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Planning Commission - 04/14/1980 AGENDA EDEN PRAIRIE PLANNING COMMISSION MA&l n n v +�n.... . . . .,.._ 11%r.aun 1 , A RIL 1 N, 1 98U- 7:30 PM, CITY HALL PLANNING COMMISSION MEMBERS: Chairman William Bearman, Liz Retterath, Grant Sutliff, Matthew Levitt, 4irginia Gartner, George Ventley, and Hakon Torjessen STAFF MEMBERS: Chris Enger, Director of Planning Jeanie Ohnsorg, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL I. APPROVAL OF AGENDA. I? . APPROVAL OF MINUTES OF MARCH 24, 1980 III . MEMBERS REPORTS IV. DEVELOPMENT PROPOSALS A. TIMBER CREEK, by B-T Land Company. Request for Planned Unit Development approval on 150 acres for 136 single family, 166 Townhome units , and parr and open space uses. A continued public heaaing. B. CHERNE PUB & REZONING, by Lloyd Cherne. Request for PUB con- cept approval on 66 acres for office, industrial , and multiple residential uses; and rezoning and platting 5.5 acres from Rural to I-2 Park for construction of an office/warehouse building. Located south of Tudor Odks and west of U.S. 169, A continued public hearing. C. BRAUN' S FASHIONS, INC. , by Rauenhorst Corporation. Request to rezone from Rural to I-2 and preliminary plat 9.95 acres into I lot and 1 outlot. D. NORTHERN STATES POWER COMPP,% I , request for PUD Concept approval In order to construct a NSP substation upon 12 acres zoned I-2. E. GONYEA, PUD, request for PUD Concept approval for 37 acres for Duplexes, elderly horsing, offices, and restaurant uses. V. OLD BUSINESS V1. NEW BUSINESS VII . PLANNER'S REPORT ti`III. ADJOURNMENT t as T\11ITI_/� EDLN PRAIRIE PLANNING COMMISSION approved Monday, April 14, 1980 7: 30 PM City Hall COMMISSION MEMBERS) PRESENT: Chairman William Bearman , George Bentley, Matthew Levitt, Virginia Gartner, Liz Retterath , and Grant Sutliff COMMISSIONV MEMBERS ON LEAVE OF ABSENCE: Hakon Torjesen STAFF MEMBERS PRESENT: Chris Enger , Director of Planning Jeanie Ohnsorg, Planning Secretary I . APPROVAL OF AGENDA. NOTION: Retterath moved, Bentley seconded to approve the agenda as submitted. Motion carried 6 - 0. II . APPROVAL. OF T:;E MINUTES OF MARCH 24, 1980 C!­. ections : Page 1 fourth motion should state that it carried 6 - -l. Same page second to last paragraph the word "aliminated" should be "eliminated" . wage 2, paragraph 2 "Levit" should be spelled "Levitt" . Page 4, first paragraph the words "would be" should be added to the first sentence. MOTION: Retterath moved, Sutliff seconded to approve the minutes as corrected. Motion carried 6 - 0 III . MEMBERS REPORTS NONE IV. DEVELOPMENT PROPOSALS A. TIMBER CREEK, by B-T Land Company. Request for Planned Unit Development approval on 150 acres for 136 single family, 166 Townhome units, and park and open space uses, A continued public hearing. ` Jac C 'Lynch„ Bather, Ringroase, Woldsfetd, Jarvis , gave a brief ' - Wpresentation exOTAining the changes in the development croposals. ~1"! W IRM�wer the staff report dated April 9. 1980. t = Levitt inquired about the density of this project. f i Planning Commission Minutes -2- April 14, 19$Q The Planner went over the various ways to loots at the density of this project. He explained that the overall gress density of this project is 1 .69 unite/acre. Bentley inquired what type of vegetation there is an this site, and if any plans were made for vegetation preservation. The Planner explained that the s6u 41:hern site had a mixed hardwood forest. The townhom. lots would he:e to be We larger if portions of the woods were to be preserved. Bentley inquired what type of construction, if any, was allowed in the conservancy zone. The Planner replied that the Conservancy line was a 'no build' line beyond which there should be no grading, cutting of vege- tation or building construction. Retterath inquired about the encroachment into the flood plain. Lyr±ch replied that there will be no building within the flood plain but, that the proposed single family home lot lines in the southern portion of this projectwil i extend into the flood plain. Levitt inquired if it were possible for the two cul-de-sacs in the northern section of the southwestly portion of this site to he connected to form a through road. The Planner stated that because of substaintial grade change betweer these two cui -de-sacs it would not be possible. Levitt inquired how residents other than those who will live itii the proposed project w l obtain access to the parks. The Planner replied that the parks are adjoining existing developmrent. Because of very round-about road systems only the central 1/3 of the subdivision will have direct access to the - northern park. The balance of the existing residential area could benefit from access easements which the City may choose to negotiate. Levitt stated that he feels the townhomes