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Planning Commission - 07/23/1979 F 4 AGENDA EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 23, 1979 _ 7:30 PM, CITY WALL C"ISSION MEMBERS: Chairman William Bcarman, Liz Aetterath, Oke Martinson, Matthew Levitt, Virginia . Gartner, Hakon Torjesen, and George motley STAFF MEMBERS: Chris Enger, Director of Planning Jean Johnson, Assistant Planner Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL 1. APPROVAL OF AGENDA II. MINUTES OF JULY 9, 1979 . 1 III. MEMBERS REPORTS IV. REPORTS AND RECOM ENDAT IONS A. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT. Dark~11 Real Estate. Request or rezoning from ura to Cbmmgrcial -Regional -Service for 2 lots and preliminary platting for 1 lot. A continued public hearing. B. CARDINAL CREEK ESTATES, PHASE 29 Western Construction Co"any, r"dest nr rezoning of approximately 30 acres from Rural to R1-13.5 and preliminary platting of 27 single family lots. A pow-blic hearing. C. - LEPARC J.C. Kohl rusch, request for rezoni ng approxintely 35 acres from Rural to I-2 anu preliminary platting of (6) 5 ecre lots ftr industrial uses. A public hearing. D. MITCHELL HEIGHTS TOWNHOUSES Ryco Devel opment Incorporated, request to revise the . i t hell Heights PUD (72-3){zoned RK 2.5 for 96 units of multiple family upom approximately 15 acres) aW preliminary plat the proj*rt-y. A public hearing. 11. PETITIONS AND RE JESTS VT. pLAXNFR'c OPOMT A. OLD FAR-1 ADD T I0m, reed s i ons to s tree t sys top. vI I . Aw D BUSINESSVIII . IX. T.r :;_o;r ti +.,..{ ML r►"3 •. -ram « . .- .r....�.__.___ a'S-:"� EDEN PRAIRIE PLANNING COMMISSION MINUTES approved MONDAY, JULY 239 1979 7:30 PM, CITY ;TALL CUiMISSION PIEM13LKS NRESENf : Vice-Chairperson Liz Retterath, Oke Martinson , George Bentley, Matthew Levitt, Hakon Torjesen COMMISSION MEMBERS ABSENT: William Beaman and Virginia Gartner COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL L. APPROVAL OF AGENDA MOTION : Bentley moved to approve the agenda as published. Torjesen seconded , motion carried 5-0. II : MINUTES OF JULY 9. 1979 The following corrections were requested; pg. 2, para. 3, delete sentence; add "Tor-jesen commented that Mr. Peterson was in compliance with Paragraph 17 of the Developer' s Agreement. pg. 2, para. 5, delete "on file" ; add "recorded" . pg. 2 , para. 7; charge MOTION to read as follows : Bentley moved to recommend rezoning from I-2 back to Rural for Lot 11 , Block 3, Yorkshire Point. Gartner seconded, motion carried 3 -1 ; Bentley, Gartner and Martinsoo voting "aye" ; Bearman and Torjesen voting "nay'" and Levitt "abstaining . " pg. 3, para. 7, delete "Co. Rd. 18% add "Co. Rd. 62" , pg. 5 , last para. , delete "felt tndt" ; add "questioned whether" . MOTION: Bentley moved to approve the minutes of July 9, 1979 as published and amended. Martinson seconded, motion carries;, with Retterath abstaining. Bentley read Statement on his abstaining vote on the Independent Millwork Properties Development at the Planning Commission meeting of July 9 and requested Commission direction: on participation in two projects before the Conviission presently. (The Statement was made a part of the Minutes) The Commissioners ' consensus was that Bentley's participation was acceptable . A. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT Darkenwald Real Estate. Request for rezoning from Rural to Commercial-Regiondl- Service for 2 lots and preliminary platting for 1 lot, A continued public hearing. 'he Planning Director explained the Planning Commission action of July 9, 1979 and the new landscaping plan illustrating the buffering r to' the north . nJl ,yW y iYi .. n u i u u lu At the Plann—Ln'g and Zoning Commission meeting of July 9, 1979, I abstained- from voting on the Independent IdIlwork Properties Development, by Darkerrmald Real Estate. I would like to publicly explain that vote. Icy reason for abstaining is that Bruce Knutson of Bruce Knutson Archjtects, .Inc. , the architectural firm employed on this project is my wife's stepsister's husband. While we have very little contact outside of family functions, I felt that to avoid the i��-ession of con�'lict of interest I should abstain. I Wntjld +r% rn;n+ out that an t1he .,..;r.;.. 