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Planning Commission - 05/07/1984 AGENDA Monday, May 7, 1984 9chool Board Meeting Room 'COMMISSION MEMBERS: Chairman William Bearman, Virginia Gartner, Robert Hallett, Stan Johannes, Dennis Marhula, Ed Schuck, Hakon Torjesen STAFF MEMBERS: Chris Enger, Director of Planning; Michael D. Franzen, Senior Planner; Kate Karnas, Recording Secretary Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA II. MEMBERS REPORTS III. MINUTES IV. DEVELOPMENT PROPOSALS ( 7:40) A. CITY WEST CONVENTION CENTER, by Hospitality Growth Services. Request for Zoning District Change from Rural to Commercial Regional Service, with variances (before the Board of Appeals), and Preliminary Plat of 5.5 acres for a Hotel-Convention Center. Location: Northeast quadrant of City West Parkway and County Road 61 . A continued public hearing. ( 8:10) B. EDENVALE 18TH AND 19TH ADDITIONS, by Edenvale Corporation. Request for Zoning District Change from Rural to R1-9.5, with variances, (before the Board of Appeals), for 12.35 acres and Preliminary Plat of 12.35 acres into 12 single family cluster lots and 17 single family lots. Location: Edenvale Boulevard at Woodland and Birch Island Drives. A public hearing. ( 8:45) C. CATHEDRAL OF PRAISE. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Public for a Church; Planned Unit Development District Review for approximately 15 acres. Location: Southwest quadrant of Highway #169 and Shady Oak Road, on Bryant Lake Drive. A public hearing. ( 9:30) D. LION'S TAP--Comprehensive Guide Plan Amendment from Low Density Residential to Commercial for 1.6 acres; and Preliminary Plat of 17.0 acres into three lots. Location: Northwest quadrant of Highway #169 and County Road #4. A public hearing. (Board of Appeals action required) (10:00) E. PRAIRIE KNOLL, by Hestia Homes, Inc. Request for Planned Unit Development District Review and Zoning from Rural to R1-9.5, with variances, for 60 single family residential units and Preliminary Plat of 24 acres into 60 lots and outlots. Location: Northwest quadrant of Valley View Road and Edenvale Boulevard. A public hearing. V. NEW BUSINESS VI. OLD BUSINESS VII. PLANNER'S REPORT VIII. ADJOURNMENT NOTE: The times listed above are tentative. MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, May 7, 1984 School Board Meeting Room 8100 School Road MEMBERS PRESENT: Chairman William Bearman, Virginia Gartner, Robert Hallett, Stan Johannes, Dennis Marhula (8:50 p.m.), Ed Schuck, Hakon Torjesen MEMBERS ABSENT: None. STAFF PRESENT: Chris Enger, Director of Planning; Michael D. Franzen, Senior Planner; Kate Karnas, Recording Secretary Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Torjesen, seconded by Johannes, to rearrange the items of the agenda under D. Development Proposals, as follows: E, A, B, C, D, and ato approve the agenda as amended. Motion carried--6-0-0 II. MEMBERS REPORTS None. III. MINUTES Motion was made by Gartner, seconded by Torjesen, to approve the minutes of the April 23, 1984, Planning Commission meeting as printed. Motion carried--6-0-0 IV. DEVELOPMENT PROPOSALS E. PRAIRIE KNOLL, by Hestia Homes,. Inc. Request for Planned Unit Development District Review and Zoning from Rural to R1-9.5, with variances, for 60 single family residential units and Preliminary Plat of 24 acres into 60 lots and outlots. Location: Northwest quadrant of Valley View Road and Edenvale Boulevard. A public hearing. Staff explained that a deficiency in the hearing notice had occurred with this project, resulting in several adjacent residents not being notified of the hearing. Staff stated that the item could be renoticed in time for the Planning Commission Minutes 2 May 7, 1984 meeting of May 14, 1984, allowing for the least possible delay for the proponent. MOTION: Motion was made by Schuck, seconded by Gartner, to continue this item to the May 14, 1984, Planning Commission meeting. Motion carried--6-0-0 A. CITY WEST CONVENTION CENTER, by Hospitality Growth Services. Request for Zoning District Change from Rural to Commercial Regional Service, with variances (before the Board of Appeals), and Preliminary Plat of 5.5 acres for a Hotel-Convention Center. Location: Northeast quadrant of City West Parkway and County Road 61 . A continued public hearing. Planner Enger explained that the Planning Commission had continued the public hearing on this item from the April 9, 1984, Planning Commission meeting pending revision of the plans for greater compliance with City Code requirements. Mr. Chuck Engles, Architectural Development Corporation, reviewed the changes with the Commission, which included the following: "back of the house" items, such as laundry, housekeeping, etc., had been relocated to a basement level; two additional rows of parking had been added at-grade; building capacity had changed in terms of occupancy allowed; the northern most access to the site had been eliminated; and, at the request of the Planning