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Planning Commission - 09/11/1978 AUNDA Eden Prairie Planning Commission Monday, September 11 , 1978 7:30 PM, City Hall > : COMMISSION MEMBERS: Chairman Rod. Su4s.tre *t�z, etterath,* Mathpw"- Lewitt , P0-chards Lyhch, ,,Wi1.1 iam. Bearmari, 0aul Addpath, and 0W Martinson STAFF MEMBERS: Chris Erger, Planning Director; Jean John-son, Planning .Assistant:,t • Donna Stanley Planning SecretaP*y Invocation - Pledge of Allegiance - Roll Call. , 7:35 I. APPROVAL OF AGENDA — 7:40 11. MINUTES OF THE AUGUST 28, 1978 MEETIN6 ' 7:45 III. MEMBERS REPORTS IV. REPORTS AND RECOMMENDATIONS 7:50 A. Menard ' s Inc. , request to preliminary plat 9 lots on' approx!= ' matey 75 acres and rezone 13 acres from Rural to C-Regi•cna;l? Service for a Menard ' s Lumbpr Store. Site is located in northwest quadrant of Y.H. 5 and 1-494. A continued Public Hearing.. .;. :• . 8: 15 B. Eden Prairie Grocery, request by Haakon Nyhawer to rezone .the existing__ grocery store site, of approximately 1 acre, 'From RI-'22' to Community Commercial . 8:45 C. Consideration and discussion of vacating a portion of Eden Road 8:55 Y. PETITIONS AND RECOMM!END>1TI'QNS :. �z •''.``:"y - _ ~' s' ; " ...' 9:00 VI . OLD BUSINESS J, 9:05 VII . NEW BUSINESS 9:10VI I I . PLANNER' S REPORT 9:15 IX. ADJOURINIENT - MINUTES EDEN PRAIRIE PLANNING COMMISSION . MoiDAY, SEPYEMSER 119 1978 7:30oved PN, CITY HALL COMMISSION MEMBERS PRESENT: Chairman Rod Sundst Bill Beaman, Richard Lynch, Oke Martinson, Paul Redpath, Liz _ Retterath, and Matthew Levitt STAFF PRESENT: Chris Enger, Planning Director; Donna Stanley, Planning Secretary Invocation - Pledge of Allegiance - Roll Call - 1 . APPROVAL OF ArjENDA - NOTION: Redpath moved to approve the agenda as published. Bearman seconded, motion carried unanimously. II. APPROVAL OF MINUTES OF AUGUST 289 1978 MEETING NOTION: Lynch moved to approve the minutes of the August 28, 1918 - meeting as published. Redpath seconded, motion carried unanimously. III. MEMBERS REPORTS Sundstrom requested ofthe Staff, that at the time of Guide elan review, & tour be planned for Commission members which would illus- trate different building and development types and densities, IV. REPORTS AND RECOP+MENDATIONS A. Menard' s Inc. request to preliminary__plat_9 lots on. approxi- ma e y 7T akcres and rezone 13 acres from Rural to C-Regional Service for a Menard' s Lumber Store. Site is located in north- west quadrant of T.H. 5 and I-494. A conti-twed Public Hearing. The City Planner referred to the additional material received from Menard's on September 11 th, in the form of revised plans and communication from the Department of Natural Resources. He explained that ORR was concerned with the wetlands and the proposed grading of the site. . The Planner presented a series of slides of the site, taken from various angles and directions, ennhasiring the portiwt Y•"- ta tion and topography of the site. - Mr. Marvin Prochaska , representing Nenards , explained the changes they had made in response to August 28th Planning Commission concerns. The front of the grain building was pro- posed as walnut colored brick veneer, as well as the two ends of the larger warehouse building, - approved Minutes - Planning Commission - 3 - Monday, September 11 , 1978 A. Menard's Inc. (continued) Redpath co nnented on location of the Ring Road stating that it was a problem of past lack of agreement between property owners on the location of the Ring Route, dnd the current need for a petit from MR to fill . He asked whether it was the reco=mWation that Flenards be assessed for the Ring Road. The Planner responded that the Staff would recommend an agreement with Menards, that they will not oppose . -assessments made to them or future owners. He wanted to be sure that the service road would not preclude construction of the Ring Road or divide this quadrant from the Major Center Area. Redpath commented that his biggest concern was the outside storage. He explained that he had observed one of Menard's other sites, and felt it was very well done. Mr. Walter Carpenter, Minnesota Tree, expressed the desire to meet with the DNR and City Planner on the communication received, comment- ing that the water stood only about one foot in depth, and questioned that it coild be considered wetlands. He had also observed one of the Menard sites, and was favorably impressed with the development taking place around the site. He was totally in favor of the Menard proposal . The Planner stated that he had just talked with Ron Harnec, DNR regional hydrologist, and the area is classified as a type IV wetland. Any body containing over 6" of water and containing cattails and wild- life habitat over 2h acres in site is considered by W to be public waters. Mr. Cal Anderson, concerned property owner in the MCA area , asked why it was so difficult to get anything going in the MCA. He pointed out . the development occurring at the Prairie Village Mall , Mr. Steak and the other restaurants and that these are all outside of the WA. He pointed out that they were paying special taxes on their land, and since there is a need for a lumber yard in Edam Prairie, we should have one. Lynch asked whether concrete brick with a brick veneer was allowed by the Ordinance. The Planner responded affirmative (used catocrate block). MOTION: 01 : Redpath moved to close the Public Hearing on Remard's request to preliminary plat 9 lets on approximately- 75 acres. 