1 rM r"n-3 Creek request of several months ago, a project with the same architectural firm, I was not aware of the connection until the actual meeting occurred. I did vote on that project w1th an objective mind based upon the merits of the project as presented. During this Planning and Zoning Cocanission Meeting of July 23, 19'/9, two requests, the Independent Mdllsrork Properties Develoixrent and Cardinal Creak Phase 2, 4rill be before us for our consideration and possible votes. Both proposals have employed Bruce Knutson Architects, Inc. I ask the Cow-ission's pleasure regarding nay participation on these projects. I have had no conem:nication with Bruce Knutson on eithTr of there projects, and I do believe that I can be completely objective in sir eonsaderations. I as!. that this stater,�_-nt be made part cf the minutes of this meeting. oved Planning Commission Minutes _ 3 _ July 239 1y 1979 A. INDEPENDENT MILLWORK ' PROPERTIES DEV. . continued public hearing MOTION: Levitt roved to close Public Hearing on the Independent Millwork Properties preliminary plat. Torjesen secon&_d , motion carried 5-0. MOTION #2: - Levitt moved to recommend to the City Council approval of the rezoning of the 179' west of Titus Road from Rural to C-Regional - Service , based upon the plans dated July 7, 1979 and July 20, 1979, and the staff report of July 5, 1979, subject to: Requirement of plans for 20' maximum height cut-off luminaire lighting and detailed landscaping plans acceptable to the Staff be submitted prior to City Council consideration. Torjesen seconded , motion carried 5-0. MOTiGN #3: Levitt moved to recommend to the City Council approval of the preliminary plat dated July 20, 1979 , as per staff report of July 5 , 1979 and subject to stipulations as listed in MOTION #2. Torjesen seconded , motion carried 5-0. S. CARDINAL CREEK ESTATES, PHASE 2 , Western Con,stru.tion Compaoy, request for rezoning of approximately 30 acres from Rural to RI -13.5 and preliminary platting of 27 single family lots . A public hearing. Mr. Billy Bye, The Litchfield Corporation, presented the plan, explaining the history of the PUJ for the area. They have met with the neighbors to the west, who also fe'it that this was the best land use. The plan confonm. s to the existing Guide Plan and the 1979 Guide Plan Update standards in their opinion. . Bye introduced Mr. and Mrs , Russell Marsh, fee owners , and their Attorney. mr. Lyle Folkestad, Bruce Knutson Architects Inc. , explained the lot pat-tern , with the grading intended to emohasize the imoact of land. The Planner discussed the FINDINGS AND CONCLUSIONS of the staff report. He - explained that the Community Services Director felt there was relatively little area for active play space , and that the center island area would provide a nicefocal point for the development with a tot lot, either main- tained by the City or a Homeowner Association. He suggested re-working of the grade with the possibility of opening up the loop road by increasing frontages . He spoke to the mitigating factors of the long cul-de-sac and suggested it connect eventually through to the Topview Acres area . Encroachment of some of the lots into the flood plain was discussed, and preservations of the flood plain aree by the use- of a restrictive covenant or scenic easement. Folkestad responded they were in favor of preservation of open space. approved Planning Coemision Minutes - 5 - July. 23, 1979 u. tAKOINAL GREEK ESTATES.__ . _ _. .public hearing (continued) Bentley pointed out that if the connection were planned for, it would eventually be built because it was contained in the recommendations. Rette:•ath felt there would be a hazardous traffic situation 4,f the CAPAnnec ti on made. MOTION #1 : Martinson moved to close the public hearing ^n Cardinal Creek preliminary plat. Bentley seconded, mu%Aon carried 5-0. MOTION #2 : Martinson moved to recommend to the City Council approval of the rezoning srom Rural to R1 -13.5 as per the plan presented tonight dated July 23, 1979, and the staff report of July 19, 1979 with the following modifications : Deletion of nos . 1 , 3, and that portion of no . 4 dealing with the installation of sidewalk and enlarged right-of-way from RECO MENDATIONS. Torjesen seconded . DISCUSSION The-Plannir pointed out the addition of one more lot in the plan pr•=.,sented tonight from the plan previously submitted. Gustafson explained that part of Lots 1 and 2 are drawn out of Lot 8. dnd what is shown as an extra lot is part of Cardinal Creek Phase 2. Torjesen inquired further about the frontage shown for the cul -de-sac lots , and what the frontage was at the building pad. The Planner explained that the frontage is 55' , and that the Ordinance requires 90" frontages . Conmoo practice has been to allow 40' and up cn a cul -de-sac. The frontage from the building pads is 110' . VOTE: R'otion carried 4-1 , with Levitt voting "nay" . M©IIO�� #3: Martinson moved tc recommend to the City Council approval of the = preliminary plat presented tonight dated July 23 , 1979 and as per the. staff report of July 19, 1979, with tfic above •deletions from REC0141ENDATTONS of the staff report. Torjesen secoi;ded, motion carried 4-1 , with Lev-Ott vo- ing "nay" C. LEPARC, J .C . Kohlrusch , request for rezoning approximately 35 acres from Rural to I-2 and preliminary platting of (6) 5 acre lots for industrial uses . A public hearing. The Planner referred .to new plans submitted dated 7/23/79. Mr. Dave Husby, Rieke- Carroll -Muller Ascnriatac Tnr ., explaining that the request was for rezoning of the entire 35 acres to 1-2. He discussed the dedication of a strip 'of residential land needed to construct the ne:.