are screened well from the existing single family hones with the exception of those in the north and stated that he feels something should be dance to screen, than as Mel i . Paul Choiniere, 15619 North Eden Drive, stated that he felt the park areas should be designed so they can he used for winter acitivities as well as summer ones. He statj that most parks are bill fields or ttnnis courts and the chiidern no longer have a place to slide in the winter. He also stated that he does not feel the lots Should encroach into the flood plain. Pik* Ratter, 6W Ra i nbo+: Drive, s to ted that he fe 1 t before any tym of develcpwt was done on this site sao type of fold atWovownts should be done on Townl ine Read. Planning Commission Minutes -3- April 14, 1990 The Planner stated that the City has requested that the developer pave Townline Road to his western boundary at the -�r 'ev to f t� e pment o he northern parcel . He also stated that the City is continuing to work with Minnetonka and Hennepin County to develop a program of contruction for improvement of Townline Road. Greg Beauvais, 15724 Park Terrace Drive, stated that he also is concerned about the park access to retiderts other than those which will live in the proposed development. , Steve Stensgaard, 6544 Eden Prairie Road, stated that he would like to see the townhb mes completely removed from this project. Paul Brown 17100 Duck Lake Trail , inquired about the access to County Road 4. The Planner stated that Hennepin County had reviewed to site lines for this access and felt, with widening on both sides of the road for by-pass , acceleration and deceleratiop lanes , the access would be safe. MOTION: Bentley moved, Gartner seconded to close the public hearing. Motion carried 6 - 0. MOTION: Bentley moved to recom,, nd to the City Council approval of the Planned Unit Development Concept illustrating 253 total residential units per the plat dated 3-24-80, per the recommendations of the staff report dated 4-9-80. Bearman relinquished the chair to Retterath, and seconded the motion. Motion tied 3 - 3. (Bentley, Bearman, and Levitt voting aye) (Zetterath, Gartner, and Sutliff voting nay) MOTION: Bentley moved,, Gartner seconded to recommend to the City Council approval of the E.A.N. for the Timber Creek property. Motion carried 6 - 0. Searman reassumed the Chair. S. CHERPE PUB & REZONING, by Lloyd Cherne. Request for PUB con- cept approval o acres for, office, industrial , and multiple residential uses ; and rezoning and platting 5.5 acres from _- - Rural to I-2 Park for construction of an office/warehous - building. Located south of Tudor Oaks and west. of U.S. 169. A continued public hearing. Phil Pescola, Design Management . gave a brief presentation on the project explaining the building structure and its proposed use. The Planner went over the letter from Rr+rmel-Srmalby dated 3/5/80 end the staff report dated 4/11/80. --_ y Planning Commission. Minutes -4- April 14, 1980 Bentley inquired about the projects access and road systems. Pescola stated this development would in the future have its permanent access on 169 but for the present it would be obtaining temporary access on Schooner Boulevard through Tudor Oaks. Bearman inquired if Mr. Cherne was planning to convert this building fro^: ^:anufacturing to office ire the future. Pescola stated that due to the type of structure that would have to be built for manufacturing, the building would not be suitable for office in the future. Therefore Mr. Cherne has decided against changing to office. Levitt stated that he did not feel that a manufacturing plant was a good use for this site. 8aarman asked for audience comments , there were none. MOTIntl: Levitt moved, Gartner seconded to close the public hearing. Motion carried 6 - 0. VZTiON: Levitt moved, ketterath seconded to recommend to the City Council denial of the rezoninq request from•, Rural to 1-2 Park and the P-U.D. as proposed because the use is inconsistant with the 1979 Comprehensive Guide Plan and the Ma.ior Center Area P.U.D. Motion carried 6 - 0. MOTION: Levitt moved, Gartner seconded to recommmend to the City Council denial of the preliminary platting because the use is inconsistant with the 1979 Comprehensivc Guide Plan and the Major Center Area PUD. Motion carried 5 - 0. MOTION: Levitt moved, Retterath seconded to table the E.A.W. for the Cherne property. Motion carried 6 - 0. C. BRAUN' S FASHIONS INC. , by Rauenhorst Corporation. Request to rezone from Rural to I-2 Park and preliminary plot 9.9 acres into 1 lot and 1 outl of Bearman relinquished the chair to Retterath. _ -- -- Bob Worthington, Rauenhorst Corporation, gave a presentation explaining the type of wilding planned for this site and the amount ofi this building proposed for office and the amount pro- pnsshlf for we ehousse. He e