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Planning Commission - 01/12/1976 AGENDA Eder. Prairie Planning Commission Monday, January 12, 1976 7: 30 PM City hall Irvcration --- Pledge of Allegiance --- Roll Call I . ) 976 PLANNING C-3MMISSION APPOINTMENT'S A. Reappointment of Mr. Richard Lynci. for a three ( 3 ) year term. B. Appoint:�ent of Mr. William Bearman for a 3 year term. C. Appointment of Mr. Food Sunstrom for a two year term. D. Council Representative Sidney Pauly. II . MINUTES OF THE PLAY ING COMMISSION MEETING CF DECEMBER S. 1975 . 1II . MEMBERS REPORTS . 11. Chairman Don Sorensen. B. Council Representative Sidney Pauly. C. Others . IV. ELFCTION OF PLANNING COMMISSION OFFICERS. A. Chairperson. S . Vice-chairperson. C. Secretary. V. REPCi\iS AND RECOMMENDATIONS. A. Purgatory Creek Study, by Brauer £ Associates . B. Condon/Naegele Realty Company PUD, request for PUD Concept Plan approval for approximately 165 acres and rezoning of 4 sites within the PUD to Regional Service Commercial. The PUD is located north of I-494 in the Ma4cr Center Area and south of Smetana Lake and Nine Mile Creek. Skelly Oil Company Rezoning, request for rezoning from I-2 Park to Highway Commercial for auto service station remodeling and proposed restaurant. The site is located between Wallace Road and School Road, 15251 West. 78th Street . D. Maple Leaf Acres, by Loren Irvine, request for preliminary plat approval and rezoning from Rural to RM 6. 5 for lots 1-7 in Block 1 , and all lots in Blocks 2 and 3 to R1-13. 5. The site is located east of i'.H. 101 and south of Duck Lake Trail. A continued public hearing. E. Eden Prairie Family Recreational Center, proposed commercial/rec=eational development by Eden Development Incorporated. The center is located on the northeast corner of she Mitchell Road and T.H. 5 intersection. Review of site development plan. VI . PETITIONS AND REQUESTS. PUBLIC HEARINGS. A. Robert H. Mason & Fraser School Inc. , request for rezoning from Rural to RM 6.5 ( Multiple Family ) . The 4 acre site is located in the northeast corner of the intersection of the East/West Parkway and Preserve Boulevard. B. Edenvale llt} Addition, by Edenvale Incorporated, request for re vining from PUD to R1-13. 5 with lot size rariances and preliminary plat approval for approximately 22 lots cn 6 acres . The site is located north of the intersection of Woodhill Trail and Edenvale Boulevard. Agenda-Planning Commission jan . 12, 1976 40 page 2 VII . PLANNER' S REPORT. Y. A. Community Development Block Grant for 1976, discussion of citizen participation , project selection and time schedule . B. 197E Comprehensive Guide Flan Update, discussion of progre^s on contract with Brauer & Associates . C. F.A.U. Road System for 1976, report on progress in classification of Ring Rcad and other City streets . D. Projects anticipated in 1976 . VIT�I . ADJGURNMENT. s' a R I� MINUTES EDE14 PRAIRIE PLANNING COMMISSTOI+ approved Monday , January 12, 1976 7 : 30 FM, City Hall MEMBERS PRESENT: Chairman lion Sorg nsen, Norma Schee , Richard Lynch. , Rod Sundstrom. Wi 1 1 i am RG:rxn�., c`,Ancy ��.., •. ., ...> • uur.y , liC11J [ L/JiIUC:l11 MEMBERS ABSENT: none STAFF PRESENT: Dick Putnam, Jean Johnson 1 . 1976 PLANNING COMMISSION APPOINTMENTS. Chairman Sorensen announced the following appointments and welcomed the members to the Commission; A. Reappointment of Mr. Richard Lynch for a 3 year term. B . Appointment of Mr. William Bearman for a 3 year term. C. Appointment of Mr. Rcd Sundstrom for a 2 year term. D. Appointment of council representative Sidney Pauly. II . MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 89 1975 . P. 2, 12th P, should read-Fosnocht questioned how The staff could object to the site grading when the City plans a 40' cut for the roadway . Schee moved, Lynch seconded, to approve the minutes as written and corrected. 71-e motion carried 4: 0: 3 with Bearman, Sundstrom 6 Pauly abstaining. III . MEMBERS REPORTS. A. Chairman Don Sorensen. 1 . Sorensen stated the question of council liaison would be discussed at the Courcifs January 13th meeting. He said it was the opinion of the Planning Commission previously that liaison members are important fcr the Commission for insigrit that cannot be obtaned from merely reading minutes . Pauly suggested that perhaps the joint meetings which will be scheduled could repla,:e the liaison. Motion: Schee moved, Lynch seconded to recommend that the City Co,incil continue with the Planning Commission liaison as in the past . Discussi,-n : Bearman questioned if liaison for the Planning Commission would eliminate joint meetings. Sorens--n responded negative and outlined liaison procedures as per city ordinaaces . Vote : The motion carried with 4 ayes ( Sorensen, Lynch, Schee , Fosnocht ), and 3 abstains ( Pauly, Bearman, Sundstrom ) . 