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Planning Commission - 06/28/1976 mar as ' 710 3 A G E N D A Eden Prairie Planning Commission Monday, 3une 28, 1976 7:30 PM, City Hall Invocation Fledge of Allegiance --- Roll Call I. APPROVAL OF AGENDA. II . MINUTES OF THE JUNE 142 1976 PLANNING COMMISSION MEETING, CONTINUED TO JUNE 21 . 11I . MEMBERS REPORTS. A. Chairman Don Sorensen R B. Council Representative Pauly. C. Others IV. REPORTS AND RECOMMENDATICNS. A. Crosstown Extdnsion, from Shady Oak Road to I-494 . Consideration of access to Be,-M h/ Cooley Road. Discussion of staff report and Hennepin County response. B. Homeowner' s Associations , consideration of process to be used for HOA. C. Condon/Naegele Realty , discussion of revised site plan for commercial - development along I-494 and south of Smetana Lake. D. Area H, The Preserve, continued public hearing. Request to preliminary plat Area H into 2 lots and to rezone one lot to C-Regional Service. The site is located in the southwest quadrant of Schooner Boulevard and US 169. V. PETITIONS AND REQUESTS. A. Municipal Liquor, discussion as to areas where expected revenue might by spent. E 8. Darkenwald/Dr. "elvedere Request, request for the operation of a dental clinic in an existing single family home at 8480 Franlo Road. C. Planned Study in Southwestern Eden Prairie. ILI VI. OLD BUSINESS. VII . NEW BUSINESS. ML VIII. PLANNER'S FEPORT. IX. ADJOURNMENT. MINUTES EDEN PRAIRIE PLANNING COMMISSION approved Monday, June 28 ,1970 7:30 PM City Hall MEMBERS PRESENT: Chairman Don Sorensen, Rod Sundstrom William Bearman, Richard Lynch, Sidney Pauly, 'Herb Fosnocht MEMBERS ABSENT_: Norma Schee STAFF PRESENT: City Manager Roger Ulstad; Asst. Planner Chris Enger; Research f Asst. Betty Johnson; Director of Community services Marty Jessen; Planning Secretary Jean Johnson. I. APPROVAL OF AGENDA. Sundstrom moved, Bearman seconded, to approve the agenda as submitted. The motion carried unanimously. Ii . MINUTES OF THE JUKE 142 1976 PLANNING COMISSION ;MEETING , CONTINUED TO JUNE 21 . P. 1, II . , should read ( Pauly and Schee abstained ) . P. 2. add a iP before the Motion "Sorensen asked if a transit stop is dctermi.ned to be necessary on the MPL site, would MPL donate a reasonable amount of land for that purpose. MPL responded affirmative." [motion should read, . . . the concerns of this body, the staff report, . P. 3, Sit, should read-trips/day are expected ( in year 2000 ) , . . . . 9P, should read- . . , estimated to be 3-4. million , one million of which is the cost of the bridge to span I-494. P. 6, add a P after the 3 P, "Sorensen asked the planner if the land in question was zoned RUM 2. 5, or if the land had concept plan approval . The planner responded the land is zoned RM 2.S." 8P, sp. of responded. P. 8, 6P, should read Dave Dorley, Sun Newspaper, . 8P, should read- for improvement and a number of substantial concerns still exist. Before Motion add P to read " Mr. Hess was asked if he objected to a continua- tion of the public hearing. Mr. Hess replied lie would not object to a continuation. F. , 2P, should read - . . proposal as 2 freestanding signs at the. south . . . Add a P, .iP from the bottom of page to read, " Sorensen asked for the exact vimension of the sign . No one was able to provide the exact dimensions . P. 9, Add P before Motion to read, " Sorensen believed the freestanding individual use signs are in direct coeiflict with the previous approval and provide no benefit to the City." Moti." , should read- replacing it with 3 freestanding identification sips for. the 2 fast food restaurants, My t i on arman roved, Sundstrom seconded, to approve the minutes as written and corrected. The ±motion carried 4 :0:2 with Lynch and Fosnocht abstaining. 111 . HERS Rf POM'S A. Chairman Dar. Sorensen 1. Sorensen asked that the staff investigate the grading across from. the M'thodist Clinic and determine if it complies to the plan approved . 2. Sorensen asked that the staff convey to the developers and strongly aAere , as often as possible , to the past established policy of having agenda items amid materials to the city offices 9 days prior to the meeting date and out to the commission for their review. Then the agenda could be pub l i s hied for the public's i n formation. It was the consensus of the comAission that items And materials should be in to the city office at least 9 days prior to meeting date. _ -• _ .._ . 'v"wpw;w•. _.ry.ry a,*7• _�..:..Fr.-. F +-: ^7-. _ _ _ _ �. - ._ y.,•, y. .r _SOH ,. /4- y approved . Planning Commission Minutes -2- June 28 1976 3. Sorensen asked that the staff complete the details of past administrative subdivisions as requested by the Board of Appeals and Adjustments. B. Council Representative Pauly. 