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Planning Commission - 12/09/1996 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday,December 9, 1996 7:00 p.m. COMMISSION MEMBERS: Kenneth E. Clinton, Randy Foote, Bill Habicht, Ismail Ismail, Katherine Kardell, Douglas Sandstad, Mary Jane Wissner STUDENT REPRESENTATIVE: Jessica Lind STAFF MEMBERS: Michael Franzen, City Planner Scott A. Kipp, Senior Planner I. PLEDGE OF ALLEGIANCE--ROLL CALL II. APPROVAL OF AGENDA III. MINUTES IV. PUBLIC HEARINGS A. CHIMNEY PINES by Laukka-Jarvis, Inc. Request for Planned Unit Development Amendment Review on 1.29 acres, Planned Unit Development District Review on 1.29 acres,Zoning District Amendment in the R1-9.5 Zoning District on 1.29 acres, Site Plan Review on 1.29 acres and Preliminary Plat of 1.29 acres into 8 lots. Location: Spyglass Drive, south of Riverview Road. V. PUBLIC MEETING A. CODE AMENDMENT TO FLOOD PLAIN REGULATION VI. MEMBERS' REPORTS VII. CONTINUING BUSINESS VIII. NEW BUSINESS IX. PLANNERS' REPORTS X. ADJOURNMENT • APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 9, 1996 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Kenneth E. Clinton, Randy Foote, Bill Habicht, Ismail Ismail, Katherine Kardell, Douglas Sandstad,Mary Jane Wissner STUDENT REPRESENTATIVE: Jessica Lind STAFF LIAISON: Mike Franzen, City Planner; Jean Johnson, Zoning Administrator; Elinda Bahley,Recording Secretary MEMBERS ABSENT: Katherine Kardell • I. PLEDGE OF ALLEGIANCE-ROLL CALL Chair Clinton called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION: Foote moved; seconded by Habicht,to approve the Agenda as published. Motion carried 6-0. III. APPROVAL OF MINUTES Wissner noted on page 6,the third paragraph was commented by her and not Kardell. MOTION: Sandstad moved, seconded by Ismail, to approve the Minutes of the November 25, 1996 Eden Prairie Planning Commission as amended. Motion carried 6-0. IV. . PUBLIC HEARINGS A. CHIMNEY PINES by Laukka-Jarvis, Inc. Request for Planned Unit Development Amendment Review on 1.29 acres,Planned Unit Development • District Review on 1.29 acres, Zoning District Amendment in the R1-9.5 • Eden Prairie Planning Commission December 9, 1996 Zoning District on 1.29 acres, Site Plan Review on 1.29 acres and Preliminary Plat of 1.29 acres into 8 lots. Location: Spyglass Drive, south of Riverview Road. Franzen explained the developer has withdrawn the project at this time. Additional archaeological survey is needed for two burial mounds south of the existing house. Staff recommends the Commission close the public hearing and return the development plans to the proponent without prejudice. MOTION 1: Ismail moved, seconded by Foote,to close the public hearing and return the development plans to the proponent without prejudice. Motion carried 6-0. V. PUBLIC MEETING A. CODE AMENDMENT TO FLOOD PLAIN REGULATION Jean Johnson,Zoning Administrator,Community Development, explained the City has received a few inquiries from farmers and other rural zoned property . owners about constructing agriculture buildings in the flood plain. One of those requests was approved by the Watershed District a few months back. City staff looked at the existing Flood Plain Code and discovered they do not have a process by which these non-inhabitant agricultural buildings can be reviewed. The original Flood Plain Code of 1976 did have some criteria for reviewing those types of buildings. The purpose of the criteria was to insure whatever structures were constructed would have a low flood damage potential. The present Flood Plain Code was explained and the changes recommended to be made were outlined. In talking to the Watershed District and the DNR staff,their purpose in reviewing the flood plain structures is to regulate the structures,not prohibit it. They have the same concerns as the City has as far as residential structures in the flood plain,but they do approve agricultural buildings in the flood plain. Sandstad expressed concern about securing insurance for buildings in the flood plain because this is a flood prone area. Johnson said if a mortgage is secured for the structure,then the mortgage company would have that ability to require flood insurance if they wanted. If there is no mortgage secured, a property owner would not necessarily get flood insurance. If they do secure flood insurance, the conditions of the contract might outline how much • 2 Eden Prairie Planning Commission December 9, 1996 reimbursement they get for the damage. Foote asked about the size of the buildings typically and the type of materials it would be constructed of. Johnson replied the two situations they are aware ofnow, one building might be around 30 by 50, and the other one around 50 by 80,both metal. Wissner