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.