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HomeMy WebLinkAbout1991-10-05 Planning Commission Meeting Minutes RegularCommissioner Byron questioned Mr. Larsen on the number of parking places indicated on the revised site plan. Mr. Larsen said the revised proposal depicts 36 parking spaces. Commissioner Byron asked the number of parking spaces at the 49 1/2 St. Walgreen's. Mr. Larsen explained the Walgreen's at 49 1/2 St. has 17 spaces on site, with the option of using the ramps. Commissioner Faust commented that she agrees with Commissioner McClelland's observations from the previous meeting regarding the blue windows at the 49 1/2 St. Walgreen's. She said she also finds the blue windows distasteful. Commissioner Shaw said in her opinion the color of the windows are irrelevant when considering the rezoning. She pointed out everyone has their own personal opinion on what "looks good". Commissioner McClelland said comments can be noted on massing, and in her opinion the blue windows create a wall mass. Commissioner McClelland moved to recommend preliminary rezoning approval subject to staff conditions, entering into a proof of parking agreement, and that no speed bumps are constructed on the site. Commissioner Byron seconded the motion. Ayes; G. Johnson, R. Hale, N. Faust, H. McClelland, V. Shaw, D. Byron. Commissioner D. Runyan abstained. II. NEW BUSINESS: Z-91-5 Preliminary Rezoning R-1, Single Dwelling Unit District to POD -2, Planned Office District. Normandale Golf Area, Tract B, RLS No. 1050. 5-91-5 Preliminary Plat Approval, Registered Land Survey Mr. Larsen presented his staff report and asked the Commission to note the plan before them this evening is similar to the plan presented in 1985, except one important issue. In the past proposal ownership of the golf course was left "up in the air". The proposal presented this evening ensures that the golf course will be controlled and operated by the City of Edina. Mr. Larsen concluded that staff recommends approval of this proposal subject to approval of an amendment to the Comprehensive Plan, and preliminary rezoning and subdivision approval. Mr. Kenneth Rosland was present, Mr. Bob Worthington, Opus Corporation was present and interested neighbors were present. 2 Mr. Larsen introduced to the commission Mr. Kenneth Rosland, City Manager. Chairman Johnson asked Mr. Larsen to clarify a few items before Mr. Rosland begins his presentation. Chairman Johnson inquired how far north the proposed office building will intrude. Mr. Larsen explained that dimension is approximately 70 feet. Chairman Johnson questioned Mr. Larsen on the height of the existing office buildings located near the proposed office building. Mr. Larsen said the easterly office building is three stories, the office building to the west is one story. Chairman Johnson asked Mr. Larsen the number of parking spaces required for the proposed office building. Mr. Larsen responded that the ordinance requires 479 parking spaces. The proposal provides 480 parking spaces. Commissioner Hale commented that he remembers hearing promises were made by the city or Rauenhorst to nearby property owners indicating this land would be set aside as a buffer. If this was promised, a golf course, or open space should always remain. Mr. Larsen said those comments were researched, but there is no documentation, or any records indicating that the city promised the golf course would always remain. Continuing, Mr. Larsen said nothing is legally recorded against the property that would prevent other types of development by the present property owner or future property owners. Mr. Larsen pointed out council minutes, at that time, reflect that any rezoning or subdivision requests would have to go through the normal redevelopment process. Commissioner Faust questioned how far the proposed building would be from the lot line of the golf course on the residential side. Mr. Larsen said around three hundred forty feet, or roughly the size of a football field. The building would be setback an additional 70 feet from it's property line. Chairman Johnson introduced Mr. Rosland, City Manager. Mr. Rosland began his presentation by informing the commission that approximately two years ago Mayor Richards recommended to staff that they begin a study that would look into the acquisition of Normandale Golf Course as a public golf course for residents of Edina. Mr. Rosland told the commission that nothing legally binds the city to purchase this property. He informed the commission the city invited residents to a meeting on August 29, 1991, to discuss this proposal. The new golf course will be paid for by user fees. Mr. Rosland reported that the site is 28 acres., and the city has approached Opus to acquire 22 of those 28 acres. The remaining 6.2 acres would be rezoned to office and controlled by Opus Corporation. It is their plan, when the market is agreeable to construct a 5 story office building. At present, the office market is very soft, so a definite plan for construction has not been implemented, and may not be implemented for a number of years. Mr. 3 Rosland explained that Opus needs recorded on paper that they can build an office building on the 6.2 acre site. Continuing, Mr. Rosland said the 22 acre, proposed par 