Commission, Mr. Engles reviewed a colorboard of the materials to be used at the project. Planner Enger reviewed the findings and recommendations of the Staff Report of May 7, 1984. Staff reviewed the revised parking situation, particularly with respect to the noon weekday peak hour situation. Chairman Bearman asked how the City would enforce the cross parking easements necessary with the property to the south. Staff responded that a legal document would be required to be reviewed by the City and the City would also require proof of filing of the easement over both of the properties. Chairman Bearman asked if the City would be able to control future land owners of either parcel with regard to these cross-access easements. Staff responded that in other situations such as this, language was included which stated that neither party could unilaterally terminate the agreement. Staff added that they would check with the City Attorney as to the details of such an agreement. Schuck asked if there would also be a cross easement with the Primetech project to the north. Mr. Jim Eastman, Hospitality Growth, Inc., stated that they had not considered an easement with the project to the north; . however, they would be willing to do so. Hallett asked if Staff was comfortable with the revised parking situation. Staff responded that, in their opinion, the new parking arrangement was sufficient based upon the occupancy rates for the various uses within the Planning Commission Minutes 3 May 7, 1984 structure. Torjeson asked if the building had been increased in height. Mr. Engles responded that it had not, however one level had been added underground. Johannes asked what the floor area ratio was for the project. Staff responded that it was 0.62, while Code required 0.4 as a maximum floor area ratio for such a use. Staff added that the proponent would have to appear before the Board of Appeals for variance to the floor area ratio, as well as height and number of parking spaces. Chairman Bearman asked for comments and questions from members of the audience. There were none. Torjeson asked if the variance for floor area ratio was justified. Staff responded that the floor area ratio greater than 0.4 had been contemplated in the original Planned Unit Development for the site, which indicated a hotel of ten to twelve stories. Staff pointed out that this site was in conformance with all setback requirements for such a use. MOTION 1 : Motion was made by Gartner, seconded by Schuck, to close the public hearing. • Motion carried--6-0-0 MOTION 2• Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request of Hospitality Growth for a zoning district change from Rural to Commercial Regional Service for 5.5 acres for a hotel/convention center, based on plans dated April 30, 1984, subject to the recommendations of the Staff Report dated April 23, and May 4, 1984. Motion carried--6-0-0 MOTION 3: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request of Hospitality Growth for preliminary plat of 5.5 acres for a hotel/convention center, based on plans dated April 30, 1984, subject to the recommendations of the Staff Report dated April 23, and May 4, 1984. Motion carried--6-0-0 B. EDENVALE 18TH AND 19TH ADDITIONS, by Edenvale Corporation. Request for Zoning District Change from Rural to R1-9.5, with variances, (before the Board of Appeals), for 12.35 acres and Preliminary Plat of 12.35 acres into 12 single family cluster lots and 17 single family lots. Location: Edenvale Boulevard at Woodland and Birch Island Drives. A public hearing. It was the decision of the Commission to handle each of the additions as Planning Commission Minutes 4 May 7, 1984 separate items, with separate hearings and motions. Edenvale 18th Chairman Bearman asked that the letter received from Joan F. Ryder, 6819 Woodhill Trail, and another letter from Chip and Barbara Hanback, Bob and JoAnne Schwartz, John and Jonnie Mostrom, and John and Lynn Scott, all residents of Hickory Court backing up to the 19th Addition, be accepted and made a part -of the record of the minutes of this meeting regarding these two items. Mr. Jack Lynch, Westwood Planning and Engineering, presented the site characteristics and features of the proposed development. Planner Franzen reviewed the findings and recommendations of the Staff Report of May 4, 1984, pointing out that the project had originally been proposed for cluster development of single family homes. He stated that, after discussions with proponent, the plan had been revised from twelve cluster units down to ten single family R1-9.5 lots. Torjeson asked why the proponent was requesting R1-9.5 zoning instead of larger single family lots, perhaps R1-13.5 lots. Staff responded that the project proposed did meet the intent of the original Planned Unit Development, which showed this area as multiple residential, and which had been originally proposed for residential multiple units at 6,500 square feet per unit. Johannes expressed concern for the