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Planning Commission - 05/14/1979 AGENDA Eden Prairie Planning Commission Monday, May 14, 1979 7:30 PM, City Hall CGMMiSSIGN MEMBERS: Chairman William Bearman, Liz Retterath, Oke Martinson, Matthew Levitt, George Bentley, Hakon Torjesen, and Virgin;a Gartner STAFF MEMBERS: Chris Enger, Planning Director; Jean Johnson , Assistant Planner; Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL 7: 30 I � APPROVAL OF AGENDA _ II. MINUTES OF THE APRIL 23, 1979 MEETING 7:40 III . MEMBERS REPORTS IV. REPORTS AND RECOMMENDATIONS 7 A. Eden Prairie Assemblies of fled Church, request to k-ezone 10 acres from Rural to PUK7 Tor the construction of a church. The site is located in the southwest corner of Co. Rd. 4 and Duck Lake Trail . A continued Puriic fleeting. 8:00 B. Stewart Sandwiches, request to rezone approximately 3 acres from Rural to " - ar . Tr:i: site is located west of the present Stewart _Sandwiches builJinq -at 16101 :�;cst 7$th Street. A continued " Public _ Meeting. 8: 15 C. Schoenfelder PUD. request by G. P.Schoenfelder for Planned Unit Development concept approval fer 46. 3 acres zoned Commercial & Rural for uses of commerc;al and office purposes. A Public Hearing. 8:45 D. Duck Lake Vista, request by Pierce & Associates to rezone avproximately 20 acres from, Rural to R1-13. 5 and RM 6. 5, and preliminary platting of 30 single family hones and 5 doubles. A Public Hearing. 9: i0 E. ftifur ,icai� Baptist. Homes of the Xod'west, Inc. , request fQr interim use permit at 7928 Eden Road. (Formerly Lund property) 9:25 F. Bachmar./Anderson, review of site development and landscaping plan. V. PETITIONS AND REQUESTS 9 . . A. Discussion of MCA Interim Use Ordinance • - .•L!'K4%+4°jtr¢;e.•.RIT:!fa., u .. _ ..%:"�•Mi �3AilR�"T";�Y"'Sa�P+'�-�;3.e..+.+-r .•Y-+wsa�n.sw+z•ter . I.e.•a+}s-�v ww�.ue�m.' "� u.m,...�......�..���.�...�_. Agenda Page May 74, 1979 VI . PLANNER' S REPORT VII . OLD BUSINESS VIII. NEW BUSINESS 10: 1.5 IX. ADJOURNMENT EDEN PRAIRIE PLANNING COMMISSION MINUTES approved � tY MONDAY, MAY 149 1979 7: 30 PM, CITY HALL COWISSION MEMBERS PRESENT: Chairman William Bearman , Liz Retterath , Matthew Levitt , George Bentley, Hakon Torje:;en , Virginia Gartner, and Oke Martinson COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL I . APPROVAL OF AGEN!)A Director of Planning Enger explained that the Olson-Pavelka request has been withdrawn. Tha residents have keen notified of the change. MOTION: Tcrjesen moved to approve the Agenda as published and amended. Gartner seconded , motion carried unanimously. II . MINUTES OF TOE APRIL 23, 1979 MEETING The following corrections were requested-, P9-. 2 , para. 1 , sent. 3, add "plat" after"proposed" . i' 2, para. 4, sent. 3, add "approximately" before "one-half acre" ; add "if the dedicated space was included in the computation" after"size" . P . 2 , para. 8, add "and the proposed City Shoreland Management Ordinance" after "Act" . P . 4, para. 4, sent.4-6, deiete "He explained. . . good planning" P 7, para. A. , sent. 1 , correct sentience to read "Bentley inquired whether a reyuest' for variance on outside storage could properly be acted upon by the Planning Commission" . Page 7, para. 7 , correct paragraph to reap "Bentley suggested that if this variance is recommended to the Board of Appeals , that it also contain recommendation for review within a period of three to five years." MOTION: Retterath moved to approve the Minutes of the April 23, 1979 meeting as published and amended. Bentley seconded, motion carried 6-0-1 . Martinson abstaining. III, MEMBERS REPORTS None. IV. REPORTS AND RECOMMENDATIONS A. EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH, request to rezone 10 acres Tr om Rural to PUBLIC for the construction of a church. The site is located in the southwest corner of Co. Rd. 4 and Duck Lake Trail A continued Public Meeting. the Planner explained that new grading. plans have been submitted approved Planning Commission Minutes May 149 1979 A. Eden Prairie Assemblies of God Church. . .continued Public Meeting (cont'd) MOTION: Bentley mmved to recommend approval of rezoning of 10 acres frm Rural to PUBLIC for construction of the Church per staff report of April 12, 1979, information dated May 11 . 