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Planning Commission - 05/08/1989 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, May 8, 1989 7:30 p.m. COMMISSION MEMBERS: Chairperson Julianne Bye, Richard Anderson, Christine Dodge, Doug Fell , Robert Hallett, Charles Ruebling, Douglas Sandstad STAFF MEMBERS: Chris Enger, Director of Planning; Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Deb Edlund, Recording Secretary Pledge of Allegiance -- Roll Call I. APPROVAL OF AGENDA II. MEMBERS REPORTS III. MINUTES IV. DEVELOPMENT PROPOSALS *NOTE: THE TIMES LISTED BELOW ARE TENTATIVE, AND MAY BE SIGNIFICANTLY EARLIER, OR LATER THAN LISTED. (7:35) A. PRESERVE SOUTH, by BRW, Inc. Request for Planned Unit Development • Concept Amendment on approximately 18 acres, a Planned Unit Development District Review on approximately 18 acres with waivers, Comprehensive Guide Plan Change from Neighborhood Commercial and Open Space to Regional Commercial on 9.07 acres, Zoning District Change from Rural to C-Reg-Ser on 9.07 acres, and Preliminary Plat of 13 acres into 2 lots for construction of a 25,248 square foot theatre complex. Location: East of Highway #169, south of Medcom Boulevard. A continued public hearing. (8:05) B. CHASE POINT, by Crosstown Investors. Request for Comprehensive Guide Plan Amendment from Medium Density Residential to Neighborhood Commercial on 7.9 acres, Zoning District Change from Rural to Neighborhood Commercial on 2.78 acres, Preliminary Platting of 7.9 acres into 2 lots, 1 outlot with variances to be reviewed by the Board of Appeals for construction of a gas station, and daycare facility. Location: West of Shady Oak Road, north of the proposed City West Parkway extension. A continued public hearing. (8:40) C. COUNTRY GLEN, by Coffman Development. Request for Zoning District Change from Rural to R1-13.5 on 9.3 acres, and Preliminary Plat of 9.3 acres into 20 single family lots, 1 outlot, and road right-of- way. Location: South of Townline Road, west of Claycross Way. A public hearing. (9:10) D. OUTLOT A, CRESTWOOD 73, by Alex Dorenkemper. Request for Zoning District Change from Rural to R1-22 on 2.17 acres with variances to • be reviewed by the Board of Appeals, Preliminary Plat of 2.17 acres into 3 single family lots. Location: North of Deli Road. A public hearing. Agenda Monday, May 8, 1989 Page Two (9:40) E. VIKING PRESS, INC. EXPANSION, by Fortier and Associates, Inc. Request for Site Plan Review within the I-5 zoning district on 6.7 acres with variances to be reviewed by the Board of Appeals for construction of an addition to a building. Location: 7000 Washington Avenue South. A public hearing. (9:50) F. DENWAL FORD, INC., by Eden Prairie Auto Properties, Inc. Request for Planned Unit Development Concept Review and Planned Unit Development District Review on 16.93 acres with waivers, Zoning District Change from Rural to C-Reg-Ser on 10.28 acres, Zoning District Amendment within the C-Reg-Ser District on' 2.17 acres, Preliminary Plat of 16.93 acres into 1 lot and 1 outlot for construction of an auto and truck dealership. Location: North of Plaza Drive, south of Valley View Road, east of the Prairie View Shopping Center. A public hearing. y V. OLD BUSINESS VI. NEW BUSINESS VII. PLANNER'S REPORT VIII. ADJOURNMENT PLANNING COMMISSION "APPROVED MINUTES MONDAY, MAY 3, 1939 7: 30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COMMISSION MEMBERS PRESENT: Chairperson Julianne Bye, Richard Anderson, Christine Dodge, Robert Hallett, Charles Ruebling, Doug Sandstad COMMISSION MEMBERS ABSENT: Doug Fell STAFF MEMBERS : Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Deb Edlund, Recording Secretary PLEDGE OF ALLEGIANCE ROLL CALL: I . APPROVAL OF AGENDA 14OTinN: Sandstad moved, seconded by Ruebling to approve the Agenda as • published . Motion carried 5-0-0 . TI . MEMBERS REPORTS III . MINUTES MOTION: Ruebling moved, seconded by Sandstad to approve the Minutes of the April 24, 1939 Planning Commission meeting as published. Motion carried 3-0-2 . Anderson and Bye abstained. IV. DEVELOPMENT PROPOSALS A. PRESERVE SOUTH., by BRW, Tnc. Request for Planned Unit Development Concept Amendment on approximately 13 acres, a Planned unit Development District Review on approximately 13 acres with waivers, Comprehensive Guider Plan Change from Neighborhood Commercial and Open Space to Regional Commercial on 9 . 07 acres, Zoning District Change from Rural to C-Reg-Ser on 9 . 07 acres, and Preliminary Plat of 13 acres into 2 lots for construction of a 25,243 square foot theatre complex. Location: East of Highway 4169, s.outh of Medcom Boulevard . A continued public hearing. • Miles, Lindberg, representing the proponent, stated that the . 