Loading...
Planning Commission - 06/24/2002 APPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY,JUNE 24, 2002 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Ken Brooks, Frantz Corneille, Randy Foote, Vicki Koenig, Fred Seymour, Kathy Nelson, Dave Steppat, Ray Stoelting, Paul Sodt STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Alan Gray, City Engineer Scott Kipp, Senior Planner Danette Moore, Planner I. PLEDGE OF ALLEGIANCE—ROLL CALL Acting Chair Stoelting called the meeting to order at 7:00 p.m. Present: Acting Chair Stoelting, Commissioners, Foote, Koenig, Nelson, Stoelting, Seymour, and Steppat. II. APPROVAL OF AGENDA MOTION: by Foote, second by Nelson to approve the June 24, 2002 Community Planning Board Agenda. Motion carried, 7-0. III. MINUTES A. Minutes of the May 13, 2002 Community Planning Board Meeting Steppat noted on page 2 in the 5h paragraph, it should read "his attorney has written a document regarding the vacation of the road easement." Koenig noted changes to page 11; the 4h paragraph from the bottom should indicate an urban park across from building rather than open space. On page 7, the 5t' paragraph should indicate support under a section marked the City's lost revenue. Foote stated his comments during the MAC discussion should reflect that the "runway" is at 5000 feet. Steppat stated that on page 9, fourth paragraph from the bottom should read "a zero setback" does not seem appropriate in a suburban area. Community Planning Board Minutes June 24, 2002 Page 2 MOTION: by Koenig, second by Seymour to approve the May 13, 2002 Community Planning Board minutes as amended. Motion carried, 7-0. B. Minutes of the June 10,2002 Community Planning Board Meeting Stu Fox, Manager of Parks and Natural Resources, noted a clarification on page 2; the second paragraph from bottom should indicate that along the road right of ways or forty foot wide outlots is where they would put trails. MOTION: by Sodt, second by Steppat to approve the June 10, 2002 Community Planning Board meeting minutes as amended. Motion carried, 6-0-1 abstention Koenig. IV. PUBLIC HEARINGS A. ANNETTE ESTATES BY ANNETTE KAUFMAN by Annette Kaufman. Request for Preliminary Plat of 2.46 acres into 3 lots. Location: 14758 Staring Lake Parkway. Fox noted options of trails and locations to access Staring Lake Park were discussed at the last meeting. The road right-of-way trail on County Road 1 was an option. An eight-foot trail could fit between the shoulder and obstacles. It would be a temporary trail location until the road was upgraded. Another possibility, through the Kaufman property, would be along the northerly boundary line. An existing sanitary and storm sewer line are there and minimal tree removal would be required. $18 per lineal foot is an estimate for trail installation, not including land acquisition. Erik Paulson , 9158 East Staring Lane, thanked staff for its responsiveness. Mr. Paulson stated that there is heavy and fast traffic along County Road 1 that could present a danger. He is concerned the trail will be removed along with road improvements. He stated that the main issue for residents is the path's connection to Staring Lake Park. He inquired whether there were other locations in the City that did not have a forty-foot outlot. He questioned whether there could be a land exchange in lieu of park cash fees. Dave Anderson, 9206 Victoria Drive, stated he was a resident since 1973. They overlook 5 acres and are concerned about wildlife and where it will go with this development. There are blind spots for cars coming from the north and speed on Staring Lake Drive. Fox stated in terms of outlot size, 40 feet has been the recommendation for the past 15 years. Land the City owns is tax-forfeit land for park purposes and they could not do a land exchange. Community Planning Board Minutes June 24, 2002 Page 3 Franzen stated the project could be redesigned and they would meet the street frontage requirement but not the lot size requirements. Sodt stated one option was to take no action. Nelson inquired about a cost estimate of purchasing the right-of-way. Alan Gray, City Engineer, stated that the neighborhood dates back to the 1960s. Fox stated it was typically based upon fair market value and an appraisal at $100,000 - $140,000 per acre and this was 4/10 of an acre. Nelson inquired how long the neighborhood had existed versus the park. Fox noted the park was developed in 1983; the neighborhood was there in the 1960's. This was the first request of this type for this area. There are many desired trail projects that are on a waiting list. Each petition is evaluated based on cost, design, and safety issues and is thus made more to less desirable. Foote asked whether a trail ends sign would be put up. Fox stated they could put up a sign indicating the location of the main trail. Foote inquired whether it could be complete this year. He stated that while the trail would be nice to have it would seem to be cost prohibitive. Gray noted the City has other commitments and that nothing would get underway until next year at the earliest. They are already backlogged with requests for trails. They will gain some financial advantage when the County comes along and does improvements, any damage to trails will be replaced at the County's expense. Koenig asked whether if this were approved it would go through the Parks Commission and go through their criteria. Fox explained that would be the preferred procedure. There are 25 projects currently on the list. He said that the