1979; letter dated May 8, 1979 received from Hennepin County Department of Transportation; and with the additions to the staff report of No. F: Additions to or major changes in the proposed plan would require Commission review prior to building N��riii� issuarcc; and Construction of permanent a tive recreational use not be sited south of the parking lot. Retterath seconded, motion carried unanimously. B. STEWART SANDWICHES, request to rezone approximately 3 acres from Rural to 1-2 Park. The site is located west of the present Stewart Sandwiches building at 16103 k°est 78th Street. A continued Public Meeting. Me. Max Yettlewell , Stewart Sandwiches, presented the revised first phase building p Mgram for the four year expansion p. oaram which they have done and are submitting tonight. He explained that Stewart Sandwich is on a 15" growth rate and they have presently outgrown their present site. The need for the variance for outside storage would be eliminated through their building program, and they are adding a wing wall and shrubbery for screening purposes. Mr. Petrulo, Vice-President - Operations fnr Stewart Sandwiches, explained that their intentions have been suiNnitted in the letter dated Ilay 9, submitted with the revised plans. Levitt askzd whether the Planner had any comments on the updated plan. The Planner responded th-t the phasing plan, was excellent, and he felt it was important that they included the wing wail . lie commented that the reason for. the variance previous` . requested was no longer present. MOTION: Sc.itley moved to re;ommnend to the City Covncil approval of the request for rezoning of 3 acres from Rural to I-2 Park , subject to revised plan of May 8, 1979 , staff report dated April 17 , 1979 , and letter dated May 149 1979 received from the Minnesota Department of Transportation. Gartner seconded , motion carried unanimously. C. SC,40ENFELDER PUD, request by G. P. Schoenfelder for Planned Unit Development Concept approval for 46. 3 acres zoned Ccx► wrcial and Rural for uses of tortimrcial and ^ffice purposes. A Public Hearing. fir. Rick Snthre, M:.CemhS-K0E1tson Associates , irc. , presented overlays of the lnLation . existing land use, and pointed ou'.the soil types., sloped areas , send pxnlainrd that access from all Eleven, sites is obtained from V%11ey View P.oad, and that nn other accesr is anticipated to the Wert, but reel they can W-rk with t.h? staff recur-mr,,n lations by slight adjustment; in the grading and a' in ord:�r to gain sight distance. Me discussed dedicAtion of ci;proxi - wately 11 acre:. os., of tF.- 46 nacres as public veer. :pace, of w'iich about 8 of the 11 arps tiir located in the flcod plain, and that fill from one part of the site will !�c uscn in tt a northern pArt of the site. Thcv are prunosing about ��► F. - t ..• ! ft,�r.4 rl r. fn �,� . :,,, rho rrtfnnrric- inr:irntv building in thpt y ,I► a c-ont'JLt:ng th^ fjtiR and the Watershed District , if t'Ie City a,^.;.rnv( s their ;-ian. approved Planning- Conmission Minutes - 5 - May 149 1979 C. Schoenfelder PUO. . Public Hearin (cont'd) Sathre responded to other general guestiors on the proposal . Mr. Paul Enblom, 10610 Valley View Rd. , explained that the 17 acres to the east is owned by his wife, himself, and is in estate , of which he is trustee. He requested being notified of all the meetings pertaining to this project. He expressed concern with removal of any hill tops , and a�sc 1..7 ems, � y ..F �1,� Fnr.►.n ''ram^i: �cil ' ...b:..{. Ft, 1 ..�....1 .; .J ). ► M.• . • 1 . .1 V/ ..•/ / V IIIGr �. wG 4 rfll ��r f 1. 1� e11. slivuld e storage area. Enblom objected to the removal of substantial tree cover, but was in favor of a trail along the creek. The Planner discussed the access road to the Enblom property, which was suggested by the Staff, in order to avoid landlocking the Enblow property. Retterath inquired about the types of wildlife present in the area. Enblom responded that the area is full of all types of wildlife , including deer. Mr. Frank Smetana, 7680 Smetana Large, described the solid mass of white oak trees located on the site, and objected to the cutting of the hills and removal of these trees. Mrs. Pat Kostecka , 10805 Valley View Road , objected to