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Planning Commission - 07/24/1989 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, July 24, 1989 7:30 p.m. COMMISSION MEMBERS: Chairperson Julianne Bye, Richard Anderson, Christine Dodge, Doug Fell , Robert Hallett, Charles Ruebling, Douglas Sandstad STAFF MEMBERS: Chris Enger, Director of Planning; Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Deb Edlund, Recording Secretary Pledge of Allegiance -- Roll Call I. APPROVAL OF AGENDA II. MEMBERS REPORTS III. MINUTES IV. DEVELOPMENT PROPOSALS *NOTE: THE TIMES LISTED BELOW ARE TENTATIVE, AND MAY BE SIGNIFICANTLY EARLIER, OR LATER THAN LISTED. • (7:35) A. EDEN PRAIRIE FUNERAL HOME, by Marcus Corporation. Request for Guide Plan Amendment from Low Density Residential to Community Commercial on 0.95 acres, Zoning District Change from RM-2.5 to Community Commercial on 0.95 acres with variances to be reviewed by the Board of Appeals, Site Plan Review, and Preliminary Plat of 0.95 acres into 1 lot for the construction of a funeral home. Location: Southwest corner of Terrey Pine Drive and County Road #4. A continued public hearing. (8:20) B. EDEN PRAIRIE ASSEMBLY OF GOD TEMPORARY USE BUILDINGS, by Eden Prairie Assembly of God. Request for Site Plan Review within the Public Zoning District on 10 acres with variances to be reviewed by the Board of Appeals for construction of modular classroom units to be added to the Eden Prairie Assembly of God church. Location: 16591 Duck Lake Trail . A public hearing. (9:05) C. STARRING HIGHLANDS, by Cliff and Mary Anderson. Request for Preliminary Plat of 2.17 acres into 3 single family lots with a front yard setback variance to be reviewed by the Board of Appeals. Location: Northwest corner of Ridge Road and East Starring Lane. A public hearing. (9:15) D. CRESTWOOD '89, by Alex Dorenkemper. Request for Zoning District Change from Rural to R1-22 on 2.17 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 2.17 acres into 2 single family lots. Location: North of Dell Drive. A public hearing. AGENDA EDEN PRAIRIE PLANNING COMMISSION July 24, 1989 V. OLD BUSINESS VI. NEW BUSINESS A. A to Z Rental - Request for Determination Regarding Site Plan Review Process. Are the changes to the approved expansion plans for the use substantial enough to require review through the public Site Plan Review Process, or insignificant enough to be reviewed administratively? Location: Southwest quadrant of Valley View Road and Plaza Drive. VII. PLANNER'S REPORT VIII. ADJOURNMENT • • PLANNING COMMISSION UNAPPROVED MINUTES MONDAY, JULY 24, 1989 71130 VM CITY HALL COUNCIL CHAMBERB 7600 EXecutive Drive COMMISSION MEMBERS PRESENT: Chairperson Julianne Bye, Richard Anderson, Christine Dodge, Charles Ruebling, Doug Sandstad COMMISSION MEMBERS ABSENT: Robert Hallett, Doug Fell STAFF MEMBERS : Michael Franzen, Senior Planner; Don cram, Assistant Planner; Deb Edlund, Recording Secretary PLEDGE OF ALLEGIANCE I . APPROVAL OF AGENDA MOTION` Ruebling moved, seconded by Dodge to approve the Agenda as published. Motion carried 4-0. . II . MEMBERS REPORTS III . MINUTES MOTION: Anderson moved, seconded by Sandstad to approve the Minutes of the Planning Commission meeting held June 26, 1989 as published and amended . CORRECTION: Add Doug Sandstad to the Members Present. Motion carried 4-1. Ruebling abstained. IV. DEVELOPMENT PROPOSALS A. EDEN PRAIRIE FUNERAL HOME, by Marcus Corporation. Request for Guide Plan Amendment from Low Density Residential to Community Commercial on 0.95 acres, Zoning District Change from RM-2 . 5 to Community Commercial on 0 .95 acres with variances to be reviewed by the Board of Appeals, Site Plan Review, and Preliminary Plat of 0 .95 acres into 1 lot for the construction of a funeral home , Location: southwest corner of Terrey Pike Drive and county Road 44 . A continued public hearing, Uram reported that the primary issue was the request for a Planning Commission Minutes 2 July 24, 1989 • Comprehensive Guide Plan Change from Low Density Residential to Community Commercial and if Community Commercial was the appropriate guide plan designation. . Mark Senn, representing the proponent, presented the plan for the renovation of the existing home with the addition of a funeral home . The owners of the funeral home would live in the existing house. The lower level of the funeral home addition would be utilized as the working area of the facility while the upper level of the addition would be used for the display area and small chapel. Senn stated that the site plan was designed to take advantage of the existing topography. All setback and parking requirements had been met . A traffic study had been completed and two neighborhood meetings held . Senn believed that the project would provide a good transitional use between residential and commercial . The seating capacity of the chapel would be 100 . Senn believed that the funeral home would primarily service the Eden Prairie area. The services would typically be held in churches and; therefore, did not believe there would be a traffic problem created by processions . Based on input from the neighborhood meetings, he believed that the funeral home use would be preferred to