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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.