31 golf course, will be incorporated into the Lake Edina Park. Mr. Rosland told the commission the proposed course is unique, with short tees with easy pin placement for novice golfers and farther pin placement for the more advanced golfers. Opus has agreed to construct at no cost to the city a clubhouse that will be approximately 4,000 square feet, 2,000 feet up, and 2,000 feet down. The parking lot will contain space for 60 cars. Mr. Rosland said he believes the city can afford to do this. Golf is booming within the city, and user fees will offset the initial development costs. Mr. Rosland spoke on the proposed changes to the present course and pointed out with graphics how the holes on the golf course line up. He pointed out it is the belief of the city that this proposal will benefit neighbors, and the city as a whole. Kellogg Avenue will be cul-de-saced, which should reduce traffic. The tennis courts will be removed, the parking lot for the ball fields will be removed. The playground will be relocated, Kellogg Avenue would be fenced, thereby preventing golfers from floating into the neighborhood. Mr. Rosland noted it has been documented that for a number of years problems have been reported from residents regarding the use of the fields, and the suspicious activity that has occurred in this area. Mr. Rosland noted at the neighborhood meeting a mixture of feelings were expressed, there are residents who oppose the proposal, and residents who support the proposal. He pointed out there is no question that this plan has been previously heard. The only changes are this plan pulls back the 6.2 acres designated for the proposed office and the city controls the golf course. Commissioner Hale said it would seem, from a golf course standpoint, that the office lot should not intrude into the golf course. Mr. Rosland said he agrees, but Opus desires it, as it is presented. Mr. Rosland said the northerly edge of the proposed office building would be bermed and planted and if an office is constructed that berming would not be disturbed. Commissioner Hale questioned if there would be a fence along the northern edge of the golf course. Mr. Rosland said a fence is proposed to run from Kellogg Avenue to Parklawn Avenue. He added, if a strong feeling is expressed from the residents indicating they desire a fence along the whole course the city would be willing to look into it. Commissioner Runyan asked Mr. Rosland if it is the intent of the city that this course remain a public golf course. Mr. Rosland said that is correct. Commissioner Hale inquired if they have to approve a five story office building. Mr. Rosland said that Opus desires the site 4 to be rezoned to POD -2. They want it on record that the site is rezoned to reflect office use. Commissioner McClelland asked Mr. Rosland to go over the access easement the Shilder Group is willing to grant to the city. Mr. Rosland said an agreement has been drawn up between the City and the Shilder Group. The agreement is subject to purchase of the course. The agreement states that the city will build a public driveway off Parklawn. At present there is a 25 foot strip that is a drainage easement. Shilder Group has indicated they are willing to grant an easement over that strip to the City to be used as a driveway. The driveway will be maintained by the city as far as snow removal. Mr. Rosland noted the only way the Shilder Group will "walk away" from the agreement would be if the city would change the zoning of the Golf Course. Commissioner McClelland commented that she feels 60 spaces for golf course parking may not be adequate. She questioned Mr. Rosland on the number of parking spaces located at Braemar. Mr. Rosland said he believes Braemar Golf Course has 250 parking spaces. Mr. Rosland said he believes the parking is reasonable and there is overflow parking across the street in the office parking lots. Commissioner McClelland questioned Mr. Rosland if he believes there will be a problem at Normandale Golf Course from errant golf balls, and asked Mr. Rosland to address the problems that have been occurring at Braemar. Mr. Rosland explained that the second hole at Braemar is situated in a position that has lead golfers to believe because of the dense vegetation that there are no homes behind those trees. Mr. Rosland said it appears some golfers when waiting to tee -off would pick up range balls and hit them into what they thought were woods. He added signage has now been implemented at Braemar and there have been no problems since. Mr. Rosland asked the commission to note that this is the first year errant balls have been a problem for Braemar. Commissioner McClelland said she has a concern about city liability. She pointed out the office buildings are mostly constructed with mirrored glass and there is also the potential to hit cars parked in the lot. Mr. Rosland said he believes the way the new holes have been configured will alleviate any problems. He pointed out the city will increase the landscaping which should reduce errant golf balls. He concluded it may be impossible to control all balls, but they have done their best to mitigate any problems. Commissioner McClelland noted that the soil on the course is not the best and believes there is quite a bit of peat