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Planning Commission - 01/08/1979 AGENDA Jill" Eden Prairie Planning Con-mission ,4onday, January 8, 1979 7:30 PM City Hall CON41SSION MEMBERS: Chairman Rod Sundstrom. Liz Retterath . Matthew Levitt , Richard Lynch , William Bearman , Oke Martinson STAFF MEMBERS: Chris Enger, Planning Director r .. Jea,i Johnson , Assistant Planner Donna Stanley, Planning Secretary INVOCATION - PLEDGE OF ALLEGIANCE - ROLL CALL 1 . APPROVAL CE AGENDA II . MINUTES A. November 27, 1978 B. becember 11 , 1978 C. December 18, 1978 III . MEMBERS REPORTS IV. REPORTS AND REC GMMENDATIONS H d Universal Land A. Lake Heights Addition , by u Corporation Request to rezone from Rural to R1 -13. 5 and RM 6. 5 for 22 acres , and preliminary plat approval for 29 single family and 40 townhouses. The site is located south of Anderson Lakes Parkway extension and east of Darnel Road. A continued public hearing. B. Hipp' s Mitchell Heights Fourth, Addition , by Richard Hipps. Request to preliminary plat: 13 acres zoned RM 6. 5 into 29 duplex tots (58 units) . The sitw- is located in. the southwest corner of Tamarac Trail and Mitchell, Road. A continued public hearing. C. Chatham Woods, by Toma Development. Request to rezone from Rural to R1 -13. 5 40 acres for 59 single family lots. The site is located south of Townline Road and West of Purgatory Creek. A public hearing. D. Norseman Industrial Park Third Addition, by Herleiv Helle. Request to rezone 15. 72 acres from Rural to I-2 Park. The site is located approx;gateiy 775 ' west of Washington Avenue and 1300' south of Valll y View Road. V. PETITIONS AND REQUESTS VI. OLD BUSINESS V11 . NEW 3USINESS V111 . PLANNER' S REPORT IX. ADJOURNME''T MINUTES ;. EDEN PRAIRIE PLANNING C"ISSION .approved NONDAY, JANUARY 8, 1979 7:30 P.M. CITY HALL COMMISSION MEMBERS PRESENT: Chairman Rod Sundstrom, Matthew Levitt, Richard Lynch , Oke Martinson , and Liz Retterath C.OWIISSION MEMBERS ABSENT: William Bearman STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary INVOCATION -- PLEDGE OF ALLEGIANCE -- ROLL CALL I. APPROVAL OF AGENDA The following corrections were made to the Agenda : IV. C. Chatham Woods-insert "and preliminary plat" after "acres" . " D. Norsemen Industrial Park Third Addition-►nsert "and preliminary plat" after "rezone' . MOTION: Retterath moved to accept Agenda as published and as amended. Lynch seconded, motion carried unanimously. II. MINUTES A. November 27, 1978 The following corrections were made: Pg. 4, para. 4, insert "to recommend to the Council " after "moved" . Pg. 5, para. 2 , insert "through trade-offs" after "point, and insert the following statement after "trade-offs" ; "Lynch felt that perhaps restriction should be made on the size of house on the smaller lots rather than on the size of the lot" . MOTION: Lynch moved to accept Minutes of November 27 , 1978 as corrected and published. Retterath seconded. Motion carried °unani- mously. B. December 11 , 1978 Pg. 3, para. 3, delete "park" , insert "pond" . NOTION: 114ar-L I OUI. 811UVeu i.0 dccept, tine Minutes of December 11 , 1978 as published and amended. Lynch seconded , motion carried 3-0-2, !Lynch and Retterath abstaining because of absence. Planning Co mission Minutes - 3 - Jan. 8, 1979 Lynch expressed concern with the validity of tieing a developer to a condition once the property is zoned. The Planner explained that stipulations could be incorporated in the Developer's Agreement that when a plan -for specific z multiple projects is submitted, prior to anv building construction, the developer would have to .lnnp-r -- . -.�- l'i*# rv;;;;,;I #A;,� %oVi l;;;;01;;. Lynch felt that developers should' post signs indicating there would be multiple housing in certain areas to inform future landowners what was intended for the surrounding areas. Peterson agreed to post signs of this .ature, noting that ne had done this in another project and felt that it had been helpful . Mrs. Gloria ?oral, 8819 Darnell Rd. , representing 192 families living in the Centex area objected to the existino large siors _ placed at the entrance to the development indicating single family homes and that there had been nothing said to them about multiple homes being built . She explained further that after future anticipated units were built , it would cut their area uff from the park, forcing the children to use Anderson Lakes Parkway which would be very busy and therefore dangerous . Peterson responded that their intent has been on record since 1973. Mrs. Pond said `.