Planning Commission - 02/10/1975 SORENSEN & SORENSEN
ATTORNEYS AT LAW
948 Cargill Buildin¢ — Northstar Center
110 South Seventh Street
MINNEAPOLIS, MINNESOTA 55402
Telephone. (612) 332-5519
Donald J. Sorensen
Harold J. Sorensen (Retired) January 29, 1975
Mr. Richard Putnam
Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Dick:
The following is the resolution on the council liaison matter which
the Planning Commission authorized and directed me to draft as an expression
of the unanimous opinion of our body on this issue:
IVHEREAS, the Planning Commission of the City of Eden Prairie has been
appraised that the City Council is currently considering the modification
and/or cessation of the council representative's membership, role and function
on the various advisory commissions of the City, and
WHEREAS, the Planning Commission is cognizant and appreciative of the
concerns of the City Council in this area, including the demands on the time
of the council liaison member, the possibility of conflict of roles inherent
in the dual function of the council member, and the possibility of excessive
influence on the commissions' deliberations and decisions arising out of
the council member's position, and
WHEREAS, the Planning Commission, while not depreciating the importance
of the various and sundry other matters the City of Eden Prairie must deal
with in order to fulfill its obligations to its citizens, strongly believes
that land use, and its attendant ramifications, is the most significant and
far reaching responsibility the City must address itself to,given the present
state of the City's development, the constant pressures for change which will
be continually experienced by the City in this area in the near term foresee-
able future, and the City's long standing commitment to the preservation of
its amenities and the creation of a viable and heterogeneous societal frame-
work, and
WHEREAS, the Planning Commission considers that the full membership and
participation of a councilperson in its deliberations and decisions is essential
to its functioning for the following, amongst other, reasons:
1.) To provide a fuller exchange of information regarding each body's
actions and reasonings than can be accomplished by a perusal of
Mr. Richard Putnam -2- January 29, 1975
each body's minutes. (Minutes by their nature are but resumes
and often are not a true representation of the depth or total-
lity of the items considered.)
2.) To promote consistency in-carrying out council determined
policies and to impart the Council viewpoint to Planning Com-
mission deliberations.
3.) To heighten understanding of each body's concerns and positions.
4.) To minimize applicant's anticipation of arbitrary or capricious
action by having a politically responsible person on the Plan-
ning Commission.
5.) To lend additional stature and credibility to Planning Commission
recommendations and decisions, which historically has contributed
to a minimal number of appeals or court challenges.
WHEREFORE, the Planning Commission of the City of Eden Prairie hereby
unanimously urges and recommends that the Mayor and City Council not alter
the concept of full membership and participation of a council person on the
Planning Commission, which has served the citizens of Eden Prairie so well
over the years."
As this issue is of immense concern to the planning commission, T
request that a copy of this letter be transmitted to the Mayor and council
persons in their next packet delivery as well as having the resolution in-
corporated in our minutes.
Yours very truly,
DJS/ddh
40
AGENDA
Eden Prairie Planning Commission
_ Monday February 10, 1975
7:30 PM City Hail
Invocation --- Pledge of Allegiance --- Roll Call
COMMISSION MEMBERS: Chairperson Don Sorensen, Norma Schee, Roger Boerger,
Dick Feerick, Herb Fosnocht, loan Meyers, Richard
Lynch
STAFF MEMBERS: Dick Putnam, Chris Enger, lean M. Egan
I. MINUTES OF THE TANUARY 27, 1975 PLANNING COMMISSION MEETING.
II. MEMBERS REPORTS.
A. Chairperson Sorensen,
1. Report on advisory commissions meeting with City attorney
B. Council Representative Meyers
C. Mr. Fosnocht
D. Mr. Boerger
E. Other Members
III. REPORTS AND RECOMMENDATIONS.
A. 4/5 Mini-Sector Study, discussion of commission members concerns.
Suggested Action: Modification of the recommendations of the 4/5 Study
Team's report as recommended by the Planning Commission. Draft of 4/5
Report changes to be presented to the City Council for February llth meeting.
B. Red Rock Hills PUD, discussion of a trailway system from Red Rock Road i
to major trail along east property line and to provide for unorganized field game space, :
Suggested Action: Recommend approval of the revised site plan dated 2-5-75
with the mini-park addition,or continue or deny.