the filling proposed , explaining that when you fill in one area and increase that property, it takes away from another area , which in this case would be their land. She felt that plans had to be made now to widen Valley View Road, rather than have the City come back later to accomplish this. The Planner explained that the Comprehensive Guide Plan Update shows a re- alignment of Valley View Road , but he does not see it happening in the near future. He feels the present proposal is too general to give any indication of traffic projections to the east. The Commissioners discussed whether in approving the conceptual plan , they would be approving the plcn for mass grading , They expressed concern that they were unclear as to what is being proposed. The Planner- explained that after EAW approval , the proponent could proceed with mass grading and develop- ment of the road so they can proceed with sale of lots. We are unsure what is being proposed. Sathre responded that they wanted feelings on the land beino used for Cownercial and that they are looking for conceptual approval , after which they -will proceed with the preliminary platting. As far as the mass grading referred to, he explained they would -need DNR and Watershed District approval before this -couid be done, and they would appreciatE the Commission' s comments and will try to solve these problems. The Planner discussed the Land Alteration Ordinance ;n response to Gartner' s auestion on whether *here was any limit to how much could be cc+t off the top of a hill . He explained tha.t under this Crd i n�nice, no more than 10% without review by the Council could occur. approved Planning Commission Minutes - 7 - May 14, 1979 D ck Lake Vista. . Public Hear jn (cont'd) IA. Cardarelle suggested a 60' radius , with a 15' boulevard as an alternative, The Planner explained further that there are too many lots around the ciil -pie-sac. and a 90' frontage would limit cul-de-sacs to three houses. He noted that there are over 150 cul-de-sacs in the City presently, .and the City Council and Planning Commission feel these should , be limited in present and future proposals for the purpose of cutting down maintenant a problems. Cardarelle commented that they would like to keep the size of lots , and he felt they rwy have to change the lay-out of the lots. Levitt asked about the proposed scenic easement and how much it would incorporate on bordering lots. Cardarelle responded it was a"no cuL, no mow" easement around the railroad tracks. Torjesen questioned the sharp angle of the prupo4ed road. Cardarelle explained that they have met with the School Board and the Highway Department, and commented that the School Board did not want any access to the north boundary line. The Planner agreed that the School District would not want z road ba-king up to school property, but did suggest a loop road so the cul -de-sac would not 5e too long. He requested a line up of roads , joint access to the north acceptable to the Highway Department, and relaxing the curve in the south. Levitt asked whether the plan had been altered in any ether way. The Planner responded that scree of the hones were platted into the woods , but that these are now :moved out and he considers it a significant improvement. Cardaro"e ag►•eed to work with tLe Staff on the road and cul -d.:-sac questions . ie Atnach , 16731 Prairie Lane , expressed concern with the possibility of +Iauequate sewers. The Planner explained the Engineerinq Department will look the best situation for the sewer and make sure there is capacity for additional development. Mr. Grunt Sutliff, 7070 Eden Prairie Rd. , expressed concern with doubles being located next to his home. He suggested moving road to the ncr.th,with one single family home and one double put into this area. and in this Kay eliminating expense for the School District. Pierce responded that the road will nog, be of any expense to the School_ District , but that they have asked only for an easement. 