Planning Commission - 04/09/1979 AGENDA
Eden Prairie Planning Commission
Monday, April 9, 1979
7:30 PM, City Hall
WMISSION MEMBERS: Chairman William Beavwn, Liz Retterath,
Oke Martinson, Matthew Levitt. George
Bentley, Hakon Torjesen, and ViMtnie errsner
STAFF MEMBERS: Chris Enger, Pl ann i in Director; Jean Johnson,
Assistant Planner; Donna Stanley, Plmai"g
Estimated Secretary
time .Pledge of Allegiance - Roll Call
7:30 pm I. APPROVAL OF AGENDA
7:35 II. MINUTES OF THE MARCH 26, 1979 MEETING
MINUTES OF THE APRIL 2s 1979 WORKSHOP
7:40 III . MEMBERS KLFVRT5
IV. REPORTS AND RECOMMENDATIONS
7:45 A. Bluffs West Third A Fourth Additions, by Hustad Development Corporation.
Request for PUD concept approval ; rezoning from Rural to RI-13.5. NN 6.5
05RM 2. 5; preliminary plat approval for approximately 6.40 units an
acres, and approval of E.A.W. finding of no significant impact. A
continued public hearing:
B. Hartford Real Estate a , request for PUD development; rezoning
from Rural and 1-5 to Office and Commercial Regional Service, preliminary
plat approval , and approval ' of E.A.N. finding of no sigaificent iopact.
Located west of Anderson Lakes , north of Nortbark Additions, east of
Eden Frairie Center,and south of Best 7Pth Street. A tontiawd public
hearing.
8:30 C. Cooperative Power Association PUD, request for PUD 4Wro%al on I-S
zoned landor exceeding o ce use and for construction of a
tower. Located :n the southwest corner of TH #5 and Mitchell Road. 71
A continued public hearing.
8:55 D. Immanuel Lutheran Church request to rezone .8 acres fv%w PUBLIC to
carte ex st nn . ngle family home located at 16515 LutAer May.
9: 10 E. Mr. Robert Bouten' s Dental Lab request to operate a dental lab at
ran odd` next to Dr. 161vedere) _
V. PETI i IONS AND REQUgg-TS
9:30 A. Neill hoods, by The Preserve, request to rezone 12 acres from Rural
t -1' . 5 and preliminary plat approximately 27 single family lots.
Located Kest of Neil Lake. A publ-ic hearing.
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- Agenda-Planning Commission Pg. 2
April 9, 1979
V. PETTTTIIINc ANn RFf aF ZTC. ( UTT11111MI
9:50 B. Preserve Center addition Replat , request by The P-eserve to replace
- - -- - - - !ct Rock T Preserve Center Addition, zoned RM 6. 5 ,
A public Dearing.
10: 10 C. Shady Oak Industrial Park 2nd Addition, by Richard Anderson
::e;;uest to rez3ne acres from Rural to I-2 Park and pre i iminary
plat property into two lots for industrial uses. A public hearing.
10:30 D. To view Acres 44h Addition, by Millers, request to rPz3ne 17 acres
from R - 2 to R1-13. 5 and preliminary plat 7 single
family lots and an outiof for future platting. �
VI . OLD BUSINESS
d
VII . NEW BUSINESS
VIII . PLANNER' S REPORT
11:00 IX . ADJOW!NMENT
4
EDEN PRAIRIE PLATING COMMISSION
MINl1TES
_ approved
MONDAY, APRIL 9, 1979 7:30 PM, CITY HALL
COMPASSION MEMBERS PRESENT: Chairman William Bearman, Liz Retterath,
dke Martinson, Matthew Levitt, George Bentley,
Hakon Torjesen, and Virginia .Gartner
COMPASSION STAFF PRESENT: Chris Enger, Director of Planning
Donna Stanley, Planning Secretary
PLEDGE OF ALLEGIANCE - ROLL CALL
I. APPROVAL OF AGENDA
The following items were continued to the April 23, 1979 meeting at
the request of the proponents.
V. A. Neill Woodr . by The Preserve
B. reserve enter Addition Reclat
C. n__a_YY Oak Ejustrial Park 2nd Addition by Richard Anderson
.D, o�pviewres 4th dit on by Millers
NOTION: Retterath moved to approve the Aqenda as published and amended.
Gartner seconded, motion carried unanimously.
II. MINVIES OF THE MARCH 26, 1979 MEETING
Pg. 19 High Trail Estates, para. 2, last sentence; add "Existing" before
"Honeysuckle Lane".