31 grade for Medcom Boulevard could be met; however, the the east entrance to the Auto Mall may have to be Planning Commission Minutes I May 8, 1989 closed . The entrance could not be accomplish without City cooperation. The buffer to the south had been revised based on the recommendation by the City Forester to leave the existing vegetation in place . The berm would be raised on the southeast and southwest corners . The high point of the berm would be 6 to 8 feet above the grade of the parking lot and approximately 10 feet above the existing grade . The proponent proposed to plant 8 to 10 foot high conifer trees along the southern boundary and provide additional landscaping in the island areas throughout the parking lot. The screening would consist of both earth berm and conifers . The eastern property line would have a berm approximately 2 feet above the pavement level with conifer trees, which should screen the headlights adequately from the residents. Uram reported that from a technical standpoint this otc-dect could be built . The question before the PI-annin,4 Commission was if a Comprehensive Guide Plan Change had been substantiated with the following considerations in mind: 1 . Was this a better use of the land? 2 . Was the transition adequate for the areas to the southeast and west . Ruebling '-sked what the height of the beritt to the east • would be from the street level to the top of the berm. Lindberg replied it would be appro:,:imately I feet higher than the parking lot, Ed Flaherty gave a slide presentation with the following points emphasized: 1 . Compared the various possible land uses, with the theatre providing the least intense use . 2. The issues of building ozientaLlon, buffering and screening, flooding, traffic, security, and theatre operations had all been addressed. 3 . There would be no special showing starting after 11 PM. 4 . There would be no day time use of the theatre . 5. A ticket would be required to gain access to the game room. Flaherty stated that the impact on the land related to the size of the area would be minimal . The change from Neighborhood Commercial to Regional Commercial would not have:: a negative impact on the area . He noted that in many coca mun!ties, theaters were designated Neighborhood Commercial . The impact to the residents would be minimal . The impact -to existing vegetation and topography of the land had been mitigated . Flaherty believed the project • would be the catalyst for the extension of Medcom Boulevard, which would be a posltive benefit to the existing neighborhoods and businesses . Flaherty concluded Planning Commission Minutes S May 3, 1939 by ;Mating that the Lariat Company had positively resolved every issue and had demonstrated that a Comprehensive Guide Plan change was appropriate . Bye asked if the parking lot would be able to be closed off after the last show. Flaherty replied that the possibility of closing off the parking lot had been investigated and it had been determined that this would create additional problems -related to police and fire access; to the property. Mark Pfister, 11029 Joy Circle, presented a new petition from the neighborhood to the southeast stating their opposition to the project. A major concern was the impact of the development on the water level . Pfister showed photo: of the water standing from just the minimal amount of rain in the previous two days . He said that the land was effected even by insignificant amounts of rainfall . Pfister did not agree with Flaherty°s statement that the project would not generate traffic in the residential area and added that with the extension of Medcom Boulevard he believed traffic to the residential area would increase . Charles Pufahl, 8560 Franlo Road, ;Mated that his property was one of the few which actually bordered the development . He stated that he favored the theatre • project. Pufahl noted that Eden Lake had always fluctuated. JoAnn Syverson, 11912 Joy Circle, stated that she did not believe that the noise levels would be mitigated by the berming and trees . She said that the doors slamming and the radios. playing from the cars would still be disturbing and that most of the noise would be late at night and on weekends . Syverson stated that she had been at a City Council meeting several months ago where an industrial development was, being considered next to a residential neighborhood and the Council limited the hours the company could operate the machinery as a consideration of the residents . She questioned why their neighborhood was not being given the ;game consideration. Syverson believed that the impact of this development on Eden Lake had not been addressed ,adequately and that the proponent had not proven justification for a Comprehensive Guide Plan Change . MOTION 1 Anderson moved, seconded by Ruebling to close the public hearing . Motion carried 6-0-0 . • Anderson stated that he believed this, proposal to be the best use of the land . He added that this had become a very ewotional issue . Anderson believed that there was Planning Commission Minutes 4 May 8, 1989 traffic noise currently from Highway 9169 and ;=wine increase in the area when the 4-lane road was constructed . He said that all the issues had been addressed by the proponent and he believed this to be the proposal which offered the least amount of impact to the neighbors. Ruebling stated that he concurred with Commissioner Anderson. Ruebling asked what the City's control