present. She asked if any problems have been noted by the DNR. Mr. Rosland said the DNR has not indicated any problems with this proposal. Commissioner Runyan asked for clarification on the five story office building. Mr. Rosland explained that Opus requests that the 5 site is to be zoned POD -2, which would accommodate the proposed five story building.. Commissioner Byron pointed out to the commission that POD -2 zoning determines building height by setbacks, so in reality the office building could be higher than five stories if it meets city setbacks. He added a zoning to POD -1 would limit the height of the building. Commissioner Byron asked the commission to note, for the record, that the appropriate signs were not erected informing residents that a rezoning is in the process. Mr. Larsen said it was his understanding that signs had been erected regarding the proposed rezoning. Commissioner Byron asked Mr. Larsen if he knows the square footage of the centennial lakes medical office building. Mr. Larsen responded that the medical office building is 6 stories, one story below grade, so when the building is viewed from the parking lot, it appears as 5 stories. The square footage of the building is 106,000 square feet. Commissioner Byron asked if there is a land survey on file for the site. Mr. Larsen said there is a land survey, but it is complete only in regards to the office building. Commissioner Shaw commented that the jog in the lot line of the golf course appears funny. She stated in her opinion the proposed office building butts right smack up against the north property line, and in her opinion that doesn't make sense. Mr. Rosland said Opus has requested a 106,000 square foot building of 5 stories, and has drawn the proposed building pad to reflect this request. The building has been located where Opus desires it. Commissioner Shaw asked why the parking lot can't be moved to the golf course side of the proposed building thereby moving the proposed building farther from single family homes. Mr. Worthington said the concept could be changed to address the concerns of the commission. He added the commission could stipulate that the proposed office building be no higher than five stories. He added he understands their concern that because of the POD -2 zoning the building could actually be constructed higher while complying with the requirements of the POD -2 zoning. In response to Commissioner Shaw's observation about the proposed office building appearing too close to the property line, Mr. Worthington said that is the intent of the design. He pointed out the proposed building has been designed to incorporate the golf course into it's theme. Mr. Worthington explained that it is very desirable to create beautiful views for potential tenants. Golf courses create a park like setting, and like many substantial single family homes on golf courses, an office building wants to be as close to the golf course as possible. The proposed office building will be extremely attractive to potential tenants if they have views of the course and can sit outside on warm days and enjoy the beauty of the course. Continuing, Mr. Worthington said the building will be "Class All with underground parking, and penthouse 2 suites. He indicated that the office market at present is soft and it may be some time before an office building is erected on this site. Mr. Worthington pointed out that what the commission is approving in reality is a concept, not a specific building plan. Chairman Johnson questioned if there is a verifiable reason to construct a five story building on this site, and in his opinion four stories would present a less imposing profile. He pointed out the proposed parking may be excessive, and this body believes, where possible, green space should be preserved and a Proof of Parking Agreement entered into. Commissioner Faust asked Mr. Rosland if it would be possible to give Opus, Inc. a tax break if they would erect a three story office building instead of the proposed five story building. Mr. Rosland answered that cannot be realized. The city has to assess value across the board and does not have the authority to devalue a site for a tax break. Commissioner McClelland asked Mr. Worthington if he knows the vacancy rate for Pentagon Office Park. Mr. Worthington responded that he does not know that figure. Continuing, Mr. Worthington said the south suburban vacancy rate for office buildings is 20%. Commissioner McClelland said she has a concern with Pentagon Park. In her opinion it is looking rather shabby, and because of this, there could be future redevelopment. Continuing, Commissioner McClelland added she appreciates what Opus has presented, and the work that has gone into this proposal, but would like to see the rezoning of this site be POD -1. She pointed out it may be possible to work something out with the city if redevelopment were to occur at Pentagon Park. She suggested if Pentagon Park were to add additional stories, your proposed office building could add an additional story. Commissioner McClelland reiterated, that at present, she feels the proposed POD -2 zoning is too dense, and in her opinion recommends that the site be rezoned to POD -1, with a limit of four stories. Commissioner Hale said he agrees with Commissioner McClelland, rezoning the site to POD -2 could set a precedent for all buildings in that area north of 77th Street. In response, Mr. Worthington said he prefers not to be tied to what could happen to Pentagon Park in the future. He added if tied to what could happen there, this could put us in a less competitive situation if Pentagon Park would be redeveloped. He told the commission if they feel strongly about a four story office building on this site that should be stipulated in their motion. Mr. Joe Stoutenberg, 7449 West Shore Drive, told commission members that the proposed five story office building would be a very imposing site for residents. He added he has a concern that property values would decrease as a result of this development. 