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1R�t AGENDA
Planning Commission
Monday, July 12, 1976
7:30 PM City Hall
Note : This agenda is subject to change, items may be added
deleted, or changed. For final agenda call Joan
Johnson at the city hall , 941-2262, Friday bef,)re
the meeting.
Invocation --- Pledge of Allegiance --- Roll Call
I. APPROVAL OF AGENDA.
II. MINUTES OF THE JUNE 28, 1976 PLANNING COMMISSION MEETING.
III. MEMBERS REPORTS.
A. Chairman Don Sorensen
B. Council Representative Pauly
C. Others
IV. REPORTS AND RECOMMENDATIONS.
A. Darkewald/Pr. Belvedere Request , request for the operation of a dental
clinic at 8480 Franlo Road in an existing single family home.
B. Area H of the Preserve 7.?mmercial Plan,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 A Sch000er Boulevard
and US 169.
C. Municipal Liquor, discussion as to areas where expected revenue might be spent .
D. Eden Prairie Family Recreational Center Signage Plan.
E. Guide Plan Update, discussion of Educational Seninars and sumaries of
Neighborhood Meetings.
V. OLD BUSINESS.
VI. NEW BUSINESS
YIi. PLANNER'S REPORT.
VIII . ADJOURNNFNT.
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MINUTES
EDEN PRAIRIE PLANNING COMMISSION
_approved
Monday, July 12, 1976 7:30 PM City Hall
MEMBERS PRESFNT: Chairman Don Sorensen, Norma Schee, Rod Sundstrom, William
Bearman, Sidney Pauly, Richard Lynch
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[EMBERS ABSENT: Herb Fo-Inocht
STAFF PRESENT: Dick Putna- Jean Johnson
I. APPROVAL OF AGE-HD:A
Bearmar. moved, Lynch seconded, to approve the agenda as published. The motion
carried.
II. APPROVAL OF THE MINUTES OF JUNE 28, 1976.
P. 2, sp. of Speilman.
Notion - should read, _ Bryant Lake Park and a connection . . .
Discussion - should read, may not be adequate, and if necessary a folded
diamond on Beach Road and Co. Rd. 62 would thereby be eliminated
and those fimds should be allocated to a bridge over 494 between
Beach Road and Baker Road.
P. 4, Discussion, 2P, should read, . . . grading and felt land can be developed .
P. S, V. ,A. ,3P. . should read, . . .to the fiscal crunch and pointed out the difference
historically between liquor and other businesses in relation to government and
other operations.
P. 6, it, should read, Beaman 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 abuse unit or center.
B. ,47. , shnuld read, . . . that the city may not be able to legally authorize
or ::ontract for a direct . . .
P. 79, VII . ,3i. , should read Beamman questioned whether gravel mining operations
were violating . . . .
Motion: Berman moved, Sundstrom s,- onded, to approve the minutes as written and
corrected. The motion carried 5:0:1 ( Schee abstained ) .
1II . .•tE1.4PERS REPORTS
A. Chairman Sorensen none
B. Council Representative_Pauly
1 . Pauly reported the CNR compromise plan had been approved contingent on
resolving the rezoning agreenent to mutual satisfaction.
2. Pauly reported the East/West Parkway Apartments was continued.
C. Others. none
IV. REUCATS AND RECO*ENDAT;ONS
A. Dar1.e-Ewald/Dr. Belvedere Request, request for the operation of & dental
clinkC at $480 Franlo Road i"vi an existing single family hang. - I
Mr. Darkenwald oultined the revised plan to the commission and pointed out where 4
parking stalls had been eliminated, tbat dreinage to Franlo Road, and stated the sign
would be an info tional sign, not an advertising sign.
Sorensen asked if the eliaination of the stal :s brought the plan in canform3nce with
the %etbacks. Darkenwald was unsure, but stated stalls S i 6 could elso be eliminated
to meet the setbacks and the gyration would have adequate parking.
approved
Planning Commmission Minntes -2- July 12; 1976
Sorensen then asked Dr. Belvedere if he would contract to a restriction limitine
the operation to a one gran office. Dr. Belvedere re-sponded yes.
Sorensen reaffirmed his opiniols that the City cannot cc....:ract a land, use contrary
to the Zoning Ordinance.
The planner stated the City Attorney and he concur that in the absence of a NICA
Ordinance or specific procedures , and with only PUD Procedures in Section 11 of
Zoning Ordinance 13S, ( this property is in the MCA and the MCA is a PUTD
to PUD Procedures ) , the City has the leeway in determining interim land uses.
Also, interim uses are covered and encouraged in the MCA PUD Plan. He said the
same logic was used in drafting the contract with Suburban National Bank. "
Sorensen questioned the Iegal justification and asked that in the future a written
opinion be submitted by the City Attorney.
Schee appreciated Mr. Sorensen' s concerns, but in light of the City Attorney's
guidance she would select Alternative A in the staff report.
Motion 1 :
Schee moved, Lynch seconded to recommend Dr. Belvedere enter into an agreement with
the City of Eden Prairie to allow the interim use of the existing single family
home as a one (1) man medical/dental office for five (5) years in conformance with
the June 15, 1976 site plan ( with elimination of parking stalls #s 1 ,2,S,6, 7 & 8, and
the future parking in the rear, as the Planning Commission believes 8 parking stalls
are sufficient for this operation) , and the staff report of June 13, 1976 . The
agreement would specify the terms and conditions under which the interim use is granted.
Discussion:
Sundstrom suggested approving the use contingent on the future MCA Ordinance.