Mould be if the theatre failed and the property would be used for another purpose which could be more intense than the theatre because of the proposed Comprehensive Guide Plan Change . Uram replied that the building could be converted to office use. Ruebling asked if the City would lose any control if another use was proposed. Uram replied that if another use were proposed, the proponent would have to come back to the Planning Commission. Bye asked Uram if the proponent would be required to come back to the Planning Commission if only the interior of the building were remodeled to accommodate another use . Uram replied that if only the interior of the building were remodeled, the, proponent would not have to come before the Planning Commission. Ruebling asked the proponent if an irrigation system would be provided . Flaherty replied yes. Hallett stated that he understood the neighbors concerns; however, .another proposal could have a more drastic impact on the vegetation ;and the land . Hallett believed that the proponent had been sensitive to the neighbors concerns and added that several changes had occurred in the plan clue to the neighbors involvement. Dodge believed that the project would be a nice development; however, she strongly believed in the Comprehensive Guide Plan and that the Planning Commission owed it to the residents to be able to rely on the: Comprehensive. Guide Plan designations . The hours, of operation were .also a concern for which the proponent could do nothing to change . Dodge was uncomfortable with the evening and weekend use. Anderson stated that the alternatives could be a 5--story office building or an apartment building which could be viewed by far more residents . Bye :Mated that Neighborhood Commercial would also generate evening and weekend noise and traffic and that any project which would be developed would impact Eden Lake . S andstad stated that the proponent had presented good arguments to substantiate a Comprehensive Guide Plan Planning Commission minutes 5 May 3, 1989 Change; however, he concurred with Commissioner Dodge that the present designation should be upheld and, therefore, could not vote in favor of the zoning change . Ruebling believed that the Comprehensive Guide Plan was important also, yet at times it was appropriate to be flexible . Ruebling stated that this was a close call and believed that this project had demonstrated that the process does take a project and increase its quality through suggestions from Staff, the Planning Commission, and the neighborhood . Ruebling stated that the proposed development would provide a lower intensity use than what was allowed in Neighborhood Commercial . Ruebling questioned how the City could enforce the starting time of the last show. Uram replied that it would be difficult to enforce; however, it could be a condition of the Developer 's Agreement . Ruebling asked what the consequences would be if the starting time were violated . Uram replied that this should be addressed by the City Attorney. MOTION 2: Anderson moved, seconded by Ruebling to recommend to the City Council approval of the request of BRIV, Inc. , for • Comprehensive Guide Plan Amendment from Neighborhood Commercial and Open Space to Regional Commercial on 9 . 07 acres for construction of a 25, 248 square foot theatre complex to be know as Preserve South, based on revised plans dated March 23, and May 5, 1989, traffic study dated April 12, 1939, subject to the recommendations of the Staff Reports dated February 24, April 7, and May 5, 1989 . Ruebling asked that a notation be made that based on the technical information received by the Planning Commission there would be no significant difference related to water run off . Motion carried 4-2-0 . Dodge and Sandstad voted "No" . T40TTON 3: Andt�rsan moved, and seconded by Ruebling to recommend to the City Council approval of the request of DRW, Inc. , for Planned Unit Development Concept Amendment on approximately 18 acres, for a 25, 243 square feet theatre complex to be known as Preserve South, based on revised plans dated March 213, and May 5, 1989, traffic study dated April 3, 1989, subject to the recommendations of the Staff Planning Commission Minutes 6 May 8, 1989 Rr_ports dated Febru,--ary 24, April 7, and 1-1„y 5, 1969 , motion carried 4-41-0 . Dodge and Sandstad voted "NO" . MOTION 4 : Anderson moved, seconded by Ruebling to recommend to the City Council approval of the request of BRW, Inc . , for Planned Unit Development District Review on approximately 13 acres, with waivers, and Zoning District Change from Rural to C-Reg-Ser on 9 . 