additional multiple-family in the area and felt that the project • would not have a negative impact on the neighborhood . Based on the concerns voiced by Elim Shores, a sight line study had been done . Senn stated that the landscaping planned for the view from the lst and 2nd floor would be well screened and only 5 units on the 3rd flour would be able to view the roof of the facility. Senn noted that a row of mature trees was currently in place. The exterior architecture would be a cross between residential and commercial, with the exterior of the home being renovated and the new structure consisting of brick and glass . Uram reported that the proponent and Staff and worked on the project for over a year . He added that from a technical standpoint the project would work on this site as proposed. A variance request would be required for lot width and depth. Revisions had been made to the landscape plan to screen the view from Elim Shores. Uram proposed two questions for the Planning Commission's consideration: 1. What effect world the project have on the adjoining properties? 2. Is this use better than the current designation and if the funeral home were to fail what would happen to the site? Uram stated that because the site was small it, would be difficult to buffer another commercial use from the residential area. Planning Commission Minutes 3 July 24, 1989 • Anderson believed that the funeral home would be a Regional Commercial use . Uram replied that a Regional Commercial use would require more property. He added that Community Commercial would be used mainly by Eden Prairie residents . Anderson believed that the people attending the funerals would be from a regional area. Uram stated Staff had taken into consideration that the funeral home would be small . Bill Myers., President of Eli-ft rthores, stated that he opposed the change in the Comprehensive Guide Plan. He added that he respected the developer and owners needs; however, he was concerned about the ramifications to the Elim Shores project. Myers was opposed to the zoning change because of the hardship it would place on the marketing for Elim Shores . Elim Shores had spent a considerable amount of time to determine the perfect location for its project and at the time their project was presented the adjacent property had been zoned residential . He believed that a change from residential would be detrimental . Myers stated that Eden Prairie had identified a need for senior housing. Myers added that because of the sensitivity of the issue, Elim Shores had not told those on the waiting list that the funeral home was being proposed. . Nancy Soman, marketing director for Elim Shores, stated that there were those who did not want to be constantly reminded of death and dying. She believed that a lot of traffic would be generated by the funeral home and the traffic would be at all hours . Soman noted that there was a State Law which dealt with the construction of funeral homes next to senior housing. Bye commented that the Planning commission would look at the type of zoning being presented. Bye noted that the City was only guaranteed that the Elim Shores facility would be used for senior housing for 16 years . Helen Anderson, 1011 Feltl Court, Hopkins, stated that she and her husband had signed up to live at Elim Shores and were concerned about the location of the funeral home . She had done research on the subject and believed that a busy intersection, such as Highway 5 and County Road 4, would not be an appropriate location for a funeral home . Anderson questioned if there was a need for a funeral home in Eden Prairie at this time. She believed that Eden Prairie was being well serviced by funeral homes in neighboring communities . Anderson said that she had chosen Elim Shores because of the positive attitude of the owners and was concerned about the residents of Elmer • Shores viewing the operation of the funeral home on a daily basis. Anderson believed that the City had a commitment to assure Elim Shores 's success . Planning Commission Minutes 4 July 24, 1989 • �acol is g i k5on, @057 Timber tiahe D£ivof =a5h@d what other types of businesses could utilize the facility if the funeral home was not a success . Uram replied that the use could be either retail, such as a flower shop, or office. Uram added that funeral homes typically did not revert to other uses . Jan Egge, 7912 Timber Lake Drive_,. stated that she supported the philosophy of Elim Shores . she believed that other uses which could take advantage of the lake would be better alternatives . Egge further believed that the funeral home being so close to the senior housing would create an emotional hardship for the elderly. Carolyn Anderson, 17065 W, 78th Street, stated that as owner of the estate, she had tried to rent the home unsuccessfully and had theta contacted the developer to come up with a use for the property which would allow the homestead site to be preserved and yet develop a compatible use with adjacent properties . Anderson stated she had listened to comments about how the development of her property would be detrimental to Elim Shores; however, she believed that Elim Shores had been detrimental to her single-family