2. Sorensen stated Mayor Perzel and he briefly discussed the setting of a joint meeting. Sorensen felt such meetings should be scheduled in about 1 month to allow new member appointments to absorb some of the background material. P. Council Representative Pauly . Mrs . Pauly referred the commission to the bonded indep-t edness memo by John Frane. Mr. Sorensen read the memo dated 12-1-75. It is doubtful that the City can finance "lateral " type improvements (streets , utilities , etc. ) for developers and retain its present bond rating without securing guarantees for the payment of the resulting special assessments. a�-- roved CG;:.:':�ss;.Gr. M_'r,ures -2- Jar. . 12 , i97E The .:(�rst s i twi t i en presents ; tse► f if grc.rth during the 1 st !.,II f Of the 19/0 ' s is at "fie sage rate as the first half i:iid r in!IA to „� aS ;:e nave i n the past. Th-, City coJi d ? ;se i is ` i ��g i n 1976. ' cr Capita Hebt, using the „,i census A stagy le situation presents itself if gre.-nth Puri ng the last half of the 70 ' s is sufficient to increase -jr population to approximately 19,000; our d.�bt should remain %-J ;Lh n acceptable limits if pay,,:ont guarantees are obtained. -',' C. Others . none IV. ETJECTION OF PLAPyNING COMtfISSZON OFFICERS . A. Chairperson. Chairman Scrensen passed the chair to Jean Johnson to conduct the nomina- tion for commissien officers . Jean Johnson requested nominat .ons for chairperson of the Plarnino Commission . Fosnocht asked :fir. Sorensen if he would again accent the position of chairman . Sorensen said he would be willing but felt other members should assume the position if they desire . Fosnocht nominated Mr. Sorensen. Motion : Fosnocht moved Sundstrom seconded, to close the nominations for chairman and cast an unanimous ballot for Mr. Sorensen. The motion carried 6: 0: 1 with Bearman abstaining. B. Vice Chairperson. Fosnocht nominated Richard Lynch. Lynch nominated Mrs . Schee, Schee declined the nomination . Motion: Schee moved, Sundst:�m seconded, to close the nomin-Ations for vice chairperson and cast an unanimous ballot for Mr. Lynch. The motion carried 6: 0: 1 with Bearman abstaining. C. Secretary. Sorensen explained the secreta-ry to the commnission does not take minutes but is second in line to chair the meetings and signs documents. Schee nominated Mr. Fosnocht. Motion: Lynch moved, Schee seconded, to close the nominations for Secretary and cast an unanimous bai-ot for Mr. Fusnocnt. Tne motion carried 6 -0 :1 ldiO Bearman abstaining. V. REPORTS AND RECOMMENDATIONS. A. Purgatory Creek Study. Tie planner reported the Parks , Recreation and Natural Resources Commission took action at their last meeting and the Council public hearing is expected in February or March. Don Mess , The Preserve, had the following comments on the Creek Study; -the study is not clear on the floodplain delineation. -the report defines private development restrictions but not the public's. -the amount of encroachment is recommended as 0% , the Nine Mile Watershed District will allc x up to 20%. :approved Punning Commission Minutes -3- .'an. 12, 1976 -guidelines should be outlined so developers have a handle on how they can develop -their land. -acreage/running mile to be dedicated is not equitable due to topography. Don Brauer responded as follows to some of Ix. Hess's concerns. -the acreage dedicat?on per r_; ,ning mile is a recommendation and will require balancing as more land is needed in some areas . -it is believed that the public will be as concerned as the private develcpers. Public restrictions and guidelines could be in the form of an amendment to the study. -encroachment will be judged on the area needed. Mr. Hess stated The Preserve is sympathetic with the objectives of the study but desire clarification of the guidelines . Mr. Mike Pohlen did not believe the green areas on the Study maps match from page to page, i.e. , pages 29-35. Brauer agreed some oversights occur in tree mass but a full scale map is also available. Mr. Hess believed an