Planning Commission - 08/20/1974 AGENDA
Eden Prairie Planning Commission
7:30 PM City Hall
Tuesday, August 20, 1974
Invocation Pledge of Allegiance Roll Call
I. MINUTES OF AUGUST 6, 1974 PLANNING COMMISSION MEETING.
II. REPORTS AND RECOMMENDATIONS. Continued Public Hearings.
A. Flood Plain Ordinance, consideration of the redrafted ordinance with DNR recom -
mendations. The ordinance is an ordinance designating the flood plains, marshes,
wetlands, watercourses, and lands abutting meandered lakes in the City and
regulating the use and development thereof.
Suggested Action: recommend approval or denial to the City Council , or continue
to the September 3, 1974 meeting.
III. PETITIONS AND REQUESTS.
A. Edenvale Shopping Plaza, by .Eden Land Corporation . Request for PUD development
approval and rezoning from I-2 Park to C- Com. The site is a 13. 5 acre parcel within
Edenvale at the NE _ corner of Mitchell Road andT.H. # 5. Developer's presentation
Suggested Action: continue for staff report .
B. Request from The Preserve, requesting a land division which would permit a
church to build in a Rural District without rezoning. The site is a 3.4 acre site
south of Co. Rd. 1 and west of Homeward Hills Road.
Suggested Action : refer to staff for report , or appove, or deny request for lot division.
IV. COMMISSION MEMBERS REPORT.
1 . Chairwoman's Report-changing the first meeting day per month from Tuesday
based upon members availability.
2 . Other Members - new business.
V. PLANNER'S REPORT.
1 . Letter from Edenvale Homeowners regarding pathway system and reply from
Eden Land Corporation.
2 . Status of projects not on agenda for action.
a. Prairie Lawn and Garden
b. Commercial Centers along T.H. 5, Gonyea and Eagle Enterprises.
c. Mitchell Lake Estates , mobile home park
d. Crosstown Apartments
VI. ADTOURNMENT.
MINUTES 611t.'u'clAct
EDEN PRAIRIE PLANNING COMMISSION
Tuesday, August 20, 1974 7:30 PM City Hall
Lanz , S ore P,sc _�,1'rl 'r FCG ?10c�1"', S � '�e, Meyers
ME?ii BF1�1117 AB EN T: L-ncil
STAFF PRESENT: Dick Putnam, City Planner
Marty Tessen , Director of Community Services
I. MINUTES OF AUGUST 6, 1974 PLANNING COMMISSION MEETING.
P. ?, A,Ist P, should read. . The change was suggested so the Council representative
could attend the meetings.
P. 3 motion should read . . be forwarded to the Council recommending
approval based upon recommendation # 1 of the 5-6-74 staff report.
part B, motion should read,Having no staff report. , . . & adoption or other
Council action on the mobile home ordinance.
IV A,* Ist P, should read, The ordinance designates the flood plains, marshes ,
wetlands , . 2nd P should read, City staff who ware .
P 4, 8th P should read Siever Peterson , not Steve Peterson
P. 5, B replace sentence with, The'item was deleted from the agenda because
no Eden Land Corporation representative was present.
Sorensen moved, Fosnocht seconded, to approve the minutes as published and
corrected. The motion carried with 4 ayes and 2 abstains ( Meyers & Lane ) .
Meyers moved, Lane seconded to reconsider and correct the Minutes of Tuly 16 th .
P 4, V. A. , 2nd P , should read, Presently the road access is about 180' long.
The%motion carried unanimously.
II. REPORTS AND RECOMMENDATIONS. Co^ti.nued Public Hearincts
A. Flood Plain Ordinance, consideration of the -redrc-E�wd ordinance with DNR recom-
mendations. The ordinance designates the flood plains, marshes, wetlands, water-
courses, and lands abutting meandered lakes in the City and regulates.the use
and development thereof.
Marty Jessen outlined the modifications suggested by DNR and reviewed by the
City Attorney.
Mr. Sorensen requested that the commission receive a finalized document bebre
final action on the ordinance.
Mrs. Meyers asked if the ordinance-\:,,:ould repeal any oxisting City ordinances_
Mr. Tessen replied that this ordinance would be in addition to other City
ordinances.
Mr. Jessen read Mr. Smetana's questions and the corresponding answers in
his memorandum dated August 19, 1974 .
Mr. Smetana . desired that subparagraph 1 , section 5 should ba deleted.
He disagreed that a 100' easement was necessary since it sometimes includes
land outside of the flood plain, Mr, Jessen stated that 100' is minimum according to
the lVatershed Districts and DNR;and is consi�.lered necessary for flood water manage-
ment.
Planning Commission Minutes -2- August-'2011
R':[rs, Smetana Sr. stated that alot of their land along Nine Mile Creak would
.f SLI-ch res cLcttons %. ere- just d,
. , 1703:icC•Zt eit if the City 'v`ia5 going 't0 reS'LriG't 'i=h? land '�il�y Should purchase
it. `l�'he planner said the ordinance does not say nothing can be done,rather uses
would be reviewed and checked to insure that they are done properly.