Pg. 2, Meadow Park, Para. 2, delete "also that" ; add "has a hazardous
intersection at U. S. Highway 169. "
Pg. 3 , para. 7, add "Sundeen responded affirmative, it is contemplated .for
the pro j ec�" .
Pg. 4, para. 1 , sentence 4, delete "that the recommendation would be to
cul-de-sac Sunnybrook Rd. to Highway 169 and" .
- Pg. 4, para. 4, delete "requested continuance of the project until " ; add
" stated that this project should be continued until purchase of
Pg. 7, para. 1 , last sentence add "of" before "benefit" .
Pisi, para. S, add "Putndm responded negative , and 6001&ined �itirr the Lrade-
on the former Projects occureed.
to. 8, para. 3, dele.* "much".
approved
Planning Commission Minutes - 3 - April 9, 1979
:A Bluffs West Third b Fourth Additions., :continued Public hearing '
(coot d)
Beaman questioned the increased amount of units proposed from those listed
in the Memo of January 12. Putnam responded the number is now 640 units
(up from 563 anticipated units in Memo of Jan. 12) . He explained that
in response to the staff' s concern with the lack of services, he asked the
Commission two questions: 1 . Is it appropriate to develop now?
2. Can the land be developed at 2 units per acre? He felt that it could
not be developed at 2 units per acre and there is no land to dedicate at
that scale. He explained that 640 homes would not be built in 3 years ,
and therefore, would not be rapid development.
Beaman stated that it is the responsibility df 'thE'Planning Commission 'to
review proposals, and it is not a question of whether it should be
developed but how it should be developed.
Levitt asked whether the proponent disagreed with any of the
statements made in the staff report. Putnam responded that the original
Waste Management Plan and the present dFI PUD are not the same. No
explained they are not concerned with what the Landfill was doing, but
were concerned with construction of the residential units , and that
they are planning to put in the basements of the homes located close
to the Landfill "on grade".
Torjesen commented that he saw his responsibility on the Planning Commission
in reviewing projects, to use the 2 unit per acre guide line in making his
decision.
Levitt did not feel that proponents should be held to 2 units per acre in
all cases, but that the Planning Commission should be able to exercise that
judgement.
Gartner commented that she appreciated the propotisnt' s plan , but felt that
with the unsettled questions of landfill and traffic, the plan is premature.
Bentley felt there could be variations in units per acre, but when a plan
had as many major oroblems as the plan presented tonight, he felt he could
not vote for apprnval .
Martinson inquired ghat the height of the proposed apartment bui ' dings
were, noting the low clearance of the flight oath of the planes to and from
the Flying Cloud Airport. Putnam responded they would be two to three story
high . spartments.
Sall; Sr-t7wTs, 10= oertni� U Place, chairman of the Flying Clovid Adisory
Committee, presently studying the question of the proposed run-wad,, extension ,
expressed agreement with Martinscn' s comment on the Airport fly-out pattern.
As a resident of Eden Prairie for many years , she explained that this area
has not had services previously and still does not have them, and felt that
with the addition of 4 ,000 people this rapid develooment was not desirable.
She alr-o asked whether people purchasing these homes would be made aware of
the Flying Cloud Airport flight pattern?
Pl ar;i i n ' Commi s s i on Minutes 5 - Approved
g April 9. 1979
B. Hartford Real Estate Company. . .continued public hearing (cont'd)
Bentley listed concerns of near-by residents as discussed in their
neighborhood meetings : 20' light standards listed- in the
Hartford booklet - will there be glare into neighborhoods?
Mr. Herb Ketcham, Architectural Alliance, responded that in discussion
with their engineer and lighting consultants , there is a cut-off point
as far as where the light is directed down, the spread, lens , and
amount of fixtures ased.
Bentley inquired further: What are the methods for reducing intensity
of run-off to Anderson Lake? The Planner responded that Hartford is
planning on an outlet from a sedimentation pond, and that velocity is the
key factor. "Sheet drainage" is different from aplpoint sourcen Hype* of -drainage.
Bentley questioned the emergency connection coming off between Fieldcrest
Road and Hyland Terrace; he explained that :enter Way has heavy use by
children , and that sidewalks would not solve this problem, and that the
connection of Center Way would destroy the effectiveness of the proposed
berming; he questioned whether plantings of the berm would be mature plantings ;
he expressed concern with potential of stop light at Preserve Boulevard and
Schooner Boulevard because it will become major traffic carrier; and expressed
the need for more police patrols in this area.
Ketcham, responding to concern on the use of mature plantings , explained that
three berms are contemplated and that large type plantings would be used.