error also occurred on page 41 . Mr. 7rv-;re read from page 20 of the Study; "Management: The marsh possesses the elements necessary for creating a wildlife flowage by increasing water levels. By establishing a progran of water level stabilization and storage , flows downstream car: be ma_r:tained throughout the season. The structures installed for reg;:lation can also serve to control the movement o_` rough fish." He ehsn gLestionFd how the study_ proposes to keep the water flowing? Brauer felt if the idea of wild -e management is foiloked than more water could Le stored IM reserves . Being nc Irk -irt7i,er input or questions, Sorens,-n directed the staff to place the itetr, on the Commission's January 26th agenda . R . Condon, Naegele Realty Company PUD, request for PUD Concept Plan approval :or approximately 165 acres and rezoning of 4 sites within the FUD to Regional Service Commercial . The PUD is located north of 1-494 in the Major Center Area and south of Smetana Lake a:.d ?sine Mile Creek. The planner reviewed the background information todate , and felt the revised plan clearly illustrates the proponents position on the issues . He believed t..he criF ;sal staff report outlined the concern that the rezoning request is k. :• .. .. yJ... ._: •1.rr..• d +•. X 'I^A 1 • .. Uw 0• ^ p +wLe �ei•�e�*1s1T ?Tf/� r+.�.—..� .,Y•.G w� �.......� vG �O��Gr. �.:Q•�./• ..G .� ♦O �Gu .uG. ...r• ...,.� .��• .. let,--ra resources Commission is concerned with impact upon the creek reso.:rre a:d with the absenc6 of the study it is hard to determ;.ne how soh dec iCativn is needed. approved Planning Commission Minutes -4- Jan. 22, 1976 Sorensen questioned if the road is placed between the development and the open space area would it produce larger lots, and if so what would happen with the wooded area. The planner believed such a road location would be difficult anc' felt another alternative would be to place the road along the floodplain. Brauer said they are illustrating the worst condition that would happen and it is possible that someone might buy 30-40 acres and only a private drive would be necessary. Sorensen suggested higher standards be set so the worst will not occur. Bearman inquired as to the future traffic projections off Washington Avenue. Braut-r reported the projection is 5,700 for a 24 hourperiod for the 4 auto dealerships and the road at the east end of the property would have approximately 2/3 of she 5,700 voltzre . Lynch asked what would happen if the Ring Road is not constructed . Brauer j statcd the access would be graded to accommodate the future Ring Road. Paul inquired why the auto dealership is proposed on a site that re uires � Y Q Y F P P q substantial cut and fill. Brauer responded that this site, like the Grossman proposal,has good freeway access and is located in the MCA both being high priorities in the location of auto dealerships . Sorensen asked if the staff is still suggesting a plaza concept for the auto dealership. The planner felt the plaza concept is something to strive for. Brauer believed the CNR plan has a plaza affect as the dealerships are located on a private street. Motion: 1 Bearnman moved, Sundstrom seconded, to continue the item to the January 26th meeting The motion carried unanimously. Motion: 2 Bearnan moved, Schee seconded, to recommend the City Council set a public hearing on the Condon/Naegele request for the Feb. 3rd meeting. The motion carried unanimously. C. Skelly Oil Company Rezoning, request .for rezoning from I-2 Park to Highway Commercial for auto service station remodeling are proposed restaurant. The site is located between Wallace Road and School Road . 15251 W. 78th St . The planner stated the staff is recommending rezoning to Highway Commercial, variance of the 5 acre minimwn zoning area, and conformance to all other city ordinances end requirements. Mr. Deiniger, Skelly Oil Co. , said he is in agreement with the landscaping required and will cooperate as it has mutual benefit, but they do have cost restrictions and asked if it is possible to phase the landscaping _ over a 2-3 year period. The planner believed ' the landscaping could be phased. Pauly expressed concern about other h&ghway commercial uses on the site if the zoning to Highway Comnerc: 21 is granted. .approved Planning Commission Minutes -5- Jan. 12, 1976 Fosnocht felt traffic problems may arise if the restaurant is built. The planner stated the