Bryant Lake Drive trail which is currently under construction had been on the list for ten years. Seymour asked if there were sidewalks or trails on Staring Lake Lane. He inquired as to whether there were trails on both sides of Pioneer Trail, east of 212. Gray responded that there are none within the neighborhood. He responded that there are trails on both sides of Pioneer Trail and that City's trail plan allows for trails on both sides of county roads for safety reasons. Community Planning Board Minutes June 24, 2002 Page 4 Steppat inquired about the proximity of the proposed trail to Pioneer Trail. Fox stated 15 feet, against the fence; traffic would be 7 feet from the shoulder. Sodt stated the Board had not heard from property owners along Pioneer Trail or from this property owner. Would like to approve it as requested with staff recommendation. Koenig stated she would feel more comfortable sending this to the Parks Commission for their input. Nelson said while the division of the property looks good, one neighborhood should not be considered priority to another. Since a neighborhood petition has not been filed and a trail will go up in 4-5 years at Pioneer Trail, this does not seem an appropriate use of tax dollars. Foote stated he concurred with Koenig about returning it to the Parks Commission. Steppat concurred and also agreed with Nelson that the Preliminary Plat was fine. He does not like either option for trails. Seymour suggested waiting until Pioneer Trail was reconstructed. MOTION: by Sodt, second by Koenig to close the public hearing. Motion carried, 7-0. The public hearing closed at 7:50 p.m. MOTION: by Sodt, second by Nelson to approve Annette Estates by Annette Kaufman request for Preliminary Plat of 2.4 acres into 3 lots located at 14758 Staring Lake Parkway with the addition of the condition that a trail would be considered only after following the proper petition process. Motion carried, 7-0. B. BLUFF COUNTRY VILLAGE AMENDMENT by Hustad Land. Request for Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres, Planned Unit Development Concept Amendment on 8.8 acres, Planned Unit Development District Review on 8.8 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres, Rezoning from Neighborhood Commercial to Office on 3.0 acres, Site Plan Review on 8.8 acres, Preliminary Plat of 8.8 acres into 3 lots. Location: Hennepin Town Road and Pioneer Trail. Beth Simonsted with Trek Development noted the project was approved in 2001. They are requesting 2000 square feet less than the 2001 plan. They have centralized Community Planning Board Minutes June 24, 2002 Page 5 the retail and increased the residential. The amendment requests 27 more housing units, 3 fewer townhomes, 5,000 fewer square feet of retail. They are providing more green space with this plan. The elevation of the front portion is lower than the back portion by about 15 feet. The retail will be out of site to many residents. She received concerns in letters on Friday which included: increase intensity of project and building mass, loss of senior housing, potential loss of sound barrier, buffer, tree preservation, alteration of topography, building height/compatibility with neighborhood. They have reduced square footage and added green space. They are not providing senior housing as other developments in the community are providing full-service senior housing. The proposed daycare and office will be 24 feet tall versus the approved 44 feet tall. They can raise the berm and install additional trees as a noise buffer. Topography is not being altered. This building is 45 feet 7 inches. Brian Clutz, architect, showed elevations and photographs illustrating that existing townhomes provide screening. Bill Whitrock, RSP Architects, explained some adjustments in the architecture and challenges. These included addition of bay windows and gables and changes to the roofline. He stated that glass extends from the base of the buildings to the roofline. It is important for retail to remain visible yet be integrated. There is a freestanding restaurant. Franzen stated the Board must make a judgment as to whether this development is appropriate on land that is guide neighborhood commercial. Then the Board should consider if the proposed land uses are in the appropriate locations, and lastly determine if the intensity of the project is appropriate. Franzen added that the approved plan was negotiated through several public hearings and many of the neighborhood issues were resolved including tree savings, buffer zones, closing of roads, and eliminating the gas station. Franzen stated there are merits in the project design to justify the waivers requested however there are noise and sight lines issues that have not been adequately mitigated. The office building and 50 parking spaces should be removed and replaced with a berm and trees. Franzen summarized the issues raised in letters received from Kim Lindquist, 9933 Balmoral Lane, and Maureen Degman, 9946 Balmoral Lane. Maureen Degman stated that she lives to the north; there was a large hill that is no longer there. If there were some way to restore the berm it would help. There are Community Planning Board Minutes June 24, 2002 Page 6 already traffic problems in the area. She inquired what would happen if the office space was not successful. Bruce Webster, 9953 Balmoral Lane, stated they were concerned with the 4 story neighborhood/retail and that it did not fit with the neighborhood. Traffic is already a concern. There is a 136% increase in a.m. and 