8*armft seconded* motion carried unanimously. MOTION f2: Redp4th moved to recommend to the City Co;tci 1 approval of -Menard's re-zoning request of 13 acres from FWral to C-Regional Service for a Menard's Lumber Store es per the updated Staff repnrt of September TI ,- 1978 with the following chanoes: addition of wood scivenirg evince as part_ i' of recomndation no. 1 ; three faces of main building and ai ceicsory build- ing ba of brick or embossed concrete, wind the addition of tlit wo 9f possible" to recommemJa t l on no. 11 . - approved Minutes - Planning Cottmission - 2 - Monday, Sept. 11 , 1978 A. Menard's Inc. (continued) Mr. Dan Johnson. Suburban EnainpPrina, dicrieccod tha var•,inn C.-..+e"_ -- -• - •.7 ing devices they were using for outside storage, including natural screening by vegetation. He explained further the changes made from the original plat, that the property was extended 60' and the berm was increased in height by 10' along the sourthwest side, taking the berth 15' . Redpath suggested moving the building more to the edge of the site, rather than in the center to help shield the storage. Prochaska responded that they could not do this. The Planner pointed out that according to the grading plans , none of the 200 18"to 30" diameter trees would be left. he also explained that the woods area screening Menards from Valley View Road and the Topview residential area contains mostly elm trees , with a signifi- cant amount of dutch elm disease present. He commented that the screening is improved significantly according to the revised plan along the southwest edge of the site, but feels additional screen- ing along the north edge was needed to screen from two future western land uses. He felt it would be appropriate to rely on large canopy trees to buffer cutside storage from the top of the hill . He expressed concern rega rdir: the location of the service road and the major grading shown for the overall site. He requested a more precise grading plan showing less alteration of the eastern :art of the site. He referred to the letter received from the DNR, comment- ing that the City Staff had not been aware that the site contained wetland that was considered public waters. Levitt questioned nos. 4 and 6 of the Staff report update of September il , regarding the negative impact on the future development in the area and Rinq Route. The Planner explained that there will be an impact and it will set a precedent for outside storage. He explained that the City does not have a category which permits outside storage for this type of re- gional use even though there may be a need for this type of commercial . He emphas i zed that the plan should be looked at and handled as well as possible . He felt there should be a clear understanding about the implementing of the Ring Road and future owners should not oppose assessment, if warranted. Retterath inquired whether allowing the variance would set a prece- dent? Enger responded affirmative, and that to deny the same considera- tion to any other proponent may be considered arbitrary. Sundstrom asked whether it was the suggestion that the Ring Route be moved further vest because of the wetlands? The Plattner responded that the adjustment of the Ring Route to better soils and away from the wet lands closer to its original alignment should be considered. Al 3 proved Minutes - Planning Commission - 4 - Monday, September 11 , 1978 :A. Menard's Inc. (continued) DiSCUSSIUN Martinson requested counts from Menard representative on the Staff recommendations. Prochaska commented on the following points: no. 1 - the lots north of the Menard store were being "tipped" to provide screening; no. 2 - they do not intend to do mass grading and will try to save as much vegetation as possible; no.5 - they were reluctant to face with brick when the build- ing is facing into a hill - but agreed to go along with it; no . 