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Planning Commission - 08/11/1975 AGENDA Eden Prairie Planning Commission Monday, August 11 , 1975 7:30 PM City Hall Invocation --- Pledge of Allegiance --- Roll Call COMMISSION MEMBERS: Chairperson Don Sorensen, Joan Meyers, Norma Schee, Richard Lynch, Richard Feerick, Herb Fosnocht,Roger Boerger STAFF MEMBERS: Dick Putnam, Chris Enger, Jean Egan I. MINUTES OF THE PLANNING COMMISSION JULY 28, 1975 MEETING, II. MEMBER'S REPORT. A. Chairperson Don. Sorensen B. Council Representative Meyers C. Fosnocht & Boerger D. Others III. REPORTS AND RECOMMENDATIONS. A. Flying Cloud Airport Study, discussion of staff report. M.A. C.representa-. tives will be available to answer questions regarding the proposed airport expansion. B. 169/Mini-Sector Study, presentation of Brauer & Associate's report and discussion of alternatives. �C'. Celebrity Forum , Inc. , request for PUD Concept Plan and rezoning to Reg- Service for a 3 ,500 seat center stage theatre on approximately 15 acres. The site is within the MCA & north of Minnesota Tree Office. D. Hustad Development Company, request for an office, industrial, and residen- tial PUD on a 26 acre parcel located south of U. S. 169, west of Creek Knoll Road, and north of Cc. Rd. 1 . IV. PETITIONS AND REQUESTS. A. Suburban National. Bank, request approval for an interim branch auto bark located on the, northwest parcel of the Homart Eden Prairie Center Addition, ( Lot 1 ) The site is adjacent to the Ring Road south of W. 78th Street. V. PLANNER'S REPORT. A. Comprehensive Guide Plan Update, discussion of consultant selection process and draft request proposal. B. 1976 Draft Planning Budget. C. Planned Study-Districts, discussion of alternative methods of dealing wilh PS problem. VI. ADJOURNMENT. MINUTES EDEN PRAIRIE PLANNING COMMISSION approved 7:30 PM City Hall Monday, August 11 , 1975 MEMBERS PRESENT: Chairperson Sorensen, Norma Schee, Lynch, Fosnocht, Joan Meyers , Dick Feerick MEMBERS ABSENT: Roger Boerger STAFF PRESENT: Roger Ulstad City Manager; Dick Putnam, Planning Director; Jean Egan Planning Secretary I. MINUTES OF THE JULY 28, 1975 PLANNING COMMISSION MEETING. P. 2, 4F, should read- 3, the freestanding building sites along . . . Motion:4, shall be agreed to in writting prior to final plat approval. 5. not be used as Class I & II restaurants as defined in the July 22 , 1975 staff report. P. 3 D. delete-" staff is of the opinion the " P. 4, 3 F, sp. of McDonalds, Poppin Fresh 9E? , rewrite paragraph to read - Feerick questioned the viability of the MCA under the present circum- stances. He believed the concept is good if it can be made to work. `Meyers felt the MCA Concept is not yet completely tested, and granting of regional uses outside of the MCA would mean the City would compro- mise its planning principles . The planner also felt the MCA. Concept is viable and development is occurring in the MCA. P. 6, 4 1P, should read . . . Creek Knoll Road and the 169/1 intersection. B. 2 P, should read . . . from 3 to 5 lots. P. 7, 2 P, should read . . 15 acres , and spelling of racquet Meyers moved, Schee seconded, to approve the minutes as published and corrected. The motion carried unanimously. TI. M EMBER'S REPORTS. A. Chairman Don Sorensen. No report. B. Council Representative Meyers. Meyers reported she conveyed the Commission's two concerns ( staging of the Ring Road and the public hearing policy ) to the Manager and they were placed on the Council's August 5 agenda under New Business but were not discussed. They will appear again on the next City Council agenda. C. Fosnocht & Boerger.. Moved to end of agenda. D. Others . Feerick's report on Growth Council meeting moved to end of agenda. approved Planning Commission Minutes -2- August 11 , 1975 k III. REPORTS AND RECOMMENDATIONS. • A. Flying Cloud Airport Study, discussion of staff report. M.A.C. representatives } will be available to answer questions regarding the proposed airport expansion. The planner introduced the -representatives from M.A. C. and the consultants � who were present to answer questions. Sorensen stated the article in'the paper that said the Commisssion has refused to meet with M.A.C. representatives was completely untrue and against - Commission`s policy and asked for an explanation. Mr. Bill S-chm-idt, MAC, replied he has informed the responsible reporter that the statement was I false and a retraction will be printed. 1 The planner was then asked to summarize the staff report. He reported the recommendations are retaining the airport as a General Utility Airport and ,the development of an operational plan for Flying Cloud Airport by the City , MAC, and the FAA. w Mr. Olson, MAC, said they areii€ agreement with the staff report. Mr. Schmidt stated they have compiled extensive noise readings and regret their findings cannot be discussed with. the late Dr. Bofenkamp. Sorensen inquired if the MACreadings weredone in relation to the 10% window • concept instead of the absolute level method as discussed by the City staff. Schmidt said the 10% window concept technique was used. Mrs. Russell,12101 Sunnybrook Road, `suggested time limits be placed on when nosier aircraft could use the airport Schmidt replied the airport. commission is discussing a possible operational plan, but todate no recommendations have been made . Sorensen asked who legally controls airport operational plans and what roll the City can take. Schmidt replied he understands that unless a City owns the airport they cannot impose restrictions. Schmidt added that MAC is willing to work on an operational plan for Flying Cloud with the City. j Sorensen suggested the time of use, the length of the runways, and the noise level of aircraft should -all be addressed in an operational plan. i ' k Feerick felt a written statement from MAC on the extent of their power over the airport's operational plan and their intent to work with the City should 4 be submitted. 