-ssary link to tie in with Shady Oak extension. The drainage would be tied in with the area to the north. They are in agreement with the recommenda- tions of the staff report . The Planner discussed the staff report, explaining thAt the EAW would be brought forward before thn proposal :;ocs before the City Council ; County reconmn iations oil road services within right-of-way be brought tip to County standards; and further landscaping plan illustrating the buffer from residential use. ;i+:t:''�'Sl/;+;'�T"�►�z' -._vr=^�^�.`'�.�;^7'� �'+k.i•':ir •(�^`�'VNnin_w�'�-7�'�'i�ASi+t'."7w•� ,►.� � •.�.+l.as...iv.:.�n �.....�...-- — . PLANNING COMMISSION MINUTES doapproved 7 July 23, j..o 79 D. MITCHELL HEIGHTS TOWNHOUSESpublic hear in (cont' ) Mr. Dolan presented the proposal and explained the history of the site as related to the 1972 PUD. Their plan is for 92 townhouses , which is 37% of what was on qi na l l y proposed, and1 t4i l l include 3 uo"�C^..":� and an umbrella type Association to cover recreation and swimming pool . The project includes "clustered areas" and "view units" , and they will be petitioning the City to construct the Anderson Lakes Par!,way extension as relates to their project. Their intention was to put in tot lots throughout the units , and additional guest parking areas . The Planner discussed the staff report recommendations , eXplaining that one of the main concerns is that the 2nd phase is contingent uron the construction of Anderson Lakes Parkway extension. For a complete rav7t_•j of the proposal , he requested a grading plan be submitted , and also sungestei that it would b° beneficial to tie the two phases together by the inc%sior of a "knock do-an barrier" in order to be open to emergency vehicles . Alignment of k:^derson Lakes Parkway was discussed, and the Planner explained when the Parkway was proposed 'Lo occur. Bentley questioned the amount of high density residential in thir ar`�: The Planner explained the background of the land according to the Major Center Sector Study. Dolan responded to staff r•econrmerdation cf connection b-twtan the v pr•e.- jects , explaining they de not object to this , but would like Iw:: Homeowner Associations , and added that they do not want a roan corrnec inn to the apartment complex. The grading between the two projects was questioned, and Dolan r�+, n, ��„d tslc'••L' was about 15 ' difference between the two. Screening of recreational vehicles was discussed, wit;, the suggestinn of regulating th-is by restrictive covenants . Torjesen expressed concern that the City could be eve:ly . estricove to _ residents who have opted to live in this area. Ms. Lois Velasco, Vice- 'resident of Ryco Development Incorporated, explained she has been working with multiple family housing around the Metro area , and said that restrictive covenants are not unusual . One of the residents from the area expressed concern with the high speed of some vOWMS on Mitchell Road; the need for a park ; arid teas not ir.._favor of providing parking spaces for recr"e,.tiunal vehicles in this area . The Planner commented that, a landscaping Alin will have to be sutvmit,ted before 3 consideration by the City Council . In response to ► 3ponent ' s concern N th a tight ti fram h � 'c ; r l tree e , t � Crr _ s .on was in agreement that, they could r•;,fluest d public hearing hefc�r•A tliu= .".ojinciI as soon as possible, providing the proper mat.nriais were stiWitted firs', . .✓I✓ .i++. . .Yi w r. '.YUJ .i .. .YY Am. �r. 1.r J IYI IA approved Planning Commission Minutes - 2 - July 23, 1979 A. INDEPENDcNT MILLWORK PROPERTIES DEVELOWENT.. . .continued public hearing. Mr. Pat Fitzsimmcmc nrPCPntPd tho rrhanrpe marin +.. ��... n�........�L �+ 0 _ _ _ _.......�,.,, •uM 4�. w •.�.a, �.v a,.