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.