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Planning Commission - 08/14/2000 APPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY,AUGUST 14, 2000 7:00 p.m., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Ken Brooks, Kenneth E. Clinton, Frantz Corneille, Randy Foote, Vicki Koenig, Kathy Nelson, Susan Stock, Ray Stoelting STAFF MEMBERS: Krista Flemming, Planner I Stu Fox, Manager of Parks and Natural Resources Mike Franzen, City Planner Alan Gray, City Engineer Scott Kipp, Senior Planner Leslie Stovring, Environmental Coordinator Donald Uram, Community Development/Financial Services Director I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Corneille called the meeting to order at 7:00 p.m. Present: Commissioners Corneille, Brooks, Clinton, Foote, Koenig, Nelson, and Stoelting; Staff: Franzen, Gray, Flemming, Fox. II. APPROVAL OF AGENDA Motion by Foote second by Stoelting to approve the agenda for the August 14, 2000 Community Planning Board meeting. Motion carried, 5-0. III. MINUTES A. Minutes of the July 24, 2000 Community Planning Board Motion by Brooks, second by Stoelting to approve the minutes of the July 24, 2000 Community Planning Board. Motion carried IV. PUBLIC HEARINGS A. COSTCO by Costco Wholesale Operation. Request for Planned Unit Development Concept Review on 17.9 acres, Planned Unit Development district COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 2 Review with waivers on 17.9 acres, Zoning District Amendment within the C- Reg-Ser Zoning District on 17.9 acres, Site Plan Review on 17.9 acres, and Preliminary Plat of 17.9 acres into one lot. Location: East of Prairie Center Drive between Rolling Hills Road & Prairie Lakes Drive. Jack Frank, director of real estate development for Costco Wholesale, said a goal in the project was minimal site impact. Costco conducted neighborhood meetings with neighborhoods adjacent to the site. As a result of the meetings, Costco revised the access, orientation, noise, and lighting impacts. Frank introduced Ted Johnson of Thompson Duke and Associates, Executive Vice President and Certified Planner, and licensed landscape architect. He addressed two documents, a binder showing that Costco was meeting the technical requirements of the zoning ordinance, and an 11 x 17 summary presentation. He met again with some neighbors two weeks ago to discuss site plan changes. The property is 18 acres; it is bounded by Prairie Center Drive to the west, and Prairie Lakes Drive to the north and Rolling Hills Drive to the south. The new plan places the building in the southwest quadrant of the site. The loading facilities are farthest from residential areas and the fueling facility is also at the farthest location from residential neighbors. The noise study accounted for noise generated from the loading area of the site and tire installation. Sight lines from the adjoining neighbors were addressed. The berm heights are between 8 and 18 feet from Prairie Lakes Drive and 6 to 20 feet from Rolling Hills. The approved plan for this 18-acre site, Hartford Place, was approved in 1994 for 165,000 square feet of commercial development. The proposed plan contains a building area of 148,663 feet, or a decrease in 16,630 sf of development. The principal building setback of the approved plan had a setback of 220 feet. Costco proposes a setback of 655 feet; this increased the principal setback by 435 feet. The traffic summary, contained an a.m. peak hour generation of 170 trips, Costco contains 60, or 110 fewer. The p.m. traffic from the approved plan contained 794 vs. 608 or 186 fewer trips. Comparing the total daily trips, there is a reduction of 1564. The landscaping analysis shows the approved plan at 296 trees or 832 caliper inches; Costco proposes an increase in 260 trees or 964 caliper inches. The approved plan contained 19 trees; Costco proposes 33. Andy Merchant, architectural representative, addressed the building compatibility, architectural character, and materials. He said the varying elevations with three- dimensional smaller elements break up the building mass. The goal was to achieve a design that was residential in character. Pedestrian walkways make it pedestrian friendly. Detailed archways were added, with faux windows, a trellis, and planters. The main body contains two types of brick ; the dark gabled elements and the lighter brick added. The signage is minimized to one north and one south sign. Jack Frank said Costco was one of the few retailers willing to tailor a building to the environment. Costco concurs with alternative one in the staff report. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 3 Ray Moore of 10825 Leaping Deer Lane, a resident of Weston Woods said he was opposed to this use of the property because of inadequate transition. The possibility of liquor sales at Costco has not been addressed. Jan Hoffert, said when her property was purchased, they were told a small shopping mall and perhaps restaurants would be built. She would not have purchased her property if she had known that a gas station or warehouse would develop. The 1994 approved plan is obsolete; this type of development was not foreseen. Nancy Elerbee,resident, said she has shopped at Costco in other states. The Costco locations were commercial and industrial with no nearby residential. Annete Miller of 8435 Annapolis Way said Costco was not an appropriate development for commercial regional service. She contacted the City of Burnsville to compare the land use of Sam's Club, which was zoned warehouse industrial. Sam's Club is a competitor of Costco. She said there were many accidents on Prairie Center Drive and the plan did not provide