�uc�uQ l , L I UU U 1 drl , explaining than they agreed that there was a need for additional Darking spaces , and they presently show 59 spaces . He addressed the concern expressed during the last Planning Commission meeting . of a buffer in the rear of the building, explaining it would be an 8' wall . Martinson inquired how the end of proposed Titus Road would be handled . Fitzsimmons responded that they would construct a berm high enough to pre-- vent headlights from shining into residential area. y Screening of rooftop mechanical equipment was discussed , and Fitzsimmons agreed to look into a "parapet" type of screening. Mr. BrucF Dahlmeier, contractor for -4r. Fitzsimmons , answered questions on the type of 1 i gh t i na t1he y intended to use for the parking area , and agreed to 1 ook into the cut-off 1 umi nai re type lighting of maximum height of' 20 . He explained they would use lighting spotted on their building for identification purposes. Bentley questioned the intended screening of the parking lot along West 78th St . The Planner responded that the proponent does not have an adequate landscapin plan submitted. and would have one in before Council consideration. Torjesen asked for clarification on what the Commission was voting on tonight. The Planner explained that the request is for rezoning and preliminary platting of the handball court only. Mr. Richard Lynch, 11426 Leona Road questioned the intended uses of the Racquetball Club. Fitzsimmons responded the would be no food served and it would be used as a ragvetball club only. r Mr. Bill Darkenwald, Darkenwald Real Estate , ^uestioned the park fee require- ment, explaining that it was their understanding that if the road right-of-way was dedicated, no cash park fee was necessary The Planner responded that normally the City would separate road right-of-way and park dedication. He explained that the Cash Park Fee Ordinance was enacted in 1976 and is balanced off before every project that comes before us. . Torjesen inquired which of the property owners would be responsible for the berming? The Planner explained that it could be installed at the time of Titus Road construction. Mr. Fitzsimmons agreed that he could do the berming as a part of his site gracing. Levitt asked about the restaurant zoning proposal previously requested during the July 9th meeting. Darkenwald responded that the request for rezoning had been withdrawn, but that the request for restaurant use within the P.U.D. was still in effect. approved Planning Commission Minutes - 4 - July 23, 1979 B. CARDINAL CREEK ESTATES , PHASE 2 . .public (cont'd) Levitt asked for proponents ' response to staff report recommendavion that All 7ntc hA hrnivnht to A Qn, minimum fir ^ronn riictafcrrn Attni nav fnr Western Construction Company, Inc. , explained that the area where the plan goes below the -mi ni!nuin frontage was done in response to request to minimize amount of cul -de-sacs . They feel it -would affect terrain very negatively , and did respond by making one cul -de-sac in the small tot lot area and adding one lot to their project. Gustafson addressed the staff recornmer.dation of a road going throgh to the Topview area and are opposed to it. Bentley pointed out that the direction of the City toward cul -de-sacs is very negative because of maintenance problems and the safety factor invnlved with only one way in and out . He noted that eventually there would be a pars% south of Valley View Rd. The Planner explained that in other projects considered such as Olympic Hills Sixth Addition , and lleudow 'ark, the City has favored reducinq the length of the cul -de-sacs and the staff has tried to show the potential of another way out of the project. RetLerath inquired what the ordinance requirements are for cul -de-sac lengths . The Planner responded. 500 ' . Bye explained tho configuration of the land in the area , and stressed that he did not feel it was the responsibility of the City or the proponent to disturb the land to the south by building a road through. Bentley questioned plans for the ''dry pond" area . Bye responded that they feel with proper drainage , they will attempt to restore the lake. Bentley suggested that residents should be made aware t"at it is dry now, but may be a lake eventually. The grading on the east west through road was discussed , and the proponent agreed to the grade alteration change from 121i% to a maximum of 7`-',% and would work with the S Zaff on this change . Torjesen questiored the proponents ' response to the suggestion of the tot lot area . Gustafson explained that they felt 'it was too "busy" = an area for small children , and were in favor of- a tennis court. Mr. Arnold Beckman, 12900 Gerard Drive, resident of '25 years , expressed opposition to the extension of a road from Cardinal Creek to Gerard Drive , because it would go right between his house and the Larry Hanson parcel . The Planner noted that he had received a long distance phone call from Mr. Hanson stating his opposition to the road extension. Levitt