!sir. Jim Gillespie, of Eden Land Corporation, asked if the 100' easement would
affect planting. The planner responded that it would be the same as a sewer
easement and platting could be done and the title would be conveyable,
Mr. Smetana believed the worn.ing in the ordinance served as a vehicle for the
City to obtain property. The planner stated if property is necessary for the
public benefit the owner can give it freely through dedication or, the City can,
Uurchase it.
MIr. Sorensen • felt the language of the ordinance should be more exact
regarding property dedication and taking.
Chairwoman Schee asked Mr. lessen to rework the wording of the ordinance to
reflect the concerns expressed.
Ivor. Smetana further disagreed with the fees and plans to scale required to place
such items as; clotheslines, doghouses, etc.;within the flood plain. Mr. lessen .
replied that some things are potential hazards when placed in a•flood plain.
Mir. Sorensen asked if some items could be approved by the staff without a permit.
It ;vas felt by MEr. lessen and the planner that permits would be necessary.
Chain+roman SchEee directed Mr. lessen to rework and retype the ordinance,
and continued the public hearing- to the next meeting.
III. PElTIT10TNI S A-L D RECUESTS.
c.. Edenvale Shop2.ny Plaza, by Eden Land Corporation. Request for PUD development
approval and rezoning from I-2 Park to C- Com_ The site is a 13. 5 acre parcel
within EQenvale at the I`aE corner of Mitchell Road and T.H. 4LF 5.
ivIr, Peterson requested that the City consider shopping center at the intersection
of NI-Itchell Road and T.H. 5 if a decision to allow centers along Highway 5
is made. The center would be similar to the approved center at Valley View Road
and Mitchell Road with reduced lease space in the mall. .
Mrs. Mevers asked if there was a time limit on the approved cinter's construction_ .
The planner said he would investigate and report on it.
I,.-Trs. Schee asked if Eden Land would continue with the center at Mitchell Road
and Valley View Road.if the one at Mitchell .& 'Hwy. 5 was not considered.
Mr. Peterson responded affirmative.
_, Planning Commission Minutes -3- August 20,1974
Motion:
Soiensen moved, Schap seconded, to refer the item to the staff for a staff report
`e �.._:'~'I fFter 1' - o^ the Go:'__as `mie:stmelit L. 17'auile, c!Li .,cprLSe
rti f. a_ 'l �t �. vlJ ���
?7ioj7 )S 'la' ! the C''G'un il. !'?e motCOn cad'ri.-1u uaanLniously.
B Raquest from The Preserve, requesting a land division permiting a church to build
in a Rural District without rezoning. The site is a 3.4 ac,parcel south of Co. Rd. 1
and west of Homeward Hills Road.
The planner referred the commission to the august 9th letter and drawing of
the proposed land division by the Preserve. He stated that Mr. Lee Johnson,
of The Preseve,lmlieved t.hat the use does not require rezoning acco,,ding to his
interpretation of (Ordinance 135 ) Rural District. The Planner did not 'Leal that
the Rural District can be stretched to include such a use, rather a submission
for rezoning to the category "public /quasi-public (PUB) should be filed as Provided
in ordinance 135..
Mr. Hess, of the Preserve said that sections 3 through 8 of ordinance 135 clearly
indicated the possibility of publicAuas�public uses and it is also dealt with in
section 9 . He did not feel The Preserve Center should be expected to. serve all the
church users of the project which l-as a future population of 12,000-15,0 00 and that
church sites can be expected to be outside or institztional canters. Mrs. Schee
as'Kled why the clmrches would not bzyareas alreadydesigna.bd for such a use .
Mr. Hess replied that the Preserve site cost 2-!_' times that of rural sites .
• Mr.' Lane believed that the Guide Plan clearly stated policies used to deny
shopping centers at high vohme intasections and he did not see a difference in this
situation and felt the commission should be consistent.
Mr. Hess felt that the City has an inconsistency between ordinance 135 and the
Guide Plan. He would like to see them clarified to assist sellers and buyers to
understand City policy.
Mr. Sorensen disagreed with Mr. Johnson's interpretation of the ordinance
that a church would be allowed in a Rural district. Mrs. Sch�e concurred
with Mr. Sorensen.
Mr. Sorensen hoped that the staff could proceed with the commission's desire
of redrafting ordinance 135 and the PUD ordinance.
Mr. Fosnocht asked if the City had legal interpreation of ordinance 135
Mr. Sorensen responded the matter had been considered on another item - and the
Council made a decision contrary to the City attorney's legal interpretation. Meyers
added that the Preserve requested the Council to allow the land division and waive
. procedures but the staff felt it should be. considered as a rezoning.