1. Pauly reported the Neill Lake item was continued to the Council 's July 6th meeting because not enough members were present to vote. Mr. Ulstad reported the Edenvale Signage Proposal was not on the Council 's June 22nd meeting and Edenvale will be submitting the request back to the .:ar��issior�. IV. REPORTS AND REC041ENDATTONS. A. Crosstown Extens -on, from Shady Oak Road to I-494. Consideration of .access to Beach/Cooley Road. Discussion of staff report and Hennepin County response. Mr. Don Speilman., Hennepin County Public Works Department , stated the county is seeking the City's approval of the revised plan and the right to proceed with the acquisition of right-of=way. He stated Minnetonka has given such approvals already. The cost of the project is estimated to be 4 million dollars and construction is not expected until 1980. Bearman expressed concern that if the present estimate is 4 million, and construction is not expected until 1980, the figure could go much higher. Sundstrom expressed concern regarding the stoplights . Mr. Speilman said the access of Beach Road acid the Crosstown appears to be the most workable plan , but it could be modified in the future if necessary. Lynch expressed concern about the on grade crossings and stoplights . He did not feel the revised plan was a workable design and preferred Alternate A in the staff report. Speilman informed the commission the school board had requested Beach road' s access be signalized,pand the Metro Council has classified the road as a mir,".-Or arterial with grade crossings. Sorensen asked if the 4 million estimate included the cost of the bridge over 494. Speilman responded negative. Sorensen expressed concern about the safe stopping distance between the proposed stoplights. Speilman responded the road will have advance warning signs and the distance of 700 feet is adequate. Notion: Barman moved, Sundstrom seconded, to recommend to the City Council Alternate A of the May 20, 1976, staff report with no access for Beach Road to the Crosstown,instead access to peach Ruud via connection of beach koad east to Rowland Road through Bryant Lake Park and a connection west across 494 to Baker Road, C.S.A.H. #60. Discussion : lorensen urged the County to consider that the $ 250,000 figure for the bridge -construction over 494 may not be adequate and if necessary a folded d;amond_ on Beach Road and Co. Rd. 62 would thereby be eliminated and those funds should be allocated to a bridga aver 494 between Beach Road and Baker Road . Vote: The motion carried unanimously. . ._„,,y. -.rd..-...... _.-s.rat.•�.+r'F!Trvi•w+n.r,-nt.•�q►y.,yy....n.-.n.-y-��:. ,Y,��..•..�—p .� _. .>>:. ...wa tr s+�tlt2.••- ._.•.�`V•. �tr�' n'!""Lw'•�s:,�.r....• 'R� "S'•�:7"!" ^• r"t �..t'!'t'ZS^^r"'•_. ...� approved Planning Commission Winutes -3- ,tune 28, 1976 B. Homeowner's Associations, consideration of process to be used for HOA. ;y .A Airs . Betty Johnson, Research Assistant, reviewed the material distributed to the commission. She believed the city can play an important-part in homeowner associa- tionti success. Present problems are lack of experience , lack of knowledge on the buffers part of what he is getting into, full disclosure by the developer_„ and tools to enforce homeowner's commitments . She listed the 3 stages of homeowner associations as the honeymoon, the awakening, and the coming of age. She felt the city could acquire additional information frog federal agencies and surcessful homeowner associations in the area. Lynch felt buyers are told only the good aspects of homeowner associations , and not the negative aspects. Roger Ulstad stated homeowner associations are new to the mid-west, but have been in existence in other states for many years. He believed Pemtom has the most extensive and complete documents and the city would benefit from their experience and research. Pauly suggested the homeowmer association review be incorporated in the Comprehensive Guide Plan Update through the use of consultants , interested citizens, and staff. Lynch questioned if such a process would add to thepresent cost -.f the update. Sorensen also felt such a review would be costly, and suggested staff, and interested citizens and individuals do the investigation of questions and answers and formulate a recommendation to the Planning Commission and City Council . He believed homeowner association documents should be tailored to the 4 types of associations , ( single family attached, condominiums, townhouses, large umbrella association `) , and filed at the coLnty. Sundstrom asked if the size of a homeowner association and its relative success a:e related. Mrs. Johnson replied the most important factor in success is the assistance the association receives during its formation. Sorensen felt It would be beneficial to have a cost outline as to the cost of the review to the city, developer, and association uitmbers. -- Sundstrom questioned why the city would have to get involved if a association failed to carry aut maintenance. Mr. Ulstad replied the city would take charge in order to protect the health, welfare, and safety of the community. - Notion : Lynch moved, Bearman seconded, to recommend to the Council that the homeowner's association review be incorporated into the CemprPhenti a rs_a. via^ Lrd;:e process through the use of consultants, interested citizens, and staff Discussion: midst om questioned if participants from various boards and commissions would be part of the review group. Bearms n suggested the review begin with the staff outlining specific problems ; conditions , and recommendations. Lynch agreed Sorensen questioned if the staff would have the time considering their present work lead, and the City's ability to pay a consultant. Pauly asked Mrs. Betty Johnson for her advice on where the review should begin. She replied the staff should do further research to gain knowledge •nd advice. R '7W �!