7 The proposed building is too large, too close, and there could be problems with lighting that would effect property owners. He also noted the buffer zone would be broken down if a building of this size would be constructed. Dr. Kenneth Hodges, 7428 West Shore Drive submitted a letter to Chairman Johnson from Mrs Schwarzrock. He read this letter for commission members. Mrs. Schwarzrock opposes the rezoning. Geof London, 7437 West Shore Drive, told the commission he is strongly opposed to the rezoning. He added he is very happy that the city will operate the golf course if this land is acquired. He informed the commission that he spoke with realtors and found that Edina has an office vacancy rate of 19%. He pointed out, in his opinion, the proposed office building willincrease noise, crime, traffic, and lighting will be a problem. Another point is that his family will loose the use of the tennis courts and the ball fields. He concluded that he feels many years ago it was promised that the golf course would remain. He explained that he feels the hardest loss to this family as a result of this proposal will be the loss of his view from his rear yard. Mr. London suggested that the city purchase the entire property, the whole 28 acres. Mr. London questioned why the price is so high for the 6.2 acre office site. Who will compensate neighbors for a decrease in land value. Tom Anderson told the Commission he owns property at two locations in this area. He added, that he believes the golf course at present, is in good condition. During the last few years an attempt has been made to upgrade the course, and the amount of money the city is willing to spend to upgrade the course may be to high. Mr. Anderson told the commission he strongly supports the purchase of the golf course by the city because it has merit for the entire city, but cautioned we may be paying too high of a price for the land and giving Opus just what they want. He agreed with Mr. London that it appears the 6.2 acres plat has an inflated price. Mr. Anderson asked Mr. Rosland what the total price of the golf course is if the city purchases it. Mr. Rosland said the purchase price is $900,000.00, or .94 a square foot. He said you are correct in your assumption that the dollar value of the land has been transferred to the front 6.2 acres. The city cannot afford to purchase the entire parcel, and the city did try to purchase the entire the parcel. Mr. Art Janusek, 7501 Kellogg Avenue South, asked the commission to note that at present the golf course is not maintained in good condition. He pointed out the ball fields have also created a number of problems from people who come after the game and drink and become loud. He pointed out that within a 4 block neighborhood there are 24 children. He added he supports the change to the golf course as designed. He noted he has not observed that the tennis courts are being heavily used, and supports the upgrade to the playground, in it's present condition 8 it is unsafe for children. He reiterated the golf course needs to be professionally managed, it is run down, it causes problems with persons who party and create noise, and are irresponsible when they play golf. He added he shares the concern of neighbors that the proposed five story office building is too high. Mr. Michael Teasdale, 4517 Sedum, said at present the golf course is in limbo. He reported the golfers who use the course now are not responsible. The existing conditions in this area need to be "cleaned up". A "satisfactory" course is a nuisance, Edina needs a "superior" course. The activity behind the pump house cannot continue. This area needs to be supervised. At present it is an attractive nuisance. Mr. Thorndike, 7409 Kellogg Avenue said he moved into the neighborhood in 1964 and recalls that in 1965 a 24 story high-rise was proposed, and defeated. He understood at that time that there would never be any more office buildings in the area and the golf course would always remain. He questioned when redevelopment would stop. Commissioner Byron submitted to commission members a booklet that contains research he has collected for a number of years regarding this issue. Commissioner Byron said as a landowner, and not a commission member be compiled this report. Comments from Commissioner Byron are as follows: Commissioner Byron explained to the commission the history of the site, and that at one time the city "toyed" with zoning 90 acres to light industrial, and the rest of the site