Building coverage, the need for an indirect source permit, and the control
the City has after completion of the first phase were discussed.
Mr. Frarok Sparicio, Hartford Real Estate Company, explained their overall
intent was to develop a plan that can be definad now and request conceptual
agreement, and after first phase development, the remaininj development can
occur through the specifics of the Ordinance and City procedure.
The Planner noted that extensive study has been done on the building pads
by Hartford, and that we have the knowledge of where the smallest lots
are.
-- - The Planner, responding to Levitt' s ou;stion on water quality vs. quantity,
referred to information on hydrology included with the staff report and to
his recommendation that the Nine Mile Creek Watershed District begin a
study of Anderson Lakes to determine what management and physical steps need
to be taken in terms of both water -quantity and quality to insure that
- Anderson Lakes may be maintained as a high quality Wildlife Preserve. The
critical point of Anderson Lakes is that it has no operable outlet or way
of flushing the lake, therefore, has the potential for salt build-up.
Sparicio explained that this subject is being studied , and their
intent is to maintain the quantity of water in Anderson Lakes by pouring
water into the lakes, and at this point, they are talking about using no
i salt on the parking lot, but- grit and sand.
Levitt asked whet the options were -if the Study indicated that this type
of development was not desirable.
_R;arining Camtission Minutes approved
- 7 - April 9. 1979
Cooperative Pruer AggnciatinR PUD. . . .continued public hearing (coat'd)
_ ::;gin Brauer, Brauer. and Associates, Ltd. , Inc. explained that they
have an option on Outlot D from. Mlr. Miller, and that the additional 509000
fit. will be added on later, but will not be an additional building.
They have no questions on the staff report.
The Planner requested that an additional recommndation be added to the
staff report: the lot as it enters the property fMomi the Schultz
property, the road shoud be screened because of going through a residential
use.
Mr. Larry Harrison, Superintendent of Communications, Cooperative Power A'sociatt ,
addressed microwave relay tower safety, explaining that microwave relay
is "point to point"communication and this particular tower is 5 volts
only. Transmission is closely controlled by the Federal Communications Comissit
Bentley asked the effect on an airplane crossing through the zone.
Harrison responded that there is no effect. Brauer pointed out the route
of the beam from Eden Prairie to Apple Valley, its receiving point, and
explained that the flight pattern was„well out of range.
Gartner inquired what the effect was on Tv, radio, garage doors and etc.
Harrison responded there is none, noting there are several, microwave, towers �
throughout the City and they have had ire problems. (State Highway Dent. ,
County, Educational TV and other users)
MOTION: Bentley moved to close the public hearing on the PUD Concent of
Cooperative Power. Torjesen seconded, motion carried unanimously.
MOTION: Bentley moved to recommend to the City Council anprovai of
the Cooperative Power PU7, dated March 5, 1979, as per the amended staff report
of April 6, 1979. Torjesen seconded, mmotion carried unanimous iy.
Torjesen left at approximately 11 :00 -DM-
-D. L nuel !_4theran Church, request to rezone . 8 acres from PUBLIC to R1-22
for the existing sing a family home located at 16515 Luther Way. �
Mr. Robert Hendrickson, representing the Immanuel Lutheran Church, pre-
sented the request and answered questions.
The Planner explained that the proposal does meet the criteria of Ordinance
135 and is compatible with the residential development to the west and other
surraundi;g uses. He expressed concern with perpetuating day care use in
the single family area.
MOTION: Gartner moved to recommend to the City Couni 1 approval of the
rezoning of .8 acres from PUBLIC to 6-22 as oer the staff report of
April 4, 1979. Bentley seconded, motion carried unanimously.
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approved
Planning Commission Minutes - 2 - April 9, 1979
II . MINUTES OF THE MARCH 26, 1979 MEETING (continued)
Pg. B. para. 6, line 10, add "or 75' maximum".
Pg. 9. ._ra. 5, change spelling of "Bob Dunmar to Dunbar".
Pg. 9, para. 6, change last sentence to read "Terjesen seconded, motion
carried unanimously. "
Pg. 10, last para. , last sent. , add "air pollution olanninq" before "seriously. "
MOTION: Bentley moved to approve the Minutes of March 26, 1979 meeting as
published and corrected. Retterath seconded, motion carried 6-0-1 .
Martinson abstaining.
MINUTES OF THE APRIL 29 1979 WORKSHOP
MOTION: Retterath moved to approve the Minutes of the April 2, 1979
Workshop as published. Motion carried 5-0-2. Martinson and Levitt abstaining.
III . MEMBERS REPORTS
None.