restaurant if built would be shall and he felt the site plan could accommodate the traffic. Motion: Schee moved, Pauly seconded, to recommend approval of the rezoning from I-2 Park to Commercial Highway for remodeling the existing Skelly Oil Station pond a future restaurant and vary the minimum zc in.g area reo uirement of Ordinance 135, but require upgrading of the site to meet other requirements and city ordinances and all recommendations set forth in the January 6, 1976 staff report. Discussion: Bearman asked if the station would sell diesel fuel and if it would be similar to a truck stop. Deiniger responded that they would be selling diesel fuel but the site is of insufficient size to be a truck stop. Sorensen expressed the concern that to zone the site to Commercial Highway given Ordinance 135 a vast number of uses would be possible and could be detrimental from a traffic standpoint . He felt City policy has been to remove such uses from heavily traveled roads . The planner asked if Mr. Brauer could respond to the site 's zoning of I-2 Park. Mr. Brauer stated in 1968 the highway department said T.H. 5 would be a limited access freeway, so an attempt to preserve rights of property was made and some pieces were placed in Planned Study& others in Industrial because access to the highway was unknown at that time . He said the Skelly property wa-z placed in I-2 Park because of its size and location to other iindustrial uses . Sorensen expressed concern that T.N. 5 has numerous uses and proposed- uses that will generate traffic. i .e . , Prairie Lawn 6 Garden, Recreational Center, shopping center at Co. Rd. 4 and T.H. 5, etc. , and questioned how many more uses the road can handle. Pauly felt although there are traffic and zoning concerns the proposed use is reasonable. Fosnocht staid he shares the concern with the need to upgrade the station but the unresolved traffic problems and related hazards may out-weigh the need. The planner explained that presently the site: has 4 access points and the redesign would reduce: it to one ' in-out' and one 'in' access and a signal would be forth comming for Wallace and T.H. 5 . Amendment: Sorensen moved, Bearman seconded, to amend the motion and delete V and a future restaurant' . The amendment fa;-1 cd wl t'h 3 ayes ( Sorensen _ Dearman, Fosnocht), 3 .nays ( Schee, Lynch, Pauly), and 1 abstain ( Sundstrom) . Vote on Motion: The motion failed 3: 3 : 1 with 3 ayes ( Schee , Lynch, Pauly ), 3 nays Sorensen, Fosnocht , Bearman ) and 2 abstain ( Sundstrom ) . Lotion 2: Lynch moved, Pauly seconded, to recommend to the City Council not to require rezoning from the existing zoning of :-2 Park and allow remodeling of the existing station and construction of a future restaurant with the recomme..: 3tions a-e on pages 6 E 7 of the van. 6th , 1976 staff report. The motion failed 2: 3: 2 with 2 ayes ( Lynch, Pauly ) , 3 nays-( Sorensen, Schee, Fosnocht ), and 2 abstains ( Bearman 6 Sundstrom ) . Motion: 3 Lynch moved, Schee seconded to recommend the City Council. set a public hearing for the Skelly Rezoning for Feb. 30 1976. The motion carried unanimously . -approved Planning Commission Minutes -6- Jan. 12, 1976 D. Maple Leaf Acres, by Loren_ Irvine, request for preliminary plat approval and rezoning from Rural to P.M 6. 5 for lots 1-7 in Block 1 , and all lots in Blocks 2 and 3 to R1-13. 5 The site is located east of T.H. 101 and south of Duck Lake Trail. A continued public hearing . The planner refer:ad the Commission to the watershed letter received today - dated 1-7-76. He informed the Co►nmirsion that tcdate the Parks, Recreation and Natural Resources Commission has made no recommendations. Mr. Irvine outlined the basic differences in the original submission and the revised plan_; 1 . no commercial zoning request. 2. 75-100 foot change at the Duck Lake Trail and T.H. 101 intersection. 3 . realignment of the roads Zrossing the floodplain except for Tartan Curve. Vx. Irvine said it was his interpretation of. the Floodplain Ordinance that backyards are permissable within, the floodplain. He stated that all lots are over the R1-13.5 lot size. In relation trailways, he stated a hikewaylbikeway trail could be constructed along Duck Lake Tr.3i1 and a 50 foot easement would be granted along the creek. Sorensen questioned the alignment of Tartan Cur-ve With the connection to the south. Irvine estimated tho difference in alignment was not more than 10-15 feet. Pauly inquired if further land would need to be purchased to complete the Width of the road as shown on the plat. Irvine stated that t.