Planning Commission - 03/12/2012 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 12, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Michael Franzen, City Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m.
II. APPROVAL OF AGENDA
MOTION by Kirk, seconded by Wuttke, to approve the agenda. Motion carried 8-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 27, 2012
Pitzrick had a change to the third paragraph on page 6. He would like it to read;
"Pitzrick stated he is questioning the City Council's decision five years ago, May
lst, 2007, when Brad Aho stated closing Eden Prairie Road was a separate
decision from Prospect Road".
Wuttke had a correction on page 7, first paragraph. The motion carried should be
4-1.
MOTION by Wuttke, seconded by Pitzrick, to approve the minutes as amended.
Motion carried 5-0. Lechelt, Lee and Schultz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
EDEN PRAIRIE PLANNING COMMISSION MINUTES
March 12, 2012
Page 2
A. THE MEADOWS AT RILEY CREEK by Meadows, LLC
Location: 9845 Sky Lane
Request for:
• Zoning District Change from Rural to R1-13.5 on 5.03 areas
• Preliminary Plat of 5.03 acres into 12 lots and 1 outlot
Chair Stoltz stated this is a continued item from the February 13, 2012 meeting
and tonight the applicant is withdrawing the project.
MOTION by Pitzrick, seconded by Wuttke, to close the public hearing. Motion
carried 8-0.
MOTION by Pitzrick, seconded by Lee, to accept the withdrawal of the
Meadows at Riley Creek project and return the plans to the applicant without
prejudice. Motion carried 8-0.
B. HENNEPIN VILLAGE SITE-B by Toll Brothers
Continued from February 27, 2012)
Location: 10127 & 9735 Eden Prairie Road
Request for:
• Planned Unit Development Concept Review on 71.5 acres
• Planned Unit Development District Review on 71.5 acres
• Zoning District Change from Rural to R1-13.5 on 24.37 areas
• Preliminary Plat of 71.5 acres into 52 lots and 3 outlots
Alex Martin, Division Vice President of Toll Brothers, presented the proposal.
He stated the proposal is for 52 lots and a pool and club house. The homes would
be approximately 3,000 to 4,400 sq. ft. and between $600,000 to the 750,000.
They would like to break ground in June.
Chair Stoltz stated at the last meeting there were questions regarding a pool site
and club house and who would have access to this. Chair Stoltz asked Franzen to
address these questions. Franzen stated the 2001 developer agreement plans
shows two pools and two clubhouses. One has been built and Toll would fulfill
the obligation for the 2nd pool and clubhouse with this development. The memo
from the City attorney indicates in order for the proposed pool and clubhouse to
be available to all homeowners, the Master Declarant and the owner of Site B
would have to consent to Site B being added to the master association. Toll has
indicated that they will not become part of the master association. Based on
information provided to Mr. Rosow, the proposed pool and clubhouse on Site B
will not become common area available for use by all the residents in Hennepin
Village. Also, the City cannot require that the proposed pool and clubhouse be
made available to residents outside of Site B. They can only obligate Toll
Brothers to build the pool and club house to code. Chair Stoltz asked Franzen if
the agreements have been met so far. Franzen stated they have been met so far.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
March 12, 2012
Page 3
Pitzrick thanked the City for all of their work and said the project should move
forward. Kirk concurred with Pitzrick.
Schultz said he previously had questions regarding the legal issues of the City in
regards to this project but they have been answered by City Attorney Rosow.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion
carried 8-0.
MOTION by Kirk, seconded by Fyten, to recommend approval of the Planned
Unit Development Concept Review on 71.5 acres, Planned Unit Development
District Review on 71.5 acres, Zoning District Change from Rural to R1-13.5 on
24.37 acres, and Preliminary Plat of 71.5 acres into 52 lots and 3 outlots based on
plans stamped dated February 21, 2012 and the staff report dated February 24,
2012. Motion carried 8-0.
C. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste
Location: 9813 Flying Cloud Drive
Request for:
• Zoning District Change from Rural to I-2 on 12.4 acres
• Preliminary Plat on 263.32 acres into one lot and 2 outlots.
Bill Griffith, representative of Woodlake Sanitary Service, presented the proposal.