140TION: Levitt Raved to continue the Duck Lake Vista Public Heartinq to meeting of June 119 1979. Retterath seconded, motion carried unanimously. approved Planning Commission Minutes 9 - May 14, 1979 F. . Bachman/Anderson, review of site •leveldpment and landscaping plan. The Planner presented the background for the review of the Bachmar/Anderson site development and landscaping plan. Mr. Pope, Pope Associates Inc. , explained that in the process of designing the plan, they have secured a civil engineer to work with the road and parking and Dr. David French, Professor of Plantology, University of Minnesota , for direction on landscaping. He presented the chanyes in the road placement, and explaineO that the trees that can be saved will be flagged , and some will be transferred to. the rear portion of the site. Additional trees - American Maple, linden or Buckthorn will be planted to increase density of the property. Gartner Questioned the review by neighbors and staff of the landscapinq .clan. Pope responded that an on site meeting was scheduled on the site with Lhe neighbors , but it had to be cancelled because of the rain. He explained that they picked this date because it was the only day they could coordinate with the specialists they had secured. Beaman questioned Dr. French on the process of moving trees from one spot to another. Dr. French, responded that it can be done very easily with the proper tree spade with almnst 1004 success , if the tree is not moved long distances , where the roots may dry out. Beat-man asked how many elms were still standing, Dr. French felt the elm trees should be discriminated against, because they are not s•tveab:�. ' Pope explained that the few elms left will be removed , if disease1. Mr. Frank Hartmann, 8216 Ensign Road, Blcomington, President of the Anderson Lakas 'inmeowner Association, questioned the Planner on the difference between a Public Hearing and public Meeting. The r ianncr responded that notices were sent out May 11 , 1979. for this pt-,bl is r.*et=nq. ` The City is not required to send ri otices for tool is meetings which ai a open ,but notify residents in advance of public, niectings ; while the p0l is hearings are also open neetings , but the City is required to notify surrounding residents at least 10 days in advance of the meeting. Mrs. Jan Hubred, 8056 Ensign Road, secretary for Anderson takes Honwl-owivr Association, read letter addressed to the Planning) Ccm. istlion frc4n r-eneva fliddleton and requested that it be made a part of the Minutes cf May 14 , 1979. - Mr. Jim f;shero. 9550 Tip*wt• Trail . expressed concern that the plan submitted tonight was not the same es the original proposal. Pope responded :bar they .Mve eliminated underground parking; there is a grade level change at the front ent-rance; and road configuration. LFjitt inquired wlether any trees had been eli'!=nated fran the lake side. r Pope responded that 55 'trees have been added. J approved Planning Commission Minutes - 2 - May 14 , 1979 A. Eden Prairie Assemblies of God Church. .continued Public Meeting. (cont ' ) -by the proponent, after meeting with the neighbors and working with the Staff. Pastor Ona, Eden Prairie Assemblies of Clod Church , explained the changes made in the plan. Berming will be placed around the parking lot and the lot will drain toward County Road 4. Mr. Lundahl , Architect for the Church , and Dave Olson , City Engineering Department, have worked together to de- sign a catch basin % ft. lower than any of the neighbor' s lots , via a 15' pipe running to the l(ike. He explained further that it will be subject to receiving an easement from Mr. Stodola , whose property would be affected. Martinson inquired whether the catch basin plans met with planning Staff approval . The Planner responded that the finite details would have to be approved by the Riley/Purgatory Creek Watershed District. He feels that the storm sewer for drainage is acceptable, but that it would be subject to Mr . Stodola' s approval . He explained that if this approval Is not giver , the southwest corner of the Church property would be lower than the south corner, u I r ect � flow- ng urn rage ow tong• d Rd. a . Bentley questioned No. 3 . of the '-Staff report, whether additional right-of-w;ay along the south side of Duck Lake Trail will be necessary for realignment of Duck Lake Trail . The Planner responded that they have not been able to work on this yet, but he is satisFied that it will be accomplished. Pastor Ona responded