C. Titus Inc. & Flying Cloud Land Company, proposal for commercial uses
on 7.8 acres located north of W. 78th Street and west of the new Eden
Prairie Ring Road in the MCA. Requesting rezoning from R1-22 to C-Hwy
and PUD 74-10. Presentation of staff report and suggested modifications. t
Suggested Action:Recommend approval, continue , or deny Cu nc;, . 1flo'1' 2S
D. Chestnut Phase III, by New Town Development, requesting development
phase approval and rezoning to permit medium density garden apartments:
Discussion of Brauer & Associates site plan report. "� ei R S-r6-- f
Suggested Action: Recommend that the City Council set a public hearing for
March 4, 1975, with the Planning Commission's recommended approval.or denial.
Or continue to the Planning Commissions Feb. 24th meeting.
t21,10 E. Ordinance 135 Changes, Consideration of Ordinance 135 changes to clearly
state what office uses are permitted in Industrial Park Districts. Discussion
of alternatives with report prepared for Feb. 24th meeting.
IV, PETITIONS AND REQUESTS.
A. Mitchell Lake Estates, mobile home park, located west of Mitchell Lake and
2 mile south of T.H. 5 . Requesting'rezoning from Rural to PUD 74-14 for
concept stage approval to permit approximately 360 mobile home units.
Presentation by developer of revised plan and presentation of staff report.
Suggested Action: Recommend that the City Council set a public hearing for
March 11, 1975 ard,continue to the Planning Commission's Feb. 24th meeting.
V. PLANNER'S REPORT, f
A. MCA Development Ordinance and PUD Ordinance as an amendment to Ord. 135. `
B. Community Development Act, discussion of eligible projects and current status.
C. F.A.U. projects for 1976 . Explanation of federal program and discussion of C
eligible projects.
D. Discussion of Planning Department priorities for 1975, F
VI, ADj'OURNMENT.
approved
MINUTES
EDEN PRAIRIE PLANNING COMMISSION
Monday, February 10, 1975 7:30 PM City Hall
MEMBERS PRESENT: Chairperson Don Sorensen, Herb Fosnocht, Joan Meyers,
Dick Feerick, Roger Boerger, Richard Lynch
MEMBERS ABSENT: Norma Schee
STAFF -, PRESENT: Dick Putnam , jean M. Egan
I. MINUTES OF THE JANUARY 2 7, 1975,PLANNING COMMISSION MINUTES.
P. 1, II. ,P.4 C, 4th 8 should read . . . and that all the building. . .
III. , reworded recommended action should read-
The Planning and Zoning Commission of the City of Eden Prairie
authorizes the Planning Commission representative to speak
for and act on the behalf of the full Planning and Zoning Commission
concerning appeals or petitions before the Board of Appeals'and
Adjustment. The representative may . . . .
P.2 , Motion: should read - . . . on the agenda unless all necessary documents ,
proposals, and reports are delivered to the Planning Commission members
at least 9 days prior to the meeting, said restriction_ may be waived after
a majority vote.
A.3. , Report Format, Ist sentence should read. : systematically and a
summary at the beginning of -long - reports and a check list would be
added for each report.
B. I . , last sentence should be omitted and replaced with - The Commission
authorized Mr. Sorensen to drafta resolution expressing their concerns and
position.It was unanimously carried. The secretary was then directed to
include the resolution in the January 27, 1975 mLnutes.
P.3,7th B. , should read-The planner sa id the upgrading of 5 & 4 could defer the
construction of 212 , but- that the status of'212 is indefinite.
I1th F. , should read - . . . may change in the future.
P. 6, 2nd P. , should read- of proposed insulation, lack of signage program,
drainage . . .
last P. , should read-Frank Cardarelle'
P.8; B. , 5th P, should read . . . 3 future building site.s will .
P.9, Vote on Motion , should read , . . the lack of detail provided . . .
II. MEMBERS REPORTS .
A. Chairperson Sorensen.
1 . Report on advisory commissions meeting with City attorney.
Mr. Sorensen suggested that advisory commissions and boards meet with the
City attorney, and possibly the Council, for explanation of the commissions'
and boards' functions, duties, powers and liabilities.
Meyers mentioned that the attorney has stressed the necessity of minutes and
actions to clearly explain the concerns and positions taken.
Sorensen .suggested the commission members submit their concerns to the staff
and if ample concerns are submitted a meeting could be sc4eduled with the attorney.
The planner suggested members -could also meet individuall'y with the attorney
or staff to have questions answered.
planning Commission Minutes -2- Feb. 10, 1975
.approved
B. Council Representative Meyers .
. 1 . Meyers reported that the Council liaison matter would be discussed at the Council's
March 4, 1975 meeting.
2 . Meyers informed the commission the Council is considering procedures for the
MCA Development Ordinance and will be discussing it at a future meeting.