He stated they would like to rezone the property so there are 24 acres of
Woodlake Sanitary Service to operate, which would include and office, transfer
station and hauling operations. The Minnesota Pollution Control Agency
(MPCA) would retain the lands until all the construction is complete.
Tom Newman, from the MPCA,presented a PowerPoint presentation of
Managing Risk at the Flying Cloud Landfill. He gave a background on the
project and stated it started in 1994 to manage the risk at closed landfills, called
the Closed Landfill Program (CLP). This is one of 112 landfills in the program.
In 1995, BFI and MPCA settled into a binding agreement. BFI retained the 225
acre landfill, LF gas rights, and business operations on-site. MPCA accepted
long-term care responsibility. In 2010, Mr. Newman stated they noticed the
landfill needed work and they would need to take ownership of that property and
that is why they are here tonight. They want to make improvements to the
landfill; currently there are inadequate slopes and pooling water. BFI will retain
ownership of the business operations property. Also, there is a reduced gas flow
and this will also have to be improved.
The MPCA will provide local government units (LGUs) with maps showing
groundwater plumes and areas of concern for groundwater, methane gas and
EDEN PRAIRIE PLANNING COMMISSION MINUTES
March 12, 2012
Page 4
narratives. Mr. Newman stated they will make recommendations to assist LGUs
in their adoption of land use controls. Mr. Newman showed the methane gas are
of concern and pointed out the closest resident is approximately 800 feet away
from the landfill. LGUs responsibility is to notify any person who applies for a
permit to develop in the affected area—Subd. 4. With Subd. 9, MPCA must
develop a land use plan for each landfill property. The local land use plan must
be consistent with MPCA's land use plan.
Mr. Newman stated what they plan to do today in regards to the landfill is to peel
back the top soil, consolidate the waste footprint,re-slope the cover to facilitate
drainage, install a synthetic cover, install a new gas extraction system and seed
the area with permanent grasses. Mr. Newman pointed out this will create a
buffer between to BFL The consequences of this project is that the landfill will
have to be re-opened for the needed reconstruction, construction will begin in the
Fall of 2012 and will continue for 2-3 years, and reconstruction of the landfill will
result in minimal increased truck traffic along Flying Cloud Drive and work will
be staged to minimize waste exposure.
Mr. Newman also pointed out the future plans of the landfill would be that LMA
will be zoned Closed Landfill Restricted with Permitted Use defined as "Closed
Landfill management". The majority of LF will be off-limits in perpetuity due to
CLP's investment in remedial equipment and some peripheral area may be
proposed as conditional use areas.
Schultz asked Mr. Newman, in regards to methane gas, is there any cause for
concern to people on the BFI side of the site. Mr. Newman stated there should be
no concern.
Lee asked Mr. Newman what the height differential is. Mr. Newman stated it is
40 feet high and pointed out it would be piled with garbage and some topsoil and
stated it is like a layer cake; and seed will go on top of the pile. Lee asked if it
would be visible from Flying Cloud Drive. Mr. Newman said it can be seen from
Flying Cloud Drive but it is not obvious. It will sit behind BFI's operation and
will just look like a mound.
Pitzrick asked if there was a liner underneath this. Mr. Newman stated there is no
liner. Pitzrick asked what amount of cubic yards would be moving. Mr. Newman
said approximately 2 million cubic yards. Pitzrick asked why this project would
take so long. Mr. Griffith said it is taking so long because they do not want to do
it all at once because of the smell.
Lee asked Franzen what the action is for tonight. Franzen stated the action would
just be for the zoning and subdivision of land to allow for transfer to the MPCA..
Chair Stoltz asked Franzen to review the staff report. Franzen stated on the last 2
pages of the staff report there are recommendations for the Commission to
EDEN PRAIRIE PLANNING COMMISSION MINUTES
March 12, 2012
Page 5
consider. This item will a hearing at the City Council. Future meetings include an
amendment to the guide plan to designated a Close Land Fill and create a zoning
district to regulate use.
Chair Stoltz asked Mr. Newman if there was a fence around the property. Mr.
Newman said there was a fence around the property.
Chair Stoltz opened the meeting up for public input.
