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Planning Commission - 12/08/1975 AGENDA Eden Prairie Planning Commission Monday, December 8, 1975 7:30 PM , City Hall Invocation --- Pledge of Allegiance --- Roll Call COMMISSION MEMBERS: Chairperson Don Sorensen, Richard Lynch, Richard Feerick, Herb Fosnocht, Joan Meyers, Norma'Schee,Roger Boerger STAFF MEMBERS: Dick Putnam, Chris Enger, Jean Johnson I. MINUTES OF THE NOVEMBER 24, 1975 PLANNING COMMISSION MEETING. II. MEMBERS REPORTS. A. Chairperson Don Sorensen. B. Council Representative Joan Meyers C . Others III. REPORTS AND RECOMMENDATIONS. A. Condon/Naegele Realty Company PUD, Concept Plan and rezoning request for I-2 Park, Office, and Regional Service for 165. 7 acres. The site is located north of I-494 in the Major Center Area and south of Smetana Lake and Nine Mile Creep. B. Purgatory Creek Study, presentation by Don Brauer, Brauer & Associates. C. Maple Leaf Acres, by Loren Irvine, request for preliminary plat approval and rezoning from Rural to RM 6. 5 for lots 1-6 Block 1, Community Commercial for lot 7 Block 1, and the remaining lots in Block 1 and all lots in Blocks 2 and 3 toRl— 13.5 . The site is located east of TH 101 and south of Duck Lake Trail. A continued public hearing. D. Skelly Oil Rezoning, request for rezoning from I-2 Park to Highway Commer- cial for auto service station remodeling and future restaurant . The site is located between Wallace Road and School Road, 15251 W. 78th Street. E. Gelco Corporation Office Identification Sign IV._ PLANNER'S REPORT. A. Memo concerning small commercial outlets. V. ADJOURNMENT. MINUTES EDEN PRAIRIE PLANNING COMMISSION approved Monday, December 8, 1975 7:30 PM City Hall MEMBERS PRESENT: Chairperson Don Sorensen, Richard Lynch, Norma Schee, Joan Meyers, Dick Feerick, Herb Fosnocht MEMBERS ABSENT: Roger Boerger STAFF PRESENT: Roger Ulstad City Manager; Chris Enger , Jean Johnson I. MINUTES OF THE NOVEMBER 24, 1975 PLANNING COMMISSION MEETING. P. 1, last P, should read , The planner explained that no staff report . . . P. 2, 2nd P, add to end of last sentence - . . and the 1968 Comprehensive Guide Plan encourages extensive use of PUD procedures . Motion: The motion carried unanimously. P. 3, 6th P, should read - Meyers expressed surprise that marginal land seems acceptable to the Parks, Recreation and Natural Resources Commission for parkland. Motion: The motion carried unanimously. P. 4, 4th P, should read - . . . I-2 Park District under the wording of the present Zoning Ordinance. Fosnocht moved, Lynch seconded, to approve the minutes as written and corrected. The motion carried 5:0:1 with Schee abstaining. II. MEMBERS REPORTS. A. Chairman Don Sorensen. Sorensen noted that avenues of communication are opening between the Council and Planning Commission. B. Council Representative Meyers. I. Meyers reported the Council approved the Revised Mitchell Lake PUD with the 11 Planning Commission recommendations. She stated Pemtom withdrew their rezoning request after the PUD motion passed. 2. Meyers reported the Council has directed the City attorney to redraft the Zoning Ordinance to clearly prohibit metal/aluminum pole type buildings. 3. Meyers inquired about the possibility of cancelling the Planning Commission's December 22nd meeting. Sorensen expressed concern that the Commission has discussed taking action at that meeting and some people may be expecting action by the Commission. Mr. Ulstad saw no problem ift the meeting was cancelled because _ no public hearings have been scheduled for the Council's first meeting in January. Motion: Fosnocht moved, Feerick seconded, to cancel the Planning Commission`s next meeting ( December 22, 1975 ) with the Commission's next :meeting to be January 12, 1976 and to have any items scheduled for the December 22, 1975 meeting carried to the January 12,1976 meeting. The motion carried 5:0:1 with Sorensen abstaining. Sorensen asked about the status of the City's request for FAU funding. Mr.Ulstad replied it is still in the qualifying stages either as a minor arterial or a major collector.- 40 Feerick suggested that in the Guide Plan update process special expertise in some areas may be needed and perhaps subcontracting could be considered. Mr. Ulstad stated no contract has been drawn and the Council has directed the staff to discuss a contract .with the selected consultant. approved Planning Commission Minutes -2- Dec. 8, 1975 I. REPORTS AND RECOMMENDATIONS A. Condon/Naegele Realty Company PUD, Concept Plan and rezoning request for I-2 Park, Office, and Regional Service for 165.7 acres. The site is located north of I-494 in the Majar Center Area and south of Smetana Lake and Nine Mile Creek. Mr. Don Brauer handed out copies of an addendum to the original submission. Chris Enger referred the Commission to the list of City policies compiled by the staff which provide a basis for the staff report recommendations. Mr. Brauer reviewed the changes in the addendum as; concept plan approval for the highway commercial site, 2 cul-de-sacs instead of 1 road running east and west through the property, access to T.H. 5, concept approval on the east and west ends of the proposal; and concept approval and rezoning for the 4 auto sites to Regional Service Commericial and the PUB area. Mr. Brauer felt the Condon/Naegele proposal exceeds the Purgatory Creek Open Space policy as 51.49 acres will not be built upon. Sorensen asked if the restaurant plaza site would include more than 1 restaurant. Brauer responded affirmative. Lynch asked what timeframe the project would have. Brauer felt the entire