4( Scheidt felt that if too stringent . restrictions are placed on - Flying Cloud Airport the airport might be closed down. He stated the airport does meet PCA rules on health and'comfort. i l approved Planning Commission Minutes -3- August 11 , 1975 • Sorensen questioned if Flying Cloud Airport as a.heavy training facility poses a greater safety hazard than other types of airports . Schmidt responded new pilots tend to be more cautious. Olson stated 8 new airports are in the Airport System Plan,so training facilities are expected to be relocating further away from population centers, ( timeframe unknown ) . Scheidt said noise readings were taken at locations similiar'to where Dr. Bofenkamp had taken readings, and the highest measurement they recorded was 91 dcb's . ( 65 dcb's was cited as a room conversation noise level ) . Mr. Russell asked if readings had been taken on twin engine planes. Schmidt replied negative and added that the Cessna Citation.does not register on the noise scale. Ron Nelsen, 12205 Sunnybrook Road, questioned if Mr. Schmidt could sleep at a 65 dcb level. Mr. Einsweiler , airport consultant, stated 65 dcb's has not been registered in a house eve.n with the windows open. Nelsen stated he has been awaken by aircraft noise. Frank Meijers,9507 Creekwood Drive, stated another measurement of noise is • the "pitch" which cannot be taken in dcb's. Sorensen informed the representatives and audience the City would conduct an airport hearing on September llth at the Vo-tech School. Motion: Meyers moved, Fosnocht seconded, to continue the Flying Cloud Airport item to the Commission's August 25th agenda. The vote was unanimous. B. 169 Mini-Sector Study, presentation of Brauer & Associate's report and discussion of alternatives. The planner reported Brauer's report and a letter inviting residents and landowners to the Planning Commission meeting had been mailed out. Don Brauer outlined the boundaries of the study area and the recommendations in the report. Bob Williams, landowner, questioned the reasoning behind retaining the 60foot easement between the Modern Tire and Energy Systems sites. Brauer responded he feels another access to the proposed residential would be better. Williams then suggested a service road to provide access and some commercial/ industrial uses behind Energy Systems and . Modern Tire instead of all residential. approved Planning Commission Minutes -4- August ll, 1975 Mrs. Russell complained that the 169/Sunnybrook, and 169/VoTech entrance • intersections are extremely dangerous. Nelsen said he would favor the cul-de-sacing Sunnybrook. Sorensen asked if anyone in the audience objected to the cul-de-sacing of Sunnybrook Road. Don Hess, The Preserve, suggested not cul-de-sacing Sunnybrook. until the North/South Parkway along Neill Lake is constructed. Bill Bonner, Hustads, said he prefers the NorWSouth alternative that veers to the west instead of the east. Mr. Bob Hansen , Energy Systems, said he prefers having the cut.-de-sac end at the Modern Tire/ Energy Systems property line. John Crouch, attorney for Modern Tire, asked if the Commission could recommend the industrial/commercial rezoning at this time so Modern Tire could try to begin construction in the Fall. Meyers suggested listing specifics on uses and future expansion before the non-conforming uses are rezoned. Brauer felt the uses would be controlled bythe City's Zoning Ordinance.. Sorensen expressed concern that the previous agreement between Modern Tire and the City had not been followed. Mr. Crouch felt business potentials will diminish if growth is prohibited. • Feerick felt a recommendation -on the industrial/commercial could be made, but the entire plan needed further discussion. Meyers suggested action on Modern Tire's rezoning only since they are the only business who has reque.sted rezoning. She felt a need exists for a staff report outlining the requirements of such a rezoning. Motion 1 Feerick moved, Schee seconded, the staff prepare a staff report. on the requirements necessary to rezone the existing Modern Tire and Energy Systems sites to industrial/commercial. The motion carried 5:1 ( Sorensen voted nay. ) Motion 2 Meyers moved, Schee seconded, to continue consideration of the 169 Mini- Sector Study concept to the August 25th Planning Commission Meeting. The vote was unanimous. C. Celebrity Forum, Inc. , request for PUD Concept Plan and rezoning to Regional Service for a 3,500 seat 'theatre on approximately 15 acres. Bill McMahon stated he has initiated ' a purchase agreement for 30 acres adjacent to the Minnesota Tree Office site for the same recreational, concept discussed at the last Planning Commission meeting. approved Planning Commission Minutes -5- August 11 , 1975 Fosnocht inquired which uses would be included in the first and second . phases. McMahon replied Phase I would be the theatre, racquet/handball courts, and clubhouse; and the Phase II would be a supperclub, additional tennis courts and other outdoor facilities. Fosnocht then asked if McMahon would be the owner. McMahon responded he would be the Dresident and owner. Sorensen told the proponent the Commission usually has more information submitted to base their reccrnmerrlationsupon. The planner said more detail would be presented at the development stage of the proposal. Meyers stated she did not disagree with the concept, but felt inadquate information had been submitted to approve the concept. Sorensen then took a concensus on the following issues; Are the concept and uses acceptable?