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Planning Commission - 06/13/1988 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, June 13, 1988 7:30 p.m. COMMISSION MEMBERS: Chairman Julianne Bye, Richard Anderson, Christine Dodge, Doug Fell , Robert Hallett, Charles Ruebling, Ed Schuck STAFF MEMBERS: Chris Enger, Director of Planning; Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Sue Anderson, Recording Secretary Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA II. MEMBERS REPORTS III. MINUTES IV. DEVELOPMENT PROPOSALS (7:35) A. FAIRFIELD, by Tandem Properties. Request for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 49.5 acres and from Industrial to Low Density Residential on 24.4 acres, Planned Unit Development Concept Review on 148.2 acres, Planned Unit Development District Review with waivers from the Code for street frontage and lot size on 148.2 acres, Zoning District Change from Rural to R1-9.5 on 92.7 acres and from rural to R1-13.5 on 53.6 acres, Preliminary Plat of 148.2 acres into 367 single family lots, 28 outlots and road right-of-way, review of an Environmental Assessment Worksheet for construction of a residential development. Location: West of County Road 4, southeast of the Minneapolis and St. Louis Railroad. A continued public hearing. (8:35) B. FREEBURG ADDITION, by Clayton Freeburg. Request for Preliminary Plat of 2.84 acres into 3 lots with variances to be reviewed by the Board of Appeals within the R1-22 Zoning District. Location: 7010 Willow Circle Road. A public hearing. (9:05) C. BARTH ADDITION, by Bill Barth. Request for Preliminary Platting of 1.55 acres into two single family lots within the R1-22 Zoning District. Location: 16481 Hilltop Road. A public hearing. (9:15) D. NEILL POINT, by John B. Bergstad. Request for Preliminary Platting of 9.1 acres into 1 lot. Location: South of Anderson Lakes Parkway, north of Neill Lake, west of Center Way extension. A public hearing. (9:30) E. DATASERV by Opus Corporation. Request for PUD Amendment Review on 17.4 acres, Planned Unit Development District Review on 17.4 acres with a waiver for office use up to 100% within the I-2 Zoning District, Zoning District Change from Rural to I-2 on 7.4 acres and Preliminary Plat of 17.4 acres into 1 lot for construction of additional parking spaces for the Datasery Headquarters. Location: South of Technology Drive, east of Prairie Center Drive. A public hearing. Agenda Eden Prairie Planning Commission Monday, June 13, 1988 V. OLD BUSINESS VI. NEW BUSINESS VII. PLANNER'S REPORT VIII. ADJOURNMENT *NOTE: THE TIMES LISTED ABOVE ARE TENTATIVE, AND MAY BE SIGNIFICANTLY EARLIER, OR LATER, THAN LISTED. MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JUNE 13, 1988 City Council Chambers 7:30 PM MEMBERS PRESENT. Chairperson Julianne Bye, Richard Anderson, Douglas Fell,Charles Ruebling. MEMBERS ABSENT: Christine Dodge, Robert Hallett, Ed Schuck. STAFF PRESENT: Michael Franzen,Senior Planner; Don Uram,Assistant Planner;Sue Anderson, Recording Secretary. Pledge of Allegiance-Roll Call I. APPROVAL OF AGENDA MOTION Motion was made by Fell and seconded by Ruebling to approve the agenda as printed. Motion carried 4-0-0 • II. MEMBERS REPORTS None III. MINUTES Minutes from previous meetings were not available for review IV. DEVELOPMENT PROPOSALS A. FAIRFIELD, by Tandem Properties. Request for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 49.5 acres and from Industrial to Low Density Residential on 24.4 acres, Planned Unit Development Concept Reviews with waivers from the Code for street frontage and lot size on 148.2 acres,Zoning District Change from Rural to R1-9.5 on 92.7 acres and from Rural to R1-13.5 on 53.6 acres, Preliminary Plat of 148.2 acres into 367 single family lots, 28 outlots and road right-of-way, review of an Environmental Assessment Worksheet for construction of a residential development. Location: West of County Road 4,southeast of the Minneapolis and St. Louis Railroad. A continued public hearing. Proponent updated Commission on the changes made per the recommendations by Staff,such as eliminating the lots around the ponding area, providing an access into the park from the south,combination of driveway and cul-de-sacs, lots with less than 8000 sq.ft.were enlarged, collector roads were changed, and a tree survey had been submitted. Proponent did meet with the neighbors per Staff's recommendation. Approximately 20-25 residents were there and the main concern was the increased traffic on Cty. Road 4. Eden Prairie Planning Commission Meeting June 13,1988 Page 2 . Anderson inquired about the decreased acreage to the cemetery dedication. Proponent