pud would take 20-25 years. Meyers questioned why the auto dealerships were not proposed in the I-2 Park District . Brauer felt that it would take more grading, and access would be more difficult. Lynch asked if the auto dealerships could be placed on the hotel site. Brauer did not believe the hotel site is of sufficient size. Sorensen asked if Condon/Naegele still intended to withdraw from the law suit. Brauer referred the Commission to page 3 of the supplemental brochure. Lynch asked if Brauer feels the site encroaches upon the floodplain based upon the MCA Report, Smetana Lake Report and the Guide Plan. Brauer responded negative. Fosnocht questioned iiow the staff could object to the site grading when the CityRlans--a- -&foot cut-for—the roadway. - -- - - - Brauer stated he feels the plan is consistent with City planning. Mr. Enger stated housing or office use could also be developed on the proposed auto dealership sites. Sorensen asked if each lot would . have a sign. Brauer responded the 4 auto dealerships would make use of 1 sign and he is unsure about the other sites. Lynch questioned if action can be taken on the PUD and rezoning request in light 40 of the pending law suit. ...approved Planning Commission Minutes -3- Dec. 8, 1975 Condon/Naegele Continued Motion: Lynch moved, Feerick seconded, to continue the request to the January 12, 1976 meeting and request the staff receive a legal opinion from the City Attorney on how a positive or negative action may affect the pending law suit, that reports be received from the watershed district and other governmental agencies, and that a revised staff report dealing with the supplemental submission be submitted. Discussion. On page 15 of the staff report, Meyers questioned. the need for further creek studies . Sorensen believed action will set policy and thought should be given on how this project will affect adjacent property. Vote: The motion carried 5:0:1 with Sorensen abstaining. B. Purgatory Creek Study, Being no discussion or questions from the audience , Sorensen directed the staff to continue the item to the January 12 meeting . C. Maple Leaf Acres, by Loren Irvine, request for preliminary plat approval and rezoning from Rural to RM 6.5 for lots 1-6, Block 1, Community Commmercial for lot 7, Block 1, and the remaining lots in Block 1 and all lots in Blocks 2, and 3 to R1 -1 3.5 . The site is located east of TH 101 and south of Duck Lake Trail. A continued public hearing. Mr. Enger referred the Commission to the revised staff report dated December 3 which states the original report of November 4 is still applicable. He reported that the watershed district will not be further reviewing the plat unfil signifi- cant changes are made. Mr. Irvine asked for the Commission's reaction to the changes that have been made. Sorensen suggested a better alignment of the road. Mr. Enger believed soil borings should be done on all lots '.along or in the floodplain. S:chee asked if the redesign would incorporate all of the concerns stated in the staff report Mr. Irvine believed it would. Mr. Irvine stated the sewer contractor has not completed restoration of the project. Meyers felt the project would be completed by next Spring. Mr. Bob Nielson,6761 Tartan Curve, said the majority of residents are in favor of the single family development. Mr. Irvine stated he no longer is seeking the community commercial zoning for lot 7. Motion: Feerick moved, Fosnocht seconded, to continue the public hearing to January 12 in order for the proponent to redesign the plat. The motion carried unanimously. approved Planning Commission Minutes -4- Dec. 8, 1975 Skelly Oil Rezoning, request from I-2 Park to Highway Commercial for auto service station remodeling and future restaurant. The site is located between Wallace Road and School Road, 15251 West 78th Street. Mr. Enger stated the site plan had been received only last Thursday so a staff report has not been prepared but it has been sent to the Highway Department. Mr. Deiniger , Skelly. Oil _ Co. , explained the original building was huilt in 1965 prior to the Zoning Ordinance and questioned why they needed to go through such a lengthy rezoning process just to improve an existing use. Sorensen explained that presently the site is zoned I-2 Industrial Park and the station is presently a noncomforming use, therefore it cannot be expanded unless it receives proper zoning. Schee suggested the company's legal council may assist in explaining the process of rezoning and why it is necessary in this case. Sorensen directed the staff to place the item on the next agenda and to prepare a staff report. Gelco Corporation Office Indentification Sign Mr. Enger stated the sign request meets all conditions of the Sign Ordinance and the staff is recommending it be approved.as submitted. Meyers questioned if it would entail message printing. Enger responded if they did want to print messages they would have to receive approval. - Motion: Schee moved, Meyers seconded, to . approve the Gelco Sign request dated November 17, 1975 , as submitted. The motion carried unanimously. IV. PLANNER' S REPORT. A. Memo concerning small commercial outlets. Meyers suggested the Commission ask for direction from the Council and review the item if they are directed to do so by the Council. Motion: Lynch moved, Meyers seconded, to submit the memo on small commercial outlets to the Council for direction. The motion carried unanimously. V. ADJOURNMENT Meyers moved, Schee seconded, to adjourn the meeting at 11:00 PM. The motion carried unanimously. Respectfully Submitted Jean Johnson i