Planning Commission - 09/10/1979 AGENDA
1
PLUMING C"ISSION
• NONDAY, SEPTEMBER 10, 19779
7:30 PH, CITY HALL
COMMISSION MEMBERS: Chairman William Bearw, Liz netterath,
Oke Martinson, Matthew Levitt, Virginia
Gartner, Hakon Todesen, and George
-- - Bentley.
STAFF MEMBERS: Chris Enger, Director of Planning
Jean Johnson, Assistant Player
STIMATED TIME -PLEDGE OF -ALLEGIANCE - ROLL CALL
P.N.
7:30 I. APPROVAL OF AGENDA
7:35 II. APPROVAL Or THE MINUTES OF AUGUST 27, 1979
7:40 III. .MEMBERS REPORTS
IV. REPORTS AND RECOMMENDATIONS ,
7:45 A. GONYEA PUD, request for PUD Concept approval for 37 acres for.
duplexes , elderly housing, offices, and restaurant uses. A
continued public hearing.
B: B. HIDDEN GLEN, request by Zachman for PUD Concept approval of
single am y attached and detached on approxiMtely i25 acres. A
continued public hearing.
8:45 C. SHADY OAK INDUSTRIAL PARK 3RD b STH ADDITIONS, by Richard W. Anderson.
Request to rezone fromura to - a acres for approx.
9 industrial lots: and approval of Environmental Asxesswent
Worksheet. Located SW of new Shady Oak Reed construction. A
continued public nearing.
9:00 0. Nemec Knolls, by Mr. A Mrs. Dona 1 d Nemec. Request zo rezone
R-w Rurai-fa R1 - 13.5 and preliminary plat 3 acres into 5 single
family lots. Located at 4449 Creek Knoll Road. A public �.
herring. . '
9:20 E. Creekview Estates, by Larry Heinen. Request °h rezone frto
Rural to RI-13.5 and preliminary plat 25.5 acres into 29 single
family lots. Located at 9 W i 9940 Bennett Place. A public
hearing.
9:50 F. Mile West Office Building, by Bud Andrus. Request to rezone
.78 acres ;'(�111 _- m to W ice for a► w'i t i tenant 01,1 i ce
bui ldib ng. Located (test of Purgatory Creek and North of NacDwalds.
10:20 F. Michelangelo Gardens , by Rembrandt Efrterprises , Inc. Request for
PUD Concept approval f - 'por medium hi density residential oa �
acres located East of US 169/212 and north of Nine Mi 1 e Crew.'
A public hearing.
H. House -Novi ordinance '
' V. OLD BUSINESS
-VI. MEN BUSINESS
11 :00 V11 . PLANNER-'S REPORT
11: 15 V111 . ADJOURNMENT �.
�!/ ^�Kia. ,✓. - _� QQom�,,
MINUTES approved
Monday, September 10, 1979 7:30 PM City Hall
COMMISSION MEMBERS PRESENT: Chairman William Bearman, George Bentley, Matthew
Levitt, Hakon Torjesen, Virginia Gartner, Liz
Retterath, Oke Martinson
STAFF MEMBERS PRESENT: Chris Enger, Director of Planning
Jean Johnson, Assistant Planner
KEDGE OF ALLEGIANCE - ROLL C! L
I. APPROVAL OF AGENDA
bentl ey move artner seconded, to approve the agenda as submitted.
Motion carried unanimously.
II . APPROVAL OF THE AUGUST 27 , 1979 MINUTES
P. 1, IV.A. 3rd P. 6th line- should read . . County Road 1 is realigned.
P. 3, 1Y.A. 1st P, 3rd line- should read . . and the neighbors ' declared
refusal to accept this state ^f affairs. . . .
P.65C. 7th P. should read that we might be allowing too crowded
a look in this area.
P.7,C. Motion, delete " to the City Council"
Motion
flrjesen moved, Martinson seconded, to approve the minutes as submitted and
corrected. Motion carried unanimously.
laEMdERS REPORTS
V. Commission Member Cartier
artner reported the 212 Committee still prefers the original 212 alignment
which is still depicted on the City' s Guide Plan.
B. Chairman Rearmar
Barman inquired how soil erosion control is enforced by the City.
The planner responded the Watershed District has the expertise to review
and recommend erosion control measures . The W- 4-ershed District then
relies upon City -,taff, citizens ,and their own inspection to keep abreast
of project conformance. The Planner added the Wastershed District
has recently initiated a Performance bond requirement on all projects
to insure adequate soil erosion techniques arein place and functioning
properly.