IV. REPORTS AND RECOMMENDATIONS
A. Bluffs West Third & Fourth Additions , by Hustad Development Corporation
Request for PUD concept approval ; rezoning from Rural to R1 -13 . 5 , W'! 5.
and RM 2. 5; preliminary plat approval for approximately 640 units on 16 . 5
acres; and approval of E.A.W. finding of no significant imo_ act. A
continued public hearing.
The Planner summarized the Findings and Conclusions of the staff report
of April 2, 1979, and discussed the planning impacts and uses in this
area of the City according to the Guide Plan , the Browning and Ferris
Industries Planned Unit Development, and the Flying Claud Airport Safety
Zones and proposed run-way extension.
fie explained that in checking with the Pollution Control Agency and the
Anoka Sanitary Landfill , they have informed him that there is a chance
of methane gas , especially in the winter- months. This is not a problem
that cannot be solved , but the Browning and Ferris Industries have not
made any provisions presently to solve this problem, and he felt the
proposal submitted by the Hustad Corporation was premature, in liaht
of the planning that seems to be needed in this area. He explained
further that the Sanitary Landfill will be doing a study this Spring
to determine whether ':he Landfill could be extended, thus staying in
existence from 3 to 5 more years.
Dick Putnam, Hustad Corporation, referred to the Memo of January 12 ,
1979 written to the City Council from the Planher.
approved
Planning Commission Minutes - 4 - April 9, 1979
A. Bluffs West Third & Fourth Additions. . .continued public hearing (cont d)
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L.ILIU ► flag yl UVG, Il.v-lv ./YIIIIJwo vv.% ..... , ..v......... ---. - - - d- - -
the Planning staff report, she did not feel this land use was compatible.
MOTION #l : Levitt moved to close the public hearing on the Bluffs West
Third and Fourth Additions. Retterath seconded , motion carried unanimously.
MOTION #2: Levitt moved to recommend to the City Council denial of the
PUD Concept of Bluffs West Third and Fourth Additions based upon the staff
report of April 2.,1979; Minnesota Department of Transportation letter dated
March 27, 1979; and Metropolitan Airport Commission letter dated March 8, 1979.
Torjesen seconded, motion carried unanimously.
MOTION #3: Levitt moved to recommend to the City Council denim of the
Bluffs West Third and Fourth Additions rezoning from Rural to R1 --13. 5 ,
RM 6. 5 and RM 2. 5 based upon the staff report dated April 29 1979; flinne-sota
Department of Transportation letter dated March 27, 1979; and Metropolitan
Airport Commission letter dated March 8, 1979. Retterath seconded , motion
carried unanimously.
MORION #4: Levitt moved tc recommend to the City Council denial of the .
preliminary plat request for Bluffs West Third and Fourth Additions based
upon the staff report of April 2, 1979, Minnesota Department of Transportati
letter dated March 27, 1979; and Metropolitan Airport Commission letter date -4
March 8, 1979. Retterath seconded, motion carried unanimously.
MOTION #5: Levitt moved to recommend to the City Council the E.A.W. finding
that potential exists for adverse impacts due to the project' s location upon
a landfill , within an airport fly-out zone, insufficient road networks, etc . as
per E.A. W. dated March 7, 1979; Minnesota Department of Transportation letter
of March 27, 1979; and Metropolitan Airport Commission letter of March 8, 1979 .
Retterath seconded, motion carried unanimously.
B. Hartford Real Estate Company, request for PUD developr;+ent; rezoning
from Rural and I-5 to Office and Commercial Recional Service, preliminary
• plat approval , and approval of E.A.N. finding of no significant impact.
Located west of Anderson Lakes , north of Northmark Additions, east of
Eden Prairie Center, and south of West 78th Street. A continued public
hearing. .
The Planner summarized briefly the amendment to the Planned. Unit Development
requested by the proponent, noting that the 200,000 sq. ft. initial phase
of Hartford is the only specific project proposed. He Explained that in
marketing the individual lots, tKe Planning Staff is concerned with berming
over the seven year time frame between residential area and the office park
and buffering from the Lake. The major road improvements that are critical
are the half diamond at Schooner Boulevard and I-494 and twin lane bridge
at Highway 169; with other concern noted as : water quality (potential
problem with salt levels into Anderson Lake) . He noted two errors in staff
report: No. 2- building heights variance from 30' to 715' (not 35' ) ; and the
addition of water velocity to no. 8.