Mr. Bonner, of Hustads Development Corp„ said that they would like to reaffirm
their belief in the City Guide Plan for developing the Bluffs Sector. He stated Hustad
Corporation supports the concept of institutiorzl centers, and believes it
Planning Commission Minutes -4- August 20, r-07.4
is a sound method for community development. Bonner believed that churches
outside of institutional centers may be needed but believed it presumptuous
+m )r0t3et' tl7 c L'JTOJ? Si}2 OtitSiQe r>>'.iGCs3 any cciltcrS are, funct'.onin.}.Ct rar??c
- c ;L �a z u�3� �7utld stop cyn _nnruer�r �it�Hon 1 ejdv�r•� L� -._
Mr.Hess, agreed that it probably should be rezoned and felt the ordinance
should be clarified.
Mr, Sorensen believed the language in the ordinance could be clarified
and a formal position taken.
Motion:
Sorensen. moved,Meyers seconded, to refer the matter to the staff for a report
with part of that report addressing itself to the ordinance interpretation with
special emphasis on this problem. In making the report the staff should raft eet
current existing and expressed opin ions of the Planning Commission on this
issua. The motion was approved unanimously.
e
IV. COMMTSSTON MEMBERS REPORT,
1 . Chairwoman's Report-changing the first meeting day per month from Tuesday
based upon members availability.
Mr, Sorensen reported that the Board of Zoning Appeals . could meet on Thursday
evenings and therefore he would be free on Monday evenings.
After a short discussion the members agreed upon Monday evenings for the Plannii.
Commission's first meeting of the month.
Motion: Sorensen moved, Brown seconded, to set the Planning Commission's
meeting dates for the Ist Monday and 3rd Tuesday of every month at tha City Hall. .
The motion carried unanimously,
2 . Other members.
Mr. Sorensen asked the planner to report on the status of Homart's landscaping,
The planner said that the landscaping budget has been increased by $ 50,000.00
and that Homart will be bringing in plans for their landscaping, signs, bus
shelters, and the 2nd stage.
V. PLANNER, S REPORT.
i. Letter from Edenvale Homeowners regarding pathway system and reply from
Eden Land Corporation.
Mr. Ted Perkins , a Summerwoods I homeowner, stated that the homeowners main
concern is the surface of the path nays. They desire something more durable and
less prone to erosion.
Mr. Bob Hall, a homeowner, stated that the last rain washed away part of a path .
and asked if they must pay every,tume resurfacing.is needed.
. Planning Commission Minutes -5- August 20, 1974
.':r. Peterson responded that if bituminous paths were to be built they wouid
elilva to d c-i—aase !CeTi11j• 5 of o incre%se the Cost to he Oo^7;'e St lie '�-Iif.
tP'1; lb -ii ;?--LDus paths sillould be us�'d in sole ar"as bu'C aiT"nestone 15 tiO e
natural and incurs less maintenance. He stated that the paths would be maintained
by Eden Land Corporation until they are turned over to the owners.
Mr. Hall stated that questions have not been clearly explained by Eden-vale. Peterson
said that an organizational meeting would be held , in.the Spring or sooner if
desired by the homeowners,
Responding to a question in the petition3the planner informed the homeowners
that they would be notified by letter o; developments around them,
The planner suggested that the homeowners could have a substantial input
in the Hike,ATay/Bikeway Study presently being conducted by a Task Force
and that their opinions and comments would be appreciated_
Cha irwoman Schee thanked the homeowners for their involvement.
Discussion followed regarding the traffic hazard at Mitchell Road and Highway 5.
The planner informed the homeowners that the City intends to signalize the
intersection but it needs State approval.
Mrs. Meyers stated that the City adop--d a resolution whereby the City would
install the sigral and some improvement,and will be paid back by the State if
the need for such improvements are demonstrated . She estimated the earliest
date for such work would be early `75.
Motion:
Meyers moved, Lane seconded, to receive and file the letter from the Summerwoods I
Homeowners Association in Edenvale, and Eden Land Corporation's response.
The motion carried unanimously.
2 . Status of projects not on agenda for action.
a. Prairie Lawn & Garden.
The planner reported that the zoning of the property is being researched
and the commission will be receiving that information along with the
attorneys opinion on PS districts.
b. Commercial Centers along T.H. 5, Gonyea Invt. & Eagle Ent.
A report on the proposals zoning status will be presented when
the information becomes available.
c. Mitchell Lake Estates, mobile home park.
Chairwoman Schee asked the commission to consider the alternatives
in the staff report; her preference was -r, 4.
Planning Commission Minutes -6- August 20, 1974
Mr. 'OrenS2?1 SLIG'g?Sted adopttng 2 & 3 in Order to gat some input whi.1?
Or 'IC"El
Sorensen moved, Brown seconded, that alternates 2 & 3 of the staff report
dated 8-16-74 be used. The motion carried unanimously. ( Meyers was not
present for the vote ) .
d. Crosstown Apartments .
The planner reported that no plans or correspondence had been received
from Mr. Fraser.
VT. ADTOURNMENT.
Brown moved, Fosnocht seconded, to adjourn the meeting at 11:20 PM.
The motion carried unanimously,
i