-e easement is already existing. Pauly had the following comments regarding the staff's concerns listed in the November 4th staff report; -the plan is inconsistent with the Purgatory Creek Study. !ors . Pauly questioned the basis of the staternPnt since the plan is unadopted. -adverse affects on adjacent properties . Mrs. Pauly asked what besides the previously proposed commercial v-*quest would be considered as an 'adverse 4ffrct . The planner responded the staff report was based on the original plan :and the adverse affects were in regards to the commercial zoning. Now the only consideration would be if the multiple is considered inappropriate next to single family. -no pedestrian/bike system proposed. Fa s. Pauly stated the revised platy includes a system and asked who, will pay for the system? Irvine said payment could be worked out but he would not be willing to construct a path that would start nowhere and go nowhere. approved Planning Ccrr: ssion Xir es -7- Jan. 22, 1976 The planned stated another concern is that no access : r - ovided to t.c land west of Block 3. Pauly suggested something be Worked-out w::th the Scrnggens property and the staff's concerns relative to lots 21, 22 , ai,d 1 .2, 3. So"nv.p i nfr„..�..e.i tui.. T....:.... +t.�+ : -9 A-1— ^:,_ __1 __ - r - ---_ -•- ..- .�.... ....... +- .•.c ♦ i. ♦y LanCZ ui.:n V LWc1L3JLe CLC 11Vn In regards to his proposal it is not possible to reapply with a similar plan in 1 year. Pauly added that that con.:! L!,.-.. can be waived. Mr. Irvine stated Mr. Scroggen has an existing access over the creek. He added that the residents to the north of Duck Lake Trail along the creek have kept their backyards neatly mowed down to the creek and he ?relieves new residents in the plat will take similar care of their backyards . The planner felt tl present condition of the creek sides now, i .e. , dog houses , fences, extensive moving , etc . , are contrary to the intent of the proposed Purgatory Creek Study and a more natural condition is envisioned. Sorensen asked Mr. Irvine if he desired to worked further details out and return to the Commission. Mr. Irvine stated that if lots 1,2,3 , 21, & 22 are not possible the road and project would be uneconomical , and the road realignment further north would not be feasible because of the existing sewer lines. Sorensen asked if lots 2 and 3 could be combined. Irvine responded yes. Fosnocht believed a revised staff report should be submitted. The planner summarized the differences as; the plan is inconsistent with the Purgatory Creek Study , advisability of multiple along T.H. 101, and the Scroggen creek crossing . The planner felt the staff report is applicable to tee revised plan. Motion 1: Bearman moved, Schee seconded, to recommend denial of the Maple Leaf Acres rezoning and preliminary plat request as it is inconsistent with the Purgatory Creek Study. The motion failed with 3 ayes ( Schee. Bearman) , Sorensen), 3 nays ( Lynch, Pauly, Fosnocht ) and 1 abstain ( Sunds:rom). Motion 2: Lynch rived, Pauly seconded, to recommend approval of the revised plat and rezoning to IRI-13.5 and RM 6.5 as requested on the revised .plat dated 12-15-75. The nation failed with 3 ayes ( Pauly, Lynch, Fosnocht ) , 3 nays ( Bearman , Sorensen, Schee ) and 's .-.i,6 t.Qin ( Sundstroni). Sorensen again asked Mr. Irvine if he preferred going to the Council without a Planning Commission recommendation or if he would like to return to the Commission with modificazic:.s a 1:V i:.c c:cs=rc3 going to the Council with modifications. ;. Notion 3: Fosnocht moved, Bear-man seconded, to recommend tt:a Council set a public hearing on the Maple Leaf Acres request for Feb. 3, 1976. 