-approved '
Planning Commission Minutes - 6 - April 9, 1979
B. Hartford_ Real Estate Company. .continued public hearing (cort'd)
Mr. Jim Rnnk _ Rartr.n-Acchman AScnc. . Inc. .AxnlainPd that Hartfnrd' e.
capital committment will be very high in the first phase, and the report
done by Barr Enqineering indicated that pumping water into the lake would be
desirable . therefore, this is the direction they have taken.
Sparicio requested clarification of no. 3 cf staff report. The Planner
responded the question of additional setbacks on scenic easement lots
was addressed previously in the staff report, and that there would not
be any.
Sparicio addressed no. 5 of the staff report , explaining that their ini;ent
is to use natural barrier, combining earth and plant material , to form the
berms.
MOTION #1 : Bentley moved to close the public hearing on the !iartford
preliminary plat. Retterath seconded ,, motion carried unanimously.
MOTION #2: Bentley moved to recommend to the City Cour-il approva' of the
rezoning from Rural and I-5 to C-Reg-Service and Office based upon the
material dated March 26 , 1979 and the staff report dated April 5, 1979.
Retterath seconded , motion carried unanimously.
DISCUSSION
Levitt inquired whether any or the concerns expressed tonight would be
met before consideration by the City Council . The Planner responded that
more definite plans should be recp;ved prior to Council meeting. We
will not know any more regarding water quality.
MOTION #3: Bentley moved to recommend approval of the preliminary plat
dated March 26. 1979 as per the staff report of April 5 , 1979. Retterath
seconded, ,,notion carried unanimously.
As a point of clarification , Bearman inquired whether the hydrology report
was included in the motion. Enger responded that the Hydrology report and
other additional information on the use of de-icing chemicals was included
in the Environmental Assessment Worksheet.
MOTION #4: Bentley moved to recommend to the City Council the Environmental
Assessment Worksheet finding of no significant impact as per Draft of April 4,
1979. Retterath seconded, motion carried unanimously.
C. Cooperative Power Association PUD, request for PUD approval on I-5
zoned landor exceeding o ice use and for construction of a tower.
Located in the southwest corner of TH #5 and Mitchell Road. A continued
public hearing.
The Planner summarized the "Findings and Conclusions" of the staff report
of April 6, 1979 explaining that the PUD proposed is nct 25 acres in size,
but the total laid area encompassed in ownership meets the intent of the
Zoning Ordinance and the variances requested are reasonable.
Planning Commission Minutes - 8 - approved
April 9, 1979
E. Mr. Robert Bouten ' s Dental Lab, reauest to operate a dental lab
at 8490 Franlo Road. next to Dr. Belvedere)
The Planner briefly summarized the recommendations of the staff
report.
Mr. Robert Boutcn, Normandale II Dental Laboratory, discussed one
of the problems of the parking lot area , explaining that the amount
of fill needed made it difficult economically. He requested outting
in the fill and rock si.irfacing the parking lot this fall , and hard
surfacing it in the spring. The Planner responded that on a 3 year
agreement in a residential area, the parking lot should be hard sur-
faced and felt that enough Fill could be generated by leveling off
the area.
Bouten did not feel this would be a problem, and felt that after 3
years they would like Lo do more with the land.
Bearman expressed concern with "transitional land uses" around the
Major Center Area. Would we have to grant "transitional uses"?
Our Ordinance does not provide for interim agreement and nresentl.y the
interim agreement is somewhat of a temporary variance.
Bentley inquired about the upper and lower floor plan, and referred
to the recommendation for an additional door. Bouten aqreed to meFt
this recommendation.
MOTION: Bentley moved to recommend to the City Council approval of
the request to operate a dental lab as an interim use for a period
of three years based upon the items of the staff report included within
a Interim Use Agreement between Mr. Bouten and the City with the
following addition to the staff report of April 4, 1979: No. 11- The
addition of an additional access from south face of the building.
Retterath seconded, motion carried 5-1-0, Bearman voting "nay" .
V. PETITIONS AND REQUESTS
Items A through D continued until April 23rd meeting as per Motion under
APPROVAL OF AGENDA.
YI. OLD BUSINESS
The suggested topics for the joint City Council and Planning Comission meeting
scheduled for April 16, 1979 were noted.
YII. NEW BUSINESS - None.
VIII . PLANNER' S REPORT
The Planner explained that there were two items on the April 23rd Agenda ,
Eden Prairie Assembly of God Church and Stewart Sandwich Expansion, in additi
to the 4 items continued from tonight' s meeting.
IX. ADJOURNMENT
ROTION: Retterath moved to adjourn at 11 :30 PM. Bentley seconded, motion
carried unanimously.