amount of traffic that would be introduced onto Edenvale Boulevard. He asked Staff what the capacity of Edenvale Boulevard would be at that point along its frontage. Staff responded that Edenvale Boulevard would be capable of handling 9,000 trips per day at this point. The City was in the process at this time of obtaining proper crossing of the railroad tracks in this vicinity, which would open Edenvale Boulevard to the north. The completion of this project was contemplated within several months. Planner Enger pointed out that the traffic capacity for Edenvale Boulevard had been based upon the more dense plan showing multiple residential for this area, which had been originally approved as part of the Edenvale overall Planned Unit Development. Until the railroad crossing was finalized, Staff pointed out that the only route out of this area of the City would have been south to Valley View Road then on to other major roads. The opening of the northerly route would greatly alleviate traffic in this vicinity. Johannes asked if there would be a problem created by allowing access of Street "A" within the Edenvale 18th Addition to Edenvale Boulevard, as well as allowing access to Birch Island Road. Staff responded that the majority of traffic would likely use Edenvale Boulevard, as opposed to using Birch Island Road, due to the preferred access point at Edenvale Boulevard and the fact that Birch Island Road was currently a gravel street. Hallett asked if Birch Island Road would still be routed west to connect with County Road #4. Staff responded that it would, however, there were no plans for paving this gravel section of road at this time. Planning Commission Minutes 5 May 7, 1984 Chairman Bearman asked for comments and questions from members of the audience. There were none. MOTION 1 : Motion was made by Gartner, seconded by Schuck, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request for Zoning District Change from Rural to R1- 9.5 for Edenvale 18th Addition for 3.15 acres, based on plans dated May 3, 1984, subject to the recommendations of the Staff Report dated May 4, 1984. Motion carried--6-0-0 MOTION 3: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request for Preliminary Plat of 3.15 acres for ten lots for Edenvale 18th Addition, based on plans dated May 3, 1984, subject to the recommendations of. the Staff Report dated May 4, 1984. Motion carried--6-0-0 Edenvale 19th Mr. Jack Lynch, Westwood Planning and Engineering, reviewed the site features and characteristics of the proposed development with the Planning Commission. Planner Franzen reviewed the findings and recommendations of the staff report of May 4, 1984. Chairman Bearman asked if the request for a stop sign, made by Ms. Ryder, in her letter to the Planning Commission, could be forwarded to the City Engineer. Staff responded that they would do so, and that it would be the Engineer's final determination as to whether a stop sign would be necessary at this location. Torjeson asked if proponents had prepared a tree inventory of significant trees to be lost or destroyed with construction. Staff had responded that one had not been prepared, but that it could be done prior to Council, if that was the wish of the Planning Commission. Johannes asked for the location of trails within the vicinity. Planner Franzen stated that it was Staff's opinion that trails were not needed • within the project; however, a trail did exist along the north side of Edenvale Boulevard in this' location. Torjeson stated that it appeared as if all of Lots 10 and 11 , and a portion of Lot 9, would be completely graded, which would eliminate many of the Planning Commission Minutes 6 May 7, 1984 trees in this vicinity. He stated that he felt a tree inventory would be necessary, and perhaps a change in the grading plan made, before final approval could be given for these three lots, in particular. Staff responded that they agreed that an adjustment in the grading plan could make a significant difference in the amount of trees that would be saved in this vicinity. Schuck asked what the price range of the units would be for this development. Mr. John Lassen, Equitable Life Insurance Company, responded that the homes would range between 1,200-1,600 square feet per house with a price range of $90,000 to $150,000 each. Mr. Chip Hanback, 14892 Hickory Court, stated that he was concerned about the removal of trees in this vicinity. He stated that the tree cover in this location would be the only transition from the proposed project to their homes, which were located directly south of the area shown for Lots 8 through 11 . He added that the homes on Hickory Court range between $150,000 to $220,000 in price, and questioned the impact of lower price homes upon the value of their own existing proerties. Mr. Jack Bergland, stated he was building a home currently on Hickory Court, and expressed concern for the amount of traffic which would be present upon Edenvale Boulevard