7be motion carried unanimously. approved Planning Commission Minutes -8- Jan. 12, 1976 E. Eder. Prairie gamily Recreational Center, proposed commercial/recreational development by Eden Development Incorporated. The center is located on the northeast corner of the Mitchell Road and T.H. 5 intersection. Review of -ite development plan. Mr. Peterson reviewed me landscaping suggested in the start report and stated they could accommodate all of the suggestions but believed completely screening the building from T.H. 5 would be econnnically impossible. He stated they will convey the property east of the parking lot to the City but presently it c-n not be released from the mortgage. In addition he said the Olson property will rece_•re access through the recreational center's parking lot unless Mr. Olson is able to obtain access from T.H. 5. Motion: Fosnocht moved; Pauly sec:,nded, to recommend to the Council approval of the site development plan submitted with the recommendations of the summary in the January 6, 1376 staff report. The motion carried 3: 1 :2 with Sorensen voting nay and Bear--.pan and Sundstrom abstaining. VT. PETITIONS AND REQUESTS. PUBLIC HEARINGS. A. Robert H. Hason & Fraser School Inc. , request for rezoning from Rural to RM 6.5 . The 4 acre site is located in the northeast corner of the - tntersection of the East/Kist Parkway and Preserve Boulevard. Mr. Don Hess, The Preserve, stated The Preserve has a purchase option with Mr. Mason and that it is proposed that approximately 1 acre will be given to the homeowner's association for trail continuation purposes . Dr. Kowalczyk read the program information provided in the brochure under the headings; ' The Need 1 , The Plan' , and'F.ationale' . Mr. Robbins, landscape archa-tect,reviewed the site information. He believed the site plan responds very well to the physical site and the • program proposed. He stated a trail connection would be made ( 5% grade to the trail along the northeast side of the site. i Mr. Jordano, Board Member of the Fraser School, stated the program attempts to achieve a pjvu eeamm and a family atmosphere for young adults and adults that are retarded. He stated that 12 or more in a home is more economical and usually results in ,acquiring better house parents. He ?stimated the house size at approximately 6,200 square feet with similar exteriorsp wheelchair accommodations, and the parents would have separate living and bedroom areas. He stated the houses will retain the future possibility cf conversion to double units if desired. Mr. Jordano felt the retarded should not be confined to the 'city core' and they have a right to a suburb and family atmosphere. Kr. . •John Nelson, President or" the Preserve HOA, informed the Commission a. poll of The Preserve residents had been taken , -che results are as follows; 50 for the proposal 8 indifferent 107 against 121 no response '..--.,,�, '• ram;: -- �. :.; '�•. .._ ., ,t•. =•,� �k=' f.` c.,.- -sus,., � ... � N� is •L• -•Sa�'�„d--.-_...r: approves Planning C:,mmiscion Minutes -9- Jan. 12, 197 Mr. Nelson believed a larger percentage of the people would be for the school if it was not as large as the proposal. He suggested building 1 unit now and phasing tha remainder cf the project . Mr. John Sekulla, made the following overhead presentation; Z OBJeerm To ?!tc's�ia6 . /. RCQvESr roz 4 -O.✓/N(r C 1.�y OF E DEN ?R .!Z/F AREA yCAit toll^t4P.-If C79Wrd Q. PLV I CNRN(,S /,y C orl 3c soo,ls 01MIJANCF /'/O. 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AfL/Eli E.(KT/.V L /6l►KAT/DN !✓/TN/U TI'6r l.ISE� lv:sw•r Ht.�tss Aas r#Ar ;,#,s Imarez ge L/•K•rEs _ O�Rcov< &or. noses. TO Of TA►6 EAI/t)4V - PDAW4 -AN IN ST/T✓T/O.y I — - �j'M' - .. �2,��5�'>�ss��iri�did�..`�7R%,y1.i"s.�;"l�'g.`•,i9.'Y',_�,�;.,�'�` � ,y;:%�.r _;��`,. 6. .����o�. "- . ._-'i �„"�r%. approved Planning Conmi:.sion ''inutes -10- Jan. 12, 1976 Tor.: Bartels, E.P. Community ?yews , questionbd where the 3% figure is from. The planner said in Ordinance 289 the number of comes "n a given sector of the City is not to be more than 3% of the housing units in that sector . Some Preserve residents felt it was due to the estimate that 3% of the U.S. population is mentally retarded . Fir. Fosnocht read from Ordinance 289 ; "E. That the Family Care Hone Patio shall not exceed 3% of the total dwelling units of the Neighborhood defined on J the Neighborhood Sector Map where the proposed Family Care Home is to be located." Bartel inquired if the City Attorney had submitted his opinion on the new State Law concerning such homes and how i.t affects the City ordinance . i Mrs.Pauly responded the Human Rights Commission referred the question to the City Attorney and no response has been received *_odate. � Dr. Kowalcyzk stated the retarded are instructed at an early age on right and wrong and have enough ability to be self-resronsible for their actions . Sorensen asked for the definition of mentally ill and mentally retarded. Dr. Kowalcyzk stated a mentally ill individual is emotionally disturbed, # has normal intelligence but reacts in socially unacceptable ways; and -the mentally retarded are slow learners with an impaired adaptability . 