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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. -. ��.-..�.,;�!' ,sti►�C,�?IyR'ViASaI►?,''K"!''"."3�1`�!�F?R*q � '��t�+�•:=-'2,'.p`...■'*..:RZiArwa�.r.. ......�.—.�.. _�� i��, `:�i^�yry��S+ �y.1�..�. '�•'y' n'��'+ �'.T�1y�..r�� =�/M'jq=s i: .'1C^i°` ��►-�'li•'-,r.,. � 'err' _ .. �-:ssJ@.d. .-�L7�'R�1 •�+K::"" Ii+. �1FG� '.�+1� •'wcara:L�Si9`d' 5 't'f/d +I'k .. - 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. ... _! ''sy.V�` '�`"',"R.f+fs°:';T'r� f.'T(►�.�+s'f1.n''�.�"�''..4!^�'rtS1►+''r"y"'l�E'���r . �"'S?�4R^:.::� 5�1rAe�".�i.'eNt�i+Rs-, .. ..v- .x ya�•�rra..�.—.e:.r.ra..',. ..... .�..,. .�.., 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) -1Lt. 11_,._......,. InCAM CI.......�..�....�V CA erwrented that after nninn nVPr 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.