to two motels and a golf course. The golf course was planned along the northern edge of the area to serve as a buffer. Commissioner Byron pointed out that that did not happen, but in all plans submitted to the city the integral part of those plans was the golf course, and residents of the area were led to believe that the golf course would remain as a buffer from the planned office district. Commissioner Byron noted that it is unfortunate that nothing was ever secured guaranteeing that the golf course would remain as is. Continuing, Commissioner Byron referred to minutes from the planning commission meeting of 1985 and a letter from Mr. Hite stating that the golf course would always remain. Commissioner Byron commented that at the time of rezoning the city was unable to develop the industrial park until they adopted an industrial ordinance. In 1985 the planning commission voted denial on a proposal to develop an office building similar to the one presented this evening. Commissioner Byron referred to City Council minutes from January 21, 1985, where Councilmember Richards pointed out that he could support a proposal considering a three story building that would be pulled more to the south, and a reduction to parking. At that time Councilmember Richards suggested that Opus donate the rest of the land to the city, solve any existing drainage problems and construct a clubhouse. At this meeting the issue was referred 9 back to the planning commission. Commissioner Byron concluded by reminding the commission that what is before them this evening is a fantasy building, and in his opinion we, as a body, should have a firm plan before us enabling us to make an educated decision. Commissioner Byron that said as a neighbor in the area he would feel more secure if he knew what Opus planned, adding the reality is that he does not want to look at a large office building. Mr. Rosland said he wants to make it perfectly clear that the city council will make the final decision on this proposal. The planning commission and city staff are advisory. City staff was asked by the Mayor to assemble a report and present it to the council, commission, and parkboard. Mr. Rosland said this is an issue that will not go away, and it is a difficult issue. The time appears to be right to put some finality to this issue. In response to questions regarding a complete survey for the site, the R.L.S. will not be completed for the entire site until a definite answer is achieved. If the 6.2 acres is rezoned, and the city purchases the golf course, there is finality. Mr. Rosland commented that in city hands the golf course will remain a golf course. Mr. Rosland concluded that city staff is asking the commission to vote on this issue this evening and bring it to a conclusion. Normandale, Inc. (the golf course) does not want to operate as a golf course, and it is a good time for the city to purchase the property. Mr. Rosland noted the ball fields have created problems, the city has received calls of complaint on the fields. He reported some of those problems were eliminated when Van Valkenburg Park was opened, but complaints still continue to come into our police department. Concluding Mr. Rosland said the golf course business is complicated, but the city has looked into acquiring this golf course for a number of years. Mr. Rosland said this issue has been carefully examined. Chairman Johnson asked Mr. Worthington if the 6.2 acres could be zoned as an outlot until the time is right to construct an office building, Opus could then re -apply for rezoning. Mr. Worthington replied that Opus Corporation requires rezoning at this time. He added he would appreciate it if the commission would vote on this issue this evening and put in their motion if they want the zoning to be POD -2 or POD -1 with a 4 story building. Commissioner McClelland said while she understands the feelings of residents she believes the neighbors also have to "give a little". She added she believes this proposal is different from the proposal submitted in 1985. With the city controlling the golf course the residents can believe that the course will be run professionally, and the golf course will remain a golf course. She concluded that in fairness to the neighbors the rezoning should be POD -1, a five story office building is not a good land use in this area. She pointed out the city could not afford to buy the entire piece in 1985 and cannot afford to buy the entire site at this time. A fair compromise must be achieved. Commissioner McClelland moved to recommend preliminary POD -1 rezoning approval subject to the concept submitted and the additional conditions 1) that rezoning approval is for POD -1, not POD -2 as requested, and the office building, when constructed, is to be limited to four stories. 