07 acres, for construction of a 25, 243 square feet theatre complex to be know as Preserve South, based on revised plans dated March 23, and May 5, 1939, traffic study dated April 3, 1939, subject to the recommendationo of the Staff Reports dated February 24, April 7, and May 5, 1989 with the addition that the Developers Agreement include a commitment by the proponent that the starting time of the last show not start after 11 r-1,1 aril that at paid ticket be required to gain entrance to the game room. Bye requested that a specific time for the closing of the garite room be addressed prior to City Council review. Motion carried 4-2-0 . Dodge and Sandstad voted "NO" . MOTION 5: Ander---on movod, seconded bY Ruebling to recomiftf-�-cid to the City Council approval of the request of ERW, Inc. , fro Preliminary Plat of 13 acres into two lots for construction of a 25, 248 square feet theatre complex to be know as Preserve South, based on revised plans dated March 23, and May 5, 1989, traffic study dated April 3, 1939, subject to the recommendations of the Staff Reports dated February 24, April 7, and May 5, 1939 with the addition that the Developers Agreement include a commitment by the proponent that the starting time of the last show not start after 11 PM and that a paid ticket be required to gain entrance to the game room. Motion carried 4-2-0 . Dodge and Sandstad voted "NO" . B. CHASE POINT, by Crosstown Investors . Request for Comprehensive Guide Plan Amendment from Medium Density Residential to Neighborhood Commercial on 7.9 acres, Zoning District Change from Rural to Ucighborhood Commercial on 2 . 78 acres, Preliminary Platting of 7 .9 acres into 2 lots, 1 outlot with variances to be reviewed by the Board of Appeals for construction of a gas station, and daycare facility. Location: West of Shady Oah Road, north of the proposed City West Parkway extension. A continued public hearing. Planning Commission Minutes. 7 May 8, 1989 Franzen reported that the following issues h-ad bt.-en raloecl at the previous Planning Commission meeting: 1 . Traffic and how the traffic would be allocated to the undeveloped areas . 2 . What the land use would be for the outlot to the north and how the land to the south would be impacted. 3. Internal traffic circulation. 4 . Safe access to the daycare center for the children. 5 . Architectural continuity. Jim Ostensen, representing the proponent, presented revised plans which addressed the major concerns outlined by Staff . He stated that Super American and New Horizon had both agreed to use metal hip roofs . A landscape and architecture design plan had been submitted on the balance of the property. Chase Point would utilize 30, of the Reserve Capacity traffic allocation . The new road design had been approved by Benshoof & Associates . The parking lot for the daycare center had been redesigned to provide a sidev,ralk for direct access to the building for the children. Ostonsen believed that the proposed used were appropriate for Neighborhood Commercial zoning and added that both facilities would be servicing a need not provided in the near vicinity. Anderson asked how the daycare traffic flow would work . Ostensen replied that .a sidewalk had been provided along the west side of the property, allowing the children direct access to the facility without crossing traffic and the parking area ,along the east portion would be designated for employee parking. A cul-de-sac turn around had also been provided to enhance the traffic flow. Ruebling asked how many children would served by the daycare: center . Pon Peterson replied that the maximum enrollment would be 102 children with approximately 70 to 75% occupancy at any given time. Sandstad commented that he appreciated the, improvements made by the proponent for the safe access to the daycare center . Franzen reported that the proponent had addressed the major losues; however, there were still some minor details which would be worked out prior to the City Council review. Staff believed that the proposed method of allocation of traffic would be fair and equitable, with the Reserve; Capacity for the property to the north being 134 trips, . Franzen stated that if a Comprehensive Guide Plan Change was, considered for the property to the north it :should be predicated on traffic allocation, adequate transition being provided for the property to the west, Planning Commission Minutes 8 2-lay 8, 1989 and reftiaining t on:s.'istent with the City Codes , The developer should enter into an assessment agreement to pry for the Shady Oak Road upgrade and the City :should obtain legal control over the access to the Loosen property. MOTIOTd l ' Dodge moved, seconded by Sandstad to close the public hearing. Motion carried 6-0-0. 21OTION 2 Dodge moved, seconded by Sandstad to recommend to the City Council approval of the request of Crosstown Investors for Comprehensive Guide Plan Amendment from Medium Density Residential to Neighborhood Commercial on 7 .9 acres,, for construction of a gas station and a day care facility to be know as Chase Point, bared on revised plan: dated May 3, 1989, subject to the recommendations of the Staff Reports dated April 21, and May 5, 1989 . 2-lotion carried 6-0-0 . MOTION 3 . Dodge moved, seconded by Sandstad to recommend to the City Council approval of the request of Crosstown Investors for Zoning District Change from Rural to Neighborhood Camztierci,al on 2 . 