�. ?�'" approved Manning Commission Minutes -4- June 28, 1976 Sundstrom called question on the notion. The question carried' una.nieously. Vote: The motion carried unanimously. C. Condon/Naegele- Realty, discussion of revised site plan for co=crcial develop- ment along I-494 and south of Smetana Lake. 11r. Enger referred the commission to the revised development plan contained in the 6-24-76 memo from the planner. He felt the revised plan was better than the original as it requires less grading, less floodplain encroachment, and only 2 possible auto dealership sites. Mr. Ulstad informed the commission the state is in the process of a design study for approval by the Federal Highway Department, and then the city must begin with right- of--way acquisition for the ramps , He believed if comdemnation was necessary for the 5 acres controlled by CNR the cost would tie excessive to the City and landowners, ( approximately $ 2. 00-2.50 / sq. ft. ) . Sorensen did not believe the cost of comdemnation would not be that high, instead it would be closer or under $2 .00 / sq. ft. Pauiy felt comdemnation prices frequently are higher than market price. Lynch felt the degree of grading was necessitated by the auto dealership use and that office or hi-rise would require less grading. Mr. Ulstad replied that the material must be removed to construct Schooner Boulevard and the ramps. With the 40 foot cut required by the raaaps and Schooner Boulevard, Fosnocht did not feel the additional grading was objectionable. loot i on : Lynch -moved, Bearman seconded, to -recommend the Council deny the revised CNR develop- r sent plan ` contained in the staff memo of 6-24'- 76 ) , because there are other types - of development to be accomplished on this property which would not cease the cut to be extended into the easterly part of the property. Discussion : dearman questioned if the issue of right.-of -way acquisition should also be addressed. Sorensen felt the revised plmt with less floodplain encroachment and less grading on the !aQte1'':: ^t ^c :`Cir Z:&ta? Is a better plan. f'iow:: vr, he stated he is in favor Of MP denying the request as it contains unnecessary grading and felt the lQnd can be developed without any floodplain encroachment with uses more adaptable to the site. He believed the unique landforms of the MCA should bt protected and did not feel this was a reasonable tradeoff or sufficient improvement to the plan. He stated he realizes the city' s road commitments and obligations to adjoining landowners in the MCA, but believes the city also has commitmetts to the Smetana Lake people. the Guide Plan, &M the Purgatory Crock Study, He hoped CtiR would recognizes these concerns on this parti- ular land use and would cooperate to facilitate other uses. t L approved Planning Commission Minutes -5- June 28, 1976 *Mr. Pepin, legal counsel for CNR, stressed the fact that the develo ment plan before P 8 P the commission was done by the city staff, not CWR. Mr. Sorensen replied affirma- tive and asked if CNR had seen the plan and are somewhat acceptable to it . Mr. Pepin rP.+l A#i 7FF� ra,�� •ro ---r -- ...�� Vote: The motion carrie,' 4 : 1 : 1 , Fosnocht voted nay , Pauly abstained. D. Area H, The Preserve, continued public hearing. Request to preliminary plat Area H into 2 lots and to rezone one lot to C-Regional Service . The site is located in the southwest quadrant of Schooner Boulevard and US 169 . Sorensen stated no Parks , Recreation and Natural Resource Commission recommendation has been received. Mr. Hess stated the item is not on the Park & Recreation's agenda. fir. Jessen informed the commission the staff is reviz:.:ing the project with the Preserve and there is still work to be done. Sorensen inquired if The Preserve wished action within 60 days of submission . Hess replied that different questions have arisen and The Preserve would prefer continuing their discussions with the staff. Motion : Bearman moved, Sundstrom seconded, to continue the public hearing on Area H to the July 12t_h meeting for a staff report . The motion carried unanimously. -- ----- Pauly excused from meeting -- ------- - PETITIONS AND REQUESTS. A. Municipal Liquor, discussion as to areas where expected revenue might be spent . Marty Jessen reviewed the May 28, 1976 , memo with the commission. He informed the commission the city voted a split liquor option in 1971 , and if the city 's population exceeds 10,000 by the year 1980 , then_ the City must have another referendum. He asked that the commission consider the municipal liquor issues of timing, location, and use of the revenue. Sorensen questioned what type of bonding the city would have on the employees. Mr. Jessen replied it would be similar to Edina' s