pointed out that the road extension was only a suggestion from a plan,.ing standpoint if at such time the land world be developed . Torjesen inquired whether the. staff las aware of any citizens in the Topvierr Area who desired this road going through their area . The Planner responded "negative" . approved Planning Commission Minutes - 6 July 23, 1979 C. LEPARC . I. C. Kohlrusch._ . .public hearing (cont'd) Bentley questiored M of the staff report. The Planner responded that buildaple lots must be within constraints of state and local standa►,ds - and when approval is recomriended of industrial lots , i z is given ,.ii th the idea that the developer will ha-:Ie to make the lots accept?hle for building. Bentley asked about stor,;.- drainage provisions , with Husby responding that a skimmer man hole is included in their rlan . Bentley inquired further on whether the proponent had adjacent property o;,rriers ��er•nrission for storri draining ponds . Husby rnspin6ed they �'n not have that pe-1-134 ss i on yet and do no L have an alternate Plan . The Pl annAr «dd d L h a t all owners should be aware of where the Storm drainage holding ponds will be . General discussion and gr,neral agreement to(;:: place on the Hennepin County Departn;cnt of Transportation letter- of 7!U)/79. The differences between the I -2 and I-5 zoning districts was discussed , and busby expla, ned they are requestin,-i I-2 rather than I-5 , becLuse the I-2 district gives more flexibility in building, allowing more parking spaces . 0 Torjesen questiened constri.ectina a road subject to Shady Leak Road and what happened if the developer- reached the point of poor soil and could not complete the road. The Planner responded that the builder is bonded to insure that the .road is completed. Mr. Jay Kohlrusch , proponent, commented that according to Braun Engineering , the road can be completed. The Planner added that the City will not take over maintonance of she road until it is coo► pl eted to City standards , which will probably be about 2 years . MOTION #', : Bentley moved to close the public hear Mg on LeParc preliminary plat. Martinson seconded, motion carried 5-0. MOTION #2: Bentley moved to recommend to the City Council epproval of rezoning from Rural to I-2 as per the plans dated July 2 , 1979 and July 23, 1979 and staff report of July 19, 1979, contingent upon the procurement of prooerty rights fo, stoop; sewer lines and holding ponds from adjacent property to the west Mai tinson seconded , motion carried 5-0. MOTION #3: Bentley moved to recommend to the City Council approval of preliminary plat dated July 29 1979 and staff report of July 19, 1979 , with the same contingency as in MOTION #2 .Mairtinson seconded, motion carried 5-0. U. MITCHELL HEIGHTS TOWNHOUSES , Ryco Development Incorporated, request to revise the Mitchell Heights PUD (72-3) (zoned RM 2. 5 for 94 units of multipl family upon approximately 15 acres) and preliminary plat the property. A public hearing. Mr. Donald Gill , Director of Development and Marketing for Ryco Jevelopmemt Incorporated, introduced the architects for the project , Mr. Bill Dolan and M,�. Ralph Ruliffson, Koehnlein, l_ightowler and Johnson Inr . approved Planning Commission Minutes - 8 - July 23, 1979 D. MI T CHELL HE IGH I S T u:•iNHOUSES. . pub i i c nearing t con t °d j MOTION : Torjesen moved to continue the public hearing on the preliminary plat for Mitchell Heights Townhouses dated July 5 , 1979 to the Planning Commission meeting of August 13 , 1 ;79, with the contingency that the proponent i .ay request a public hearing before the City Council ut this time . Levitt seccrid`d , motion carried 5-0. V. PETUIONS AND P, QUESTS VI . PLANNER ' S REPORT A. OLD FARM ADDITION , revisions to street system. The Planner explained that +his ►,rviOct was nrievi outl y proposed and action taker, . One of theconcerns w( s the connc t;on to the south , and whEre the road &:,mes out in relation to the !Atherton Townhouse/Chestnut Apartment entrance . Upcn direction by the P anni na Commission , the staff has met with the property owner to the south to r�-solve the connection. Cop -ioners directed Staff to relay concr-rn of Planning Corrnission to Mr. Peterson on styling and "barracks" effect of the proposed houses . UPCO11ING PROJECTS The Piar-. _ hriof1y summarized the following project- upcoming for August 13th nieeting : Genyea Invest. Co . , Overlook Place by Hustzd , Richard Anderson ' s Third, Fourth and Fifth Additions , and Hidden Cle;► . V: I . O( D BUSINESS - None VIII . NEW BUSINESS - None IX. ADJOURNMENT MOTION: Torjesen moved tc adjourn at 12 :00 PM. Bentley seconded, motion carried unanimously. E . - sr