47% increase in p.m. traffic in the proposed compared to approved plans. The apartment complex should be limited to 3 stories; eliminate the office building. Jeannette Gunderson, 9922 Balmoral Lane said they are one of the oldest neighborhoods in the city. The neighbors have always had the same concerns and requests regarding density, height, tree loss, traffic, use of land, consistency with guide plan. The developer keeps coming back with more density. Landscaping did not provide adequate screening. The architecture is much more pleasing, but the building is too concentrated. Rob Goetkin 9949 Lee Drive was concerned with noise, traffic, and size of the building. The restaurant will affect neighbors to the south. It is not safe for kids to cross over to the retail. Residents to the south will see all four stories. More neighborhood services are probably not needed. Franzen stated a building would need to be taken out to put in a 12-16 foot high berm. On the south side, the neighbors have the same concern now as the others did when a gas station was proposed. The plan could be modified so more of the building was in front of the patio. Building height is measured to the midpoint of the roof. Lincoln Pare was given a waiver on the increase in building height. Gray stated this proposal would generate more traffic than the approved plan, around 2-3% of the total on Hennepin Town Road. Daycares are big traffic generators. When the Pioneer Trail/169 intersection is changed and a diamond interchange results, the overpass will create a noise barrier. MnDOT and MPCA will consider noise walls only if there is at least a 5-dba reduction achieved at a reasonable cost. Franzen stated the only way someone could do retail in the office space would be by going through the public hearing process. If they were proposing a fast food instead of a sit down restaurant they would also have to go through a process for the change. The Board recessed for 5 minutes. Stoelting left the meeting and Foote re-convened the meeting as acting chair. Nelson expressed concern for the apartments in the pool area. She inquired about the design of the apartments and number of handicap accessible units. She did not Community Planning Board Minutes June 24, 2002 Page 7 see a play area for the daycare center. She asked whether they had considered a three-story building. Brian Clutz, project architect, stated all access to apartments will be card access. There will be an elevator lobby with card access. Laundry facilities are in each unit; closets are in each bedroom. The playground is to the north of the facility. Nelson asked why the live/work units were eliminated. She asked whether they had considered doing a three-story apartment and retail with a senior building included. Beth Simonstead, developer, stated that there were architectural concerns as to how the live/work units would be built. She continued that there are a number of senior projects on the market but it cannot be marketed as senior if there are no assisted living services provided. This is something that they could not provide. Steppat inquired about the radical departure from the approved design and the reason for retail. Beth Simonstead, stated it was not a radical departure. The approved design was not a viable product. There is a glut of office space on the in the Twin Cities but not so much in the Eden Prairie area. She continued that she believed there would be interest in a building with small offices. A health food grocer was not interested in the approved project; they are interested in this one. They could re-orient the restaurant and move the outdoor seating area and screen with trees. Sodt inquired about the reason for elimination of the drive-through bank option. He stated that Balmoral would get most of its noise from 169. Building up the berm will create a visual barrier. Franzen stated internal traffic flow and congestion would be a problem, and as a result the drive thru bank was eliminated. The berm or office building would provide a visual barrier. Koenig inquired about the distance of the restaurant to the closest residence. She does not think it is an appropriate use with so much residential. There is a large market for senior housing and she thought the live work units were innovative. Franzen stated the homes were within 500 feet of the restaurant. Seymour inquired as to the price of rental units and why they only provided two accessible units. Beth Simonstaed said the price of residential units approximately $1,000 - $2,000 per month. Community Planning Board Minutes June 24, 2002 Page 8 Brian Clutz stated there are two accessible units; the remaining units are adaptable. All are accessible by elevator. Foote expressed concerns with the look of the building, that it is too large for the area and would like to see it no taller than 30 feet. He would like to have the office building removed and a daycare put in. Beth Simonstead stated that by raising the height of the building they reduced the mass. Adjacent neighbors do not have an issue with this. Traffic is coming from the south. They are close to two major roadways. Steppat likes the architecture and the restaurant and childcare but dislikes the office building. He said he would like to see additional green space surrounding the project. Koenig stated that she was concerned about the close proximity to residents. She stated that noise travels and distance can be deceptive. Nelson stated noise level was a concern in that location for the kids in the daycare