and Richfield's . Sorensen , referring to the Council Minutes of June 8th, stated he did not personally speak in favor of municipal liquor, but rather had asked the city council to consi- der municipal liquor due to 'he fiscal crunch & Pointed out the difference historically between liquor and other businesses in relation to government and other operations. Lynch felt the $ 65,000 figure for fixtures was high , and the figure for inventory was law. Bearman felt the figure was not high for fixtures even with some fixtures being supplied by distributors . Bearman asked if any distributors other than the one mentioned in the memo had been contacted. Mr. Jessen replied he would be contacting ocher distributors . Sundstrom asked if the MCA location had been considered. Mr. Jessen replied the MCA would be a very good location for a second store in about 5 years. Sorensen hoped the revenue from municipal liquor could be used to lower local taxes. Lynch felt the time is as good as any and the location is good. " ��J f'+?a .fC"�"JN-X x '7"�!l'.i'`+i-'�.,� TMr �� 'i..., ate'-" �"C' �4 i;y.NjL'f'. SJ+•-. 3h. 'approved Planning Commission Minutes -6- June 28, 1976 Bearman did not feel the City should get involved, but if the City does , he felt the timing is good, location good, and if we have to the revenue should be used for an alcohol chimp emit nr rpntov. Sundstrcm felt the timing was good, the location good, and hoped the revenue could be used 'or reducing taxes . Sorensen stated he is unsure at this time if the timilig and location are good, and asked the staff to du further research on the ite:it. Mction : Bearman moved, Fosnocht seconded, to continue the item for additional information on figures and use of the revenu.e. B. Darkenwald /Dr. Belvedere Request , request for the operation of a dental clinic in an existing single family home at 84F0 Franlo Road . Mr. Darkenwald informed the commission the home in question is a colonial built 12 years ago and past rentals have proved unsatisfactory. He outlined the floor layout , bituminous surface parking in the front , future parking is the rear & the har,dicapj)ed parking on the lower level . He stated the neighbors he has talked to have no objection to the use, but Mr. Westerhaus expressed a concern about the water drainage onto his lot . Darkenwald felt proper grading and curbing would drain the water to Frame .,oad. Mr. Enger stated Mrs . Wester taus called the city hall and expressed a concern relative to the inadequate cesspool at 8480 Franlo Road . Darkenwald agreed that problems were encountered with the cesspool when large families were renting the house, but he did not believe a dental office would use as much water and it would only be open during office hours. Mr. Ulstad stated water and sewer may be possible if the area residents desire it. Mr. Darkenwald stated he would like city water and sewer. Sorensen expressed concern th,.t the city may not be able to legally authorize or contract fof a directviolation of the ordinance and the city needs to complete the MCA ordinance- where such transition uses can be -overed. He was not in favor of the layout as it showed front yard parking , and inadequate setbacks. He suggested the legal impli- cations be addressed the city attorney. Bearman wished more information on the ces:.•pool problems and the amount of water a. dental office would require. Mr. Roth, 8460 Franlo Road, stated he has no reaction yet to the plan as he has not seen it. Bearman asked if the dental office would request signage. Darkenwald replied yes. Sorensen stated his concerns are the proposed setbacks, the legality, the cesspool system, water drainage, signage, and parking. Motion: 40 Bearman moved, Sundstrom seconded, to continue the item to the July 12th agenda and have the commission' s questions answered at that time. The motion carried unanimously. -,7e.`'t- _. .r :ara.'.��u°t�`+al--sl��✓ ' ^•' �'f`.�t+.�'�a.'�'''�!a-.T• :.s� .r_-.1. : y�y-,,...yy,,r- ;�...,�Js:-. -:' . ':s...��'eT.-�-a,�5-iiiiW3-'� .".: 7� approved Planning Commission Minutes -7, June 28, 1976 C. Planned Study in Southwestern Eden Prairie. the com,nission briefly discussed the Planned Study District and the general locatior_ of the property in question . They asked the staff to compile the exact legals for the property involved. _Motion : Lynch moved, Sundstrom seconded, to recommend the City Council reinstate the property in Planned Study for 1 year or until the completion of the guide plan update which ever comes first . VII . OLD BUSINESS Sundstrom asked the staff to investigate the sign violations occuring :n the city advertising zoned land for sale that is not so Zoned. Sorensen asked the staff to check the buildings along Co . Rd. 4 which are in violation of the ordinance. Be.:rman questioned whether gravel mining operators were violating agreements and ordinances . , He suggested the staff investigate and assess the cosy of inspection back to the owners . ";R .NEW BUSINESS. VIII . PLANNERS REPORT. None I X. ADJOURNMENT. , Sundstrom moved, Bearman seconded, to adjourn at 12 : 1S AM. Respectfully Submitted Jean Johnson