to questions on the use of the portion of the land originally planned for athletic fields. He explained that the parking lot may have to be extended if an addition is nut onto the Sanctuary, but presently do not have any specific plans for that portion. Levitt noted the neighbors' disapproval of use of the land originally shown as athletic fields on their plan, and asked what the Church ' s feelings were about this. Pastor Ona responded that the Church could live with this restriction. Steve Kleiman, 16570 Baywood Lane, requested that the Architect explain the additions to the landscaping plan. Mr. Richard Lundahl , Architect, pointed out the location of the four hedges and trees planned for the site. They would go along with any suggestions by the City as to species to plant. Lundahl distributed photos of the lights they were planning to use, and explained that the disbursement would be such , that Kleiman would see only a cone, rather than any light. Mr. Gary Reynolds , 11630 Baywood Lane, suggested that an alternate to the storm sewer draining into a natural lake would be to explore the possibility of drillino holes below the clay and adding sand, so the water would be soaked up rather than going into the lake. He requested ' that this plan be considered for environmentalpurposes and also to save the Church some expense. The Planner explained that the Department -of Natural Resources is aware of this procedure, but ha%c discouraged replacement of water into the ground. He explained further that upland storaqe ponds allow for slow release into lakes and the Watershed District may require a small drainage a:-Pa, u...r wY Y LIYY r W r J. i law . Ili ..YY illn u iW All hJ Wli �( ,Wi '.1i IW'9;Y11 k'i�1W i;, W4 I� approved Planning Commission Minutes - 41- May 14, 1979 C. Schoenfelder PUD. . Public Hearing (cont' d) Discussion took place on sewer facilities ; public inpravements would be petitioned tor. Bearman inquired whether there was road encroachment into the flood plain. Sathre responded affirmative, but it would be included in the 20% proposed fill . Bentley asked whether installing the sewer from the north would constitute development of the property beyond the staff report indications? Sathre , in r;:ferring to the staff report , indicated that the client would elect to petition to develop the entire road to the north and would participate in paving for it. The Planner explained that if the south part of the read is constructed without the knowledge of the property owner to the north , it would create a landlocking type of a problem for that dwner. Bentley questioned whether it was normal procedure to build the sewer down through an area where there is no road as yet. The Planner Explained the sewer could be put -in where a projected road wil ; be. • The Planner explained that the Planning staff is concerned that there is no framework for land uses , and referred the Planning Commission to the suggested land uses outlined in the staff report. Bentley inquired what the City' s present position is regarding the filling of flood plain. The Planner responded that according to the Flood Plain Ordinance of the City, any fill does require a pewit. The City has usually agreed to the recommendations of the Watershed District on the amour3t of encroachment allowed in a project, which could be from 15% to 20�, as related to the water storage capacity. Levitt pointed out that the land is presently zoned Regional -Commercial , and what would prevent the proponent from developing presently. The Planner explained that platting would be necessary , and he felt that the Commercial - Regional zoning is not the appropriate zoning category which they are proposing. Martinson. inquired whether the proponent had spoken to the resident to the north about the road. Sathre responded negative. Torjesen asked the proponent hcw he felt about the staff rrL;ommendations . Sathre responded that their proposal is -very conceptual at this time , and that they are working with the Staff to better define the uses. Bearman questioned how much of the hill they propose to cut down to meet the elevation of Valley View Road. Sathre responded about 20' of the hill would be- cut to achieve a plateau effect. r `f iapproved Planning Commission Min"tes No 6 - May 140 1979 C. SI.