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Planning Commission - 06/20/1972 AGENDA EDEN PRAIRIE PLANNING COMMISSION Tuesday, June 20, 1972 1:30 P.M. , Village Hall INVOCATION -- PLEDGE OF ALLEGIANCE -- ROLL CALL COMMISSION MEMBERS: Marvin LaGrow, Norma Schee, Ralph Nesbitt, Herb Fosnocht, Don Sorenson, Wayne Brown, PatrickCasey, Mike Manning, Jammie Mikelson. COMMISSION STAFF: George Hite, Village Manager; Dick Putnam, Planning Assistant. I. MINUTES OF JUNE 6 , 1972 II. PETITIONS, REQUESTS AND COMMUNICATIONS. A. Minnesota Highway Department maintenance facility between 169 and 212 north of the ring road. ZZZ. REPORTS AND RECOMMENDATIONS A. Edenvale Concept Plan _Revisions_. B. Preliminary' Plat. Edenvale' Third_ Addition.. C. Shelter. &iarhilliri Edenvale. D. School Study 'and 1Vlajor Center_ _Area Progress_ _Reports. . PLANNING COMMISSION MINUTES EDEN PRAIRIE VILLAGE HALL TUESDAY, JUNE 20, 1972 7:30 P. M. Members Present: Posnocht, Schee, Brown, Casey, Boerger. Also present, Dick Putnam, Planning Assistant. 1. Minutes of Tune 6, 1972 Planning Commission Meeting. Moved Schee, seconded by Brown that the minutes be approved as read. Motion carried. II. Petitions, Requests and Communications. A. Minnesota High'rivay Department's request for maintainance facility between 169 and T.nterstate 212 north of the Ring_ Route and south of Nine-Mile Creek. _.. _ Representing the state highway department was Mr. Pat Chandler from the Maintenance Facilities Division. He presented a sche- matic site plan and a proposed landscape plan. The proposed site plan for the maintenance facility indicates a building 122 feet by 124 feet located in the center of the site. On the south end adjacent to the off ramp of 212 will be an area for outside • storage of sand, gravel, and salt piles. On the north end of the building, will be parking facilities for employees and exterior storage of various off season equipment. Mr. Chandler indicated that the building would have garage doors on the two sides adjacent to the parking lots with a drive through circulation for trucks. The site itself has been rough graded and Mr. Chandler pointed out that the north end has a very steep slope down to existing 169 and that the site will be elevated above proposed 212 by a good deal. Also, earthberming and landscape plantings he felt will screen the site from road view. Along 169 are two entrances to the site. The area is classified as a Sub Area Headquarters Building and would house approximately 13 to 15 trucks on the eight acre site. It would be primarily used for equipment storage and material storage. The planner pointed out that we as the Planning Commission may not have any jurisdiction or authority over any particular use on this site. He noted that it was , unclear as to the law governing highway department use of its land at this time. Mr. Chandler indicated that the highway department wanted to do what the community felt was appropriate . in this area and that their facility should be in accord with the Village wishes. Action Taken. Casey moved, seconded by Brown to refer the Hennepin County Maintainance Facility Proposal to the staff for report at the next meeting. Motion carried. • Planning Commission Minutes June 20 , 1972 Page Two I.H. Reports and Recommendations. A. Revision of the Edenvale Concept Plan dated August, I970, to the undated version Tune, 1972. The concept plan revision was presented at the previous Planning and Zoning Commission Meeting by Mr. Peterson from Edenvale . The planner said that a meeting June 5, with Mr. Parkhill and Mr. Peterson regarding the shopping center located on the corner of Valley View and Mitchell Rd. was held but the staff had no recommendations at the time. Commission members had questions of Mr. Parkhill and Mr. Peterson about the need for this center within Edenvale so close to the regional center. Also, the functions included within the center, especially the lack of community or human services space and the pedestrian access and design considerations for the center. Mr. Fosnocht asked about the small multiple parcel located south • of Valley View Road adjacent to the railroad underpass. This is a change from the initial concept plan that indicated an open vista of the golf course at that point rather than buildings located on either side of Valley View Rd. Mr. Peterson said that the change was dictated by moving the road alignment of Valley View to the north to make a better underpass with the railroad. The number of units was no different, only that the initial partial was split