Motion
Gartner moved, Retterath seconded, to recommend the council decline
to review future development proposals of proponents who are in non -compliance
of Developer' s Agreements as brought to our attention by the staff. Motion
carried unanimously.
IV. REPORTS AND RECOMMENDATIONS
. A. Gon ea PUD, request for PUD Concept approval for 37 acres for duplexos ,
elderly housing, offices , and restuarants. A continued public hearing.
Mr. Howard Dahlgren reported two neighborhood meetings were held since
the last Planning Coimiission meeting with about 11 couples .attending.
-° He requested the Commission continue the item to allow further investigation
as to drainage and traffic impact the project will have. He stated he
will be working with the City Staff, Watershed Distric& Highway Departments.
a,. r _ .. ._ - ;�.' rdF�_�,�Rrr�In- ='�''�`.�"�.�*.�.� �'�1L7.'' J-•'.s .. �•� ,�
approved
Planning Commission Minutes -?- Sept. 10, 1979
i
G. Michelangelo Gardens, by Rembrandt Enterprises, Inc. Request for PUB
Concept approval f r medium-hi density residential on 36 acres located
East of 111S l fi4/)17 and north of N4 nn w l n r'vnnV A nl9k1 ;^
.. .. - . . ... . .. •�. v. e.�...• . r v,v l ■ . I I .. 1 I l l y
The Planner reported the staff met with Mr. Anderson, Mr. Sci ola of Bri arf i el d
Estates& Mr. Demonceau from Rembrandt Enterprises to review the road system.
The revised plan for Mr. Anderson ' s property will be presented tonight.
Mr. Anderson stated the plat now depicts 70th Street as a cul-de-sac to serve
the industrial lots of the 3rd and 5th Additions , and service to the residential
portion of the 5th Addition will be via the road system through Michelangelo
Gardens.
Mr. Demnncaau briefly reviewed the site plan for Michelangelo Gardens noting
the area ' s poor soils and vegetation dictate the srLrpentine design of the
road system from the site's northwestern corner to its southeastern corner
which is adjacent to Mr. Anderson's proposed multiple residential .
Turjesen requested the forthcoming revised staff report contain discussion
relative to I-2 Park Vs . I-5 Park zoning, and perhaps some sort of -estrictive
covenants to protect the back of the lots from future development.
Motion
ofi rjesen moved, Gartner seconded, to continue the public hearing on Shady Oak
Industrial Park 3rd & 5th Addition, t; the Sept. 24, 1979 meeting, and allow
the proponent to request a council public hearing. Motion carried 6-1 with
Martinson voting nay.
r
G. Michelangelo Gardens
Mr. Denonceau illustrated the site's topography, soil condition, vegetation,
and slopes through the use of hardbcard drawings. He estimated the site' s proposed
density at 10 units / acre, 360 units on 36 gross acres, and four phases of
development.
Gartner inquired when the golf course depicted adjacent to US 169 would be
constructed. Mr. Demonceau replied he Was unsure during which phase the
course would be constructed with.
Bentley noted that a recreational area for the project is important as the
surrounding land uses are industrial .
Levitt asked if the residential units would be a mixture of rental and ownership. ;
Mr. Demonceau replied all units are anticipated to be ownership.
Torjesen asked if the project would be similar to the Rembrandt development off
of Crosstown 62 in Edina. Mr. Demonceau replied it would be similar in building
texture but not in occupancy.
F
Motion: Gartner waved, Rettet-ath seconded, to continue the Rembrandt PUD public
tearing to Sept. 24, 1979 for a staff ,report. Motion carried unanimously.
r.1 _
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Planning Commission Minutes -5- approved
Sept. 20, 1979
Torj ese:� asked if the developer can prev:de t,".-
right-of-way is not obta i nPd from Mr- Blossom. The Planner replied affirmative.
Mr. David Holland, 9860 Bennett Place, objected to giving up 13.5 feet for right-
of-way and the possible assessments to improve the road.
Torisesen asked if it would be necessary to hard surface Bennett Place
south to Blossom Road. The Planner replied negative.
Motion 1
&ent3ey moved, Gartner seconded, to close the public hearing on Creekview Estates.
The motion carried unanimously.
Motion 2
Bentley moved, Torjesen seconded, to recommend to the City Council approval of
the rezoning from Rural &R1-22 to RI-13. 5 for Creekview Estates as perthe
staff report of Sept. 5, 1979 with modificaton to 6-allowing the north cul-de-sac
to be extended contingent upon the adjacent property' s development; and
addition of the following:
9. That all lots be platted with a minimum of 90 feet of frontage
and be in conformance with Ord. 135.
