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Planning Commission - 02/28/1994 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,FEBRUARY 28, 1994 7:00 p.m. City Center Council Chamber 8080 Mitchell Road COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Cynthia Clish, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STUDENT REPRESENTATIVE: Lisa-Marie Gualtieri STAFF MEMBERS: Donald Uram, Planner; David Lindahl, Planner; Recording Secretary Jan Nelson L PLEDGE OF ALLEGIANCE--ROLL CALL The meeting was called to order at 7:00 p.m. by Chair Doug Sandstad. Gualtieri was absent. H. APPROVAL OF AGENDA • MOTION: Clinton moved, seconded by Schlampp, to approve the Agenda as published. Motion carried 7-0-0. III. MINUTES MOTION: Kardell moved, seconded by Wissner, to approve the minutes of the January 24, 1994 meeting as published. Motion carried 6-0-1 with Clish abstaining. IV. PUBLIC HEARINGS A. JOYLAND by David Kraemer. Request for Zoning District Change from Rural to R1-13.5 on 2.76 acres and Preliminary Plat on 2.76 acres for three single family lots and road right-of-way. Location: 14506 Staring Lake Parkway. Terry Schneider, representing proponent, reviewed the request to divide the 2.76 acre property into three single lots, and noted that a variance from the Board of Adjustments will be required because, on the recommendation of Staff, lot 2 is platted without frontage on a public street. Clinton asked about controlling the runoff from lot 2. Schneider said there will be erosion control around the southern part of the site during construction. Clinton then asked what the runoff from the roof is expected to be and how it will be handled. Schneider said the amount of runoff will be negligible and that it would have no effect on the site. PLANNING COMMISSION 2 February 28,1994 Sandstad said he was concerned about possible problems because of the steep grade of the driveway. Schlampp expressed concern about the grade and width of the driveway and the drainage on the driveway. He asked if a storm drain will be required. Snyder said the Engineering Dept. has not requested one, but they can review the situation with them again. Schlampp also expressed concern about access for fire trucks and other emergency vehicles because of the driveway's narrow width and steep grade. Clish asked how common it is to have a project with a shared driveway. Uram said that, while approval of shared driveways is not common, there are other shared driveways in the City, primarily where there are significant natural features that should be preserved. Uram noted that the Fire Marshall was more concerned that the street addresses be plainly visible at the base of the driveway than with the driveway situation. Ed Cronin, 9043 Victoria Drive, presented a letter from nearby homeowners requested that the project be continued in order to give them more time to have input. He said they are concerned about the runoff problems. In addition, the plans they received showed the Lot 1 building being much further back on the lot. Steve Bennett, 14631 Queens Trail, said he was concerned about the appearance of the house on Lot 2. • Kardell asked for details about the erosion control and drainage plans since the packet did not include of a description of what is proposed. Uram said the concerns of the Engineering Department related to thesoils in the area and erosion control during construction; however, in light of the concerns expressed tonight, it may be appropriate to take a closer look to see if there is something special required for the drainage. Sandstad asked about the potential to combine Lot 2 with the Kingston Ridge properly. Kraemer said they have talked to the owners on both sides of the property with no results and that Kingston Ridge lot has been sold recently. Clish said she was concerned about controlling the structures that will be built on the lots. Kraemer said he has a vested interest in that since he will be living on Lot 1. He said the lot price should guarantee a nice house. Clinton asked if the developer had considered additional plantings to screen the property from nearby residents. Schneider said they will retain many of the trees on the lot. Bauer said he thought it was important to resolve the issue of the drainage. MOTION: Schlampp moved, seconded by Clinton, to continue the Public Hearing in order to give the developer an opportunity to double check the items of concern and to meet with the neighbors. • AMENDMENT TO THE MOTION: Schlampp moved, seconded by Clinton, to continue the Public Hearing to March l4th. Motion carried 6-1-0 with Clish opposed. PLANNING COMMISSION 3 February 28, 