in this area. He stated he was concerned because of the condition of Edenvale Boulevard in this vicinity. Staff responded that this area of Edenvale Boulevard was susceptible to frost heaving, due to poor soils within the road base. Mr. Bergland also questioned the compatibility of the proposed development along with the existing development along Hickory Court. Staff responded that this area had been shown for multiple residential development within the original Planned Unit Development for Edenvale, and that, in Staff's review of the project, such matters as the fact that proponents were showing four lots abutting the existing four lots along Hickory Court had been determining factors as to the compatibility of the two developments. Mr. Bergland also added that he was concerned about the loss of trees proposed by this development. Mr. Lynch discussed comparisons between the existing Woodhill Addition, to the south, and the proposed development of Edenvale 19th. He pointed out that the setback requirements within the R1-9.5 zoning district allowed developers to build a larger house than would be possible in the R1-13.5 zoning district, which was the zoning district of the Woodhill Development to the south. He also pointed that the average size of the lots within the Edenvale 19th Addition was larger than the average lot size within the Woodhill Addition. Mr. John Mostrum, 14902 Hickory Court, expressed concern about the removal of trees. He stated that several of the neighbors had reviewed the site over the weekend and had determined that more than a few of the significant trees on this property would be removed by street and house development. Mr. Mostrum and Mr. Hanback pointed out these areas to the Commission. Mr. Robert Schwartz, 14882 Hickory Court, asked if the developer would be building upon the lots, or if the lots would be sold to another builder. Mr. Richard Hupple, American Dream Homes, responded that he would be Planning Commission Minutes 7 May 7, 1984 i intending to purchase the lots from the proponents and would be building homes similar to those under construction in another part of the City. He stated that his model home was located at 6885 Hallmark Drive. Mr. Schwartz also asked what the intentions of the proponent were for the property adjacent to Edenvale 19th Addition to the east along the railroad tracks. Mr. Lassen responded that they were currently working with the railroad to determine a proper crossing point in order to allow for suitable ingress and egress to this property. At such time as the access would be determined, proponents again would appear before the Planning Commission with a proposal for multiple or single family residential development, depending on the best suited use for this site. Mr. Schwartz asked what price range of the proposed American Dream Homes would be for these two developments. Mr. Hupple responded that they would range between $90,000 and $150,000 per unit. Torjeson reiterated concern for the potential loss of trees in this project. Mr. Lassen responded that they would be willing to replace trees on the site, if that were the Commission's desire. Torjeson stated that he would prefer an opportunity to review a tree inventory and a possible change in the grading plan prior to action on the site. Staff pointed out that a revised grading plan, which would include relocation to Street "A" further to the northeast, may result in the loss of more than one lot for this project. Hallett stated that he was comfortable with a Staff review of the tree inventory, and, if it was Staff's determination that the Planning Commission should review the site again, then it should be brought back to the Commission. However, if the tree inventory and any potential revised grading plans were adequate, the item should be forwarded to the Council for final action. MOTION 1 : Motion was made by Torjesen, seconded by Gartner, to continue the public hearing, pending submittal of a tree inventory for the site, and, possibly a revised grading plan, based on the tree inventory. Motion failed--3-3-0 (Chairman Bearman, Torjesen, and Gartner in favor; Johannes, Hallett, and Schuck, against) MOTION 2: Motion was made by Hallett, seconded by Johannes, to close the pubilc hearing. Motion carried--5-1-0 (Torjesen against) MOTION 3: Motion was made by Hallett, seconded by Johannes, to recommend to the City Council approval .of the request for Zoning District Change from Rural to Rl- 9.5 for 17 lots on 9.20 acres for Edenvale 19th Addition, based on plans dated March 5, 1984, subject to the recommendations of the Staff Report dated May 4, 1984, with the following added condition: "Proponent shall Planning Commission Minutes 8 May 7, 1984 submit a tree inventory, indicating trees to be lost or damaged during construction. Based on the inventory, an amended grading plan may be required for preservation of trees on the site. Should it be Staff's opinion that additional review is required