replied that it was only a couple of tenths of an acre that would be affected,and the cemetery people were contacted and they are in agreement. Bye inquired as to the status of the noise assessment with regard to the railroad. Proponent replied it would be done at the end of the week. Franzen stated that-the noise assessment would determine the house setback, berming, and planting. In Cardinal Creek area, a 12'noise berm was constructed. Staff did receive the tree survey data on Tuesday,and with the site plan and size of houses they could now calculate tree loss. Most of the changes made were n response to the Staff report. Regarding traffic, he felt that it may be higher than they anticipated on the east- west collector,and if so,they would require more cul-de-sac's instead of direct driveway access for safety reasons. Fell inquired if light rail transit was being discussed in this area. Staff responded it was north of this project. Bye asked what portions of the development could be developed now. Franzen replied that Phase I could be developed, once information from the Southwest Area Study was available on sewer,water, roads and storm sewer which would give Staff the technical information for ordinance review on preliminary plat. Concept approval with stipulations on lot sizes, land use and general road layout could be approved, however a phasing plan must wait until the entire study is done. MOTION Anderson moved and Fell seconded to continue the public hearing on Fairfield to the July 16, 1988, Planning_Commission meeting, pending receipt of additional information • from the proponent. Motion carried 4-0-0. B. FREEBURG ADDITION, by Clayton Freeburg. Request for Preliminary Plat of 2.84 acres into 3 lots with variances to be reviewed by the Board of Appeals within the R1-99 Zoning District. Location: 7010 Willow Circle Road. A public hearing. Clayton Freeburg reported on the ten year history of attempting to subdivide the property owned by his parents and sister to create a third lot. He spoke of the court hearing whereby they were instructed to go through the City's process for subdividing. He felt because he was not asking for a building permit he should not be required to submit utility, grading,and house specifications at this time. His attorney advised him to get written instructions from the Planning Staff, as well as detailed description of ordinance requirements. Freeburg spoke of their intention that the family all live together in the area. They were not subdividing to build homes to sell. Uram reported that this proposal has been held up due to lack of 1) general description of the proposed request,2) 12 variance requests, 3) data on shoreland ordinance and floodplain restrictions, 4)tree loss survey, 5)wetland, creek and pond data, 6) easement locations and what type they are,and 7)specifications of existing and proposed utilities. Uram stated Staff needed this information to make a determination if the proposal was within City Code requirements. He stated that the City was willing to assist Mr. Freeburg in explaining the process as written in the Development Procedures and Requirements. Uram stated that the part of the confusion in the past was that the County subdivided this • land into two tracts. Tract A was the parents home,and Tract B the sister's home. The Court ruled that this was invalid and the City only recognizes one lot. The lots as Eden Prairie Planning Commission Meeting June 13,1988 Page 3 proposed meet the minimum requirements of Ri-22 Zoning District except for frontage • requirements on a public street. Freeburg has not provided substantiation for the shoreland variances he would be requesting. Freeburg commented that the other homes in the area were not required to meet these same specifications. Uram responded that the present shoreland ordinance and requirements were not in effect at that time. The ordinances which are now in effect have to be complied with or variances granted. Uram continued that the Staff was concerned with compatibility with other lots in the area. The average lot size of the existing lots was 60,000 square feet.,while the proposed lots, if subdivided, would average approximately 41,000 sq.ft. Freeburg asked the Planning Commission to determine if this was an appropriate proposal for granting a subdivision. Stu Nolan, 7020 Willow Creek Road, stated he lived adjacent to the property and felt this would impact him, and he was concerned about the drainage,the sewage and where the house would be located. He wanted to have a better understand of what the result would be. Ruebling inquired how many met the requirements of