exp.1.wsiiiic'+ iiVw� ♦i.li 04 %M vS 1 V re co - responds with Valley View Road, t4 developments parking end loading area, aid the screening planned for this site. The Planner gent over the recommendation of the staff report dated 4-11 -80 and the letter from Hennepin County Transportation Oepartuant dated 4/9/80. Levitt inquired how this development would obtain its second access. Planning Coamission Minutes -5- April 14, 19M The Planner stated that there is a possibility that the Braun's development could, provided they had co-operation from the LeParc development to the north, obtain a second access thr vigh the LeParc site to Shady Oak goad. Bentley inquired how much of the hill would be graded and if the proponent had considered the possibility of bui 1 di ng in- to the hill . Worthington stated that Brain's is planning to bring the hill from an elevation 934 to an elevation of 882 ( a total of 52 feet of cut) and use this cut to fill the western portion of the site which is low at this time. He alsc Mated that be- cause of the bui 1 di ng% use, building into the hill would riot be possible. Sutliff inquired if ifs possible for Braun's to co-operate with Hennepin County in the the developwnt of Valley View Road in the area of grading. The Planner stated that the City has talked with Braun's and are planning to work out sor.e type of an agreement as to what they should be expected to do. . - ..., liette� r a' h is c for audience cots. Inrman inquired how much :ruck traffic this dowel nip t (could have and at what time of day would the traffic occwr. Mr. Braun, Braun's Fashions, stated that there would be approxi- mate iy 20 trucks servicing this building a day, most of which would cone between the hours of g:OOam ana 1 : 30pm. He also stated that there vrauld 6�� no truck traffic at all after 4:30. Beaman stated that he felt that something should be done to pro iect the surrounding residents from pol l ut i o�srs and dust during development of this project. NOTION: Bentley moved, Gartner secOW-clod to continue the Paun's public hearing to the April 289 1980 merting. Notion carried 3 - 2 - 1 . (Bentley, Got r, and Sutliff voting aye) (Levitt and Retterath voting nay) (Seamen abstaining) D. NORTHERN STATES POWiR COMPANY, Request for PUD Development ',.cage approval in order to construct an N.S.P. substation i,pvi 12 acres zoned i-[ Pdrk. A pubiic 1mring. Don Chimell N.S.P. , gave a brief presentation of what they are planning to buil:J. He explained what type of materials they are, planning to use and the location of the proposed sostati on.Keith Webroan, Landscape Architect, gave a brief presenta- . tion on the landscaping planned for 3creenin9 the svbsta- tion from surrounding sites and higlways. Planning Commission Minutes -6- April 14, 1980 Bentley inquired about the radius of curvature for emergency vehicles utilizing the substation access road. Don Chimiel explained that the radius was planned to accommo- date a semi-trailer Levitt inquire why the proponent chose Eden Prairie for it substation location. Chimiel replied that this location in Eden Prairie was an ideal location because of the -intersecting of two main power lines on this site. Retterath inquired about the height and visabi l ity of the timber walls. Wehrman stated the timber walls were utilized only to supple ment the earth berms where they were not high enough. The wall would range in height between 2 and F feet and in one small area would be nine feet. Walter Carpenter, Carpenter-Taylor Mfg Co. , 1300 West 78th Street, inquired about the type of building material . Chimiel stated that the substation itzelf would be 'architectural steel poles. Paul Anderson (legal counsel representing Calvin Anderson) went over the concerns of his letter dated April 14, 1980. James Vanwinkle, representing Foto Mark Inc. , stated that because of easement demands on the Foto Mark property already granted to N.S.P. it is impossible for Foto Mark to expand to the north or east at the present time. He stated that if N.S.P. builds their substation on this proposed site, it will call for an additional easement on the north portion of the Foto Mark property making -0e remainder of t..e of their build- able land virtually useless. The Planner went over the recoim endations of the staff report dated 4-9-80. MOTION: Retterath moved, Gartner seconded to continue the public hearing on K.S.R. to the April 2L , 1980 meeting. After Commission discussion Retterath withdrew-,.her motion. MOTION: Bentley moved, Sutliff seconded to recommend to the City Council approval of the Ncrthern Stated Power Companys request for Planned Unit Development Stage approval for an N.S.P. El ectri ai Substation according to tke plans dated 4--14-80 per the recommendations - of the staff report dated 4-9-80. Motion carried 4 - 2. (Retterath and Gartner voting nay) . Planning Commission Minutes 4- April 14, 1980 E. GONYEA, PUD, request for PUD Concept approval of 37 acres for duplexes , elderly housing, offices , and restaurant uses. John Uban , Howard Dah'igren and Assoc. , gave a brief presenta- i nn gbvnl 1i"i nA +60 v�.yh.1�C. J i ii 6% �i^v,a�.