by the Planning Commission based on the tree inventory, the item shall be returned to the Commission for further review." Motion carried--5-1-0 (Gartner against) MOTION 3- Move to recommend to the City Council approval of the request for Preliminary Plat of Edenvale 19th Addition for 17 lots on 9.20 acres, based on plans dated March 5, 1984, subject to the recommendations of the Staff Report dated May 4, 1984, with the following added condition: "Proponent shall submit a tree inventory, indicating trees to be lost or damaged during construction. Based on the inventory, an amended grading plan may be required for preservation of trees on the site. Should it be Staff's opinion that additional review is required by the Planning Commission based on the tree inventory, the item shall be returned to the Commission for further review." Motion carried--5-1-0 (Gartner against) • (Marhula arrived at 8:50 p.m.) C. CATHEDRAL OF PRAISE. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Public for a Church; Planned Unit Development Concept for approximately 15 acres. Location: Southwest quadrant of Highway #169 and Shady Oak Road, on Bryant Lake Drive. A public hearing. Mr. Darrell LeBarron, Station 19 Architects, reviewed site coverage, surrounding land uses, vegetation, and soils, on the site. He also reviewed the building elevations, which were proposed to include masonry and glass. Mr. LeBarron pointed out that this would be a regional church facility, and would have much the appearance of a corporate use. He also reviewed the Planned Unit Development request, including variances requested for the height of the sign and the height of the structure, and a proposal for expansion of the project to two sites at the south end of the project. Planner Franzen reviewed the findings and the recommendations of the Staff Report of May 4, 1984, including concerns for effective screening of the parking areas, tree preservation, parking lot arrangement, overall site grading, access, building materials, and traffic impact of the use. Chairman Bearman asked what uses would be appropriate for this site. Planner Franzen responded that the site was designated for Low Density Residential or Undesignated uses by the Comprehensive Guide Plan. He added that based upon the development features of any project proposed on this site, it would be possible for many uses to be appropriate on this property. Chairman Bearman asked how this site and use compared to the Wooddale Baptist Church site to the north, which was also a regional church site with Planning Commission Minutes 9 May 7, 1984 similar site constraints. Planner Franzen responded that the Wooddale Baptist Church site contained 30 acres and was proposed for 1,800 seats, while the Cathedral of Praise was proposed for 15 acres, with a potential of 2,000 seats within the structure. Chairman Bearman asked what the service area for the church would be. Mr. Allan Walker, pastor for the congregation, responded that they would have people attending this church from approximately a 30-mile radius. The church was currently located in Edina. Torjeson stated that in his opinion, perhaps single family residential development of this site would be less appropriate in terms of the amount of disturbance of the natural features that would be created by this type of development, versus single family. He added that while the church may benefit from exposure from Highway #169, it would be a less desirable feature for single family development to be exposed to the traffic and noise of Highway #169. Marhula stated that he felt it would be possible to retain the use of this area as a residential land use, however, it may not be appropriate to allow single family development within this area. He suggested that perhaps a multiple residential development of a low density would be appropriate in this area. • Mr. Don Sorenson, 7121 Willow Creek Road, stated that the decision to guide the land as Low Density Residential had been made many years ago. He stated that the idea that noise and traffic impacts from Highway #169 would be a detriment to a single family development was not valid, in his opinion, as there were many examples of expensive homes located along this highway frontage within this vicinity. Mr. Sorenson stated that he felt single family development on large lots would be appropriate for this area. Mr. Dan Grote, 7061 Willow Creek Road, asked what would happen to the auto salvage lot which existed between this site and the Wooddale Baptist site to the north if this guide plan change were approved. Staff responded that the auto salvage site was also guided for Low Density Residential development. However, decisions such as a change in the guide plan for this site would have an added impact for the potential use for the auto salvage site. Mr. John Golle, 7039 Willow Creek Road, expressed concern for the amount of traffic in this area. He stated that a previous proposal from Detroit Diesel from