73 acres, with variances to be reviewed by the Board of AppeaL_., for construction of a gas station and a day care facility to be }mown as Chase Point, based on revised ply;n;�, dated May 5, 1909, subject to the recommendations of the Staff Reports dated April 21, and May 5, 1989 . Motion c«atried 6-0-0 . MOTION 4 Dodgy: moved, seconded by Sandstad to recommend to the City Council approval of the request of Crosstown, Investor:= for Preliminary Plat of 7 .9 acres into two lots and one outlet, with variances to be reviewed by the Board of Appeal-, for construction of a gas station and a day care facility to be known a-- Chase Point, based on revised plans dated May 5, 1989, subject to the -recommendations or the Staff Reports dated April 21, and May 5, 1939 . Motion carried 6-0-0 . C. CnuNTR'' GLEN,, by Coffman Development. Request for Zoning Li:,trict Change from Rural to R1-13 . 5 on 9 . 3 acres, and Preliminary Plat of 9 . 3 acres into 20 single family lots, 1 outlet, and road right-of-way. Location: South of Townline Road, west of Claycross Way. A public hearing. Ron Bastyr, representing the proponent, presented plans. for 20 ,angle-family lot--- on 9 . 3' ,.��'rc:_., with Rl-13 . 5 Planning Commission Minutes 9 May 8, 1989 zoning. Two accesses would be provided; thu, major access coming from Townline Road, with the secondary access being the extension' of Claycross Way. The utilities would be. petitioned 100"d by the proponent . The homes would be constructed by custom builders, with an architectural review required on each home by a review committee . Uram reported that Staff recommended approval of the project based on the May 5, 1989 Staff Report recommendations. Pat Luech, 6381 Duck Lake Road, presented a letter to the Planning Commission addressing his concerns. . He said that the neighbor: had not been contacted by the proponent, lot lines had not been verified, and he questioned what the cost of the road improvements outlined in the proposed plat would be to the s.Piall property owner, such ,as. himself . Lueck requested that the project be delayed until the proponent had talked with the neighboring residents and given the residents an opportunity to have input to possibly reduce the financial impact of Glen Country Road. He believed that the proposed cul-de-sac would be too long . Doreen Seal, 6368 Chandler Court, stated that she would prefer to see the custom homes rather than apartment buildings . She questioned where the water would be directed from this project and would it impact her property. She believed the cul-de-sac would be tot, long. Chatham Way was, FA busy street currently with the speed of the cars increasing daily. Seal stated that :she would 1 the to see a play lot provided for the children of the neighborhood . Urair► noted that when a development was being proposed ,adjacent to vacant lots:, Staff suggested to the proponent to layout the area showing how the whole area could be: beet developed . He added that the project could proceed with or without neighborhood knowledge; however, he concurred that the proponent should meet with Mr . Lueck regarding the road extensions . Uram believed that the 550-foot cul-de-sac would be acceptable based on the City's intent to have a connection to Duck Lake Road . The original Townline Road would end in a cul-de-sac to the went of this project, directing the majority of the: traffic to Chatham Way. The ,additional traffic generation from this. development would be approximately 200 trips per day, which would be evenly distributed with the proposed road improvement in the area . Uram stated that a totlot had not been planned with this project, but suggested that the Part: & Recrcation Department review the area to determine if a totlot would be appropr i-ate . Planning Commission Minutes 10 May 8, 1989 K=jllett believed that it was. important fist the djeveloper to meet with Mr . Louch and inform him of the options available . Bastyr replied that he would meet with the owners of the properties to the west during the next week to discuss possible road alternatives . Bastyr stated that a continuance would hurt the project due to the time of the year and added that he would prefer if possible to work out the details with Staff . Anderson suggested a continuance for two weeks and publish this item for the City Council agenda for June 6, 1989 . Anderson believed there were valid reasons to consider a neighborhood meeting. Eye concurred with Anderson and added that she would like to review the project again after the road alignments had been clarified . MOTIOTI: Anderson moved, seconded by Hallett to continue the Public Hearing for 2 weeks and to place this item on the City Council Agenda for its June 6, 1989 meeting. Motion carried 6-0-0 . D. OUTLOT A. CRESTWOOD 73, by Ale.- Dorenkempez . Requr;;-�-t for Zoning District Change from Rural to RI-22 on 2 . 17 acres with variances to be reviewed b- the Board of Appeals, Preliminary Plat of 2 . 