10. Request the Parks, Recreation and Natural Resources Commission to
define the Conservancey Zone location prior to City Council review.
11. Recommend that Mr. Holland' s property not be assessed for Creekview
Drive until such time as he develops the property.
12. That Bennett Place riot be improved past Creekview Drive to the
south at tr. .s time.
14otion car.•ied unanimously.
Motion 3
$entley rkived, Tor,jescn seconded, to recommend to the City Council approval of
the preliminary plat dated 8-21 Yc- the staff report of Sept. 5, 1979 with
the modification and additions listed in Motion 2. Motion carried unanimously.
F. Mite hest Office Building, by Bud Andrus. Request to rezone .78 acres
from rxslt- tenant office building. Located west of
Purgatory Creek and North of HacUona1ds.
----Retterath left at 11:00 PM ------
Di,k Schwarz, representing Bud ,Andrus, reviewed the project noting the following
its: the site is lass than 1 acre in size, a right-in off of TH 5 serves
the property along with the internal road system, the building is • r.roposed to
-be constructed of wood ar d will cintai n 4-5 office suites eech with a private
entry, they concur with the reco ndations of the staff report.and were unaware
that the property faits outside of the- Edenvale PUD and ocrefore mould be
subject to cash park fee payment.
The Ptanrrr stwinarized the rtcc•wvndations in thn staff i -port hidlilighting
the site' s Rrox imi l y to Purgatory Creek , necessary ei =,rah en t across the north
side to a? 1 .1r: for to adjacent nroparty, and tht: re!omiiendation that the
southeiftn r.•:st i,ntr�• inn the 11di-king lol should be cl ir�inated for safety reasrins .
approved
Planning Comission Minutes 407- Sept. 10, 1979
H. House Moving Ordinance, continued
3 T
Ken Foote , 19085 th mestead i'A rcl e, felt the language on page 3, regarding
failure to give notice would not invalidate the hearing, was too weak.
The Planner replied that the intent is to prevent invalidating a hearing if
a person out of the total mailing claims not to have received notice, not to
allow the City an out from mailing notices.
Charles Rockler,19060 Deerfield Tr. , did not feel the draft ordinance reflected
items contained in other city ordinances regarding moving of houses.
Mrs. Cronk stated the residents would like to see that houses being moved into
a neighborhood conform to the neighborhood' s character, house size and style.
Torjesen asked which other city' s ordinance the residents feel is working
the best. Mrs. Cronk replied Minneton{a ' s .
Richard Fisher,18830 Partridge Circle: asked that the ordinance protect the
property owners in the area' and that the City should seek to ' build neighborhoods '
not'move-in neighborhoods' .
Al Larsen, 7170 Tartan Curve, felt the ordinance should have a remedy section so as
to ease enforcement,and that it does not currently provide for protection for
children since a moved house constitutes Mn attractive nuisance.
Gene SchroedermeJer,7130 Greer RidgeRd,askedif permits are still being reviewed
by the City. The Planner responded permits are not being approved until the
ordinance is resolved.
Jeff Hulting , 18825 Partridge Circle , remarked that the house moved into-
Bidden Ponds blocked the street for 3-4 hours making many homes unaccessible
if an emergency had occurred. -
Motion
evitt moved, Martinson seconded, to resolve the foi1ewing:
1. Be it resolved that the Planning Commission views the preliminary
draft ordinance as inadequate, and
2. City should draft a strict ordinance,and
3. Ordinance adopted should include neighborhood participation in
permit process short of allewing absolute veto power,and
4. Ordinance should include items contained in these minutes .and
S. Existing ordinance, including penalties and provisions should
be strictly enforced.
Notion carried unanimously.
V. OLD BUSINESS
Chairman Rearman referred the commission ,members to the Disclosure ordinance
and resolution in the packet for the commission's information.
NEW BUSINESS none
i . PLANNER' S i EPOR'
F he planner presented a Mack Tribune paper holder with black letters on one
side And silver letters on the other side. The Commi ss i 7n voiced their pre-
thef fo black on �,lackk.VI1I . ADJOU�V1h : rBcnt1ey moved, art1nson seconded to adjourn at 2:00 AM. Motion
carried unanimously.
Res.pectfully submitted , Jean Johnson
••,n.�TS1�Fk' • 'tea Y" lf.cawNf►-�R.sY + ✓w.-o.��.vrv.s.0 x.ti �+-tee.-.......ram
approved -
Planning Commission Minutes -2- Sept. 10, 1979
f'
A. Gonyea PUD, continued
Mr. Dahlgren stated he believes the majority of the residents attending the
rn+rti.f.nrinn� mnati nn am i n (il^PP� t �;
_ a� Pnt with the revised D1 an which deoi cts.