-Whoelifelder PUD. . . . Public Hearing (cont' d) Gartner commented that throu4h the nelohhorhnnd mnntinnc nn +6, ,. - - -- - . . .... v,.V uU 1UC Plan, most of the residents were in favor of keeping the character of Eden Prairie without a lot or' 1 -and alteration. _ Bentley commented that the proposal does not have anything specific at this time and therefore feels the plan is premature. MOTION: Bentley moved to close the Public Hearing on the Schoenfelder PUD. Retterath seconded, Motion carried unartim usiy. MOTION: Bentley moves, to recommbnd to the City Council denial of the ` Schoenfelder PUD Concept. To:jesen seconded. DISCUSSION: Torjesen felt the proponent should be asked whether he could come back and meet the conerns expressed tonight , and whether he preferred z to have his request continued. Sathre responded they would like to hav2 the reycaest continued, because he felt it would be better for Staff and themselves to work out the concerns and come hack to the next meeting. WITHDRAWAL OF MOTION- Bentley withdrew the Motion , the second was withdrawn. MOTION: Bentley moved to continue the Schoenfelder PUD request to the meeting of June 11 , 1979. Torjesen seconded , the motion carried 4-3-0. Martinson , Bentley, Torjesen, and Levitt voting "aye" ; Bearman, Gartner, and Retter _th voting "nay" . D. DUCK LAKE VISTA, inquest by Pierce & Associates to rezone approximately 20 acres from Rural to R1-13. 5 and RM 6. 5 , and preliminary platting of 30 single family homes and 5 doubles. A Public Nearing. Mr. Tim Pierce, Pierce & Associates , presented the prcposa'l , explaining that the new plat was changed to 28 single family homes and two double horse lots. Mr. Cardarelle, Cardarelle & Associates, Inc.. , explained that they have tried to address the requests of the DNR. Their intention is not to do any filling,tceess as near t o the south om the bridge as possible is for the purpose of sight distance, and they are trying .to line up the road with North Hill crest Ct. Road. Road right-of-way will be 50' . Bearinan inquired what the normal high water mark for this area was. The Planner responded that it is approximately 915. 3, which is the high water mark for Duck Lake. Further information is expected from the DNR in setting the high water, mark for this area. The Planner discussed the cul-de-sacs in the plat, and noted that they Iacked the 90' frontage according to the Ordinance. Cardarelle questioned the 90' frcntaaP requirement, and why it was required. Beaman explained that it is r � because of: . snow rwioval problems (1 mile of straight road equals one cul-de-sac maintenance) ; mail delivery and utility service problems , and lack of on street parking that make this requirement important. I approved Planning Commission +Minutes - 8 - May 14 , 1979 E. AMERICAN BAPTIST HOMES OF THE MIDWEST, INC. , request for interim use permit at 7928 Eden Road. Fonverly Lund property) f_A4c4 Uk. JVe VILe—President OT American baptist lionles of the Midwest , Inc. presented the request , explaining that this is a non-profit organization which operates nursing homes , retirement renters and homes for the mentally retarded. Ede pointed out the legal distinc- tion, of not being a Church , but is affiliated with a Church . (Dine people would make up the office staff , with five traveling extensively. Bearman questioned the validity o` transferring the interim use agree- ment %- hen there is no provision -in our Ordinances for an interim agreement. The Pl;_riner discussed the events leading up to the granting of the i1ite_rim use pennit last year, explaining that it was contemplated originally as a drapery design shop. There are no homes to the east and is - bordered on the west by a single family home. The Planner explained that this plan wculd not meet criteria of office zoning becausq of parking. Levitt conunented that the Commission does not have any guide lines to follow in reviewing interim uses. Bentley referred to the recent joint meeting held with the City Council where determination of interi;r uses was discussed and one of the suggestions made was there should be no additions made to the existing buildings . He felt that after American Baptist