17 acres into 3 single family lots . Location: North of Dell Road . A public hearing. Alex Dorenkemper, the proponent, stated that the City had made a mistake in 1979 regarding his side lot, which had created a hardship case as addressed in his letter to the City. He believed that the City would now have the opportunity to correct its error by allowing the 3 lots to be platted. Dorenkemper added that at the time the project was originally proposed a blacktop road was located 20 feet from the Wilson property. Frznnzen rept--jrted that the rjropt--,,-.--ed plan wa-,--� :-j 2 . 17 parcel designated Rural, which wao outside tY(- MUSA Line , The same request had been before the Planning Commission and the City Council in 1979, and added that Staff 's position had not changed since that time . Franzen stated the following Staff concQrns : 1 . Utilities would not be provided, which were required with an RI-22 Zoning District . 2 . A lot line setback variance would be required. 4. Would it be possible to provide an adequate drainage and well system and would there be enough room for a backup 4 . Would this set a precedent? Planning Commission Minutes 11 may 8, 1989 Franzen stated that Staff recommended denial of the request based on the above concerns as identified in the Staff Report . . Bye noted that a letter dated May E, 1989 had been received from Corwin u Mary dean Davidson ,-addressing concerno related to this development. Anderson believed that setting a precedent at this time would be a mistake and, therefore, supported Staff 's recommendation. Ruebling asked when the other lots along Crestwood had been platted and why these lots were not platted at the same time. Franzen replied that the lots along Crestwood had been platted in 1973 and the proposed 3 lots had been designated as an outlot. Dodge asked what the purpose of the outlot had been. Dozenkerriper replied that when the plat had been approved he had dedicated the street to the City in 1973, the house had been built in June of 1973 and the plat approved in August. Dorenkemper added that he had been required to build the blacktop road. He did not believe that allowing the platting of these three lots would set a precedent . Ruebling asked how the other lots in the are were serviced by utilities . Franzen replied the lots had private wells. ,and sewer syo Lems. Ruebling azh.ed if homes could be constructed on the lots which had been platted. Franzen replied if the property were properly zoned, if the lots had street access, and if the home met with City Codes . Franzen noted that requirement had changed regarding drainage systems over the years and were now more restrictive than before: . Franzen said that when the subdivision had originally been reviewed the lot size was a minimum of 5 acres . When Crestwood Terrace was approved, as a tradeoff for lots smaller than 5 acres the: City required that the remainder of the undeveloped land be placed in ,a Land Hold Agreement to prevent the continuance of small lot subdivisions in thin area being developed before City sewer and water was available . Franzen noted that originally it was believed that utilities would be provided to the area within five years; however, the it will be approximately another 10 years before utilities would be available. Dorenkemper stated that if this were a new project he would not consider asking for platting . He agreed with the City's current policy; however, he had put in the blacktop road believing the lots would be platted . Dorenkemper said that he then was told he had to sign the Land Hold Agreement or the remaining lots along Crestwood would not be platted. He did not believe the City had Planning Commission Minutes 12 may 6, 1989 givers him a choice . Hallett asked Franzen to eyplain further the action taken by the Court . Joe Nilan, Assistant City Attorney, stated that this matter had started in 1968 with ct P-r-oliminary Plat for 90 acres with 113 lots being approved . In 1969 a Final Plat was approved for 26 of the 113 lots and then subsequently the proponent applied for a Final Plat for an additional 26 lots for which the City approved 19 lots . In exchange for the -approval of the 19 lots Dorenkemper agreed not to pursue further the development of any additional lots in the area, therefore, the reference to the Land Hold Agreement previously mentioned or until sewer and water were provided. In 1974 Dorenkemper made 3 separate applications to the City with proposals similar to the proposal tonight for which the City Council denied the requests . In 1977 a lawsuit was filed against the City. In 1979 Dorenkemper again made a similar application for the 3 lots and was again the request was denied by the City Council . Dorenkemper filed a malpractice suit against the attorney representing him. The results of the court action against the City reoulted in a determination by the Court that Dorenkerriper had waited to long to bring action and therc were not sufficient grounds to support the allegations . Dorenkemper then appealed the decision to the Supreme • Court in 1986, where it was determined that the lower courts decision should be upheld. Nilan stated that he did not feel competent to speak on whether the proposal should be approved or not . He added that one issue which had been raised was the sale of the property to Mr . Wil;a;on and tlit- construction of a home on the 2 . 