2) negotiations between the City of Edina and Opus Corporation are to continue regarding ownership of the golf course, using the information supplied by Mr. Byron to purchase the golf course at a lower price to the city, if at all possible. Commissioner Shaw seconded the motion. Commissioner Faust said she has a hard time envisioning an office building so close to a golf course. Commissioner Byron pointed out that the spacial separation between the existing buildings and the residential landowners is far greater than the space between landowners and the proposed office building. Commissioner Hale proposed an amendment to the motion that would read that the most northerly portion of the proposed building be constructed in line with the setback lines of the buildings immediately east and west of the proposed building. The setback line will be drawn diagonally. This amendment will move the building farther back from the golf course. Amendment accepted. Commissioner Hale. Aye Commissioner Faust Nay Commissioner McClelland Aye Commissioner Runyan Aye Commissioner Shaw Aye Commissioner Byron Nay Chairman Johnson Aye The motion carried, 5-2. C-91-3 Conditional Use Permit Christ Presbyterian Church 6901 Normandale Road Mr. Larsen presented his staff report noting the church is proposing to construct a 63 space parking lot on the north side of West 69th Street. Mr. Larsen concluded that he believes that mitigation measures have not been adequately implemented and that additional on-site parking should be studied as provided in the Proof of Parking agreement. Jerry McKinney, representing Christ Presbyterian Church was 11 present. Interested neighbors were present. Commissioner Faust said this proposal disturbs her. She stated she remembers very clearly that two years ago when Christ Presbyterian requested a conditional use permit to remodel their existing facility they indicated at that time they would not cross West 69th Street. She concluded that she cannot support this request. Commissioner McClelland said she agrees with Commissioner Faust and added in her opinion the mitigation measures have not been addressed. She pointed out a shuttle bus should run from Arneson Acres to the church with members. Chairman Johnson asked Mr. Larsen how many parking spaces are at Arneson Acres. Mr. Larsen responded he believes there are about 50 parking spaces. Mr. Mckinney explained to the Commission the church has experienced steady growth and feels the additional paring will be needed. He pointed out it makes sense to move north, any other location for additional parking would result in a considerable loss of large oaks. The following residents spoke in opposition to the church's request to expand the parking north. Ms. Colleen Gallagher, 6812 Brittany Road, Mr. Lawson, 4816 Wilford Way, Ed Arko, 6816 Brittany Road, Robert Gallagher, 6812 Brittany Road. Their comments are noted as follows: 1. Noise and lighting will become problems for residents if the church is allowed to expand across West 69th Street. 2. More encroachment into the residential neighborhood by the church should not be allowed. This encroachment will have a negative impact on property owners and property values. 3. It should be noted when the church last came before this body for a conditional use permit they stated they would not cross West 69th Street. In their own words "this would not be the neighborly thing to do". Commissioner McClelland reiterated that this is a residential neighborhood and the church has not investigated all alternatives that were to be implemented with their previous proposal. She stated the growth of the church should not "swallow a neighborhood" and if the church is experiencing such growth, maybe they should consider relocating. Commissioner McClelland moved to recommend denial of the Conditional Use Permit. Commissioner Faust seconded the motion. 12 All voted aye. Motion carried. 3. Z-91-6 Preliminary Rezoning, R-1, Single Dwelling Unit District to PRD -2, Planned Residence District. Outlot B, Parkwood Knolls 20th Addition S-91-8 Preliminary Plat Approval Parkwood Knolls 23rd Addition. Mr. Larsen presented his staff report noting that the proponent, Harvey Hansen is proposing to substitute a zero lot line single family development for the R-2 development contained in the Master Plan. Mr. Larsen said the result is a reduction in density from 14 units to 11 units. Continuing Mr. Larsen said the proposed platting anticipates the vacation of an existing street right-of- way over portions of lots 8 and 9. This right-of-way would provide access to Malibu Drive for a parcel of land west of this property owned by Wallace Kenneth. Mr. Larsen concluded by stating staff recommends preliminary rezoning and preliminary plat approval subject to: 1. Final Rezoning 2. Final Plat 3. Vacation of right-of-way for Harvey Lane. The proponent, Harvey Hansen was present. Commissioner McClelland commented that what is proposed is new, to the area and questioned if it might look out of place. Mr. Hansen explained that in reality the dwelling units will be single family homes constructed with a zero lot line on each north property line. This will afford each home an adequate side yard while orienting it away from the buildings to the rear. Continuing, Mr. Hansen explained that at present there is no market for double bungalows, and there appears to be a market for what is proposed. Mr. Hansen added each unit will be one story and marketed in the 200-300 thousand dollar range. Commissioner Hale questioned if the north elevations of the proposed units have windows. Mr. Hansen said there will be no windows on the north elevation. 