C. Mr. Fosnocht.
Fosnr,c,.ht reported that the information for the Hennepin County Transportation 'Sys-
tem-Study is being rewritten ; and will be distributed to the commission when
available.
D. Mr. Boerger.
Sorensen annouced that he had appointed Boerger and Fosnonht to work on a
format for reports and a checklist with the staff.
III. REPORTS AND RECOMMENDATIONS.
A. 4/5 Mini-Sector Study, discussion of commission members concerns.
i
Meyers commented on retaining the gas station in the southwest
corner,because of its character, as a nonconforming use and not
recommend that it be rezoned.
Motion # 1
Sorensen moved, Fosnocht seconded, that the Planning Commission
recommend to the City Council retention of the gas station in the south-
west corner because of its character as a nonconforming use with
restrictions applicable to such a use, and not as a rezoning. The motion
carried unanimously.
Fosnocht t.sked if the proposed land use of highway commercial on page 51
included•only= the gas station property. The planner replied that it did.
Motion # 2
Meyers moved, Lynch seconded, to recommend approval of the access
to the 18 acre parcel in the northeast corner with the restrictions on
development listed on pages 44-46 of the report until access improve-
ments are in place including the realignment of Fuller Road.
Discussion
Fosnocht questioned if a time:frame should be included. Meyers responded
that the Council would decide on ordering such improvements. Fosnocht
expressed the conce:nthat because of thelarge number of landowners in the
northeast corner : ' lack of agreement on a development plan and related
assessments may prevent_development from occurring for a significant number of
Admendment # 1 years.
Meyers moved to amend the motion to read " except for signalization "
after the words - access improvements - in Motion # 2 It was seconded
• by Feerick.
Planning Commission Minutes -3- Feb. 10, 1975
approved
• Discussion
Lynch felt any development along Highway 5 without some signalization will
increase the existing traffic problem. Meyers believed that too many signals
along Highway 5 , especially near the railroad bridge because of the ; �-
grade, visibility, speed limit, etc. , would cause -greater . traffic problems.
Admendment # 2
Lynch moved, Feerick seconded, to strongly recommend that signalization
take place as soon as possible and coincidental with development.
Vote :
Motion # 2 and Amendments 1 & 2 carried unanimously.
For discussion, Meyers suggested the 9 acre neighborhood commercial
site be changed to institutional and/or office as;the neighborhood
commercial is unsuitable as the site location functions per the definition
of community commercial on page 43, it is isolated by high volume roadways
from residential neighborhoods intended for service and is disconnnected
from the clustered community center concept , and that buffering from
the existing single family houses as the main reason given for
eliminating optional sites for neighborhood commercial consideration
• is unacceptable since thorough ' evaluation has not been documented.
Sorensen then suggested the commission vote on retaining the proposed
land use of neighborhood commercial in the northwest corner and asked
for a roll call .
Roll Call- On retaining neighborhood commercial at the northwest corner.
Lynch nay
Boerger nay
Sorensen nay
Meyers nay
Feerick nay
Fosnocht nay
Sorensen then asked for the commission's veiw on'alternate land uses for
the 9 acre site. Lynch and Feerick felt institutional and /or office would
be acceptable
• Sorensen asked if institutional and office would have different traffic
situations and requirements. The planner said there would be different
situations and requirements for each.
Planning Commission Minutes -4- Feb. 10, 1975
iapproved
• Fosnocht preferred an institutional/office use because it would be more
consistent with the adjoining tracts.
Motion # 3
Fosnocht moved, Boerger seconded, to recommend the proposed land use
for the 9 acre parcel in the northwest corner be institutionaP/office.
The motion carried unanimously.
Discussion followed on alternate sites for neighborhood commercial, i.e. ,
somewhere north of the study teams proposed site, north of the study
boundary, etc. The members concurred that a need for neighborhood
commercial exits and suggested the staff be authorized to study the need.
Motion # 4
Sorensen moved, Meyers seconded, that the Planning Commission recognizes
the need for neighborhood commercial and/or convenience center facilities
in the surrounding environs of the 4/5 Study Area and recommends to the
City Council that it authorize and direct the staff to prepare a report
on possible sites for such activities. The motion carried unanimously.
Sorensen opened for discussion a concern previously voiced regarding
building setbacks along T.H. 5 being altered or amended to enable
Omprovement of T.H. 5 without takings occurring. Lynch asked how such
setbacks could be accomplished. Sorensen responded that it could be
accomplished through an ordinance,
Motion # 5
Sorensen moved, Fosnocht seconded, that the Planning Commission recommend
that the City Council establish building and improvement setbacks along
T.H. 5 to the extent determined necessary by the City engineering staff
to permit improvements to T.H. 5 without encroachment on improvements or
buildings. The motion carried unanimously.