Homes owned the deed , then they should come back with their request. Martinson did not feel the use would be incompatible. Levitt felt the screEning was not adequate. Mr. Cal Anderson , properttiy ovmer directly east , presented a letter from adjoining property owners drawer up by an attorney, •addressing their concerns. He informed the Commission that their objections have beef; answered by the American Baptist Homes representatives. Torjesen questioned the intention of the proposed addition. Higgens res- ponded that ik. wi11 conform to the building requircf ents of the area. Their intention is to use the building for 4 years , and if the land is developed around it, they plan uil building an office building. MOTION: Toriesen moved to rPcormend approval for continuance of the interim use agreement by a different land owner based upon the Staff Report of flay 10, 1979. Martinson seconded, motion wai denied 3-4-0; Torjesen, Martinson and Retterath voting "aye" ; Bearman, Bentley, Gartner, and Levitt voting "nay" . 5 %approved Planning Commission Minutes - 10 - May 14, 1979 F. Bachman!Anderson. landscaping plan. (cont'd) Levitt pointed out that Middleton s concerns were about the tree l /ne. t He asked Dr. French what the condition of the oaks was. French resDonded'. that they are old and it is difficult to tell how long they may live. Mr. dike Shultz, 8040 Ensign Rd, , Bloomington, inquired how old time trees on top of the hill were; and how many trees viere estimated as being over ,fd ♦.:... ♦ d ♦heat~ I..e rs e Man- trees over F5 years Old �.7 yCQ��� V IU• 1=rC11�.h �5 V 1a/3 b�v MAGI �. Nu.. .. ...w.. . �.� .. - on the site, but felt that those along the road were most important because of having m., re stature and being in better condition. Hartmann questioned the grading on top of the hill . Pope explained the road was re-aligned from the original plan to avoid more significant trees. Hartmann questioned further on whether more impervious surf,^e would be added. Pope responded negative, and referred to developer' s agreement signed with the City. The Planner answered questions on the wildlife barrier proposed for to the south u: the project. Levitt y:mestzened the residents as to what specific objections they had to the iardscaping plan. Objes:tions were stated as opposition to cutting down of the hill and trees. The Pl an-nEr expl�ine. that the Environmental Quality hoard made a land use decision on th- .. ,-oject, determining that this Project was not of the scope of environmental significance. M1111T VIN: Gartner ,roved to continue Zhe Bachman/Anderson review of site develop went and landscaping plan until June 11 . Bentley seconded. DISCUSS;03: TorjEser, eos-ante% that he felt inadequate vote approval , and would pre.- ,Car %.o see the site and work with the neighbors. Levitt con,:,anted that he could appreciate to position of the new members , but the project has been reviewed for a year, and tie would not- care to go through the prncess again. Toviesen cal 'pd for the question. VOTE: The was denied on a v;)te of 2-4 ; Gartner, Torjesen . and Bentley voting ".aye' ; Martinson, Gearman, Levitt and F.rtterath voting "nay" . MTIOU: REtterath moved to approve the final landscaping plans submitted b3 Ba:hrisn/Aq,1ewson dated May 1G. 1979. Martinson seconded , motion carried 4-2-1 ; tiearr.,in , Lr'vitt , Vlar•tinson , and Ketterath voi.irig "ay::" ; ltlw—tree apd p'a'"tiley votinel "r:ayh ; and Torjpcen "abstaining" . - BtzT'.'ev clarified hie negative vote. ;, CEmmentinq that the 11achwan/Anderson but he could not vote favorably because the residents rani r ct been :mt "I th. - - s y Nay 149 1979 Chairperson and mobers of the Planning and toning Ca®iasions Me Anderson Lakes Peaperty Owner's Association inadvez te"Uw ford that ikek sea-Anderson was going to appear before you with a reviwd dowel- plan. the pbose call was aide to Chris Baser bemuse we ossopwAtlas is of a watch the shoran end lands of the lake elosely MA we ware eonelrMs!! tit the developers hod not wA with the residents as the d aopearas agree- XIM!!t,615"d' Jww Me 1976 i�1PAates. Since tie pkene call. tw afta - Prairie residents and coo Mocei►ngtat r"idsst WW% e:et IUM. After the secretary at 1rause-Aedwwm p Baakwn-Aade re•n•s