residential use . Anderson believed that the mortuary use would be provide a good transitional land use . Anderson stated that by keeping the original home as part of the funeral home, she believed it would give the homestead the dignity it deserved . Jeff Heller, 5424 Benton AVenUe, Edinat Btated that he and his wife Jane had desired to operate a funeral home business in Eden Prairie since 1987 . Hellen believed the proposed site to be an appropriate location for this business . He noted that approximately 74 deaths occurred in Eden Prairie each year and that the funeral service business was going outside of Eden Prairie. Hellen believed that it was inconvenient for the residents to have to go outside the community for this type of service. The proposed location would be centrally located for the residents and churches in the area. Hellen pointed out that typically funeral homes were located in or adjacent to residential areas. Hellen presented that Planning Commission with letters which supported having funeral homes next to senior citizen complexes and gave several examples throughout the Twin Cities where funeral homes currently were adjacent to senior housing projects . He believed that the location provided the necessary visibility to residents; however, it was not overstated. Hellen stated that he planned to provide a personalized business with a family operation concept and encouraged the senior residents to interact with the funeral home . • Richard obershaw, 312 Ridge Point Medical Building, Burnsville, stated that the was employed as a grief Planning Commission Minutes 5 July 24, 1989 • counselor. He believed that the funeral home would affect the elderly in a positive manner and would allow them to be close to their support structure during their time of need. Obershaw noted that a great fear of the elderly was that of falling and found the close walking distance to be another positive aspect to the proposed location. John Huber, Excelsior, stated that he had operated a funeral home in Excelsior since 1950 . The funeral home was adjacent to multiple-family and. a ,senior citizen center and that all the businesses were successful . NOT T Dial Sandstad moved, seconded by Anderson to close the public hearing . Bye asked the commission to first consider if the Comprehensive Guide Plan Change was appropriate . Anderson stated that the Planning Commission was not responsible to guarantee profitability to Elim Shores or the funeral home . Anderson believed that there were many other locations in Eden Prairie which might be more appropriate for this type of land use. Anderson believed • the crucial issue to be whether this was, a Community Commercial use or a Regional Commercial use and he supported the theory that this would be Regional Commercial use. He believed that much of the traffic from surrounding areas would be corning straight from work and; therefore, would create a potential traffic problem during the peak hours . Sandstad believed that this was not a good land use for this site because of the present zoning. Sandstad concurred with Commissioner Anderson that the use was not Just community based. Anderson stated that there was a need for a funeral home; however, questioned this site because of the potential traffic problems . Ruebling stated that the size of the property was small and had several types of land uses adjacent to it making appropriate transitions difficult. He also concurred with Commissioner Anderson that the funeral home use would be more Regional Commercial than Community Commercial. Ruebling believed that there could be negative affects to the location. Ruebling was concerned about the City's stake in the success of Elim Shores . • Dodge concurred that the funeral home would not be appropriate Community Commercial use . She: did not personally take offense with the location next to the Planning Commission Minutes 6 July 24, 1989 • 5 ni r citinn housing and did riot btlity@ that necessarily all senior citizens would be upset with the location. Bye stated that funeral homes were needed in a community; however, she had difficulty with a Community Commercial zoning. Bye understood Mrs . Anderson's comment about El im Shores making it difficult to market her property and added that other small Infill projects also had the same difficulty. MOTION 2 Sandstad moved, seconded by Anderson to recommend to the City Council denial of the request of Marcus Corporation for Guide Plan Amendment from Low Density Residential to Community Commercial on 0 .95 acres for construction of a funeral home based on the following findings : 1 . Use not appropriate for Community Commercial. 2. Site inadequately buffered. 