13 Commissioner McClelland questioned the extension of Malibu Drive and the vacation of Harvey Lane. Mr. Larsen explained that the extension of Malibu Drive has been expected and is in the original plans for Parkwood Knolls. He added the council will hear the matter regarding the vacation of Harvey Lane. Commissioner Runyan moved to recommend preliminary rezoning approval subject to staff conditions. Commissioner Shaw seconded the motion. Ayes, G. Johnson, Hale, Faust, McClelland, Runyan, Shaw. Commissioner Byron abstained. Motion carried. 5-91-6 Preliminary Plat Approval. Wooddale Lakes Addition. Ratter Family Partnership. East of Millers Lane and north of Crosstown Highway Mr. Larsen presented his staff report noting this site is very difficult to develop. In addition to the constraints of the pond, the south side of the property is only around 50 feet from the highway and is at the same grade. Mr. Larsen said he believes it is important to establish an area adjacent to the highway, sufficiently wide to allow berming, dense plantings, and possibly a fence to mitigate the impact of freeway noise. Continuing, Mr. Larsen added he believes it is also important to protect the natural condition of the shoreline of the pond. Mr. Larsen explained that during review of the proposed 8 lot subdivision staff felt the 8 lot subdivision was too intense and suggested the proponent combine lots 1 and 2 and re -orient the new lot to the cul de sac. Staff also recommended the elimination of Lot 8. Staff recommends approval of a revised six lot plat with the following conditions: 1. DNR review, including any DNR permits. 2. Watershed District grading permit. 3. Developers Agreement 4. Final Plat Approval 5. Subdivision Dedication 6. Release of right-of-way by MNDOT or relocation of right- of-way to proponents property. Mr. Larsen informed commission members the proponent has submitted a revised 6 lot plat as recommended. The proponent, Fred Katter was present. Interested neighbors were present. 14 Commissioner Johnson voiced his opinion that he believes the proposed road should be located on the property. Mr. Katter began his presentation informing commission members he believes what is proposed will enhance the neighborhood. He agreed with staff that the revision to six lots will create a "better" neighborhood. He added it is of the utmost importance to buffer the proposed new homes from the freeway with plantings and a fence. Commissioner Hale suggested that the setbacks from the waters edge to the building front be at a minimum of 100 feet. This would ensure adequate shoreline conservation. Commissioner Runyan said careful house placement will have to be incorporated so the shoreline is not ravished, and agreed a conservation easement should be placed along the shorelines. Mr. Larsen added he believes the revision to six lots affords each lot more flexibility, and depth, and should ensure shoreline protection. A brief discussion ensued between commission members regarding the proposed road. They agreed with the suggestion by staff that if subdivision approval is granted the right-of-way must be released and legally recorded by MNDOT allowing it to remain, or they must relocate the right-of-way onto their own property. Residents who spoke in opposition to the proposal are noted, E. Eisenbrey, 6228 Brookview Drive, Mr. and Mrs. Hornbacher, 4509 Nancy Lane, J. Thill, 6336 Miller Lane, Mr. and Mrs. Flemming, 6324 Brookview Avenue, J. Dietrich, 6329 Miller Lane, K. Kruth, 4443 Garrison Lane. Their comments are recorded as follows: * The proposal will have a negative impact on the wildlife. The natural wildlife habitat would be lost forever, if sensitivity to the environment is not implemented. * Access to the existing footbridge should not be obstructed, many children use the bridge to go to Cornelia Park and the municipal pool. * Traffic will increase for the neighborhood and specific streets will be used more then others. Safety is a grave concern, especially since the footpath to the bridge is so heavily used by residents of Edina. Safety for our children must be ensured. * At present, vehicles travel down St. Johns and other adjoining street at high speeds, is there a way to reduce speed on these speeds to ensure the safety of pedestrians. 15 * The city should study the sewage and drainage issues before approval is granted. * Traffic signal signs should be erected, warning unfamiliar vehicles that this is an area where children are present on foot and on bikes. * The six lot revised proposal still depicts too many houses for the site, could the number of houses be reduced. It is also the hope of the neighbors that development and design of the proposed homes are constructed in character with the neighborhood. Commissioner Runyan, in response to concerns raised regarding sewage and storm water, informed residents that this issue will be carefully reviewed by the engineering staff to ensure if the property is developed present residents would be assured that their properties would not be negatively impacted by water problems. Chairman Johnson told residents that their concern regarding safety, signage, and vehicular speeds can be addressed at a City Traffic Safety meeting. Traffic Safety meets monthly and the staff liaison is Fran Hoffman, City Engineer. Commissioner Byron agreed with residents that the footbridge