inquired as to who makes the final decision if there is not another spot that the building can go on the property. Johnson stated the City Council would be the ultimate ones to decide. Habicht asked if they would still have the ability to regulate the uses in environmentally sensitive areas. Johnson said yes. Some of the items already looked at are whether or not there would be any hazardous material stored or pesticides, and staff does not want to see any manure storage in the flood plain. Habicht said he was referring more towards site lines and scenic easements. He was talking about near property lines without an easement which will allow that flexibility to prohibit a structure in sensitive areas. Johnson said slopes or trees, and distance from the creek would be something reasonable, and definitely in sensitive areas. The scenic impact would have to be done on a case by case area because some of the flood plain areas are hidden areas. Habicht's concern was along the creek where one side has some protection in the form of an easement and the other side is a private area which is available for development. Franzen noted that would be within their regular powers under shoreline regulations for doing that, and the City would still have the latitude to use it when deemed necessary. Sandstad asked if the City would be obligated to put out a fire if there is no access and no fire hydrant. Johnson said her past understanding of the situations of barns and agricultural buildings, fire protection is provided,but caution exercised because firefighters may not know what is stored in a building. Foote expressed concern about who would be responsible for the clean up if for example a log comes and hits a building during a flood and the busted up pieces flow down the river. He said he was not comfortable supporting this for a lot of reasons he heard and some of his own reasons. He does not think it's a good idea to put anything in the flood plain from an environmental prospective. Habicht stated he was comfortable with the amendment to the Code provided 3 Eden Prairie Planning Commission December 9, 1996 that the City feels there is enough latitude to review these things on a case by case basis. MOTION: Sandstad moved, seconded by Habicht,to recommend approval of the proposed text amendment included in the December 5, 1996 memo from Jean Johnson regarding a change to the flood plain section. Motion carried 5-1 with the no vote by Foote. VI. MEMBERS' REPORTS Sandstad referred to the memo of November 15, 1996, from Bob Lambert, and said he would be interested in seeing if staff could include comments about Columbine Road being done in two years. The timing on Columbine is very nebulous. Franzen commented that trails are part of the Capital Improvement Plan. The Parks Commission recommends a list of improvements to the City Council who authorizes the expenditures. Sandstad asked that the Planning Commission be authorized to see the list for 1997 and 1998 for information purposes. Clinton referred to the letter of December 6, 1996, from Allen Nelson,Fire Marshal, concerning visibility of the fire hydrants during the snow and ice season, and noted he was glad to see that. Wissner was concerned about what was happening on Technology Drive across from St. Andrews. Franzen explained it's part of the Watershed District project for the Purgatory Creek Recreation Area and wetland mitigation. VII. CONTINUING BUSINESS Franzen noted there will be a Joint City Council,Planning Commission, and Board of Adjustments and Appeals meeting on Monday, December 16, 1996 in the Council Chambers. This meeting will include the Metropolitan Council staff who will explain what the growth options are and what the transportation plan is for the metropolitan area. VIII. NEW BUSINESS Franzen noted the document entitled, Seniors Issues Task Force was done by Jean Johnson. It does not need discussion tonight but staff got it in the packets so the Commissioners have time to read it. It is a long document and took 18 months to create. If the Commission at any time would like it reviewed, staff would make a presentation. Clinton said discussion should be on a night without any items on the . 4 Eden Prairie Planning Commission December 9, 1996 agenda and have a public hearing on the housing needs and disability needs by getting input from the citizen groups, and a couple of people from the Senior Task Force. Sandstad suggested inviting somebody from the Metropolitan Center for Independent Living or State Council on Disabilities. Their issues are very similar to the senior issues. IX. PLANNERS' REPORT None. X. ADJOURNMENT MOTION: Foote moved, seconded by Habicht,to adjourn the meeting. Motion carried 6-0. The meeting adjourned at 8:45 p.m. • 5