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Planning Commission - 12/18/1973 AGENiDit EDF'N PR AIRt1: PLANNING CO-,\,,MISSION TUESDAY, DECEMBER ?8, 1973 7:30 p.m . , Eden Prairie Village Hall - INVOCATION - - - PLEDGE OF ALLEGLANCE - - - ROLL CALL COMMISSION MEMBERS: Chairwoman Norma Schee, Wayne Brown, Don Sorensen, Richard Lynch, Don Teslow, Joan Meyers, M. E. Lane COMMISSION STAFF: Dick Putnam, Village Planner I. MINUTES OF DECEMBER 4 , 1973 , MEETING. II. PETITIONS AND REQUESTS ':35 p.m: A. Ordinances submitted for comment and review. ___1.._-.•. Tor sE•-^rd :�a:?<:;e -2 . Flood Plain Ordinance III. REPORTS AND RECOMMENDATIONS :45 p.m A. Eden-vale South P.U.D..reyi-s-e.d_con a-per place for 2.-00--ad e-P.U.D, located east t: of T.Hwe 169 and west of, Prp-serve. Request P.U.D. approval. Staff Report and Commission action. :25 p.m. B. Browning Ferriss Ind��stries, requesting' deveiopmer;t-stage and rezoning approval from P, U.D. 70-0.1 to Industrial Park I-7._fcr 12 acres located southeas:t_of_ Flying Cloud. Airport adjacent to U. S. 169. Staff Report, Commission action, and r' revised site plan. 0 P. C. Hennepin County Highway Department, Crosstown 62 Extension from Shady Oak Road to I-494 and revised system plan. Update on Staff work regarding environ- mental impact analysis . 1;15 p,m`. . Basswood D1 site for apartments located in the Preserve. Request rezoning to RM 2.5 for 255 units on 17 acres. Discussion of plan with suggested modifications. IJ. PETITIONS & REQUESTS 1:45 p.m. , A. Evaluation of Mr. Tohn Suback's request for liquor license and restaurant development located at corner of Martin Drive & Baker Road in Edenvale. The site would be rezoned from I-1 Park to C-Com. Community Commercial if the license.is granted. Staff report - to be distributed 12 B, ReC1u.e5 BrL'ce-Bill ;oi i?1C)Cica1`-.* 1'i? lP.i?j: iJ lU:'cLE' iSE rTnf 1.0{2 tJn-"S�9t:i'fl of 169/212 , north of Riverview Road. Commission action. h V. ADJOURNMENT: • y MINUTES EDEN PRAIRIE PLANNING COMMISSION TUESDAY, DECEMBER 18, 1973 7:30 p.m. , Village Hall MEMBERS PRESENT: Norma Schee, Wayne Brown, Don Teslow, Richard Lynch, Don Sorensen, M.E. Lane MEMBERS ABSENT: Joan Meyers STAFF PRESENT: Richard Putnam, Village Planner I. MINUTES OF DEC EMBER 4, 1973 , MEETING. Correction: page 6, paragraph 2, last sentence should read: .". . .four lane. . ..". Moved by Lane, seconded by Teslow to approve the minutes as corrected.for the December 4,_J.973, meeting. Five voted yes with Sorensen abstaining. = A. THE NEXT MEETING WILL BE HELD THURSDAY, 1/3/74. - II. PETITIONS AND REQUESTS: A. Ordinances Submitted for Comment and Review: 1 . Horse Ordinance: Mr. Jessen, Director of Parks and Recreation, briefly outlined the provisions of the ordinance, indicating that it had been worked out jointly with the Horsemen's Association and reviewed by the Park & Recreation Commission. Members of the Commission raised a question about the provision for horses on 1/3 acre lots in rural areas and this may set a bad precedent • allowing horses on smaller lots, _ Jessen and .Putnam indicated that the provision for 1/3 acre would only apply to existing rural areas, in that no new platting or development of housing would be allowed on less than 5 acre tracts, as provided in Ordinance No. 135 . Also, the 1/3 acre clause was included to allow a few people,in the municipality todaytthat have smaller lots in rural areas,to continue to keep their horses, and would not in any way encourage new development. It was also pointed out that in zoned residential areas two acres was minimum to stable a horse and not 1/3 acre. Moved by Teslow, seconded by Lane that the Planning Commission recom- mend approval of the Horse Ordinance as submitted to the Village Council. Motion was approved by a vote of 4 ayes (Schee, Teslow, Lynch, Lane)., Sorensen no, and Brown abstained. 2 . Flood Plain Ordinance: Al Gebhard of Barr Engineering, watershed district consultant, and Marty Jessen were available to answer questions related to the Flood Plain Ordinance. Questions previously submitted by Mrs. Meyers were asked, and answered by Gebhard and Jessen. The Commission asked that Mr. Jessen call Mrs. Meyers and explain the answers given • upon her return. . Other questions raised were: 1. Should a prescribed width of 100. ft. .setback from the creek be' stated in the ordinance or would it be better to use a reasonable, logical distance relationship. Planning Commission Minutes -2- December 18, 1973 • 2. Would it be better to amend the map occasionally where flood plain modifications occur or the ordinance itself? • 3 . Should there be a variance section in the ordinance, page 12, for procedures? 4. Page 16, item 3.should be checked with the Village Attorney for his opinion. 5. Skip Lane questioned the section that says: in non-conforming uses, the loss of the property more than 50% by fire would mean that the use could not be rebuilt . He was not sure of the equity of such a policy-and that the loss by the landowner could be substantial. 5. It was brought up that the map should be dated and cross-dated with the ordinance so it was kept current. 7. It was suggested that in some ordinance or standards, the Village should set forth design specifications for holding pond areas so that bodily injury does not result. This might best be accomplished in Ordinance No. 93. 