is widely used by residents of Edina. He added, in his opinion, that passage way must remain safe for our children. He concluded their safety should be a priority. Mr. Larsen told commission members that regarding the footbridge, and the safety of the City's children, all will be done to ensure that the pathway remains as a safe access to the footbridge. He added there is always concern by the city staff regarding pedestrian safety, and reiterated that every safety measure will be implemented to ensure the safety of Edina"s residents. A lengthy discussion ensued regarding the correct figure to determine the conservation easement and on the best way to ensure that the pond is adequately protected. Commissioner Hale suggested that the conservation easement be determined from the building line, and in reality the rear building pad line should be no more than 70 feet from the front building pad line, and the conservation easement along waters edge should be at a minimum of 50 feet. Commissioner Hale moved to recommend preliminary plat approval of the revised 6 lot plat, subject to staff conditions and the additional conditions that 1) the rear building pad line be no more than 70 feet from the front building pad line, and 2 ) there will be a minimum conservation easement of 50 feet placed around the pond. There was no second to Commissioner Hale's motion. His motion died 16 for lack of second. Commissioner Runyan suggested that the conservation easement of 50 feet along the waters edge may be adequate. Mr. Hale said, in his opinion there will be a problem with Lot 5. Commissioner Runyan agreed, and added a new motion may have to address Lot 5 individually. Mr. Larsen noted conservation easements do not have to be uniform. If the "point" on Lot 5 is a concern, Lot 5 can be independently addressed. Mr. Katter said he is willing to cooperate with the city to come to a agreement regarding the conservation easement for Lot 5. Commissioner McClelland said the proponents have revised their original proposal from eight lots to six lots and this is a plus. She added she still has a concern, and that concern is that it appears that every vacant piece of property in Edina is approaching development. She added that while she understands the rights of property owners to develop their sites, it is still hard to realize that Edina will have little to no undeveloped pockets of land. Commissioner McClelland added if a proposal meets our requirements and the request is reasonable, the only thing the commission can do is try to ensure that the development is sensitive to the neighborhood, meets all requirements regarding the environment, drainage, traffic, safety, etc. Concluding Commissioner McClelland said as a long time Edina resident she agrees, it is hard to see Edina become completely developed. Mr. Kurth, property owner, asked the commission to note that he just wants them to listen to all their concerns. He added he understands development will occur, and is relieved that the lots have been reduced from 8 to 6, but would like to see a further reduction in the amount of lots. He concluded that this proposal will really impact the present neighbors. Commissioner Runyan agreed that it is extremely hard when you live in a neighborhood for many years and enjoy open natural space and that space becomes developed. He added the commission as a body tries it's best to ensure that development does not negatively impact existing residents. Commissioner Byron moved to recommend preliminary plat approval of a revised 6 lot plat subject to staff conditions and the additional conditions that Lots 1,2,3,4 & 6 have a conservation easement of not less than 50 feet on all segments of the development that adjoin water, and that Lot 5 have the additional condition that the rear building pad line be no farther back from the property line then 100 feet. Commissioner McClelland asked that an amendment be made to 17 Commissioner Byron's motion, that water drainage be addressed and be made as a formal part of the motion to ensure that the City Engineer views the proposal and ensures that drainage for this site is adequately addressed. Commissioner Hale questioned if the motion could be amended to include that Lots 2,3,4, have the same conservation easement as previously recommended for Lot 5 in. Commissioner Byron's motion. Commissioner Byron said in his opinion he does not see the need to have the conservation easements for 2, 3, 4 be the same as for Lot 5. The proposed amendment was not accepted. Commissioner Byron said he does not feel those lots have the same requirement as Lot 5. An unidentified women requested that the plat be reduced to 5 lots, thereby moving the road farther from the walking path. Chairman Johnson reminded the women that the plat was decreased by 2 lots, which moved the road 8 feet away from the bridge. Commissioner Shaw seconded Commissioner Byron's original motion, which accepted Commissioner McClelland's amendment that the city engineer review the drainage issue for this plat, and rejected Commissioner Hale's motion to include Lots 2,3 and .4 to the conservation easement recommended for Lot 5. All voted aye; motion carried. III. ADJOURNMENT: The meeting was adjourned at 1:00 a.m. �'. �._� ; . ► 1 � f s �► 18