1994 VOTE ON THE MOTION AS AMENDED: Motion carried 6-1-0 with Clish opposed. B. HUBER FUNERAL HOME by Miller Construction. Request for Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District, Zoning District Amendment in the I-2 Park Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres for the construction of a funeral home. Location: County Road 4 and Cadillac Drive. Gary Verkinnes,representing Miller Construction,reviewed the request. Sandstad asked if there had been a conscious attempt made to coordinate the project with the More House next door. Norm Cole, the architect for the project, said they had discussions with the Historical/Cultural Commission about the structure. Paul Huber said they have also discussed sharing parking facilities with the Moore House. Clinton asked about the lighting for the project. Cole reviewed the plans for the exterior lighting which include standard light fixtures on 18 foot poles. Schlampp asked if 54 parking stalls will be sufficient. Huber said they had originally planned to have 69 or 70 stalls, but the buffer recommended by the Historical Commission took up some of the parking space. Huber noted that most funerals are conducted in churches, and that visitations are scheduled over a 3-to-4 hour period, so the parking should be adequate. Kardell asked if any of the parking at the former Legion Hall would be used. Uram said that would involve private negotiations between the two owners. Schlampp then asked if there would be additional parking available along Cadillac Drive and if so, how much. Uram said it is a private road and he did not know if parking is permitted there. Uram said Staff recommends approval of the amendment to the City Code to allow funeral homes as a permitted use in the Industrial Zoning District rather than the alternative of changing the Comprehensive Guide Plan to Commercial for this site. He said Staff also recommends that building materials be reviewed prior to the issuance of a building permit. Schlampp expressed concern about the stormwater drainage and the small NURP pond for the site. Uram said the amount of runoff from this project will not enlarge the pond that is there and that the Engineering Department recommends a cash contribution instead of a NURP pond. Schlampp asked where the cash contribution would go. Uram said the Engineering Department wants to avoid the expense of maintaining a lot of small NURP ponds, so the cash will go into a special fund to develop larger NURP ponds in other areas of the City. Joe Springer, representing Welsh Companies, owner of the former Legion Club building, said they have a purchase agreement for the building now that would reopen the upstairs as an upscale restaurant. He said that a funeral home on this site is inconsistent with the purchaser's plans for the former Legion Club building. He said the purchaser believes the . orientation of the site plan is very unfavorable and they also believe the parking facilities would be inadequate. He said they have not been contacted about sharing Cadillac Drive. PLANNING COMMISSION 4 February 28, 1994 Carol Madsen, representing Welsh Companies, said there is a Developer's Agreement regarding the three parcels on this site, an amendment to which states that the parcels will revert to Industrial Zoning if not developed to 1-2. She suggested that proponents be asked to buffer the other two sides of the project in addition to the side facing the Moore House. Uram said he thought the Huber's and Welsh Co. need to get together to discuss some of these issues; however, he said the Commission needs to determine first whether this is an appropriate use in the Industrial Zoning district and then whether it is an appropriate use in this location. Rod Krass, attorney for the purchaser of the former Legion Club property, said they have been working on this site since October. He reviewed at length the issues that are involved in the Commission's decision on the project, stating that this is a request to amend the zoning code for funeral homes as a permitted use in the Industrial District. He said this is an attempt to deal with a site-specific problem with a text amendment to the zoning and that, by dealing with one particular site, the commission will recommend authorizing a use in a particular zone that doesn't belong there. He said that, in effect, it puts a retail use in the Industrial District. He thought it was inappropriate to add a text amendment for this part of the I-2 zone. John Lewman, representing Towle Co., said that Thompson Lumber owns the third property in this area. He said Welsh built the road with the understanding that all three