and air quality would be a concern. Seymour stated it seemed as though the roof contributed the most to the massive look of the building. He likes the plan and the architecture and the retail. Foote stated that due to the concerns expressed by Board members that perhaps a continuance might be the best option due to lack of consensus. Beth Simonstead stated they already felt like they were within the code and did not feel that it was an issue. They do not have much room for change. Franzen noted the Board should first talk about whether the uses were appropriate in neighborhood commercial areas, then discuss if the uses are in the right location, and lastly,how intense should the uses be. Nelson noted she likes the restaurant, retail, security, and that it is handicapped accessible. Steppat said he likes the retail,restaurant, and daycare,but not office. Koenig stated she liked the original plan; still does not like the restaurant, likes office and is not sure about daycare. This is a lot of uses in a small area. Seymour noted he is comfortable with the mixed use. Community Planning Board Minutes June 24, 2002 Page 9 Sodt stated he was concerned about density and the visual barrier needed to be addressed. He said that the daycare would be market-driven. Beth Simonstead noted a daycare was interested in the site. They will add trees to help with air quality if that's a concern. Franzen stated that almost all daycares are located off state and county roads. They tend to locate at the edges of neighborhoods since they are commercial. Foote stated he likes the restaurant and daycare, but is mostly concerned with the height of the building. Brian Clutz explained they can set the office building into the berm and could place the landscaping higher. As to building height, it could be kept less than 45 feet. Sodt stated that he believed people in the neighborhood would make use of the retail and the restaurant. He said that entering and leaving Walgreens is a difficult situation and he thought this development might be a similar situation. He questioned whether the interchange could be improved. Gray stated that it would require opening the median for a left turn lane. The traffic would be coming from the south on Hennepin Town Road, heading north and running into that lane because of the alignment. He stated that Hennepin Town Road would have to be reconstructed south of Pioneer Trail so the northbound lane would line up with the through lane. This would be very expensive to do. Seymour stated that he would like to see more landscaping to help create a sound buffer. He stated that the noise level might improve after the interchange on 169 is done since there wouldn't be traffic starting and stopping so frequently. Sodt doesn't understand what the neighbors are objecting to since it appears the daycare and houses on Balmoral are at the same height level. There should be no sight view to 169. Maurren Degman, resident, stated that it was a strip of land north of the property that is open and a berm had been removed. This is the area of concern for residents across from Hennepin Town Road. Franzen noted there is not enough room to put a berm of meaningful size unless a building is taken out. A berm would be fairly easy and quick to change in a couple of weeks while a material change in the plan would take more time. Beth Simonstead asked whether they could pass this on to the City Council with the Board's concerns. Community Planning Board Minutes June 24, 2002 Page 10 Foote replied that is one option for the Board. He continued that he would like to the height of building mitigated, remove an office building or build into the berm. Nelson said she would like a barrier outside the restaurant for outside dining to mitigate noise. She emphasized that she would never want to see this restaurant become a fast food restaurant. Franzen noted this could be put in as part of the PUD agreement. If it is stipulated that this is a sit-down restaurant, in order to change this it would have to be brought back through the public hearing process. Beth Simonsteadstated that she would be agreeable to the office building, putting in the berm and changes to landscaping. MOTION: by Koenig, second by Steppat to close the public hearing. Motion carried, 6-0. The public hearing closed at 10:50 p.m. MOTION: by Seymour, second by Steppat to approve the Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres, Planned Unit Development Concept Amendment on 8.8 acres, Planned Unit Development District Review on 8.8 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres, Rezoning from Neighborhood Commercial to Office on 3.0 acres, Site Plan Review on 8.8 acres, Preliminary Plat of 8.8 acres into 3 lots and direct the developer to address the screening from 169 and additional landscaping. After some discussion, a vote was taken. The motion failed four nay (Foote, Koenig, Nelson, Sodt) and two yea (Steppat, Seymour) MOTION: by Steppat, second by Koenig to continue this item to the July 22, 2002, to address the following items: Height and mass of the apartment-retail building, location and screening of the outdoor seating area for the restaurant, drive thru and bank options, and berming and landscaping along Highway 169. Motion carried 6-0. IV. MEMBERS' REPORTS V. CONTINUING BUSINESS VI. NEW BUSINESS VII. PLANNERS' REPORTS Community Planning Board Minutes June 24, 2002 Page 11 VIII. ADJOURNMENT MOTION: by Sodt, second by Seymour to adjourn. Motion carried, 6-0. The meeting adjourned at 11:10 p.m.