3 . Traffic . AMENDMENT TO THE MOTION: • Ruebling moved, seconded by Anderson to add the following finding to the previous list. 4 . Potential negative affect on surrounding properties. Motion carried 3-2, with Dodge and Bye voting "NO" because they did not believe that there would be a negative effect on the surrounding properties. Further, that the additional requests of Marcus Corporation for Zoning District Change from RM-2 .5 and Community Commercial on 0 .95 acres with variances to be reviewed by the Board of Appeals, Site Plan Review, and Preliminary Plat of 0 .95 acres into one lot for the construction of a funeral home, be denied. Motion carried 5-0-0 . Uram noted that this item had been placed on the August 1, 1989 City Council agenda. B. EDEN PRAIRIE ASSEMBLY OF GOD TEMPORARY USE BUILDINGS,, by Eden Prairie Assembly of God. Request for Site Plan Review within the Public Zoning District on 10 acres with variances to be reviewed by the Board of Appeals for construction of modular classroom units to be added to the Eden Prairie Assembly of God church. Location: 16591 Planning commission Minutes 7 July 24, 1909 Duck Lahr Trail . A public hearing. Dodge left the meeting at 9 :00 PM, Terry Morris, representing the church, stated that the plan was to use five temporary trailers for office and classroom use for approximately two years . The church was currently looking for property to build a new facility. Morris noted that three Sunday morning services were currently being held to service the members. He said that fencing, berming, and trees would be utilized to screen the trailers . Uram reported that the key issue was the temporary use. A variance would be required. Extensive berming and screening would be necessary. Uram presented the following criteria which had been used on previously approved temporary uses ; 1. A building expansion underway, which there was. not. 2. The trailers would not be visible, which they would be . 3. The use was for only 1 year, the proposal was for 2 years . Uram stated that once the trailers were in place and variances granted, the City would have a difficult time having them removed. He recommended that if the Planning Commission believed that approval should be granted that after one year, the proponent be required to return to the Planning Commission to show progress and request an extension of another year. Ruebling asked Uram why it would not be difficult to remove the trailers after one year . dram replied that it would be difficult at any time; however, if a building expansion were underway the proponent would remove them. Anderson recommended denial of the proposal based on the Staff recommendations . Dave Ziegler, 16729 Baywood Terrace South, had presented a letter to the City stating his objection and concurred with Commissioner Anderson that the project should be denied. Dave Brekke, 16460 Baywood Lane, stated that he had had problems dealing with the Church on several matters . He said that he had moved to Eden Prairie because of the nice parks and recreation program and did not want to have trailers in his back yard. Brekke did not believe that the property was well taken care of currently and was also Planning Commission Minutes 8 July 24, 1989 corto6rned about traffic and parking i5 a@5 : nr@kk@ not@d that many of the members were parking on Duck Labe Trail now. He questioned what would happen if the Church sold the property. Brekke stated that the Church had not held up to past promises to the neighbors . Bye asked Staff what would happen if the property were sold . Uram replied that the property was zoned Public currently; however, if another use were proposed the neighbors within 300 feet would be notified of the public hearings . Greg Ptacin, 16391 South Manor Road, concurred with Staff that once the trailers were in place it would be difficult to have them removed. Doug Marston, 16650 Baywood Lane, believed that the Church would better benefit from long-term planning rather than this temporary solution. Chuck Wilcox, 16427 South Manor Road, supported that previous comments of his neighbors. MOTION 1 • • Sandstad moved, seconded by Ruebling to close the public hearing. Motion carried 4-0-0 . MOTION 2• Sandstad moved, seconded by Ruebling to recommend to the City Council denial of the request of Eden Prairie Assembly of God for Site Plan Review within the Public District for construction of modular classroom units to be added to the church facilities, with variances to be reviewed by the Board of Appeals, based on plans dated July 17, 1989, subject to the recommendations of the Staff Report dated July 21, 1989 . Sandstad believed that if the plan had met the criteria of the other three previously approved projects it would have been acceptable. Anderson asked if a berm was part of are improved plate why it had not been enforced. Uram replied that the original project was approved in 1979 and he was not personally aware of any complaints . Motion carried 4-0-0 . C. STARRING HIGHLANDS, by Cliff and Mary Anderson. Request . for Preliminary Plat of 2 .17 acres into 3 single family lots with a front yard setback variance to be reviewed by the Board of Appeals. Location: Northwest corner of Planning Commission Minutes 9 July 24, 1989 Ridge Road and East Starring Lane . A public hearing. Bob Smith, representing the proponent, presented the plans to ;split the 2 .1 acres into 8 lots . Drain fields would be constructed and a variance would be requested for the existing home . The grading slope would be adjusted to a 8-to-1 slope prior to City Council review. Franzen reported that Staff recommended approval of the project based on the Staff Report dated July 21, 1989 . Ruebling asked if the drainage