into two sections by moving the road north. Action Taken. Casey moved, seconded by Schee to refer the Edenvale Concept Plan Revisions to the staff for report and recommendation at the next meeting. Note: Park and Recreation Commission is currently reviewing the concept plan revisions. B. Proposed Edenvale Third Addition_ Preliminary Plat Requested by Eden Land Corporation. The planner in reviewing the Edenvale Third Addition said that in general,the staff agreed with the plat submitted. Only in two • areas was there a question regarding details. The planner said the questions of Outlot I and I adjacent to Purgatory Creel:, east of Hillcrest Courts were very close to the creek and that the exact line was not finalized. Also, Outlot A in the NE corner must have Village road right-of-way guaranteed and would be worked out vrith the railroad and Edenvale. Planning Commission Minutes June 20 , 1972 • Page Three Action Taken. Schee moved, seconded by Casey to recommend the Edenvale Third Addition Preliminary Plat to the Council with* certain stipulations on Outlots 1, J and Outlot A. The stipulations regarding Outlots I and J would be set forth by Mr. Peterson in a letter, that at the time of development or replatting that field staking by the Village staff would then determine the exact boundary or the nary easement along Purgatory Creek. This boundary criould be based upon the natural land features and also upon necessary space for park functions. Securing of the right-of-way for Edenvale Boulevard from the Chicago Northwestern Railroad would be guaranteed by Eden Land Corpor- ation adjacent to Outlot A on the north or if that was not possible the full road right-of-way would be dedicated from Outlot A. With these stipulations the motion was to approve the Third Addition Plat as submitted. Motion carried. C. _Shelter Development Corporation. Briarhill Proposal, for FHA 236 Housing in E:denvaie. • Representing Shelter, Dick Bienapfl and Jay Van Dyke. This is the third meeting that this proposal has been before the Planning Commission and there were some changes brought up by Mr. Bienapfl. These changes are presented in a packet to be added to the brochure already submitted. The first refinement was provision of a 230 foot fence adjacent to the railroad right-of-way on the southeasterly end of the site, covered with heavy planting, such as brambles or prickley ash to prevent anyone from straying on to the railroad tracks. The change is a response to the concerns of the Planning and Park: Commissions. Secondly, Mr. Bienapfl presented some revised building plans that eliminated the exterior gallery on the third floor from the apartment units. :she alternatives proposed include: the double loaded corridor type of building with stairways on each end. This would be used in primarily building types A that are three stories on both sides. The units would also include balconies to substitute for the exterior gallery space provided on the earlier plans. Building type B which is the apartment building that had a 2-story/3-story arrangement ✓ould include stair towers in the buildings to serve four units. This plan also permits inclusion of one and two • bedroom units on the ground floor of building types B. Mr. Van Dyke indicated that having the flexibility to use any of, the three proposals; the gallery, the stair to'iver arrangement or the double loaded corridor would permit flexibility in the final design of these buildings and would provide an excellent opportunity for building type variety. Planning Commission Minutes Tune 20, 1072 • Page Pour Mr. Bienapfl presented a letter from the Housing and Redevelopment Authority for the City of Yontevideo that complimented Shelter on their fine project recently completed for the elderly in Montevideo. This project included exterior gallery corridors which in their experience have been very successful. Also presented was a letter from Shelter Development Corporation's attorneys who have been investigating the provision M.S.A. 273. 13 regarding lore to moderate income housing in communities under 10 ,000. `.