8. The question about assigning development rights to each acre of flood plain and allowing individuals to purchase these development- rights for development within the flood plain might solve the problem of the 20 or 15% encroachment dilemma. Gebhard responded that this has never been attempted to his. knowledge in any watershed. policies but seemed to be a possibility. • Moved to hold the Flood Plain Ordinance over for the answers. to the questions raised until the next meeting.. III. REPORTS AND RECOMMENDATIONS: A. Edenvale South Planned Unit Development. Revised concept plan for 200 acre P.U.D. located east of T.H. 169 and west of The Preserve, requesting P.U.D. approval and rezoning to P.M-6.5 for a first phase single family subdivision. The Staff Report dated November 27, 1973, was discussed and the comments from the December 4, 1973 , Planning Commission meeting. Mr. Peterson reiterated that Eden Land did not intend to dedicate the 11.5 acre outlot and that they would commit themselves to a broad mix in housing, utilizing whatever market or subsidized programs would exist. Putnam indicated hat the amount of usable open space without the 11 .5 acre outlot is son ewhat limited and that the Village should commit to an assessment concept that would allow Edenvale to dedicate the 11.5 acre outlot without jeopardizing the assessments for the entire area. Also, the method in which payment for the East/West Parkway will be handled should be discussed with adjacent landowners and the Village. Action: Moved by Lynch, seconded by Schee to accept the P.U.D. concept plan for the Edenvale South P.U.D. dated September 25, 1973 , based upon the entire Staff Report dated November 27, 1973 , changing items 16 and adding 17 as follows. Planning Commission Minutes -3- December 18, 1973 16. Require that site preparation begin on the single family sites no later than one year after approval of zoning for.any of the sites. If these steps are not taken, the P.U.D. approval is void and the . rezoning reverts to Rural. 17. Building permits not granted until negotiation on the East//,West' Parkway has been completed to the satisfaction of the inw lved parties. A unanimous vote of approval (6-0) resulted. B. Browning Ferriss Industries. Requesting. development stage and rezoning approval from P.U.D. 70-01 to I-2 Park for 12 acres located southeast of Flying Cloud Airport, adjacent to U.S. 169. The Planner referred to the Planning Staff Report dated December 4, 1973, in which the BFI proposal is discussed in great detail. He also indicated the revised plan given to the Commission and dated. December 18, 1973 , which moves the buildings and the road back from the bluff site as requested in the initial staff report. Discussion of the implications of granting zoning and development stage approval in this P.U.D. without utilities was discussed, but the overriding factor wa use of this site for truck storage, maintenance of vehicles, • office use, and paper recycling as functions integral to the operation of the landfill and, hence, necessary for ihe operation. Also, the land hold agreement and non-development of the remainder of the property were important considerations in any action. Action: Moved by Tesiow, seconded by Lane to recommend to the Council approval of the Browning Ferriss Industries development stage application for 12 acres for the use.of truck storage, paper recycling, truck maintenance, and limited office based upon the staff report dated December 4, 1973, and the revised site plan so dated 12/18/73 with the addition of two items: 5 . The developer is liable for future costs of any improvements that are considered essential to the site, such as sewer, water, roads, etc. 6 . Require BFI to acquire topographic maps for the area not within the landfill operation and to update their topographic data as the fill operation is completed, this to be accomplished during 1974. to aid in joint planning :with other developments. Action: Five Commission Members voted yes, Brown abstained. The motion passed. C. Hennepin County Highway Department. Crosstown 62 extension from Shady • Oak Road to I-494. The Planner asked that this item be tabled until the next meeting to allow further time to evaluate the environmental impacts and the County's traffic analysis information. Planning Commission Minutes -4- December 13, 1973 D. Basswoods dl site for apartments located in The Preserve. Since not all of the development team were present, this item was delayed until the end of the agenda. IV. PETITIONS AND REQUESTS: A. Evaluation of Mr. Tohn Suback's request for a restaurant and rezoning of the property located at the corner of Martin Drive and Baker Road in Edenvale. Mr. Suback and Mr,Lyle Landstrom, architect, were present to explain the project in Edenvale. The developers. presented the site plan for the restaurant with 150 car parking and approximately 6,200 sq.ft. on the first floor for restaurant use. Mr. Suback indicated his extensive back- ground in restaurant operation and his desire to be a part of the Eden Prairie business community. He felt the site had many merits on its location and would provide an excellent site for