easement would be permanent or temporary. MOTION 1• Anderson moved, seconded by Sandstad to close the public hearing. Motion carried 4-0-0. MOTION 2: Anderson moved, seconded by Sandstad to recommend to the City Council approval of the request of Cliff and Mary Anderson for Preliminary Plat of 2 .17 acres into three single family lots, with front yard setback variance to be reviewed by the Board of Appeals, to be known as Starring Highlands, based on plans dated July 21, 1989, subject to the recommendations of the Staff Report dated July 21, 1989 . Motion 4-0-0. D. CRESTWOOD c89, by Alex Dorenkemper . Request for zoning District Change from Rural to R1-22 on 2.17 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 2.17 acres into 2 single family lots , Location: North of Dell Drive. A public hearing. Alex Dorenkemper stated that he concurred with all of the Staff recommendations . Franzen reported that Staff recommended approval of the project based on the recommendations outlined in the July 21, 1989 Staff Report. MOTION 1• Sandstad moved, seconded by Anderson to close the public hearing. Motion carried 4-0-0 . MOTION 2` • Sandstad !(owed, seconded by Anderson to recommend to the City council approval of the request of Alex Dorenketsipe for Zoning D i s.tr i ct Change from Rural to R1-22 on 2 .17 acres, with variances to be reviewed by the Board of Planning Commission Minutes 10 July 24, 1989 dated July 11, 1989, subject to the recommendations of the Staff Report dated July 21, 1989 . Motion carried 4-0-0 . MOTION 3 : Sandstad moved, seconded by Anderson to recommend to the City Council approval of the request of Alex Dorenkemper for Preliminary Plat of 2 .17 acres into two single family lots, to be known as Crestwood 189, based on plans dated July 11, 1989, subject to the recommendations of the Staff Report dated July 21, 1989 . Motion carried 4-0-0 . V. OLD BUSINESS VI . NEW BUSINESS A. A to Z Rental - Request for Determination Regarding Site Plan Review Process . Are the changes to the approved expansion plans for the use substantial enough to require review through the public Site Plan Review Process, or insignificant enough to be reviewed administratively? Location: Southwest quadrant of Valley View Road and Plaza Drive . • Uram reported that the proponent was asking the Planning Commission to determine if the proposed changes were minor in nature and should be handled on an administrative level or if the changes were significant enough to require a Site Plats Review. The building square footage would use increased by approximately 4,000 square feet, the Base Area Ratio increase was insignificant; however, the Floor Area Ratio would increase approximately 696. The parking spaces were to be increased by 8 to 10 . Staff was concerned about the screening being proposed from Valley View Road and the proposed increase in the amount of outside storage . Roman Roos, representing the proponent, stated that A to Z Rental had entered into Phase I of the project with Phases II and III being conceptual in nature. The elevation of the building would remain the same . Access would be created at the rear of the facility and the loading docks would be modified . Roos stated that the outside storage would be minimal and believed that the proposed cedar fence would be adequate . Sandstad asked where the additional 10 parking spaces would be located. Roos stated that adequate space would be available to provide additional parking. Bye asked Staff if outside storage had been proposed as part of the original plan. Uram replied that it had not and that a variance would be required. Uram added that Planning Commission Minutes 11 July 24, 1989 ithe following variance would be necessary: 1. Outside storage . 2 . Outdoor loading dock . 3, Possible parking variance. Sandstad believed that a full review process was necessary. Roos stated that it was known from the beginning that this would be phased project and added that during the initial planning a tenant was not known for Phase II . Roos stated that it was important for the project to move along quickly to avoid the expense of winter construction coats . Ruebling .asked if the variances could be dealt with on an administrative level and if there was any way to enclose the loading dock . Roos replied that the outside loading dock was necessary because of the proposed use by two tenants . Ruebling believed that the design effort should be in place before building construction began. Roos emphasized that timing was important . Bye believed that the issues of outside storage and an • outside loading dock were precedent setting issues and should have the Planning Commission and City Council consideration. Roos stated that A to Z Rental had been allowed 10% outside storage previously. MOTION: Sandstad moved, seconded by Ruebling to recommend to the City Council that A to Z Rental be required to proceed through the Site Plan Review process, based on the relative significance of the proposed changer to the next phases of the site development. motion carried 4-0-0. VII . PLANNER' S REPORT VIII . ADJOURNMENT MOTION: Anderson moved, seconded by Sandstad to adjourn the meeting at 9 : 45 PM. Motion carried 4-0-0. •