+:'he letter to Mr. Bienapfl dated Tune 20th from Robert Levy, partner in the firm of• Maslon, Kaplan, Edelman, Borman, Brand and McNulty summarized the provisions of the law, its implications and certain actions that might be taken by Shelter Corporation and the Village. In the opinion of Roberta Levy when the population of Eden Prairie goes over 10,000 persons, the application of the la-,vs Subdivision 17B would not be appropriate and that Eden Prairie would be classified v17ith communities of over 10, 000 people. This is impor- tant, obviously, because of the way the la:v is written. It states that, "Not vrithstanding any other provision of law any structure located on a municipality of less than 10, 000 population which qualifies on Subdivision 17 and 17A shall for 15 years from the date of completion of the original construction be assessed at 5% of the adjusted market value thereof" . The opinion states that . . . "Since there is no provision which specifically states that a federal census must govern the population count . . . and because there are strong policy reasons supporting frequent census data indicating groimth and the need for a larger tax base the munici- pality should be able to take its own census and when its popu- lation grows beyond 10,000, it should be permitted to assess the qualified propertie s at the 2 0% rate permitted in M.S.A. 2 7. 13 Suv. 17 at that point in time. " A second concern was that of Shelter paying the community for the tax that it *would not receive under the 5% tax law. This is discussed in the levy opinion and certain options are outlined in the letter. The Planner noted that this document as well as other material would be forwarded to Village Attorpey, Harlan Perbix, immediately • for his recommendations. Contact with the Minnesota Attorney General's Office and Consultation with HUD and FHA will also be pursued. Mr. Putnam suggested that the problems relating to the tax situation are important but that they are primarily a function of the Village Council to consider in making the final Planning Commission Minutes June 2 0', 1972 Page Five decision. The Park. and Recreation Commission recommended certain things related to the open space systems,perhaps the Planning Commission might address itself to the Planning and human service concensus 'and indicate to the Council that the 5% provision must be investigated further, before any decision on the project can be made. Mr. Casey disagreed with this statement saying that he did not feel he could make a judgment on the project not knowing the tax situations. Mir. Fosnocht agreed and indicated his concern about reading figures presented by HUD Secretary Romney, that subsidized projects can cost as much as $140, 000 per unit. He would be interested in the same type of tabulation on the Briarhill. project. Mr. Bienapfl noted that this is not unlike any project, since normal home mortgage interest rates can increase the value of a home by two or three ti lies its initial cost. Given the structure of the 236 Program the $140,000 figure includes many features such as; operation and maintainance over a 40 year period and is not completely representative. Action Taken. After a lengthy discussion regarding these matters, Brown moved, seconded by .1 chee to recommend to the Council the rezoning of the 10. 8 acre Briarhill site in Edenvale to RM 2 .5 in accordance with the approved Edenvale PUD plan 70-4 and recommendations in the staff report dated June 19, 1972. Special emphasis cnrould be placed on item seven of the staff report, that it would be the Planning Commission's understanding that as soon as Eden Prairie's population reached 10,000 that the assessed valuation of the project %,,could go from 5% under MSA statute 273 . 13 Sub. 173 to 20% as under Section 17 of that statute. Tmmediately, not 15 years later. Also, item two ,mould be amended to include the open space and environmental protection features of the Briarhill plan be approved, subject to the plan'.ing of appropriate vegetation on the steep slope along the Chicago-Northwestern Railroad right-of—way as indicated in the Park and Recreation report. Motion was approved with a three to two vote. Schee asked that a roll call be taken. Brown yes, Boerger yes, Schee yes, • Fosnocht no, Casey no. Motion passed. Planning Commission Minutes June 20, 1972 Page Six D. School Study and Major Center Progress Reports. Due to the late hour, these matters were deferred until the next meeting. 1. The planner indicated that a work meeting on the Major Center area would be held on Thursday, June 22, at 7:30 P.M. at the Village Hall. 2. Preliminary presentation of the joint school/village site study will be held at the Eden Prairie High School June 29 at 8:15 P.M. to bring the School District and Village officials up to' date on the progress thus far. Both of these meetings are intended as work sessions and the public and Commission members are invited. The meeting was adjourned at 10:30 P.M. Respectfully submitted, Wayne Brown, Secretary •