years ago would have had less traffic impact in this vicinity. He added that he agreed with Mr. Sorenson that large lot single family residential would be appropriate in this area, as it was already the trend for the homes along Willow Creek Road and adjacent sites along Highway #169. Mr. Golle stated that he was concerned about the impact, not only of the Wooddale Baptist Church, but of the addition of such a use as this, on this neighborhood. He stated that the neighborhood was currently undergoing a great deal of development, and, without knowledge of the impact which would result from the Wooddale Baptist Church, it would not be appropriate for the City to allow another regional church within this neighborhood. He asked that the Commission consider this in their decision. Marhula asked what features of this site had attracted the Cathedral of Planning Commission Minutes 10 May 7, 1984 Praise to it for its future development. Mr. LeBarron stated that any site within the belt line (I-494) vicinity was a desirable site for a regional facility such as this. Also, Mr. LeBarron stated that this particular site offered two accesses from a major thoroughfare. Mrs. Elaine Sorenson, 7121 Willow Creek Road, stated that she did not necessarily agree that single family development was the only way to develop this property. She added that she was concerned about the impact of all the development, including City West, Wooddale Baptist Church, James Refrigeration, and others, upon their neighborhood. Mr. James McNeill, 7251 Willow Creek Road, stated that he agreed with Mrs. Sorenson and Mr. Golle regarding the impact of existing development upon their neighborhood. Marhula stated that it appeared as if this regional church would have significant impact upon the site, similar to those of commerical uses in terms of traffic and parking considerations for this neighborhood. Gartner expressed concern about the future of the auto salvage area to the north. She also stated that she felt the impact of two such regional facilities upon this neighborhood would be great. Schuck stated that he, too, was concerned about the impact of the existing facility, which had not yet been completed, upon this neighborhood. Schuck • asked Staff if a traffic study had been prepared for this area. Staff responded that one had not been prepared. Mr. Sorenson stated that the City should keep in mind that while the greatest traffic impact would be on Sunday for the church, there would be other uses for the church on other days of the week, especially evenings. He added that Bryant Lake Drive, upon its completion, had become a shortcut for many people within this area, and had become an alternate route for those people not wanting to deal with stop and go traffic on Highway #169. Hallett expressed concern that a single family development, not done sensitively, could impact this site and its natural features in a much more negative manner than a use such as this. He added that he had not seen very many large lot developments proposed within the City while he had been with the Commission. Hallett also expressed concern for the amount of traffic on Bryant Lake Drive, adding that it would likely become a greater attraction as a shortcut once the bank was built to the north. Johannes stated that he was not sure that the best land use for this site would be single family or a church. He stated that he would prefer to see a traffic study discussing impact of traffic on this neighborhood prior to making a decision. Mr. LeBarron stated that the church was under somewhat of a time pressure due to financing considerations. Mr. Golle stated that he felt the church had been sensitive in its design of a plan for this site; however, he was more concerned about the impact of two such uses upon their neighborhood. He added that he did not feel the City should act upon this proposal based on financial considerations of the Planning Commission Minutes 11 May 7, 1984 church. Mr. Sorenson stated that there were other large lot residential developments within this area of the community, and that he still considered this the best use for this site. MOTION: Motion was made by Torjesen, seconded by Gartner, to close the public hearing for Cathedral of Praise and make the following recommendations to the City Council : 1 . Recommend denial of the request for Comprehensive Guide Plan Change from Rural and proposed Planned Unit Development Concept for Cathedral of Praise as the Commission finds that the site impacts relative to access, grading, tree loss, and traffic would be negative from this development. 