-hey have not been able to get any answers on land use for the area previously, and also requested that the signs be taken dorm at the entrance to the development as they were misleading. Retterath questioned the type of land that Outlot F in the ceifter of the Centex area w2s . _ The Planner explained it was rough , scrubby woods , . and usable as a play area . He ex- plained however that the southern center outlot area of the single f�-Amil.v homes was specifically set up so that homeowners could put in a tot lot, and that the neighborhood park will be located to the east. The outlot in NE corner of Lake Heights Addition work fir use -as a tot lot for multiple homes. MOTION: Retterath moved to continue the Public Hearing because of lack of EAW. Motion d4ed for the lack of a second. The Planner explained that the E.A.W. had been sent to the Commission several weeks earlier. MOTION: Lynch moved to dose the Public Hearing on Lake Heights Addition. Levitt seconded, motion carried unanimously. Chairman Sundstrom turned the chair over to Lynch in grder to make the following motions. MOTION: Sundstrom moved to recommend to the City Council approval of the rezoning from Rural to R1-13. 5 and RM 6. 5 in accordance with plat dated December 28, 1978, staff report of January 4, 1979, and comamittmients agreed to in these Minutes of January 8, 1979. Martinson seconded, motion carried unanimously. MOTION: Sundstrom moved to recomwriend to the City Council approval of the preliminary plat dated December- 28, 1978 subject to staff report of January 4 y 1979 and a l So ,,-at the areas shown as RM 6.5 be in accordance with the ordinance and that any specific site plans be returned to Planning Commissioa for review before building permits are issued. Martinson seconded, motion: carried unanimously. , MOTION: Sundstrom moved to- rccommend to t Heights Addition he City Council , that on the Lake project, the areas designated RM 6.5 be appropriately signed so that future homeowners are aware of the zoning. Martinson secondedi moi~ its carried unanimously. . .approved Planning Commission Minutes - 5 - Jan. 8, 1979 A u:...,I .. . . �ne of�tTie residents t�expressed concern with tthe difficulty of turning left onto Highway 5 from north of TH 5. The Planner exolained that the City has received petitions from residents north of TH 5 for preferential left hand across traffic turning situation. He explained that MnDOT will not approve a preferential cross traffic left turning movement, but are anticipating a free right turn lane from the south which will help the entire intersection operate more smoothly. The Planner brought up the point th-, ` the plans were to be reviewed and signed by a registerea architeck. Sorensen felt this was not nececsarv . and regUetted that this be looked into , and if it is not a State requirement he asked that the requirement be waived. MOTION: Martinson moved to close Public Hearing on Hipp ' s Mitchell Heights Fourth Addition. Retterath seconded , motion car,�ied unanimously. MOTION: Martinson moved to recommend to the City Council approval of the . preliminary plat material dated January 4 , 1979, based on the staff report of Janurary 6, 1978, letter from Hipp ' s dated January 4 , 1979. and variance 78-8 granted on Hipp' s Mitchell Heights Third Addition, Retterath seconded, motion carried unanimously. Sundstroin directed the Staff to investigate the requirement on reviewal and signature by a registered architect of submitted plans indicating no problem. Co Chatham Woods . by Toma Development. Request to rezone from Rural to 111 -13 .5 40 acres And preliminary plat 59 single family lots. Toe site is lncatPd snutt, of Townline Road and West- of Purgatory Creek . A public hearing . The City Planner summarized the proposal , explaining that it bas ical lv evolved around the