31 single family lots instead of 1+5 multiple, 2 restaurants instead of 3, and
4 office buildings.
1
Bentley inquired if the access closest to TH 5 from Co.Rd. 4 meets with
Hennepin County Highway approval . Dahlgren responded affirmative.
Gartner asked if the proponent has resolved joint access with Prairie
Lawn & Garden for the eastern office site. Mr. Dahlgren replied it is still
-� being investigated
Beaman inquired how the project construction would be phased. Mr. Dahlgren
felt the two restaurants and 3 of the office buildings would be constructed
initially since buyers have been found. He added the single family lots are I!
to be sold to one builder.
k '
Joe Lawler ,7621 Ontario Boulevard, felt although progress was made at the
=, neighborhood meetings , that the plan is still not totally acceptable .
Mr. Lawler star-ed the drainage from the pond presently is backing up against
lots in the Westgate Additior and very little water passes through the culvert
under Bittersweet Drive in the Meadows to the creek.
Wayne Wedder ,7531 Westgate Trail , felt the present drainage problems may be
compounded by the high school under construction.
Motion
Torjesen moved, Retterath seconded, to continue the public hearing on Gonyea PUD
to the October 22, 1979 meeting and refer the revised plan to the staff for
a report, ask the developer to continue meeting with the residents , and
further direct the staff to give full cooperation in solving the drainage
problem along with the developer and residents.
B. Hidden Glen, request by Zachinan Homes for PUG Concept approval of single
family attached and detached units on approximately 125 acres, A
continued public hearing.
As reru2sted b, the developer in his letter dated Sept. 7, 1979 the
co.mii ssi on took the fol l owi rig action:
Motion
Bentley moved, Gartner seconded, to continue the Dublic hearing on Hidden
Glen PUD to the Sept. 24, 1979 meeting. Motion carried unanimously.
C. Shady Oak Industrial Park 3rd R 5th Additions, 5y Richard W. Anderson.
Request to rezone from Rural to 1-2 Park 30 acres for approximately 9
lots, and approval of EAW. Located SW of new Shady Oak Road construction.
_ A continued public hearing.
Chairman Beaman suggested the Commission jointly consider Michelangelo
:* Gardens with Shady Oak Industrial Park since the road systems connect. ..
;f The Commission members concurred.
s
.3
approved J
Planning Commission Minutes -4- Sept. 10, 1979
4 D. Nemec Knolls, by Mr. & Mrs. Donald Nemec. Request to rezone from Rural
to R1-13. 5 and preliminary plat 3 acres into 5 single family lots. Located
at 9449 Creek Knoll Road. A public: hearing.
The Planner located Vie project and reviewed the proposed road system consisting
of a temporary cul-de-sac which could be extended north, the impact of the
Purgatory Creek Conservancy Zone upon the lots , and noted that grading and
utility plans would have to be submitted to the City Engineering and Watershed
District for review and approval prior to final plat approval .
Mrs . Nemec noted that sewer and water service are available to the lots
and that the road proposed saves as many trees as possible.
Torjesen reviewed the recommendations contained in the staff report and asked
Mrs. Nemec if she is in agreement. Nemec responded affirmative.
Levitt asked if any variances are being requested in the platting. The Planner
responded negative.
Motion 1
Levitt moved, Gartner ,,.conded,to close the public hearing on the Nemec Knolls
plat. Motion carried unanimously.
Motion 2
Levitt moved, Torjesen seconded, to recommend to the City Council approval of
the rezoning from Rural to R1-13. 5 for Nemec Knolls as per the staff report
of Sept. 49 1979, with the addition of No. 5-That no buildings be allowed within
the Conservancy Zone of Purgatory Creek. Motion carried unanimously.
Motion 3
Levitt moved, Bentley seconded, to recommend ;o the City Council approval of the
preliminary plat dated July 18, 1979 as per the staff report of Sept. 4, 1979
and item 5 in Motion 2. Motion carried unanimously.
E. Creekview Estates , by Larry Heinen , Request to rezone from Rural to R1-13. 5 &
preliminary plat 25. 5 acres into 29 single family lots. Located at 9840
and -940 Bennett Place. A public hearing.
Steve Pelham, Merila-ftansen, Inc. ,presented the project with the use of overlays
depicting the location, road systeir., all lot sizes above 13,500, through road
at the northeast corner as recommended by staff instead of a cul-de-sac, location
of Conservancy Zone, location of utilities, and building pads of the lots adja-
cent to the creek.