2. Recommend affirmation of the existing Comprehensive Guide Plan designation of Low Density Residential/Undesignated for the property. Motion carried--6-1-0 (Johannes against) • Johannes stated he voted against as he was uncertain that a case had been made for either designation of the Guide Plan use for this site. D. LION'S TAP--Comprehensive Guide Plan Amendment from Low Density Residential to Commercial for 1 .6 acres; and Preliminary Plat of 17.0 acres into three lots. Location: Northwest quadrant of Highway #169 and County Road #4. A public hearing. (Board of Appeals action required) Mr. Dick Putnam, Tandem Corporation, reviewed the history of the site with the Commission. Mr. David Kirscht, reviewed the landscaping plan and restoration plan for the site. Mr. Rick Sathre, Sathre-Bergquist, reviewed the parking lot arrangement, grading plan, and proposed realignment of the County Road Highway #169 intersection involved with this proposal. Planner Enger reviewed the findings and recommendations of the Staff Report for this proposal of May 4, 1984. He stated that Staff's major concern regarding the grading would be that the west end of the site be regraded to match the existing contours, as opposed to creating a more "unnatural" slope in this area. Gartner asked why proponents had shown one site which would be less than the ten-acre minimum in the Rural zoning district for the Preliminary Plat. Mr. Tony Noterman, attorney for proponent, explained the lot purchases to the Commission. Gartner stated that she did not see any justification for approval for 5.6 acre parcel for the project. Torjeson stated that he agreed with Gartner. Mr. Bert Noterman stated that he had begun this process at a time when the Planning Commission Minutes 12 May 7, 1984 City had allowed five-acre parcels within the Rural zoning district. Staff stated that the City was not disputing the amount of land owned by Mr. Noterman; however, they were concerned about creating a lot which would not meet minimum requirements for the other proponent involved in the project. Mr. Dean Edstrom, 10133 Eden Prairie Road, stated that he agreed with the Commissioners regarding the lack of justification for a site under ten acres within this development. He added that he felt the City should also deny approval of the 9.6 acre site proposed within this project. Mr. Edstrom added that if this site and its development was dependent upon the relocation of the County Road #169 intersection that the City should have a final decision from the County as to timing and financial committment for relocation of this intersection. Staff responded that the County had not made a financial committment at the time this item had previously been before the Commission, approximately one year ago, and that they still had not made any committment. However, the relocation of the road was much preferable to the existing conditions, and, if established at this time, could only help this proposal and the traffic in this vicinity. Mr. Loren Wuttke, 16860 Flying Cloud Drive, asked Mr. Noterman if there would be any proposed change in the type of business he was operating at the Lion's Tap as a result of this proposal . Mr. Noterman stated that there would not be. Mr. Wuttke stated that he, too, was against the idea of a lot being approved which did not meet the ten-acre minimum for the Rural zoning district. Mr. Noterman responded that he felt that he had been acting in good faith, and that he desired to meet the City requirements when he began this proposal . Hallett stated that he felt he could support the 9.6 acre site, however, he also was not in favor of the 5.8 acre site at the north portion of this project. Johannes asked if the realignment of the intersection of County Road #4 and Highway #169 would have a positive impact upon the Lion's Tap site. Staff responded that it would, allowing a front yard for the property, as opposed to parking within what would be the front yard for the project. MOTION 1 : Motion was made by Gartner, seconded by Torjesen, to continue the public hearing on the proposed preliminary plat for Lion's Tap, pending resolution of the size of the northerly most parcel, and its compliance with the minimum lot size regulations for the Rural District of ten acres. Motion carried--6-1-0 (Chairman Bearman against) Chairman Bearman stated he voted against and he did not feel it was appropriate for the City to allow the expansion of this non-conforming use within this area, nor to condone further development of the property. Planning Commission Minutes 13 May 7, 1984 i MOTION 2• Motion was made by Gartner, seconded by Hallett, to close the public hearing for the Comprehensive Guide Plan Amendment from Low Density Residential to Commercial for the Lion's Tapand to recommend to the City Council approval of the request for Comprehensive Guide Plan Amendment for 1 .6 acres for the Lion's Tap from Low Density Residential to Commercial, based on plans dated February 9, 10, and June 10, 1982, subject to the recommendations of the Staff Report dated May 4, 1984. Motion carried--4-3-0 (Gartner, Hallett, Johannes, Marhula in favor) (Chairman Bearman, Schuck, Torjesen against) V. NEW BUSINESS None. VI. OLD BUSINESS None. VII. PLANNER'S REPORT None. ' VIII. ADJOURNMENT Respectfully submitted, Kate Karnas Recording Secretary