the shoreland ordinance in the area. Uram responded by explaining that this land was platted in 1949 and the shoreline ordinance was adopted in 1982,so none of the lots platted were in conformance. Raynelle Perkins, Willow Creek, asked about the sizes of the other lots and spoke of the families intent to keep the area aesthetically pleasing. They had no intention of clearing the trees, etc. • Estelle Knutson, 7120 Willow Creek, stated that the people in the area would all like to subdivide their lots and have their family with them to enjoy the beauty and share the shoreline. Several years ago 40 feet of shoreline were leased to a neighbor in the rear who did not have shoreline privileges, and there was great controversy. She felt to protect the area and keep the cove area safety,the additions must be limited. Uram stated that the minimum additional information that Staff must require would be the 1) 50 foot building pad, 2) overall grading plan, 3) utility location and the location, and 4) sizes and locations of significant vegetation. Jim Perkins,Willow Creek, stated the family was interested in maintaining Bryant Lake. He has lived there for 25 years and their shoreline is still wild. They recognize their responsibility to protect the resources of the area. Freeburg concluded that he would like a continuance. He was not aware his variance requests were to be made in writing. He thought he could get preliminary approval before he went to Board of Appeals. Uram stated that the Staff needs the variance identification and substantiation in writing. He would go to Board of Appeals after 1 st Reading of City Council approval. Bye instructed Staff to provide Freeburg's attorney with another copy of Procedures and Requirements. Uram asked Commission for direction on Freeburg's behalf. Fell stated that complete information was vital,and to comply with Item 4 in Conclusions on Page 5 of Staff Report regarding lot size and reducing the-number of variances would be his recommendation. i Eden Prairie Planning Commission Meeting June 13,1988 Page 4 Anderson stated he understood the purpose of this request, however there was good • reasons for the new laws. Ruebling asked if all the lots in the area followed the same guideline. Uram responded that when new proposals are reviewed,they follow ordinance requirements. Bye felt the least number of variances proponent comes in with,the stronger the proposal. MOTION 1 Anderson moved and seconded by Ruebling to close the public hearing. Motion carried 4-0-0 MOTION 2 Anderson moved and seconded by Ruebling to return the item to the proponent, directing Mr. Freeburg to provide the necessary information for complete review of the proposed subdivision by the City. Motion carried 4-0-0 C. BARTH ADDITION. by Bill Barth. Request for Preliminary Platting of 1.55 acres into two single family lots within the Ri-22 Zoning District. Location: 16481 Hilltop Road. A public hearing. Bill Barth, proponent, presented his proposal to subdivide his lot. He was not intending to build on the lot, but rather sell once subdivided. He stated he did not submit the storm water run-off and erosion control plans because he did not feel it was his responsibility to • inform the-City,who has arr-Engineering Department,where the water comes from. Uram stated that the plans are subject to the conditions that a storm water pipe does exist, as erosion may occur in the future. The outlet must be rip rapped and a 20 ft.natural area be left along the west property_line; and revision of the grading plan to route any drainage from flowing over the top of the proposed retaining walls. Bye inquired to Staff if Mr.Barth could get the storm water run-off information from the City,and Staff responded that if the City has the information, it would be available to the proponent. Shirley Rivkin, 16555 Hilltop Road, stated there was pipe between the properties and the water comes from Cty.Road 1 every time it rains. She was concerned that the amount of water was a danger. A child could drown it was so deep. She inquired as to why this open pipe was never upgraded as promised. Uram reported that the City Engineer did inspect the area and upgrading was not necessary with this development. For an overall storm water run-off plan, the neighborhood would have to request a study and then they would be assessed for the cost of the study and any improvements. Fell inquired if a different house is built than anticipated,will a new soil test be required. Uram stated that this proposal will not be graded at this time. MOTION 1 Ruebling moved and Anderson seconded to close the public hearing. Motion carried 4-0-0 • Eden Prairie Planning Commission Meeting June 13,1988 Page 5 MOTION 2 • Ruebling moved and Anderson seconded to recommend to the City Council approval of the request of Mr.Barth for preliminary plat of 1.55 acres into two single family lots within the R1-99 Zoning District, based on plans dated May 26, 1988, subject to the recommendations of the Staff Report dated June 10, 1988. Motion carried 4-0-0 D. NEILL POINT, by John B. Bergstad. Request for Preliminary Platting of 9.1 acres into 1 lot. Location: South of Anderson Lakes Parkway, north of Neill Lake,west of Center Way extension. A public hearing. _ John Bergstad, proponent; presented the preliminary plat as a more appealing design than originally proposed in 1981. It was discovered that there was a property line straddling the buildings, and that needed to be removed to link the buildings together. Franzen reported that Staff was recommending approval subject to a revised drainage and utility easement,and plans for a deceleration lane for entry into the site from the eastbound lane of Anderson Lakes Parkway. Fell inquired if they are allowed to do grading prior to plat approval. Franzen responded since the site was already zoned,a grading permit was issued. Roger Asplin, 8945 Preserve Blvd., stated he was east of the property, and his back door was just about on the property line. He was concerned about the trees and how much would be removed for the building, Franzen stated that the wooded area was staked with a snow fence to save trees along the west property,line. The building was also moved farther east than the approved plan • which also would save more trees. MOTION 1 Fell moved and seconded by Ruebling to close the public hearing. Motion carried 4-0-0 MOTION 2 Fell moved and seconded by Ruebling to recommend to City Council approval of the request of John B. Bergstad for preliminary plat of 9.1 acres into one lot, based on plans dated May 19, 1988, subject to the recommendations of the Staff Report dated June 10, 1988. Motion carried 4-0-0 E. DATASERV, by Opus Corporation. Request for PUD Amendment Review on 17.4 acres,Planned Unit Development District Review on 17.4 acres with a waiver for office use up to 100%within the 1-2 Zoning District,Zoning District Change from Rural to 1-2 on 7.4 acres and Preliminary Plat of 17.4 acres into 1 lot for construction of additional parking spaces for th Datasery Headquarters. Location: South of Technology Drive, east of Prairie Center Drive. A public hearing. Commissioner Fell stated he would abstain from discussion on this project. Bob Worthington, representative for the proponent, presented the proposal and stated there was now questions of fact regarding traffic before a final solution could be made. He reported that Datasery had been in the existing building for three years and intended . to expand on the southern side to 60-100,000 square feet for office and showroom. It was decided that this expansion would be spread over the city where they maintain Eden Prairie Planning Commission Meeting June 13,1988 Page 6 property and the Eden Prairie location would become the headquarters, and felt they had • a sufficient parking area to handle this. Proponent requested a continuance for thirty days so they could do a more in depth evaluation of the amount of office, and number of employees they could accommodate and be in compliance with the traffic study. They would be retaining consultants for this and anticipate they would be ready the first of July. Anderson inquired if they were considering the new Hwy. 212 intersection in their plans. Proponent responded that are aware of the designs. Anderson asked Staff what the traffic study reflected in that area. Franzen replied that in general traffic needed to be reduced during 5-6 PM, as recommended in the BRW Traffic Study. He suggested a meeting with Opus,Datasery and BRW to look at ways of reducing the peak hour traffic one of which may be a traffic management plan to be implemented by Dataserv. MOTION Anderson moved and seconded by Ruebling to continue the public hearing to the July 11, 1988, Planning Commission meeting, directing the proponent to present additional traffic information and a traffic management plan which would bring the proposed use of the building into conformance with the BRW 1985 Traffic Study. Motion carried 4-0-0 VII. PLANNER'S REPORT Franzen reported that revisions are being contemplated in the City Code which would require all buildings, public or private,to go through a site plan review process of public hearings before the Planning Commission and City Council. • VIII. ADJOURNMENT Meeting adjourned at 9:45 PM.