properly for stacking. Beverly Sorenson of 10904 Leaping Deer Lane said cars must always enter or exit on Prairie Center Drive. This violates the safety and privacy of the neighborhood. The traffic analysis relies on 1994 data conducted with a 1994 PUD. The city should request a new study. It is already a level F problem. The 1994 PUD called for a stoplight at Eden Prairie Lakes and Prairie Center drive; over a 1.6-mile stretch there are now seven stoplights. If a stoplight was a traffic fix the city could have accomplished this before; this will not alleviate the congestion. Costco indicates 6700 customer trips; this should also include the loading dockworkers, bakery workers, and semis. Don Klingel of 10940 Kiawah Drive said Costco is the largest warehouse club based on sales. It has a high sales volume and rapid inventory turnover with an 8- 12 percent margin. Because of this, Costco needs three customers to one of Target's. There are four stores in Chicago area; he visited two. The Chicago stores are not an adequate representation of a comparison. They were told shipping/receiving hours were 5:30 a.m. to 9:00 a.m. He showed pictures of delivery hours from a Chicago store of 4 a.m. to 12 p.m. He asked that Costco make clear statement of its delivery hours and whether there was a related enforceable ordinance. He would like concrete statement of whether semi trailers were left on site. The smell was very bad and there was spillage from trash containers. Tires were stored in the open. Shopping carts were chained, he asked whether this would be considered outdoor storage and whether it would be addressed. Regarding the traffic analysis study; he asked whether they were considering future growth, the land code used, trips per indicated measure, COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 4 number of studies included, and time length. He asked why the level of service was worse in the a.m. as a B and p.m. as an A. He found a case study done in 1993 from the institute of transportation engineer journal; applying the average range from the study and utilizing the sf of the warehouse as an independent variable, the weekday total trips were 5318 vs. 6206 from Costco. It is important to know what studies were used for traffic analyses, and size of warehouse is not a good indicator. Since 1990, Costco has grown 11.2 % per year. The average per unit is 101 million or $90 per average customer. The store is open 358 days per year and 10 hours per day. If Costco can provide other locations similar to this,he would visit the site. This location impacts 250 residents directly and several thousands indirectly on a daily basis. Bob Peterson of 10986 Leaping Deer Lane, read a quote from a newspaper in Detroit on a Costco opening. He read the noise ordinance. Noise would be a problem day and night. Impulse noises are very difficult to accurately measure, such as those from the tire center. He asked what choice they have in sound. Terry Pearson 10827 Leaping Deer Lane addressed the differences in the approved and proposed plans, citing the gas station and potential off-sale liquor. The largest building was 48,000 sf; Costco is at 148,000. The approved plan creates a better transition for homes. The building entrance faces residents. The Costco sign will face residents; homes. She referenced a City of Coon Rapids council meeting in which Costco stated that locations that did not have gas stations would add gas stations or relocate stores. The tire center requires a zoning amendment. 99% of Costco facilities sell liquor, 2 do not. Frank stated the sale of beer and wine was different than selling spirits. Eden Prairie can only sell liquor at municipal liquor stores. Costco said they would not go into a community if they could not sell liquor. Costco was denied in Coon Rapids for 1) liquor and 2) gas station. Subsequently Costco was meeting individually with councilmembers working to change the liquor ordinance or buying out the existing license. This is a poor transition; requires many variances, has a questionable traffic study, contradictory pictures and an interpretive sound study. Loren Anderson of 18376 Ebener Way said he was concerned that Best Buy was leaving and Eden Prairie was losing another tax base. Costco can bring people in. The city needs something to get the mall busy again. Keith Benson of Rain Dance Trail said he agreed with the main street concept; progressive communities are developing a village look. This is one of the last main pieces of land to develop. A 20-cent gallon cut on gas impacts other retailers; the city will have store closings. During Christmas sales double. Corneille recapped residents' concerns of offsale liquor, safety, traffic and the accuracy of analysis, sound, sign location, and land use. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 5 Franzen identified the main issues for the Board to discuss and the alternatives in the staff report. Motion by Foote, second by Brooks to close the public hearing. Motion carried, 5- 0. The public hearing closed at 9:16. Foote asked whether the gas station and tire store would be negotiable. Frank said the business model brings goods and services to the marketplace. The tire center and gas are a large part of the business. Costco would prefer to leave the proposal as it stands. Foote asked about the hours of the gas station. Frank said generally 6:30 a.m. to 10 p.m.; some discretion is left to the store manager. Corneille said this addresses operational items but not the environmental issues. Frank said the gas stations obey laws. The technology utilized is state of the art. All applicable safeguards are in this design. There