dad fivmv OnUed to arrange a mettiq of latwested /awl► awwbers. ow pn wdldl wt fbal ly re- eeived a notice of the hsarUg. an last i'lwraday. I realise tint the oittiy feels they may have to lltlfill too lowZ • of noUfioatim but a lour story 1ati.L4l in the n 004 s at itmamors is an in- trusion *A Itait•d to a M WAMM ram. I u a64 u do Dates aaby times In the pest, that the plt—lt"4LW- ire the officers and all affected io a two ISM Ust oon id 1 wad to being properly lodoR sd. Urosp Ow tw*.wrm4Wft1 awd f ftl twrU% of tke Jkmvi tal finality boards do LAsrwsd tit MW d"isles vat to require an Bbrioemsental Taps ct Stat+snssat far this project me lariply m the ftv*lapwr's ag,*rewunt referred to wrlier. U itm It of this ai w to aiSoed by Roger Ol tstad� Mayor Prowl and Jim AtherUng "lino Owsr shall ft t with City Staff and aftevied 11swd�tg rOA& Mts for, ritrum of drainage and letdsasping plane to 'Miffs. !.hw oo! ee v" Aftm eleas fssdla" We O.qew his not UiW to any residents ""wv the last itMa &4# in the a sr of 19M. U* 3eosetary, !iron �M-A�lgl dw saMA to an up a NvA3wg on %be property to to, ftt *I* with residents a saUed Ad satt mUed the:last Wedaes- day sWUq bsoawo of rasa and fit was the rely ouat act wellve had witdt $01104 .0VIO *lovely Inveltod with tila prieJect, i _. Item 13 in the developer"s agreement refers to a*variance of the mximn height restriction in Ordinance 135 from 35" Which is allowed to a =Lxiwm of 459.' This was agreed to because of the trees which were to be kept at the top of the hill. The 4311 height of the building would thus have been eveu with the tree line at the top of the hill for xinls dir+epti.on of aesthe- tics. Much of the -City•s and* the 4ow6loperla testiaony in favor of this project used the height of the tree line as a major positive. The 30 staff also ". ferred to the beight of the !wilding not excsading the tree lima as a positive point in favor of less sight disruption. If there is any change in the treel no by rew,7al of those huge oaks, it will certainly not be in the spirit of the dev%Yloper's agreement nor the City and developers te►stinogr of little disruption. The roalise of the four-story building ex- oeeded the height oIA the hill at -913• above sea level by three stories. The effect fboa lake level at a high water nark of 8386 is that of a 10 to 12 story building. Without the trees, that s:fect is enlarged. The item on seawity 11ghting, which the pity council paced In their resolution; but which was left out of the developer•s agreement by mistakev as the city admitted in tostlsony, west be addressed. If the parking area is to be increased to provide for more oars on just one leve? , that will be an increase of ingervievs awfaue from the developergs agreement for Phase I glan�t.. T*e $QB referred in their sta tmeent $d plans for other office buildings - - In the area.- Moor pl ns haw now -bem witbdrtwu cad there ars no plans for aaq office buildings on either side of this development. To foUaw the developer's ogreenerte the residents shouted be working with the Owner to at least revlew the landscaping and dmInage pleas. We waald ask that this be done i that approval be delay a t" wens to give time for tbo part.iev involved to share ir&ormation and receive input., This would mot seem to be velsasonable and would boo is keeping with the agreement with the City which is a legal domant. - This woald certainly help bring a I _ r r M • u3- Prat this body and allow for the serial conaideration uhicb the As.c:.wwm Lakes Regional WIIdlire Park area deserves. ?hank yqa for yaw coes3derstUm In hearing this letter. Gem" st= V. President wdersoe Lakes Pro}arm Owners i•aumlatim m +d J. W ,7 w8„i YI wI, A di101 ihlAN"i lu 111Nk 16 Wu YW14'.61 VjW. 1LI IififtiVw aji iit Jii*ilca ' 4 approved Planning Commission Minutes May 14, 1979 V. PETITIONS AND REQUESTS ' A. Discussior, o !4CA In{_eri:,i Use Ordinar►ce MOT!Ct;: : nettera th moored to conti n-je the !MCA i^terim ;use Ordinance d� SC!rSS ►on. �z;:''rrC'1' SPCn��"^_C . m-o}ion carried UllLnfi-:ous, , '. VI . PLA'11;='." S R PO T None. V: I . OLD i>USI?!ESS None. VIII . NEWT 6LES1NiESS None. IX . ADJCU?NiP,ENT MOTI014: "entley moiled to adjourn at 12 : 15 AMI. Retterath seconded , motion carried unaniiiously.