topography of the site. He explained that access would be from Townline Road and :68th Avenue. Townline Road is presently oravpl htjt anticipated by the County' s capital improvement plan to be constructed as a two lane blacktop road in 1981. He explained further that the subdivision would be 1 o'xv in density with large lots, and that the lowland area would provide a corridor to the floodplain area and provide protection by scenic easement of Purgatory Creels. Mr. Tom Selseth, Toma Development Co. ,gave a brief presentation outlining changes which have been accomplished with the nlannina rtaff since January 0978. Mr. Selseth explained they could not agree strictly with the restriction on the scenic easement at the 890 contour but would be willing to talk with the staff on the question. Levitt questioned the reference to sanitary sewer in the EAW. The Planner explained that the storm sewer was to be within the street. Sundstrorn suggested moving the road to the south. John Emond, School b Madsen Eng. explained that they could not move the road over because placement of houses on the south of the road world have to be8-10 feet below the road, if the road were moved to the south. approved Planning Comiaission Minutes - 7 - J.3n. 8, 19707 D. Norseman Industrial Park Third Addition. .public hearing (cont'd) Sundstrom presented concerns by Connissioner Beaman on the proposal : -` He expressed concern with extension of W. 74th St.by the assumptions of where W. 74th would connect. Sundstrom asked whether there were any options open to the City on the road question and whether V!. 74th St. could becore the exter.Aon of Yalley View Road. The Planner responded there were other options open . to the City and that U. 74th as the extension of Valley View Road could ue an alternate, however perhaps not a desirable one. Sundstrom did not feel it was reasonable for semi -trucks to travel through a residential area. The Planner pointed out that this area is not residential , although there are some single family homes in this area. F , noted that Briarfield .Estates is located in this industrial area. He explained that there is a need for some good road systems in this a rt:a because of the tremendous amount of traffic coming through. LeviA asked whether the proponent was in agreement with improving the road? Mr. Helle responded affirmative. MOTION: Lynch moved to close Public Hearing,, R�etterath seconded. Motion Y 9 carried unanimously. WTION: Lynch "ved cc recommend approval cf preliminary plat dated November 30, 1978. Mart4nson seconded, motion carried unanimously. NOTIC,4: ' nch moved to rece mend to the City Council , approval of rezoning #tom Rut to 7-2 Park for Norseman Industrial Park 3rd Addition , based upon oRm e+ _ed November 30. 1978 and staff report of December 27, 1978 " with 'fication of no. 3, that West 74th St. be platted to a 80' width. .,i. _,erath seconded, motion carried unanimously. Y. PETITIONS AVn RE VESTS - None. YI. OLD PAISINESS The following items were briefly discussed: Shoreline Management Ordinance, and Guide Pain Update. WIT. NEW BUSINESS There was general agreement to dispense with the Invocation at the beginning of --P1amimg Cowmission meetings. r PLAWER' S REPORT R�.T WTION: Lynch mved to adjourn at 11 :ZS Pit. RelAeratit seconded, motion carried +Irn+nr Nov ly. approved Minutes - Planning Commission - 2 - Jan. 8, 1979 C. December 18, 1978 MOTION. Lynch moved to accept Minutes of December 18, 1978 as published. Martinson seconded, motion carried 4-0-1 , Sundstrom abstaining because of absence. T T T NIC��t?r'f!C nPf1/\nTP 1 ♦ l . 1'14! IiJLI\J f\L(VI\1 J Sundstrom innoired about whether there was any Council action can the replacement for former Commissioner Redpath. The Planner responded that an appointment- has not been made and explained that the item will be on the aqenda of the upcoming staff meeting . There was discussion on Planned unit Developments and teniinat;on points . The Planner explained that earlier PUDs did not contain termination dates, but that within the past 3 years , the Council has considered definite time periods of 18 months or 2 years in which the developers could resolve the status of the PUD. IV. REPORTS AND RECWMEMDATIOI:S A. Lake Heights Addition , by Uriversal Land Corporation. Request to rezone from Rural to R1 -13. 