property owners would share in the maintenance, so this project would have to pay the outstanding • costs for construction of the road as part of the final agreement. He commented that he thought the use of the property could be much worse and that the majority of the windows in the restaurant would face the opposite direction of the project. Clish said she thought the proposed building would enhance that area of the city; however, she did have a concern about the situation in the former Legion Club building with the restaurant and the situation regarding the Hockey Association project in the lower level of the building. She said she would like to continue it to see if the two parties could work something out. Schlampp said he would also like to see the project continued. Madsen said she was concerned that they had no opportunity to talk with the proponents. MOTION: Kardell moved, seconded by Bauer,to close the Public Hearing. Motion carried 6-1-0 with Clish opposed. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the 1-2 Park Zoning District based on plans dated February 25, 1994, and subject to the recommendations of the Staff Report dated February 25, 1994, with the further recommendation that the parties involved try to resolve some of their differences prior to the project coming before the City Council.. Motion carried 5-2-0 with Gish and Clinton opposed. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the request of Miller construction for Zoning district amendment in the 1-2 Park Zoning PLANNING COMMISSION 5 February 28, 1994 district on 1.6 acres based on plans dated February 25, 1994, and subject to the recommendations of the Staff Report dated February 25, 1994, with the further recommendation that the parties involved try to resolve some of their differences prior to the project coming before the City Council. Motion carried 5-2-0 with Clish and Clinton opposed. MOTION: Kardell moved, seconded by Bauer, to recommend to the City Council approval of the request of N iller Construction for Site Plan Review on 1.6 acres based on plans dated February 25, 1994, and subject to the recommendations of the Staff Report dated February 25, 1994, with the further recommendation that the parties involved try to resolve some of their differences prior to the project coming before the City Council. Motion carried 5-2-0 with Clish and Clinton opposed. V. MEMBERS' REPORTS Kardell reported of the Sensitive Land Use Coalition last Friday . She said Enger did a good job in trying to give balance to the proceedings. VI. CONTINUING BUSINESS VH. NEW BUSINESS A. 1994 Liquor License Referendum • Following a review by Uram of the Fact Sheet on the Referendum and a discussion of the current situation with liquor licenses, the Commission received word that, in a special meeting, the City Council had decided to postpone the Referendum while awaiting the results of possible legislation regarding the issue. VIIL PLANNERS' REPORTS Lindahl reported that the Human Rights & Services Commission reviewed the memorandum outlining the proposed Eden Prairie Housing Voucher Program at their meeting tonight and that they are concerned that Human Services issues are addressed. Lindahl noted that this is a pilot program and that it is contingent on legislation being approved. IX. ADJOURNMENT MOTION: Clinton moved, seconded by Kardell, to adjourn the meeting. Motion carried 7-0-0. The meeting was adjourned at 9:30 p.m. • AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, February 28, 1994 7:00 p.m. COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Cynthia Clish, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STUDENT REPRESENTATIVE: Lisa-Marie Gualtieri STAFF MEMBERS: Chris Enger, Director of Community Development; Michael D. Franzen, Senior Planner; Donald Uram, Planner; David Lindahl, Planner I. PLEDGE OF ALLEG ANCE -- ROLL CALL H. APPROVAL OF AGENDA III. MINUTES • IV. PUBLIC HEARINGS A. JOYLAND by David Kraemer. Request for Zoning District Change from Rural to R1-13.5 on 2.76 acres and Preliminary Plat on 2.76 acres for three single family lots and road right-of-way. Location: 14506 Staring Lake Parkway. B. HUBER FUNERAL HOME by Miller Construction. Request for Zoning Code Amendment amending Chapter 11 adding Funeral Homes to the list of permitted uses in the I-2 Park Zoning District, Zoning District Amendment in the I-2 Park Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres for the construction of a funeral home. Location: County Road 4 and Cadillac Drive. V. MEMBERS' REPORTS VI. CONTINUING BUSINESS VII. NEW BUSINESS A. 1994 Liquor License Referendum VIII. PLANNERS' REPORTS • IX. ADJOURNMENT