The Pl a,mer summarized the reconrmendati ons of the staff report and emphasized the '
need for erosion control and restrictive covenants across the back of lots which
abut the creek (below the 810 contour) .
Gartner inquired who would pay for the Bennett Place road construction. The
Planner replied it is expected the proponent will request the City to conduct
an assessment hearing.
Levitt noted that some lots did not have the required 90 foot frontage.
Mr. Pelham replied that the frontages would be adjusted.
Torjesen asked if Bennett Place extended to Co.Rd. 1 would align with the road
north of #1 serving Olympic Hills Fifth. The Planner responded affirmative.
approved
Planning Commission Minutes -6- Sept. 10, 1979
Torjesen inquired how the change to the site' s parking lot at the north end
would effect the building. Schwarz replied he does not expect that the exterior
or placeiment will change, Just the interior maka-up,
Bentley asked if in the future it would be possible to change the present private
rc"d system within Edenvale Family Recreation Center to a public system. The Planner
stated it has been investigated and will be pursued when the northern half
of the Center develops.
Dick Mahaffey , 18975 Valley View Road , inquired if the Public Safety Department
reviews and com.nents on development proposals . The Planner replied the Public
Safety Department receives all development proposals .
Motion
o'�rjesen moved, Bentley seconded , to recommend to the City Council approval of
the rezoning of Mile West from Rural to Office based upon the staff report of
Sept. 6, 1979. Motion carried unanimously.
G. Michelangelo Gardens Considered with item C. previously.
H. House gloving Ordinance
Beverly Cronk,18895 Pheasant Circle, submitted for the commission review
Ordinance information from 3 other cities and items they would like to see
included in an Eden Prairie Ordinance (both dated 9-10--79 and attached)
The Planner referred the Commission to the draft ordinance, 9-5-79, prepared
by the City Attorney.
The Planning Commission made the following suggestions to the ordinance:
-a permit & criteria should apply to houses or structures being
moved through Eden Prairie to another city.
-public safety department should be notified 24 hours in advance
-bonds should be posted whether the structure is being moved within,
into, or through the City.
-ordinance should include more criteria related to safety of unit,
sue- ound-i ng properties, residents of the neighborhood.
-strict age as to structures which can be moved in will prohibit
movement of barns, sheds, garages , etc. -
-besides notices being mailed& notice in paper,the City could erect a
sign on the property informing the neighborhood.
-neighbors , like the mover, should have an appeal process to the
City Council .
C .Ellison , 18925 Pheasant Lircle, requested that the ordinance include
nei ghborhOod input and veto power not rev i ew by the 8-nard of A nne-a3 ss _
rJ
Concerned hone owners of Eden Prrtrie world like to rcco=mend
that the Eden Prairie City Council make a motlon to adopt a
city ordinance in : egurds ' to neighborhood approval of all
eye in houses.
A. If the house In more than 10 -ears old , it MAY NOT -
V . Wv•cv 1llHV Lill: 6 1 •y
7
B. If the house is lass than 10 years old, It MAY be
moved into the city ifs -
w
1. Written approval is obtained from
a, all six property owners nearest the said
property or,
b. all property owners within a 500 foot
radius of the said property lines
Whichever 14 greater.
• 2. Must be at least 1100 square fact above grade
3 Must have a double attached garage t
Must conform to surrounding- homes
5e Must pass city inspection and conform to all
present city codes and ordinances
C. If the proposed house is presently located in the
city and is less than 10 years old , the house may
be moved to a different location within the city
but the above neighborhood and city approval must
still be obtained. -
D. If the proposed house is presently located in the
city and is more than 10 years old , the house may
be moved to a different location within the city
but the above neighborhood and city approval must
still be obtained, i
i
Concerned home owner
everIly �. Cr^-rk 1
18895 Pheasant Circle t
Eden Prairie. M..V. 5534
a R.DIBANCES NOW IN EFFECT IN OTHER CITIES
BURNSVILLE .
Power of VETO
So house over 10 years old allowed.
APPROVAL of -the six nearest.resident property owners before approved. • ---•
lIINDtErOMA
Poker of VL°TG
APPROVAL of at least ?5% of resident owners of land within 500
feet of property lines before approved.
BROOKLYN i'ARE
Public Meeting of resident owners witliln a radius of. 350 feet
from property lints. Residents must s�e notified of this meeting. !
Planning Commission makes the fi�—decislon considering all me:itse