17 acres in question. Wilson had than deeded bac], the 2 parcels in question tonight to Dorenkemper, which was nottd in the minutes of the July 1G, 1974 Planning Comniis:_,Ion meeting. Bye commented that the proposal should be judged on its merits today. Planning Commission Minutes 13 may 8, 1989 MOT IOU-1: Anderson moved, seconded by Sandstad to close the Public Hearing . Motion carried G-0-0. MgTTON_2 : Anderson moved, seconded by Sandstad to recommend to the City Council denial of the request of Alex Dorenkemper for Zoning District Change from Rural to R1-22 on 2 .17 acres, with variances to be reviewed by thu Board of Appeals, and denial of the request for preliminary plat of 2 . 17 acres into three single family lots, based on plans dated April is, 1989, based on the findings of the Staff Report dated May 5, 1989 . Motion carried 6-0-0. E. VTXTNO PRESS, INC. EXPANSION, by Fortier and Associates, Inc . Request for Site Plan Review within the 1-5 zoning district on 6 . 7 acres with variances to be reviewed by the loard of Appeals for construcLion of an addition to a building . Location: 7000 Washington Avenue South. A public hearing. Darrell Fortier, representing the proponent, stated that he concurred with the Staff Report. Franzen reported that Staff recommended approval based on the recommendations outlined in the Staff Report dated May 5, 1909 . Hallett asked what type of pedestrian walkway systems were being provided . Franzen replied that currently there were no sidewalks along Washington Avenue . The buildings for this project would be setback approximately 50 to 75 feet, which could allow for sidewalks to be constructed in the future in the road right-of-way. Hallett believed that the City had started a sidewalk system along Smetana Lane . Franzen replied that the trail was constructed from Southwest Crossing I to Cold Triangle Drive. Hallett stated that he would like the Park & Recreation Department to review sidewalks for this area in the future . Q&TIOU 1: Anderson moved, seconded by Dodge to close the Public Hearing . Motion carried 6-0-0. MOTION2 : Anderson moved, seconded by Ruebling to recommend to the City Council approval of the request of Fortier and Associates, Inc. , for Site Plan approval within the 1-5 Zoning District on 6 . 7 acres, witb variances to be reviewed by the Board of Appeals, for construction of an Planning Commis5ion Minutes 14 may 8, 1939 Ad dition to an e;risting structure, based on plans dated April 25, 1989, subject to the recommendations of the Staff Report date May 5, 1989 with the addition that the Parks, Recreation & Natural Resources Department review the trial movement for the area. Motion carried 6-0-0 . F . DENWAL FORD. INC. . by Eden Prairie Auto Properties, Inc. Request for Planned Unit Development Concept Review and Planned Unit Development District Review on 16 . 93 acres with waivers, Zoning District Change from Rural to C-Req- Ser on 10 . 28 acres, Zoning District Amendment within the C-Reg-Ser District on 2 .17 acres, Prelimin.;-:iry Plat of 16 .93 acres into 1 lot and 1 outlot for construction of an auto and truck dealership. Location: North of Plaza Drive, south of Valley View Road, east of the Prairie View Shopping Center . A public hearing. Don Brauer, representing the proponent, stated that this was the last remaining parcel to be developed as part of the Menards project . The pond would be moved according to the Watershed District and the DNR. One acre had been designated as a wetland area. Brian Cluts, architect for the project, stated that the display area for the cars had been confined to the front of the building, with the remaining cars being screened from site in all directions with berming and screening. The building would match in concept the earth tone brick of the Rainbow Center and Bakers Square . A blue canopy was proposed, which was typical of the Ford dealerships . Clut,-- proposed in the future to construct a truck and used car building. He stated that in concept the proponent concurred with the Staff Report; however, in reference to Item A, landscaping, the proponent would prefer not to take out the back row and add a five foot berm. The proponent believed the proposed berming would be adequate and needed the space for the cars in this area . In reference to Item B, lighting, the proponent would like to work with Staff related to the height and intensity of the lighting and added it was the proponents intent to have a secure parking lot, which would require higher intensity lighting. . Clut-1 stated that the proponent would submit a revised signage plan. Sandstad asked if the proponent had agreed to increase the size of the plant material as suggested in Item A related to landscaping. Brauer stated that the proponent would propose a shorter berm and add a fence to the top of the bezrii. Sandstad azl;ed if Staff had a suggested illumination level . Franzen replied that auto dealers typically did not want to create shadows in the lots and proposed 1000 watt fixtures . Staff was