Sorensen expressed a concern over the ., language referring to existing
residential in the southeast quadrant and suggested specific language be
included to insure that the existing residential uses will not be encroached
upon.
Sorensen also suggested that alternate access to the north or northeast
be provided for the 18 acre parcel in the northeast quadrant
Motion # 6
Sorensen moved, Lynch seconded , that the Planning Commission recommend
that the City Council receive and approve the 4/5 Mini-Sector Report along
with the recommendations passed at the Planning Commission's Feb. 10, 1975
•meeting. The motion carried unanimously. .
Planning Commission Minutes -5- Feb. 10, 1975
approved
B. Red Rock Hills PUD, discussion of a trai.way system from Red Rock Road
• to major trail along east property line, and to provide for an unorganized
field game space.
The planner reported the Council has suggested a small play area be located
near the pond for informal game space area. He said the staff supports
Recommendation # 2 in the 2-6-75 staff report.
Sorensen ask WedsIf the park near the lake would be more usable if the triangular
shaped area was modified. Mr. Griswold replied that the lots could be rounded
.in order to make the park area more usable.
Sorensen asked how the boundaries of the lots along the-lake were determined.
The planner said the dimensions shown will be field staked by the staff during
the final platting stage.
Sorensen asked why the 2 lots on the northern most cul-de-sac varied so in
size. Mr. Griswold responded that the lot configurations are due to the already
present service stubs.
Sorensen questioned if the small pond would present a danger to small children.
The Planner felt the pond should be tapered and meet the City engineering
requirements.
• Meyers inquired about the lot square footages . Griswold felt that the lots are
well above the 13.5 requirements.
Sorensen asked if the revised plat contained any more or less lots under 13. 5
than the previous submission. Griswold did not feel any more lots
were included.
Motion:
Fosnocht moved, Boerger seconded, to recommend approval of the preliminary
plat with the revisions listed in the updated staff report ( 2-6-75 ) and the
recommendations in the action taken at the 1-13-75 Planning Commission meeting.
Amendments
Sorensen offered the following amendments -
1 . that the lot lines of the lots approaching the lake be determined
by field'staking with the staff, and
2 . that the lots adjacent and/or on either side of the park dedication
going down to the lake be squared off thereby enlarging
the usablearea of the parkland, and
3 . that the contours of the small sedimentation pond in the middle be
constructed in such a manner to have shallow increasing depth.
• The amendments were acceptable to Fosnocht and Boerger. The motion and
amendments were unanimously approved.
Planning Commission Minutes -6- Feb. 10, 1975
;approved
• C. Titus Inc. & Flying Cloud Land Company, proposal for commercial uses
on 7.8 acres located north of W. 78th Street and west of the new Eden
Prairie Ring Road in the MCA. Requesting rezoning from R1-22 to C-Hwy
and PUD 74-10. Presentation of staff report and suggested modifications.
The planner informed the commission that the Church House and Ground
Committee would not be considering the Titus proposal for about 2 weeks .
He then briefed the commission on the possible alternate accesses and
traffic generation depending on the land use mixture.
Sorensen asked if future traffic problems could arise on the Ring Road as the
surrounding land develops . The planner responded that full development
of the area with different modes of transportation will not over-burden the
Ring Road.
Meyers asked how the church felt about the proposed road bisecting their property.
The planner replied that Tim Brown stated the church feels that bisection of
their property would be unacceptable.
The planner felt that a diagi.onal road would be detrimental to all properties
and suggested a road be built tsomehwere in the proposed location to serve
• the site and extended to Leona Road in the future if necessary. He added
that the single family property owners may have difficulty marketing their
properties in the future if no access is provided.
Lynch said he did not feel the homeowners have a present interest in marketing
their properties . The planner said during the MCA hearings the residents seemed
to realize the value of their properties and possible future development.
Meyers said she was convinced of the need for a second access for the 30
acre area and suggested a curving road to border the church's eastern property
line. The planner felt it would be unadvisable to have an . oblique. intersection
and a curved road. because it would result in odd shaped parcels and suggested
the use of 2 short access roads into the Titus proposal both of which could be
extended if necessary. Easterly road connections were then discussed by the
commission.
Fosnocht asked why a straight road along the church's eastern boundary had not
been considered. The planner responded that such a road would not align with
the Homart entrance or produce easily developable lots.
The planner then proceeded through the staff report and explained that parking
was _ more than adequate, the site plan should be redesi. .. ed io preserve
the existing trees and to improve the image of the development.