is some noise, and some misrepresented facts. An acoustical analysis indicates meeting the City ordinance. Stoelting asked whether the fueling facility was unmanned. Frank said it was just a fueling facility, with no water or air; designed for economy; members only. Patrons must utilize a Costco card to activate the pump. The location is not important. It can be landscaped and screened as an integral architecture of the building. The price varies from 1 cent to 14 cents below average. This helps Costco add value to its membership. Stoelting asked whether this meant the fueling facility and tire center were non- negotiable. Frank said he did not have the ability to withdraw those. It is important to address what the issues are. The best thing was for the board to give specific feedback so that Costco can make a business decision. Stock asked whether it was true that 99 percent of the stores sell liquor. Frank responded yes. Clinton said he would like Franzen's comments on the difference in service districts. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 6 Franzen said the site is zoned C-Regional Service. Home Depot, Target, and Walmart are zoned the same. Costco is similar to the other uses and therefore is permitted in the commercial district. Clinton asked Gray about trip generation. Costco will generate the same amount of traffic as the approved plan. The gas customer is a store customer; most of this traffic is already in traffic figures from the store. 75% will do the trip at the same time; 25% will make a special trip for gas. Clinton said as far as the transition for neighborhoods, the model was designed to try to minimize the impact. He would support more buffer. Any retail place will have some of these same visual, noise and traffic impacts. Foote concurred. The PUD was approved in 94 for 165,000 sf. Regardless of what commercial use is built the traffic and impacts will be similar. This site is part is the market center of Eden Prairie. The gas station and tire center has insurmountable impacts. This is an unmanned facility. He asked how Costco would respond to gas spills. Stoelting said the traffic study was based on a 1994 analysis; one comment was the adequacy of the traffic study;he asked staff whether there would be a benefit to reevaluation. Gray said there is not a problem with the data. A comment was made that the study did not anticipate the growth of Chanhassen and Chaska. This is not true; the study considers traffic to 2015. According to the City's approved Transportation Plan, Prairie Center Drive will see 30,000 cars per day. The road is currently 23,000 or 24,000 per day. There is nothing wrong with the 1994 study. It includes not specifically Costco but very similar development in terms of retail, office, and residential traffic. Brooks said he concurred with comments regarding concerns with the gas station. Foote said he did not think the proposal was compatible with the approved plan because of the tire center and gas station. Stoelting said he concurred with Foote. Corneille said he concurred that the land use was different than the approved PUD because of the gas station, tire center, and the noise level. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 7 Frank said Costco would like the opportunity to clarify the traffic analysis. If the board were heading for a decision; Costco would request a continuance to go over the issues and have the opportunity to respond. Corneille said there was concern regarding if the proposed land use was acceptable. Koenig said she appreciated the neighbors' concerns, however the board must also consider the City as a whole. She was concerned about the gas station. Corneille said the gas station does not provide a transition and that a retail building may be a better use. The tire center has noise and outside storage issues. Clinton said he would like to see more details on cars stacking on Prairie Lakes Drive through Rolling Hills. Stoelting said he would like to know whether it was true that the neighbors would need to keep windows closed because of noise. Foot asked staff about the lighting in the parking lot Franzen said the revised plan meets City requirements. Koenig asked Costco address the receiving hours. Clinton requested that Costco respond to the residents' statement that trucks were kept on site. Foote inquired whether the board was requesting that Costco eliminate the gas and tire operation. Corneille said the board was concerned that uses are not consistent with the approved plan and may need further mitigation. Frank said Costco would need a specific list of problems. There may be some creative solutions. Costco is willing to work with residents. Franzen said the board should first discuss the use of the property. If the board believes this is the wrong land use, then the plan details do not need to be discussed. Corneille said the land use issue is the gas station and the tire center. Brooks said he would recommend alternative#2 with modifications involving the tire center, gas station. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 8 Stock said this use was not consistent with the approved PUD. Motion by Brooks, second by Stoelting to approve the Costco plan based on alternative 2 of the staff report. Brooks amended the motion to recommend approval of the proposal to the City Council based on plan changes including elimination of the gas facility and the tire center and approving waivers relative to parking. Motion seconded by Stoelting. Motion failed 3-4. Corneille asked for the vote. Brooks-yes, Foote-no, Stoelting-yes, Stock-no, Koenig-yes, Clinton-no, Comielle-no. Foote asked why Clinton was opposing. Clinton said the board was approving the project without the tire center and gas station but does not approve of overall land use. Not all of the issues have been mitigated. Motion by Stock, second by Clinton to deny project based on inconsistency with PUD and inadequate transition to the neighborhood. Brooks asked what Costco's alternative might be if the project is denied. Franzen said Costco could go to the council. The Board is advisory to the council. Council can make the final decision. Motion failed 3-3-0. Brooks-no, Foote-yes, Stoelting-no, Stock-yes, Koenig-no, Clinton-yes. Motion by Clinton second by Koenig to continue the item to the September 11 meeting. Motion carried 5-1. The board took a five-minute recess at 10:30. B. PRAIRIE VILLAGE AT DELL ROAD Board member Nelson arrived at 10:30 p.m. Richard Palmiter, Vice President of Rottlund Homes, said since the May 19 concept plan he has worked with the property owner. A commercial area was replaced with townhomes. The general site plan shows a variety of medium density townhomes with 2 and 4 unit garden townhomes and 8, 10, of 12 unit gable townhouses. Access is provided to the Horsfal property from Dell Road through the gable townhomes. Rottlund Homes agrees with the staff recommendation; they are here to ask for approval so the PUD can go to council. There are diverse housing types and architectural styles. This helps to meet the COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 9 housing goals for seniors, empty nesters, and professionals. Planting diverse significant trees will help mitigate tree loss. On the Gable site, they will transplant some existing trees. One waiver is requested for front yard setback from 30' to 25' along Hackberry Court. Lee Johnson, with U.S. Homes was unable to attend the meeting but wanted it to be noted that he was opposed to this request. Koenig asked what percentage of conifers could be saved. Palmiter said they would transplant as many as possible along Pioneer Trail and along Dell Road. Koenig asked how this relates to total percentage tree loss. Palmiter said those are not considered significant trees. The loss relates to significant trees that cannot be saved. Stoelting asked about the location of the conservation easement. Palmiter said it was along the easterly border. Stoelting asked about sidewalks added along Dell Road. Palmiter said there was a sidewalk on one side and a trail along the other side of Dell Road. Sidewalk connections will be made throughout the townhomes to Dell Road. Nelson inquired about townhouse driveways and safety when backing out onto the street. The visitor parking is not close to some of the townshomes. Palmiter said visitor parking was mostly 1 or 2 cars. There is parking further between the buildings. That has been adequate in other projects. Nelson asked about the actual price range. Palmiter said the garden units start between $180,000-200,000 and the gable units start at$140,000. Flemming said the staff recommends approval. This provides guest parking at .5 spaces per unit, usually .25 spaces is required. There is adequate parking. The medium density family helps meet some housing goals. It is consistent with the city's strategy of diverse density and architecture. There is transition between east and west. Road improvements will accommodate additional traffic. There is one waiver requested for the front yard setbacks along Hackberry Court from 30' to 25'. The Board needs to consider whether this is an appropriate transition for the area or if changes should be made; and whether housing goals are met. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 10 Kathy Horsfal, a resident of 17621 Pioneer Trail, said she was disappointed they lost the retail; some smaller retail would better serve the community than additional townhomes. She wanted to thank Rottlund for providing flexibility. Stock asked about the height on three story units. Flemming said they could be 45 feet according to code; these are 40 feet. MOTION by Brooks, second by Clinton to close the public hearing. Motion carried 7-0. MOTION by Brooks second by Clinton to recommend approval of the project according to the staff report. Motion carried, 7-0. C. BUCA ADDITION Vicky Vandell of Landform Engineering said the proposal included waivers for the front yard setback from 35 feet to 10 feet, 17.5 feet to 10 feet, and a sign height from 20 feet to 40 feet. The front yard setbacks for Mitchell Road and Highway 212 are justified with the new construction of Highway 212. Coniferous and deciduous screening will be used. The sign height waiver is because there is almost no sign visibility; with a 40 foot high sign they could get some sign visibility. There is also a waiver of minimum lot size from 5 acres to 1.53 acres. Clinton asked whether signage identification was a big issue. Vandell said they would like to see it happen. There is an existing sign;because of rearrangement of the parking they will have to move the sign somewhere; Mitchell Road and Highway 5 is available,but then it would go 7-10 feet lower than Highway 212. Flemming said staff recommends approval with the exception of the height waiver for the sign. The sign should remain consistent with others along the roadway and the City Code. Dale Hansen of 6923 Golden Berry Road said he agreed with granting a waiver for the sign variance. Highway 212 signage is not good or visible for businesses. Brooks said parking has been an issue at Buca and asked how this mitigated the problem. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 11 Flemming said the plan does meet city code. They are leasing parking in excess of the code on an adjacent site and will continue to lease parking. Stock asked for an explanation of the setback waivers. Flemming said the front yard setbacks will be at 10 feet. The right of way was taken based on Highway 212 improvements; the city has approved other projects at this distance to accommodate the improvements. MOTION by Nelson, second by Clinton to close the public hearing. Motion carried 7-0. MOTION by Nelson, second by Clinton to approve the PUD concept review based on the staff report including the parking setbacks; and minimum lot size. Koenig asked whether cash park fees were paid. Fox said they were paid when Mr. Steak was built there many years ago. Nelson expressed concern regarding waivers for sign height from 20 to 40 feet. There seems to be adequate reasons for an increase in sign height. Nelson amended the motion to include the approval of a sign height waiver from 20' to 40.' Stoelting said he had some concerns about the maximum sign height. Highway 212 is under construction; a 20 foot high sign placement is barely visible;he asked whether there were other alternatives to raising sign height requirements along Highway 212. Nelson said she understood that ground level at that corner is lower than grade; this should be looked at as an individual case and should not set precedence. Clinton concurred. He cited an example of a tire center on Flying Cloud. NTS sign is not visible from behind trees. Franzen said if the Board makes an exception, they must describe reasons why they are granting an exception. He expressed concern about receiving a deluge of requests for existing businesses wanting taller signs. Commercial developments are destinations. Buca purchased the property knowing the impact of Highway 212. The City, as a whole, must have controlled signage. Corneille concurred. Nelson said there is lower topography in the southwest corner creating a hardship due to the change of highway height. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 12 Franzen said they are also asking for additional wall signs allowed by City Code. Perhaps there could be a trade off to allow less wall signage and a taller monument sign. The motion failed 3-3. Koenig said she was in favor of the expansion not in favor of the waiver. Brooks said they should see an alternative plan for the sign. MOTION by Stoelting, seconded by Koenig to approve the PUD with all waivers except an increase in the sign height and subject to recommendations in the staff report. Motion carried 6— 1. IX. Planners Reports/Stu Fox Fox said he met with residents of 8671 Big Woods Lane who removed trees from a conservation easement. The staff does not have the discretion to work with the resident on replacement, it is the responsibility of the board and council. He summarized the restoration plan. Stoelting asked about the number of trees. Fox said around 11. The scenic and conservation easement is up against their property. When they purchased the property, they built the house at a 40-foot setback, closer to the conservation easement. When staff investigated, only a pile of chips remained where the trees were. Staff discussed this with the Starrs and the contractors; they recommended a diameter of 24 inches, or 8 three-inch trees in the conservation easement area. Brooks inquired about 11 trees and 66 diameter inches. Fox said this was an estimate based on the number of holes and stumps ground out. Koenig said in a June 13, 2000 letter, it references removal of 11 trees and 17 additional stumps for a total of 28 stumps. Corneille said staff and Mr. Starr were in agreement as to the number of inches to be replaced. Starr said in the back yard they removed trees that they thought were on their own property, 16 feet from the deck. There is a neighbor to the east; they wanted to match sod and mulch. They want approval for ten yards to match neighbors sod and mulch. COMMUNITY PLANNING BOARD MINUTES AUGUST 14, 2000 PAGE 13 Fox said this was put in before the discussion of markers and no conservation markers were ever put in. They should stay true to the conservation easement, and replace trees accordingly. Koenig said the issue of conservation easements was initially dealt with on a parks level and was a matter of great concern. Nelson expressed concern and said staff should check if the neighbors encroached as well. Starr said the play structure was on the back corner of lot. It is 16 feet to the back of the lot. Fox said the recommendation was to draw a straight line from the north property line of 42 feet. Instead of a bow, draw the line straight. This would gain 5-7 feet. Starr said they could put the play structure outside of the easement line, at the end of the property where it would be accessible. Fox said the concern is future property owners may want to increase this. There are posts at the north and south boundary lines. Koenig asked whether any trees would be affected if the line straighten. Starr said this was a flat weedy area. Koenig asked about their knowledge of the conservation easement when they closed on the house. Starr said they were close to closing in Bear Path and the builder showed them this property; they purchased it without knowing where the easement was and would not have purchased the property if they had known. They are willing to replace trees, but the builder should pay as well. Motion by Stoelting, second by brooks to amend the conservation easement approved October 20th to reflect the new property line subject to tree placement as stated in the staff report. Motion carried, 6-0. Motion by Koenig, second by Stoelting to adjourn. Motion carried 6-0. The meeting adjourned at 11:50.