on Attachment B is an area that Mr. Loosen is reserving for development in the future. On alignment #3 the grades are level between the 2 sites and it's likely that a public road would be built into that location. Staff's recommendation regarding the access would be for the 4 lots on the top of the hill to be a private drive with a 12% grade and cross access, and maintenance agreement. This has been done on other projects in sensitive areas where they don't have very high density. The second question for this property is how much density can this site support. Staff suggested that a density of about 1 unit per acre would be appropriate considering that part of the access is a private drive. Staff's recommendation refers to limiting the density to no more than 3 additional 4 units off the public road. The reason for that is the Staff does not have a specific development plan. They are looking at topography, slopes and trees without having specific plans cannot say if additional density is possible on Outlot A. Staff reviewed with the Planning Commission the alternative courses of action as listed in the Staff Report on page 5. Clinton asked if 12% is the highest grade in the City. Franzen replied that 12% is the maximum grade that the City would allow for a private drive-way access. Foote expressed concern that it seemed to be a lot more than 12%, that it looked a lot steeper than that. Clinton asked who would handle snow removal for the homeowners. Loosen replied that he refers to the drive-way association and they would get together and hire one contractor to remove all the snow. Kardell asked Loosen if he maintains the private road all the way out to the City West Parkway. • Loosen replied that he maintains only to the bottom of his hill. Kardell asked who maintains the rest of it. Loosen replied that it's shared by the other properties in the development. Wissner asked why when Loosen built his house last year and went through the variance of the fact of building on less than 10 acres, didn't he do the whole thing at the same time. Loosen replied that he didn't have a lot of insight regarding it. Bauer stated that this is the type of project that he struggles with. He was out there today and could not visualize how to access the property or if it could be developed. Loosen replied that he felt the same way until he built a house there and how easy it was to develop it. Before he put a road up there, he really couldn't see it. Wissner asked if there was any problem coming through the Pavelka property sewer. Loosen replied that it's all worked out. 5 Steven Pavelka, stated that his mother owns the property at 324 Shady Oak Road adjacent to the south of Mr. Loosen's property. He expressed concern about the same kind of situation happening as on Cherokee Trail with Galarneau. He felt commercial should be permitted on the east portion of the Pavelka property. Sandstad asked how the property is guided. Franzen replied that the property is guided all low density residential for the Pavelka property west of Old Shady Oak Road. East of the Old Shady Oak Road is also Low Density Residential and owned by Pavelka. Commercial would be appropriate east of Old Shady Oak Road. Wissner stated that she is very uneasy with this because when she went out there she was very confused, and had a hard time visualizing this. What she read and what she saw were different. She is uncomfortable but wants to be reassured that it's okay. She expressed concern about people wanting to put sprinklers throughout their house in single family homes. Franzen replied that because of the value of the homes and the size of the homes, this has been done in the past. Sandstad stated that there is a new plastic type pipe system used in homes. He said • it"s usually used in larger homes versus smaller homes. Wissner asked if the Planning Commission is just approving the change. Franzen replied that they are approving the preliminary plat of four lots and one outlot. Sandstad stated that the plan looks good as proposed. He would like to see a little clarification on the conservancy easement. He would to include in the plat the conservancy easement at least on lots 1 through 4 and leave outlot A for the future. Sandstad stated that he would be more comfortable with the numbered lots having that conservancy easement shown on the plans at this point. He suggested that the possible boundaries of this conservancy easement be linear with some visual marker to remind the residents that there is something beyond that point. Foote stated that he was under the impression that if the turn-around was put in, they don"t have to have the sprinklers. Franzen replied that you can do either or both. Foote said the project looks fine to him, and he agrees with Bauer and Wissner that • 6 the project is different. Kardell stated that she is having difficulty visualizing this plan. She feels strongly about the conservancy easement. She said Sandstad"s approach would be just fine as long as it becomes very clear that the intent is that what ultimately happens in outlot A is to be carried over on that property as well. In terms of the density overall, she would be comfortable with what works out to be possibly 1 unit per acre. But again, that was one of the issues Franzen raised and it would be appropriate for the Planning Commission to say that they agree with limiting it to that. She wants it clear