•
Planning Commission Minutes -7- Feb. 10, 197:5
•approved
• Sorensen expressed the concern that injury is possible to individuals when.
there is right angle parking to free standing commercial buildings if no
barriers are installed to prevent cars from being unintentionally driven into
a building.
Lynch emphasized the need for adequate landscaping and berming between
Titus and the single familyarea .
Mr. Fredrickson , of Titus Inc. ,- stated that the most important concern is
where the road will be located.
Mr. Frank Reese doubted that the City would pnrmit a curved road anal stated
that accidents increase when accesses do not align.
Sorensen asked the commission :
1 . If a second access was believed necessary-the commission agreed
a second access was necessary.
2. If the road should be an extension of the Homart entrance-the
commission felt such an alignment was the most desirable.
3. If they had concerns regarding the developable sizes of the
non Titus property to the north-Fosnocht said he add no
• strong feelings either way,and Sorensen said the parcel- sizes
were a concern to him.
Motion:
Sorensen moved, Boerger seconded, to recommend _Rec. .#:d& 2.ohth:e 2-3-75 report
with # 2 amended to read March 25th . The motion carried unanimously.
D. Chestnut Phase III ,by New Town Development, requesting development
phase approval and rezoning to permit medium density garden apartments.
Discussion of Brauer & Associates site plan report.
The planner said he concurred with the concerns outlined in the Brauer staff
report.
Sorensen questioned Doug Johnson's statement regarding the number of
approved units . The planner responded that staff reports mention an overall
number of units of 605, and the PUD approval .states no more than 10units/acre.
Mr. Johnson said he could redesign the access, shape of the pond,and the
buildings as suggested in the Brauer staff report.
Sorensen asked Mr. Bolten, from Brauers, if he was supplied witha;grading
• plan. Mr. Bolt8n , replied that he did not receive grading or planting plans%
Planning Commission Minutes -8- Feb. 10, 1975
iapproved
• Mr. Frank Cardarelle said the site plan could be redesigned to address the
concerns of the report and they would submit a grading plan.
Sorensen asked Mr. Johnson if the submission was the type of building
and number of units he desired. Johnson replied affirmative.
Motion:
Sorensen moved, Fosnocht seconded, to refer the proposal to the Park &
Recreation Commission and staff for reports and evaluation. The motion
carried unanimously.
E. Ordinance 135 Changes, consideration of Ordinance 135 changes to clearly
state what office uses are permitted in Industrial Park Districts.
Not covered.
IV. PETITIONS AND REQUE STS.
A. Mitchell Lake Estates, mobile home park, located west of Mitchell Lake and
i mile south of T.H. 5 Requesting rezoning from Rural to PUD 74-14 for
concept stage approval to permit approximately 360 mobile_ home units. .
The planner reported that the new proposal is a grid type of plan with more
• grading and filling,and segregation of the single and double wide units..
Fosnocht asked why the proposal was changed. Mr. Bolten said it was
changed by the client's request.
Discussion followed regarding mobile homes as a temporary use and possible
sewer service in the area.
Boerger asked if the developer would provide low income housing Bolten
said it would have to be discussed with the developer.
Lynch asked why the item was again before the commission since it had been
postponed due to lack of an ordinance. Sorensen said the proposal could be
resolved through evaluation by -other items such as the Metropolitan Council
Development Guide. The planner added that the City can also evaluate the
proposal on the City's policy on development in unsewered areas.
Motion
Lynch moved, Fosnocht seconded, to refer the item to the staff for a report.
The motion carried unanimously.
The commission members then discussed the possibility of placing ;he Planrgs
• Report after Member's Reports on the agenda, and how to handle agenda items
in an attempt to shorten the meeting time.
Planning Commission Minutes -9- Feb. 10, 1975
.approved
V. Pi ANNER'S REPORT
A. MCA Development Ordinance and PUD Ordinance as an amendment to Ord. 135 °
The planner said it had been presented to the Council.
B. Community Development Act, discussion of eligible projects and current status .
The planner said the City may be receiving $ 16,000-20,000 and mentioned
projects that the money could be used for. He stated that a public hearing
has been scheduled for Feb. 25th before the Council.
C. F'.A U. projects for 1976 . Explanation of federal program and discussion of
eligible projects.
The planner said the Federal Aid to Urban communities may be used to improve
such roads , as T.H. 5, 169, Crosstown Bridge, bikeway systems, etc.
D. Discussion of Planning Department priorities for 1975.
Not covered.
VI. ADJOURNMENT.
Lynch moved, Feerick seconded, to adjourn at 12 : 45 PM
• Respectively Submitted
Jean M. Egan, Secretary
•