6 - they are on the agenda of the Watershed District; no. 10 - he commented the!,- may wish to dedicate land in lieu of cash; (The Planner pointed out th,� � this is not a suitable area for a park and stated that the cash park fee would be more appropriate) no. 15 - feels this point has been accomplished through the screening devices pointed out by Mr. Johnson, of Suburban Engineering; and on no. 16 - they do not feel the need for additional parking is present. The Planner responded to Prochaska's comment regarding point no. 1 . He explained that the waiver they were requesting from the Ordinance, screem- ing must also be accomplished from public 'roads and adjacent road uses. Redpath suggested the use of a wooden fence to ccomplish this -equirement, and asked whether this would be satisfactory to 'iena rds . Prochaska agreed to this, and it was added to ' MOTION #2 and MOTION #3. Sundstrom asked whether Menard was willing to change the grading plan concept. Prochaska responded that they were willing to change anything basically outside of the Menard site, explaining that the plan is not the final grading plan. The Planner pointed out that more specific grading information was needed by the Staff for review. He explained that many of these requirements are part of building permit procedure and that Menards $;ad agreed with the Staff at one time in previous conversation that three sides of the building would be brick or embossed brick, and that according to the Ordinance all faces should to brick. The Planner requested a copy of the site line chart as presented by Mr. Johnson. The question was called and the VOTE was taken. The motion passed 4-3, with Sundstrom, Levitt and Bearmar: voting "nay". MOTION: #3: Redpath moved to recommend to the City Council approval of the preliminary plat of 9 lots on approximately 75 acres as per amended Staff report of September 11 , 1978 and revised plan received from Menards on September U , 1978. Martinson seconded, motion carried 4-3. with Sundstrom, Bearman, and Levitt voting "nay". v ynapproved 4, 10nutes Flanning Cmmission - 5 - Monday. September 11 , 1978 8. Cden Prairie Grocery, request by Haakon Nyhammer to rezone the ex st nq grocery store site . of annrmy4mataly 1 aera Or•..." o, _')0) to Community Commercial . Mr. Haakon Nyhammer, owner of the Eden Prairie Grocery, presented his request, explaining that the store has been in existence for twenty years, and that the reason for his request for rezoning was to protect his interest, noting that if the store were destroyed it could not be built under the present zoning. He explained in general terms his intention of re-building the store to meet• the requirements of the Ordinance and also to keep within the character of the neighborhood as far as the design of the store. The Planner discussed the proposal , explaining that it was a two- fold request, and that it is mostly a land use question in this case. It has not been zoned commercial in the Guide Plan. He explained further that the Stuff has primarily one concern, and that Mr. Nyhammer, the proponent, has no definite plans and that it is difficult to re- view the request without a plan. He noted the neighborhood support and the Staff' s reeling that an upgrading of this use would be a ''step in the right direction" . He explained the right-of-way concerns of the Engineering Department. Bearman asked lyhammer whether he had a time frame in mind. Nyhammer responded he would like to know where he stands. and he then intends on making plans for a small neighborhood convenience store that would comply with the City Ordinance. Martinson asked the reason for the three year limit referred to in the Staff report. The Planner responded that the original owner started out in a garage and was not i i, Lu+i i vi ename with the Ordinance, and that it still is not in conformance. The purpose of the three year limit is to „^* cnrl^^" *"c use as it is today. MOTION: Redpath moved to recommend to the City Council concept approval for the proposed land use for a new building , with no rezoning until specific plans are submitted under the guide lines of the Staff report of September 8, 1978. Bearman seconded, motion carried unanimously. C. Consideration and discussion of vacating a portion of Eden Road The Planner explained the background of the proposed vacation of Eden Road and answered questions of the Commission. NOTION: Redpath moved to recommend to the City Council approval of Uw vaac:o%ion of Eden Road as per the 9/1/78 Engineering report. Lynch seconded, motion carried unanimously. VI. OLD BUSINESS A Bearman requested the status of the Super Yalu/Co. Rd. 18 proposal . The Planner responded that the Staff is waiting for the County to complete the intersection design. i vupproved Minutes - Planning Commission - 6 - Monday, September 11 , 1978 1 0 The Planner respandtd to the question on the status of Riverview Road cul-de-sating consideration. He explained that the Council has directed that a temporary barricade be erected, and that after meeting with representatives of the DNR and looking at the landslide that had occurred below the Sanitary Landfill , the;; will be required to restore the erosion. VII. NEW BUSINESS Lynch requested that the letter received from Kevin McCartan be entered into the Minutes , and than an answer be sent. Eager agreed to drafts letter in response to McCartan for the Commission signatures. VIII . PLANNER'S REPORT Enger informed the Commission of the letter received from the EQB stating that no Environmental Statement on the Bachman-Anderson site was required. IX. ADdOURWENT MOTION: Bearman moved to adjourn at 9: 30 PM. Lynch seconded , motion carried unanimously.