Brian Reid, a resident on Kiersten Place, which is on the eastern side of the site,
asked if the western edge of the landfill is 25 to 30 feet deep and the eastern side
is 100 feet deep. Mr. Newman said the northern area is 100 feet deep and stated
they are not moving this closer to the homeowners, they are just adding a western
edge to the pile. Mr. Reid said he had a concern about the height and if it could
be spread out more. He also has a concern with the length of the project and
would like if it could be shortened up. Mr. Reid asked why they are proposing to
push back so much from BFI's business and why they just couldn't keep a safe
distance from them and not pile it as high. Mr. Newman pointed out that making
it higher would not impact the gas system; it actually should make the gas concern
smaller. Mr. Reid stated it is an eye sore and that is a concern to him.
Jeff Lewis, manager of the project and representative of MPCA, stated it is a lot
cheaper for them to consolidate the area versus spreading it out. They will
certainly take a look at the site lines for neighbors. The 40 feet really is not
sticking up it is actually tucked down. Mr. Newman stated he understands the
neighbors concerns and will take that into account.
Ben Klismith, of MPCA, said they will minimize the cost to the public and make
this look as natural as possible and concluded it will not look like a dirt mound.
Michael Seelig, of 10232 Kiersten Place, stated his back yard is next to this
property and feels this property has been mismanaged. He has concerns also on
the height of the landfill and the length of the project. He is concerned about the
impact of heavy equipment to the foundation of the houses. He would
recommend not approving the transferring of ownership.
Chair Stoltz said tonight they are just talking about rezoning and subdivision of
land and not transferring ownership.
Jeff Lewis stated he understands the concerns of the residents, as he has done this
before and pointed out the dust usually is not a problem because they do a lot of
watering. Mr. Lewis said the three years for the project is an extreme and may
not take that long. The more they open up the landfill the more odor there is, so
they are trying to balance this to minimize the odor. The minimum time for this
project is 14 months to 2 years. Chair Stoltz asked if work could be done during
the winter. Mr. Lewis stated yes, that is when they like to do the work because
EDEN PRAIRIE PLANNING COMMISSION MINUTES
March 12, 2012
Page 6
windows are not open. He also pointed out whether they own BFI or not, MPCA
is responsible for the long term care and transferring the property just makes
decisions easier.
Doug Reimes, a resident on Sandy Point Road, which is on the southeast area of
the landfill, said he is concerned with the 40 foot dome. He stated it will not look
good and right now you can tell there is a landfill there. His second concern is the
odors that will be coming from the landfill. Mr. Newman said they are addressing
the issue of the odors and that is why they are going to be doing smaller areas to
eliminate some of that.
Schultz stated this project is going to be going into multiple stages. The
Commission's first priority right now is just rezoning the plat. He stated he
understands the homeowner's concerns and his recommendation to homeowners
is to wait and see what comes in with this project because there will be 2 to 3
more meetings on this.
Lee stated he feels the height of the mound seems to be a savings issue and not a
safety issue. Mr. Newman pointed out the landfill sits lower then some property
around the area. Lee said he would like more screening in the area; such as trees.
Mr. Lewis stated some residents may like to look at grass versus trees.
Chair Stoltz asked Franzen if there was anything else that needed to be considered
in regards to this project. Franzen stated there is one issue. One condition for
approval would be access through BFI for both construction access and
monitoring activities for the land to be owned by the MPCA. This is item 1 on
page 2 of the staff report.
MOTION by Fyten, seconded by Wuttke, to close the public hearing. Motion
carried 8-0.
MOTION by Fyten, seconded by Wuttke, to recommend approval of the Zoning
District Change from Rural to I-2 on 12.4 acres, and Preliminary Plat of 263.32
acres into one lot and two outlots,based on plans stamped dated February 2, 2012
and the staff report dated March 9, 2012. Motion carried 8-0.
VII. PLANNERS' REPORT
A. ULI Workshop
Franzen stated there is a flyer in the packet for Commission Members interested in
attending the ULI workshop on "What's Next? Real Estate in the New Economy"
If you are interested in attending contact Katie Anderson before noon on April 6'.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
March 12, 2012
Page 7
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Wuttke, seconded by Kirk, to adjourn the meeting. Motion carried
8-0.
There being no further business, the meeting was adjourned at 8:30 p.m.