his.use. Questions were asked relating to the adequacy of parking if the 2.2 acre site was maximum usable area; also the expansion capabilities of the site were discussed. Mr. Suback felt that there would be a considerable amount of walk-in trade due to its location within the industrial area and felt the parking was sufficient in that it was over the requirement of the Village ordinance of o car per three seats. • The Planner indicated that he would do research into parking requirements for restaurants within the Metropolitan Area as well as other considerations on this site and would have a staff report to the Commission at their next meeting to be held January 3 , 1974. The Commission referred the Suback restaurant location application to the Staff for a report by the next meeting. B. Request by Bruce Brill for the relocation of Kingdale Kennels, south of T.H. 169/212 and north of Riverview Road. Mr. Brill presented the grading and plan proposed for the location of two single family homes for himself and assistant in the kennel operation and the kennel, which would be on an approximately 100' x 100' pad, set back more than 50 ft. from Riverview Road. He indicated that the buildings themselves would . sit 50-60' below the grade of 169 and would not be visible from that location. He explained the work he had done with Pat Kennedy from the the Soil Conservation Service in having the plan designed to reduce any erosion possibilities and in fact enhance the erosion problems on the site. The minutes of previously held Park and Recreation Commission meetings concerning this item were distributed, which outlined their recommendations that the site could be developed since the municipality does not have the funds to purchase this land for parks at this time. Planning Commission Minutes -5- December 18, 1973 ,;s Mr. Sorensen indicated that he could not vote on this matter in that he was working on the legal transactions for Mr. Brill and Mr. Carnes, the current owner of the kennels. He asked to speak on behalf of Mr. Brill, indicating r the need for rapid action on this application due to legal problems in transferring titles and exchange of monies with Mr. Grill, the owner. He asked that action could be accomplished at the earliest date to assist his client in closing the transfer of land. F The Planner indicated that there were many concerns that must be accounted 3_ for prior to any action by the Village Council, related to the precedent set for bluff development, traffic access, open space considerations on the site. and trailways, airport conflicts, and method of zoning approving this project. He indicated that a public hearing would be necessary for the approval of this project and that had not been handled since the legal description of the property was received that evening from Mr. Brill. Putnam said that the earliest time for public hearing would be January 8, 1974, before the Council for rezoning due to the time requirements for publication and official notices. Action: Teslow moved, Schee seconded to recommend to the Council the rezoning from Park to Commercial as per the site plan, and to be on the Council agenda for the first meeting in January, and that Mr. Brill shall meet with the -Planner to refine the site planning review and architectural 1. . controls on a type of building approval. Motion passed unanimously with r" Mr. Sorensen abstaining. III. D. Basswoods dl site for apartments located in The Preserve. Request rezoning to RM-2.5 for 255 units on 17 acres. Mr. Godin from M.Z. Jones Associates and Dick Schwarz; architect or, the project, presented the details of the site plan and answered some i.R. questions raised on the tour on December 1, 1973 , of the sits. There were questions related to when the recreation building would be constructed along with the amenities such as the pools, etc. Godin indicated that these would be constructed with the first units and that all recreational facilities would be finished by the end of the first phase ` construction since they-are required-for a mortgage commitment. Also, the rental range was discussed. Godin indicated that $190 _+ possibly over $400 would be the range for these units, certainly in the luxury or semi-luxury class. Mr. Carter from The Preserve asked that action betaken and public hearings be scheduled at the earliest opportunity to allow the construction of these `', a rental units in The Preserve by early neat year. He indicated the need for rental units in The Preserve, of which there are none at this time, for their ;' economic and housing mix. t; The Planner indicated that a Staff Report was not completed on the Basswoods site due to his time out of town and the inability to schedule a tour of the �9: Planning Commission Minutes -6- December 18, 1973 site prior to December 1 . He indicated that other projects had been before the Village prior to that, such as Edenvale South, BPI, Gelco, etc. and that the Basswoods dl site must be taken in its turn. He indicated he would attempt to complete a Staff Report by the January 3rd meeting. r1he Commission asked that the dl site be referred to the Staff for•a report by their next meeting, January 3 , 1974. V. ADJOURNMENT. Sorensen moved, Lnych seconded to adjourn at 11:25 p.m. Motion carried.