5 and RM 6- 5 for 22 acres , and preliminary plat approval for 29 single family and 40 townhouses . The site is located south of Anderson Lakes Parkway extension and east of Darnel Roar . A continued public hearing. The City Planner explained that Mr. Peterson has revised the re- quest by increasing the number of single family lets and decreasing the multiple unists. This project is part of a larger 188 acre PUD of which the first phase has been approved and built. He explained further that the cash park fee will be used for improvements within the project and pay most, of assessments. Mr. Don Peterson , Universal Land Corp. , presented graphics indicating some of the revisions . He explained that in response to the concerns regarding lots fronting on Neil Lake, the road has been pulled in further so there is good separation froin Neil Lake. HE requested that action be taken on entire area , in order to make the multiple designations clear to future landowners . He explained further that he would submit revised plans according to the staff recommendations on the multiple sites prior to construction and bring back before the Commissions and Council for approval . The sidewalk that was missing, was under contract with purchaser from Eden land Corp. , and has not been accomplished , and Peterson agreed to resolve this question. He requested consideration to allow Rtt 6.5 family lots , and agreed to townhouses according to ordinance" . Sundstrom questioned the project in relation: to the proposed Shoreland Management Ordinance and the 1600 rt. requirement. The Planner explained there are no lots adjacent to the shoreline of Neil Lake, and that the lot sizes are in accordance. -,ar.r. d WLia .,to 41 L ul X, 64iW.&i .4 Ads IIL. ,. giiw JWaii d AI'A Wpl,Q, I , iappr~ovea Planning Commission Minutes - 4 - Jan. 8, 1979 The chair was returned to Chairman Sundstrom. - B. Hipp' s Mitchell Heights Fourth Addition - by Richard Hipps . Request to preliminary plat 13 arrac _7nnad OM A 9 infn 70 Asonl.,� lots (58 units) . The site is located in the southwest corner of Tamarac Trail and Mitchell Road. A continued public hearing.. The City Planner briefly sunanarized the concerns : cash park fee, additional trails , and variety of . housing style. He noted that the Staff has met with the proponent and are in agreement with communication of 1 /4/79 received from Mr. So�-•ensen , representative of the Hipp' s Construction Co. He explained that the proponent is asking for technical variances because of the party-wall lot line. Mr. Don Sorensen , representing Hipp' s Construction Co. , presented the re- vised proposal , briefly summarizing each point and answering questions by the Commissioners . The plan has reduction in ground coverage; medium density to fulfill the need in Edon Prairie for middle income housing ; their- agree- ment on varying house types and front facades ; dedication of Jutlot A, co lriiited to pay cash park fee ; and to technical variances requested , (the same as for Hipp's Third Addition which were granted by the Zoning Board of Appeals and Adjustments) . He explained that the minimum distance between units will be 30 ' and that in most instances will be more . This is because they have agreed to at ' least a 15' sideyard 'in all cases . Retterath inquired whether the City was satisfied with point no. c regarding storm water drainage. The Planner responded that a residenthad contacted the the City on the poorly graded situation and the City does not anticipate any prob'em. Sundstroirn asked as a point of clarification whether tine units were in fact multiplesand regarding the proponent' s reference to the single family nature of the appearance. Sorensen explained affirmative, but that they did not de- tract from the single farnily homes and this was an opportunity to get middle income houses into the City. Sundstrom inquired about the length of the cul -de-sac. Sorensen responded 800 ' . Noting that the maximum length allowed by the ordinance is 500' . Sundstrom requested that the staff