'M r. Bearman asked how frequently someone mentally retarded becomes mentally ill. Dr. Kowalcyzk said such information could be provided. Mrs. Pauly inquired as to the distance the homes would be from other Preserve buildings. Mr. Robbins stated the noire nearest to the Windslope r property would be 70 feet with a 12 foot grade. I-. White , a resident of The Preserve, stated he his heard the presen- tation 3 times and he would like a guarantee that the residents of the group homes would be Fraser School graduates . He added that he does not share the concern of physical or sexual attacts fzcom the Fraser residents, but the mentally retarded may need protection From outsiders. Kelly Davis, a Preserve resident, felt the homes would have adverse ramifications on The Preserve's unique atmosphere. Mr. Bill Spaniolo, a. Preserve resident, believed the Fraser homes would adversely affect his home investwent. Ron Ping, a Pr eaerve resident, felt Ordinance 289 should be retained. John Retrerath did not feel the advantag'ex of loeating in The Preserve stated in the Fraser brochure are valid because most of the uses are unavailable during most of the year. NPProved . Planning Commission Minutes Jan. 12, 1976 Mr. Nelson listed the following questions he would like the Fraser School representatives to answer, 1. what safeguards are provided to the Preserve tha: mentally ill will not be included in the fur»ro 2. is it realistic that 1 couple can care for 12 mentally retarded adalts, and 3. why are 12 persons/home wor1rab1c. when most feel 6 or less is pore desirable. Dave Anderson , a resident of The Preserve, asked if anyone under 21 would be admitted in the homes. Dr. Kowalcyzk said those under 21 will be discouraged because it Is felt most parents can care for the mentally retarded up to the age of 21. John Eergan felt Ordinance 289 should not be changed because small group homes are preferred. Jordan stated the State Law allows up to 16 persons per house. Wt ion: Lynch ;coved, Bearman seconded, to continue the proposal to the next Planning Commission meeting for a staff report on the proposal taking into account the comments this evening. The motion carried 6:0:1 with Sorensen abstaining. D. Edenvale 11th Audi_ tion, by Edenvale Incorporated, request for r=roning from FUD to R1-13.5 with lot size variances and preliminary plat approval for approximately 22 lots on 6 arms. The site is located north of the intersection of Woodhill Trail and Edenvale Boulevard. Mr. Peterson outlined the !site's location and the original a approval for PP i 32 bungalow units. He added that no further grading would be needed to adapt the land to single family. W. Zachman said .. e houses would `)e similar to Sumnerwoods and would have a garage option. ':he future garages would be in the ,ear and the 3 types of homes to Ire built would be; split entry, split level, and ramblers. Lynch asked how much the houses would sell for. Zachman respcnded approximately $ 361,000. Peterson stated no homecvner's association other than Edenvale's would be necessary. Sorensen asked how outside stcrage would be controlled. 7Arh%)jm .al d d-N-•-*•�•*T�r - - are being drafted to control outside storage. Notion: WM caved, bearman aecorA*d, to continue the item to the January 26th ontias for a staff "portz '!?:z ip.. �-Mriad :a fari10OUSly. 7,11 . . approved Planning Commission Minutes -12- Jan. 12, 1976 -vIL. PLANNERS REPORT. A. Community Development Block Gant for 1976, discussion of citizen participation, project selection and time schedule . The planner reported suggestions and input will be asked from . citizens, commissions, boards, etc. j B. 197E Comp;.pensive Guide Plan Update. The planner reported meetings would be held prior tn- final contract negotiations to determine where the City is heading. C. F.A.U. Road System for 19"6 , report on progress in classification of Ring Road and other City streets . The planner reported an application for Ring Road funding has been subibitted. D. Pro3ects anticipated in 1976 . Due to late hour this item was not covered. JIII. ADJOURNMENT. osnoc t moved, 8earman 2nd, to adjourn the meeting at 1:18 A?!. The motion carried unanimously. I " Respectfully Submitted P Y Jean Johnson • '? "y Za- 'era •e--T� - -a' r. r 7 ..