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.