check with the Public Safcty Department on safety of that cul -de-sac. Retterath inquired further on whether there would be a Homeowner Association. Sorensen responded negative , but there would be dedication to the City with covenants and stipulations . Levitt asked about the stipulations to stagger the house types and to separate the single family homes from -the duplex units . The Planner res- ponded that in the past, the City has entered into a developer' s agreement when rezoning was involved. Levitt asked whether in constructing the garages , they will still keep the 15' setback? Sorensen answerd affirmative, that they are committed to the 15' sideyard setback. Levitt pointed out that the previous discussion was on townhouses and clusteriOl with more open space, and why was this changed? Sorensen responded that these homes appeared to be single family, and they are a more marketable, viable 'piece of property, with public and private open space. The status of Mitchell Road as a collector %as discussed , and what volume of bra c c�� I be exp� tecL The Plpgr,r responded about 4 ,000 to 5 ,000 trips n Ii- the oad sou o Scenic min ts. Qa.s�'gw...�%-g"'��'m-�''"'S:�f' .�L� - "�i ''�='�' _�'.R*�" ,',::'s= •F�J;1°`:r���,.a j"fir —approved Planning Commission Minutes - 6 - Jan. 8, 1979 C. Chatham Woods. . . . . public hearing (cont d) Mrs. koeder, 6435-168th Ave. W. , asked whether the water flow under the culvert on the south end of their property would tie affected. Emond explained that they would have to connect a pipe to carry the water to the holding pond . Martinson asked whether some lots would be sold to contractors to build upon. Selseth responded that their intent was to build on the majority of the prop-zi-ty , but some of the lots vd 11 be sold to other contractor with restrictions and covenants. Sundstrom asked whether the City should be a party to these covenants . The Planner responded that the lots will be large, with a good variety, and feels that custom �:omes would provide rood architectural variety. He did not feel the City has to be involved in the priv_ te architectural covenant;$ . Il a ON: Levitt moved to close the PUbl is Hearing on Chatham Woods . Martinson seconded, motion carried unanimously. MOT TON: Levitt moved to recommend to the City Council approval of the rezoning request for 40 acres from Rural to R1 -13. 5 based upon the revised plat dated December 27 , 197101 al ud t he staff report of January 2 , 1979 (modi- fication to Paragraph B.4 to include: "that the Staff locate a specific area for the scenic; easement replacing the 890 contour- Block 7 , lets 6-12 and outlot D" ;ani modification to paragraph B. 3. "excluding Outlot D" from dedication to the City for public purposes . ) Martinson seconded , motion carried unanimously. Preliminary Plat Motion: -MOfiN Levitt moved to recommend to the City Council the Draft EAW dated 12/73, finding no significant impact. Martinson seconded , motion carried unani;nousl� . The intent of the developer for outlot D was questioned , with Selseih resoondinn that their intention was to purchase additional land to add to it in order to make a buildable lot. D. :horseman Industrial Park Third Addition , by Herleiv Helle. Request to rezone and 'prelinrinary plat 5. 72 acres from Rural to I-2 Park. The site is located approximately 775' west of Washington Avenue and 1300' south of Valley View Road. A Public Hearing. The Planner explained that this one lot is to be platted as one large lot He explained that Mr. Helle has dedicated up to this parcel and past this parcel should be 80' right-of-way. He said that the balance of property in this area is I-2 zoning, and noted donation by Mr . Swendseeis regarding construction of Shady Oak Road . He explained further that Helle was in conformance with the road alignm-ent for Valley View Road which was approved by the City Council . Mr. eorge Hoss , Attorney representing Mr. Helle, presented the proposal , noting that untilities are in place, no" variances are requested , and the compliance of the proposal with the Guide Plan. He explained that Helle is in agreement with the recommendations of the staff report of 12/27/78.