-no objections; Is it an appropriate use in the MCA ?- no objections, Is the general area viable to the extent of the Commission's knowledge_?- yes. Mo tion• Feerick moved, Meyers seconded, to refer the item to the staff for a report and continue it the August 25th agenda. The vote was unanimous. • D. Hustad Development Company, request, for an office, industrial, and residential PUD on a 26 acre parcel located south of U. &--. 169, west of Creek Knoll Road, and north of Co. Rd. 1 . Bonner reported that some of the surrounding residents suggested the proposed residential area be consolidated in thb southeastern corner in an attempt to leave more open space to the north. Richard Williams, 9512 Creekwood Drive, felt it would be difficult to fit the proposed townhouses into the topography and suggested the cul-de-sacing of Creek Knoll Road . Frank Meijers suggested lights at the 169/Co. Rd. 1 intersection may help, The planner reported letters regarding 169/1's improvement have been sent to the County and State Highway Departments and the Flying Cloud Airport. Sorensen inquired about the possibility: of substituting office for the single family in the southeastern corner. Bonner replied he did not believe it would be economically feasible. Jim Olson, Creekwood, asked when the project would be built. Bonner replied the office uses would be constructed next year. Motion: Feerick moved, Meyers seconded, to continue the item to the August 25 agenda . The vote was 'unanimous. approved Planning Commission Minutes -6- August 11 , 1975 IV. PETITIONS AND REQUESTS. A. Suburban National Bank, request approval for an interim branch auto bank located on the northwest parcel of the Homart Eden Prairie Center Addition, . Lot 1 . The site is adjacent to the Ring Road and south of W. 78th Street. The planner referred the commission to the August 5 staff report and stated the City Attorney and he agree that drafting an agreement for a temporary use would be a good way to handle the rezoning. Meyers questioned why rezoning was not requested. The planner .replied since the use is temporary,if it is rezoned now it may require rezoning later. Sorensen questioned the City's ability to allow such a use on on an unzoned property. . . I Rcy Terwilliger said the decision on the exact building and drive-up facility will not be made for 3-4 years depending on traffic access and they would like approval of a temporary drive-up facility on Lot 1 of. Eden Prairie Center Addition. j N I Meyers expressed concern regarding the type of exits provided if the drive-up i facility ever became a permanent facility. The planner said It could be handled as part of the agreement. I Motion: Fosnocht moved, Lynch seconded, to recommend to the Council. approval • of the request for an auto drive-up facility for a 3 year period based on the recommendations .in the August 5 staff report. Amendment Sorensen sugg3sted amending the motion to read approval contingent upon the City Attorney's opinion such an agreement would be valid and binding. The amendment was agreeable to Fosnocht and Lynch. The motion and amendment carried unanimously. V. PLANNER'S REPORT. A. Comprehensive Guide Plan Update, discussion of consultant selection process and draft request proposal. The planner referred the Commission to the draft Request for Proposal. The Commission discussed the advantages and disadvantages of including the expected budget for the update, and suggested the notification date be changed to September 11, interviews to be held after September 15, and Council considera- tion in October. Motion: Feerick moved, Sorensen seconded, to recommend representatives be appointed by other commission to be members of the Guide Plan Update Review Committee. The motion carried unanimously. Sorensen suggested interested Planning Commission members should contact the planner if they desire to be on the Review Committee. approved Planning Commission Minutes -7- August 11, 1975 .. PS Districts , discussion of alternative methods of dealing with PS problem. The planner reported the Council has asked the Commission to discuss methods of handling the PS Districts . .The Commission asked it be placed on the following agenda due to the late hour. MEMBER'S REPORTS, -Continued D. Others. Feerick repo Ad he attended the Community Growth Council,along with - Commission member Boerger, at which large scale developers discussed the viability of large scale developments . Feerick informed the Commission at the next Community Growth meeting the City and School District would be giving a presentation. Mr. Roger Ulstad, City Manager, said all members are invited to attend the Growth Council's meetings. VT. ADTOURNMENT. Lynch moved, Fosnocht seconded, to adjourn at 1:30 AM. The vote was unanimous. Respectively ..Submitted, Jean M. Egan, Planning Secretary