^.V. ..... ...9 y Fo J The Planner went over the changes in the road systems and the staff report. Levitt inquired about the timing of the road improvements. The Planner stated that the timing of the road improvements depends on the availablity of funding. Levitt stated that he felt development of this site shoula be contingent upon the road improvements . Levitt inquired if this plan was consistant with the 1979 Guide Plan. The Planner stated that although the Guide Plan illustrated medium density residential , this P.U. O. showed a-'mix of uses that met the intent of the Guide Plan. Levitt inquired about trail ways planned for this site. Uhan replied that a sidewalk and trail system would be pro- vided. The sidewalk would 5e along one side of all roads and would be built with the development and the trail would be graded along the north side of the pond with over all site grading anO a 6' width of bituminous surfacing would be placed by the developer when the City was ready to extend the trail easterly. Retterath inquired hew mi!ch encroachrpnt into wet land this project will have. The Planner replied that the wetland area would be dredged and modified considerably to accommodate a city ponding area. The developer would have to apply for a D.N.R. permit. MOTION: Bentley moved, Retterath seconded to recommend to the City Council approval of the Gonyea Planned Unit Development, Concept stage according to the Plan dated April 1980 contin- gnet upon road improvements as indicated on the Hennepin County plan and their letter dated April 1980, Per the Parks and Recreation, and Natural Resources Commission recommendations and per the staff report dated 11-8-79. Motion carried 4 - 2. (Gartner and Bearman voting nay) . V. OLD BUSINESS - NONE VI . NEW BUSINESS NONE VII . PLANNER' S REPORT - NONE Vill . ADJOURNMENT MOTION: Gartner moved, Bentley seconded to adjourn the meeting at 1 :45. Motion carried 6 - 0. LAW OFFICES HAROLD LtVANDER ARTHUR GILLEN UVander, Gillen, Miller & Magnuson AC. MILLER MAGNUSON HAROLD LEVANDER. in. 402 DROVERS BANK BUILDING • 633 SOUTH CONCORD STREET ►AUL H. ANDERSON SOUTH ST. PAUL. MINNESOTA 51075 • TELEPHONE 16121 451.1431 TIMOTHY J. KL'NTZ OANIEL J. BEESON April 14 , 1980 Chairman and Members of Planning Commission City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden P_airie, Minnesota 55344 Re: Northern States Power Company Request For PUD Concept Approval To Construct Substation North of West 78th Street a South of T.H. #5 Dear Mr . Chairman and Members of the Commission: I am writing to you on my own behalf and on behalf of my parents , Calvin and Helen Anderson , my sister, Mary Ellen Bland, with respect to the public hearing on April 140 1980 . This hearing is on the request of Northern States power Company to construct a substa tiun upon 12 acres of land North of West 78th Street and South of Trunk Highway #5. Please be advised that my parents, my sister and I are owners of a parce+ of land oa the easterly shore of Idlewilde Lake. This t,arcel of land has been affected by past development of Northern States Power Company and also will be affected by the presently planned NSP development. More particularly, Idlewilde Lake originally drained to the North , eventually running into Purgatory Creek. This drainage was altered by the construction of the Foto Mark parking lot, the NSP transmission tower site and the construction of 494 . The natural drainage for the pond originally ran on what is the northerly edge of the parcel presently being developed by Northern States Power Company. The normal high water level of Idlewilde Lake as shown on the 1967 National Geological Survey is 852 feet S.L.D. In 1972 , the Riley-Purgatory creek Watershed District ascertained that the ordinary high water level was 853 . 