Sorensen expressed the concern that the other single family7esidential lots may
expect similar consideration and small lot commercial is not the- intent of the
PUD Procedures or the Zoning Ordinance. He believed it would U injurious to the
single family owner who wants to retain the single family chit - -ter.
Lynch chid not feel the operation of Dr. Belvedere wovill be a dramatic change in
the . character of the neighborhood, and no opposi tiort been received from the
neighbors.
Mr. Stan Koehler, 11518 Leona Road, stated he would view a favorable decision on
this request as a precedence for the Leonv Read arec.
Sorensen stated , in his personal opinion, he views approval of this request an amendment
to the Zoning Ordinavi,;,e without a public hearing. He desired the staff completing the MCA
Ordinance as soon as possible so the commission would have criteria to judge such
requestZ.
Bearman believed a favorable decision could be applied to any neighborhood, and
did not see the basis for granting the request without an MCA Ordinance.
Vote on Motion 1 : The motion failed 3:3 ( Pauly, Schee,Lynch voted aye),, ( Sorensen,
Ion sty roar ,�Bearman voted nay ) .
Motion 2 :
Sornsen moved, Bearr.�an seconded, to recommend the tatty Council ima►edi at ely consider
adopting an ordtimnce amendment for a transition land use zone, or special use permit
process with specific criteria to pormit interim land uses in the MCA. The motion
carried 4 :2 ( Schee and Pauly voted nay ) .
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approved
Planning Commission Minuces -3- July 12, 1976
B. Area H of The Preserve Commercial Plar, 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 U.S. 169.
.The planner reported the staff report has been started, but is not complete, and
the Parks, Recreation and Natural Resources Ccm:aission still has no re:.ommenlation.
' Pon Ness said they have worked with the situation, and now would request if no report
is forthcominir: Area H be forwarded to the Council where the reports and recommt:naa-
tions could be sent when they are finished. He then asked that the item be continued
to the July 26th meeting, at which time he would make a presentation and the commission
could make a recommendation with, or without. a staff report.
The planner stated a number of issues are being covered- , i .e. ,Anderson Lakes' Park
delineation, open space, and cash in lieu of land for The Preserve in general and
in the PUD.
i ;s suggested the staff devote their time and staff report to lot 2,and hold the
report on lot 1 in the floodplain, in an attempt to speed-up action on lot 2.
The planner stated a report would be prepared by July 26th.
Motion:
Schee moved, Lynch seconded, to continue the public hearing to July 26th. The motion
carried unanimously.
C. Municipal Liguor
The planner reported Mr. Jessen does not yet have any .further information to distri-
bute.
Motion:
Schee moved, Bearman seconded, to continue the item to the July 26th meeting.
D. Eden Prairie Family Recreational Signage Plan.
The planner referred the commission to the June 2S, 1976 letter from Mr. Peterson,
and inf4tmed them the plan now includes 2 freestanding signs, one of which is the
McDonald !Sign, and the other sign is unknown at this time, therefore the exact
dimensions are unknown.
Mr. Peterson stated they are only requesting action on the sign program and not the
site plan, as the site plan has been approved by the Council .
Sorensen noted the sign exceeds the 80 square foot limit of the Sign Ordinance.
Mr. Assid, McDonelds, stated it is 98.9 square feet in size, 49 square feet of
which is the actual sign.
Lynch asked if McDonalds intended to place another sign on the building. Mr , Assid
replied negative.
Sorensen inquired if a small sign on a berm, similer to the one at Southdale Sgt»are,
could be used here. Mr. Assid replied negative becauss of the differences in the
sites, distance to the reads, and the speed of passing traffic.
approved
Planning Commission Minutes -4- July 12, 1976
Notion:
Bearman moved, Lynch seconded, to approve the revised signage plan showing the
proposed locations of the signs for the Eden Praiiie Family Recreational Center
with a change from the concept shown on the originally approved site Flan of
the three pylon signs, and approve two freestanding pylon signs for the two
convenience food restaurants along the south- side of the site , with specific
appproval of the McDonald sign, and have the second sign. return :or approval if
inconsistent with the Sign Ordinance.
Vote: The motion carried 5:1 , Sorensen voted nay.
E. Guide Plan Update, discussion of Educational Seminars and summaries of
Neighborhood Meetings.
The planner reviewed the upcoming seminars and referred the commission to the short
summaries of the five neighborhood meetings. The commission requested the full
length summaries .
V. OLD BUSINESS nave
VI. NEW BUSINESS
A. Lynch felt it may be desirable to have the City Attorney present when a
legal issue is, before the commission a7 the City Manager offered.
Sundstrom and Schee felt plan: should be reviewed by the commission, and the
legal issues could be dealt with by the Council where the city attorney is
present.
Sorensen felt in order for the commission to obey their oath to uphold
ordinances, statutes , etc. , they should be well aware of the legal que3tioas
involved in every issue and request.
Sorensen turned the chair over to Vice Chairperson Schee.
Motion:
Sorensen moved, SuTdstrom seconded, the Planning Zommi ssion adopt the policy to
request the presence of the City Attorney in cases where the Planning Commission and/
or staff feels there is reason to have legal ceunsel present . The miction carried
unanimously.
Sorensen resumed the chair.
V I I .P LANNEP.'S REPORT
A. Swendseen, may be request for a variance for outside storage i.n I-S District.
e. BernR- .i , the city hall has not yet received an application for the Bernardi
property which has received advanced publicity .
C. MPL, Flans to begin construction Thursday.
VI I. AWOtTMMFENC
Sundstra moved, Lynch seconded, to adjourn at 10 :39 PM. The notion ca.-ried.
Respectfully Submitted
Sean Johnson