that the -intent is nothing more than that. Franzen stated that Mr. Loosen sees this as a restriction on future development and he doesn't want to be held with that. This might prevent him from doing anything additional in the future. Sandstad suggested a guideline, not a flexible rule. Kardell asked how valuable this would be. Sandstad replied that it would be part of the record for these proceedings, and if Council agrees the petitioner will require to comply. • Franzen suggested restructuring a condition to a density base of 3 units for Outlot A with additional units possible provided no greater than the 12% tree loss as proposed and a comparable amount of conservancy easement on a per lot basis as the first phase. Kardell supports this but wants to make sure the Planning Commission addresses the easement and the density issues in their recommendation. Clinton expressed concern for all the projects that have private drives. There are two near him and he doesn't see them as being very practical in the way you have to get up to the home at night. MOTION 1: Bauer moved, seconded by Clinton, to close the public hearing. Motion carried 7-0-0. MOTION 2: Bauer moved, seconded by Clinton, to recommend to the City Council approval of the request of Michael and Patricia Loosen for Zoning district Change from Rural to R1-13.5 on 2.43 acres based on plans dated November 23, 1994 subject to the following amendments: • 7 1. The Western 25% of the numbered lots should be included within a conservancy easement and the expectation is that a future similar feature of outlot A would be encumbered by a conservancy easement. 2. Recommend that the conservancy easement be physically delineated with posts on the side lot lines where the easement crosses just to delineate it from the public. 3. The density of approximately 3 additional units on Outlot A provided a 12% tree loss a comparable size conservancy easements to protect trees, slopes, and wetlands. Motion carried 7-0-0. MOTION 3: Bauer moved, seconded by Clinton, to move to recommend to the City Council approval of the request of Michael and Patricia Loosen for Preliminary Plat of 7.73 acres based on plans dated November 15, 1994, and subject to the recommendations of the Staff Report dated November 23, 1994 as amended. Motion carried 7-0-0. V. MEMBERS' REPORTS • None. VI. CONTINUING BUSINESS None. VII. NEW BUSINESS Kardell discussed with the Planning Commission her conversation with Craig Dawson and Don Uram about the liquor store land acquisition across from Cub, and the use of tax incremented money possibly to fund that acquisition. She was concerned to see that the City is going to spend possibly up to $600,000.00 of that money to buy land for that liquor store, subject to legal approval. She felt money should be used for affordable housing projects. A decision for use of funds for the liquor store undermines of the work that she and others on the housing committee have done over the last several years. Sandstad stated that he share her concerns. Wissner stated that her concerns come out of being on the Board of Directors of the Eden Prairie Chamber of Commerce and she spoke from that aspect. Recently she had a lot of people say to her that they didn't build in Eden Prairie because they got 8 no help. There was no executive money available and they had gone else where. She is very concerned to find out that the City is doing a liquor store maybe with executive money. It bothers her very much that there was money for this but not for funding housing. VIII. PLANNERS REPORTS - McDonald's Play Structure Addition Franzen showed photographs taken of an existing McDonald's play structure in Maplewood that the City Council voted to use a similar approach in Eden Prairie. Franzen discussed briefly the items on the agenda at the next Planning Commission such as: 1. Pioneer Ridge 2nd Addition 2. Broich Addition 3. Cedar Hills Registered Land Survey 4. Challenge Printing 5. Metro Printing Sandstad requested an up to date memorandum from Bob Lambert on the acquisition of sites for the natural resources referendum. • IX. ADJOURNMENT MOTION: Kardell moved, seconded by Sandstad, to adjourn the meeting. Motion carried 7-0-0. The meeting was adjourned at 8:25 p.m. • 9 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, November 28, 1994 107:00 p.m. COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Randy Foote, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STAFF MEMBERS: Michael D. Franzen, Senior Planner STUDENT REPRESENTATIVE: Matthew Mahoney I. PLEDGE OF ALLEGIANCE -- ROLL CALL H. APPROVAL OF AGENDA M. MINUTES IV. PUBLIC HEARINGS A. SUPER VALU CORPORATE HEADQUARTERS ADDITION by Super Valu Corporation. Request for PUD Concept Review on 135 acres. Location: North of Valley View Lane, between Highway 212 and I-494. B. PIONEER RIDGE 2ND ADDITION by R. H. Development. Request for Rezoning from Rural to R1-13.5 and Preliminary Plat of 12.13 acres into 25 lots, one outlot and road right-of- way. Location: County Road 4 and Pioneer Trail. C. LOOSEN ADDITION by Michael and Patricia Loosen. Request for Zoning District Change from Rural to R1-13.5 on 2.43 acres, Preliminary Plat of 7.73 acres into 4 lots and 1 outlot. Location: City West Parkway and Old Shady Oak Road. V. MEMBERS' REPORTS VI. CONTINUING BUSINESS VII. NEW BUSINESS VIII. PLANNERS' REPORTS - McDonald's Play Structure Addition IX. ADJOURNMENT 1