recommending 10 foot candles as Planning commission Minutes 15 May 0, 1909 an illumination level as compared with the 25-foot candles; on the proposed plan. Franzen noted that raven at 10 foot candles the project would be brighter than the Crosstown Racquet Club, which he believed to be very intense lighting. He added that Staff was concerned about making a lighting judgement and believed this should be reviewed by the Planning Commission and the City Council . Cluts added that the proponent had been working with a lighting consultant and there were 3 examples in the Twin Cities with a similar type lighting. Brauer believed that it war, important to remember that the lighting s,.as to light a display area and not a parking lot . The lighting would meet City requirements and would be clearly controlled and focused on what it was intended. S�andotad asked is the lighting would be at full illumination all night. Brauer replied that he was not aware of any dealer which turned down the lighting at night . Brauer added the lighting was part of the security aspect . Bye: commented that this would be very bright . Brauer added that the proponent was in the: process of getting ;sample soil borings and that based on the results of those test the building might have to turned and the site plan changed. Franzen reported that waivers through a PUD would be necessary for the project to proceed . The City has an ordinance: which limits the amount of outdoor display area to 10% of the building area and a second ordinance related to outside storage of 1 ton or greater vehicles . Franzen stated that this site would be suitable for Regional use . He noted that consideration should be given to how much of the site would be visible and added that the Site Plan relied heavily on plant material, to screen the: carp. . Franzen said that Staff would look into the suggestion made by the developer to use a fence on top of the berm. The Topview area would have some view into the project . Franzen believed that it was important to take a close look at this project because it was the first of its type in Eden Prairie and what was approved on this site would become the standard for future ,auto dealerships . staff was, concerned about the appearance of the project because of the visibility from Highway #5, major corridor . For these reason: he felt that it would be more appropriate for the Planning Commission and City Council to determine screening, lighting, signs, ,and flay use. The design of the project with heavy screening .and controlled lighting signs and flags could be a tradeoff for the PUD waivers . Franzen added that information was not available for exact right-of-way requirement for Highway 5 and Highway 212; • however, the City Engineering Department estimated a 25 to 30 foot right-of-way would be necessary for future highway development in the: area. . This would required the site Planning commission Minutes 16 May 3, 1969 • plan to be ch.-:inged. Hallett stated that he would like the project to be as conservative as possible . A standard needed to be set and he did not believe it was necessary for a lot of flags and intense lighting. Hallett did not want to see the types of car dealerships like the ones, along the 494 corridor . He encouraged Staff to be conservative and to set high standards . Anderson stated that he also had reservations; however, the appearance of car dealerships seemed to be, changing . Anderson asked what type of outdoor requirement did Bloomington have . He suggested that staff talk with other communities and visit the Acura dealership in Broo;.lyn Park . Ei au t indicated that the pioJect would be screened by fencer on three sides and added that we live in a suburb which was dependent on cars and, therefore, believed this to be an appropriate land use . Brauer noted that the filling of this property needed to be done very carefully ,and would talc a long time to accomplish. Bye :Mated that she sensed that the Planning Commission was: not ready to take action tonight and added that she • would like to see the following i..L� eo addressed : 1 . How will the neighbor: be impacted . 2 . Marc detail provided for lighting and :screening. J . Specific signage requiremeritS outlin::,d . (laid not want to see balloons and flags) . 4 . Used car sales not be allowed . 5. Provide: right-of-way for Highway U12. Sands,t,ad asked the proponent to inveztigate hiring a security guard rather than having the intense lighting ,after 10 Pei. Hallett suggested checking out examples of high image and well screened dealerships outside of the St,a.te and what their requirements were . Anderson stated that he would like the project to look aE, little like a car dealer—ohip as possible, he wanted the project to look unique. MOTION Dodge moved, s:u-conde,d by ^._atadotad to continue this iteial for 30 d.=ay=• . Motion C rrled 6-0-0, V. OLD 1EUSII4E,a, VI . NEW BUSINESS Planning Commi:-lion Minutes 17 MZ(y 8, 1989 VI I . PLANNER ' S REPORT VIII . ADJOURNMENT MOTION: Hallett moved, seconded by Dodge to adjourn the meeting at 10 : 30 PM.