5 S .L.D . and that at the time their sur- vey of the lake showed that the actual water level of the lake was 856.7 S.L.D. Presently the water level on thelake varies beeween approximately 857 and 860 feet S .L.D. Presently there is no outlet to the lake unless it were to flood over West 78th Street. You should be aware that there is a culvert underneath West 78th Street connecting the lake with the property to the north. Before the alterations caused by Foto Mark and NSP, there was a small pond just to the North of West 78th Street. The water would run Chairman and Members of the Comwission April 14 , 1900 Page 2 from the small pond into Idlewilde Lake. When the water in the lake went above the ordinary high water mark , the water would then run North out of 'Idlewilde Lake into the small pond and then overflow into a ditch and would ultimately -mind its way to Purgatory Creek. When Foto Mark put in its parking lot and NSP put in its transmission tower tnis small pond to the north of West 78th Street was filled and the culvert outlet was plugged. This left no natural outlet for the lake and resulted in the raising of the water level and the flooding of our pro- perty. In 1973 when the sanitary sewer and water were put in in this area, we requested that the City at that time construct a storm sewer ao that an outlet could be provided for the pond and perwit the lake to return to its normal high water level . At that time , we cited the alteration in the natural drainage for the lake. Unfortunately, the Council did not authorize the installation of the storm sewer at that time. Idlewilde Lake presently serves as the ponding area for surface drainage for a considerable area of land surrounding it . Because of t1de blockage of the normal overflow from the lake , this has worked to our detriment by causing flooding of our property and a h. .gher than normal high water level . We believe that our property rights have been unjustly affected by the action of Foto Mark and NSP in the past and do not wish to suffer further damage by con- tinued development without the correction of the problems created by past development. Accordingly, we object to the approval of the present PUD concept until proper actions have been taken to assure that the drainage and storm sewer for Idlewilde Lake are taken care of by the City and all parties affected. In support of the position that the natural drainage has been altered , I cite my parents personal knowledge. My father has been a resident of the City of ? den Prairie for over 70 years and is very familiar with this area. Also, my father has obtained the statements from other longtime residents of Eden Prairie who have farmed the affected land or land adjoining this and have first band knowledge of the normal drainage for Idlewilde Lake. Copies of the statements are attached for your information and review. It is our intent to be present at the Planning Conmission meeting on the 14th and we will be able to answer any further questions you may have with respect to this objection at that time. Very ly your$ Paul H. Anderson: PHA:cj cc: Mayor Wolfggang Penzel . City Manager P^P'or K. Ulstad , Cit'Tr Ener?,neer F .o ham It Coreern t l , ^8. on CothrnUdt . e rued the lend "st of 'F oto, :•ark . Tne. for oRny YPlmrs which s±t that tine ras the bu*ldir -rite of tho - erkl fart. There w~^ a pond east of the barn with a culvert under t;PPt ?8th :3 treet that flowed into the lake south of tie higthway, ':here v,as a ditch north of the pond that ran west into another ditch t`�at :'los ed into Purp►atory Creek* Wier. Poto Ferk made their parking lot they filled the o—Irinal panel and r=de another one fat rher ea/rt. � ,i C" Wed 4 the c+ilvert between the pond and the lake, Usurilly the "ter -*gent from the small pond into the Lake but when the lake becarse high from heavy 'rainy the eiater went from the lade into the sell pond and into the ditch that flowed nto Purgatory Creek. hen iiiFhy-ay 5 wa- ctianged and �iighway Q4 vms built the ditch iva: ab_tndoned p lNorthern tate Power alto erected copra poles over this outlet. February G , -1980 To Whom It Maly Concern --- W name is Herbert Perk! . My father, Hubert Perkl , owned 40 acres where Foto Mark, Inc. plant is now located. • Our farm house vias on toga of the hill and the barn was located where the Foto Mark plant is today, blost of our land was east and north of the buildings . There was a small pond about 200 ft . directly east of the barn. A small ditch ran from this pond into a culvert under West 78th Street. This pones was low most of the time but in the spring and during wet weather the water flowed from the pond , through the culvert into the lake sat,th wee# of pest 78th Street . When the lake became high after several heavy rains the water would gojd back through the culvert into this small pond and then into another ditch that sowed from this pond west into Purgatory Creek. When Poto Mark enlarged their parking lot , they filled the original small pond and built one farther east . The fill was purchased from Roy Olson who owned property farther west. This change pluged the outlet from the lake to the pond and some of the ditch that ran into Purgatory Creek. About the same time Northern States Power built several towers which completely plugged the ditch to Purgatory Creek and stepping all chances of excess water to stet out of the lake. x lived on this farm all during my childhood until I was over $0 years of age and, know these facts to be true , Norbert Perkl t