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Planning Commission - 09/03/1974 AGENDA Eden Prairie Planning Commission Tuesday, September 3, 1974 Place: Eden Prairie High School, Southeast door, Rooms 310-311 8025 School Road Invocation --- Pledge of Allegiance --- Roll Call I. MINUTES OF AUGUST 20, 1974 PLANNING COMMISSION MEETING. II, COMMISSION MEMBERS REPORTS. A. Chairwoman Schee - Discussion of meeting change suggested by City Council. Action: Motion .setting Planning Commission meetings for the 2nd and 4th Mondays of eachrmnth beginning October 14, 1974 , or modify, or deny. B. Council Representative Meyers - 1 . City Council action approving the Crosstown 62 extension. 2, City Council action approving the up-grading of 169 and construction of Ring Road ramps to 494, 3 . City Council request for the commission to "study the unsewered areas of the community, particulaJ-7 residential, single family ; and formulate guidelines that take into cons ideration soil conditions and urgency for utilities." C. Board of Appeals representative Sorensen - Set time and place for meeting with Mr. Perbix to discuss responsibilities of the Planning Commission. III. REPORTS AND RECOMMENDATIONS. A. Prairie Lawn & Garden, proposal by Stanley Riegert for development of a small engine repair, lawn mower sales, and garden store. The site is about 1 acre and is located north of T.H. ',5 across from Fuller Road 's intersection with T.H.#5 Request: Mr. Riegert is asking rezoning from Rural to C-Com and necessary variances from minimum lot size and zoning area. Action: Motion approving, continuing or denying request. 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. Action: recommend approval, denial , or continuation. IV. PUBLIC HEARINGS. Continued from August 20, 1974 Meeting. A. Flood Plain Ordinance, The ordinance designates the flood plains, marshes, wetlands, watercourses , and lands abutting meandered lakes in the City and regulating the use and development thereof. Action: recommend approval, denial, or continuation. B. Outlot A, Crestwood 73 , by Alex Dorenkemper for division of outlot A located north of Crestwood Terrace in southwest Eden Prairie. Request: Rezoning from Rural to R1-22 and the division of outlot A into 3 lots. Action: Motion to continue until September 17, 1974, and refer to staff for report or approve or deny. V. PLANNERS ' REPORT. A. Homart status of landscape and parking plan. B. Holiday Station StoresInc. will purchase and remodel the DX station in the south- west corner of T.H. 5 Co. Rd. 4 intersection. 0- C. Discussion of Group Homes as pertains to Ordinance 135. D. City Attorney's opinion of status of Planned Study Districts. VI. ADTOURNMENT. } MINUTES . EDEN PRAIRIE PLANNING COMMISSION TUESDAY. September 3, 1974 7:30 PM High School MEMBERS PRESENT: Schee, Fosnocht, Sorensen, Lane, Brown MEMBERS ABSENT: Meyers ( attending Council meeting ), Lynch STAFF PRESENT: Dick Putnam, City Planner T. MINUTES OF AUGUST 20, 1974 PLANNING COMMISSION MEETING. P. 1 , under Members Present- delete Brown's name once. P. 2 , last P, should read . . , and Valley View Road, if the one at Mitchell & Hwy 5 was not considered. Brown moved, Sorensen seconded, to approve the minutes as published and corrected. The motion carried unanimously. II. COMMISSION MEMBERS' REPORTS. A. Chairwoman Schee- Discussion of meeting change suggested by City Council. Mrs. Schee said that the Council recommended that the Planning Commission select the 2nd and 4th*Mondays of every month for their meetings. Motion: Sorensen moved, Lane seconded, to change the Planning Commission meetings to the 2 nd and 4 th Mondays of the month beginning October 14, 1974. The motion carried unanimously. B. Council Representative Meyers - • Since Mrs. Meyers was not present Mrs. Schee asked the planner to report on the following three items. ). City Council action approving the Crosstown 62 extension. The planner reported that the Council approved the 62 Crosstown extension from Shady Oak Road to 494 without the bridge option; instead there will be a signalized access for Beach Road. Due to the problems involved with signals on.a freeway the planner felt the County may be appealing the decision. 2. City Council action approving the up-grading of 169 and construction of Ring Road ramps to 494. The _ planner reported that Brauer & Associates evaluated the project and recommended that it be approved with minor changes. 3. City Council. request for the commission to study the unsewered areas of the community, particularly residential& single family, and formulate quidelines that take into consideration soil conditions and urgency for utilities. In discussing the matter with the City Manager the planner said that it was felt the staff could supply . information and outlines for the Council and Commission's reviewal,, , Mrs. Schee suggested they begin with an outline and discuss the outline with the Council to determine if it is agreeable. . Mr. Fosnocht believed one alternative would be to have Brauer'•s do the study as they - may be more qualified. Planning Commission Minutes -2- Sept. 3, 1974 Mr. Brown felt that various information on this subject could be supplied by the Metropolitan Council, Mr. Sorensen also suggested that the staff provide an outline and then the Commission could meet with the Council to decide how to proceed with the study. Mr.Fosnechtsagg?sted the Commission should know what the Council wants as a result of such a study, Motion: Sorensen moved, Lane seconded, to direct the staff to prepare an outline and alternatives of pros and cons and submit it to the Council and Planning Commission, The Motion carried unanimously. Mr. Sorensen then opined for discussion the possibility of City policy identifying areas or definitive programs to meet the large lot single family type of housing so it can exist and fit . the planning of the community . He suggested the staff could provide such information. Mr. Brown concurrred<with the idea but felt designations of areas for such uses would be difficult because- of the cost of land. Mrs. Schee questioned if the City could set aside areas where such develop- merit must occur. .The planner said that the issue would be part of the outcome of the study on • unsewered areas. C. Board of Appeals representative Sorensen- Set time and meeting place for meeting with Mr. Perbix to discuss responsibilities of the Planning Commission. Mr. Sorensen asked the planner to report on his correspondence with the attorney regarding this item, The planner said that the attorney would be available any day except the 16 th of September. It was ag.•reed by the Commission members to have a dinner meeting on September 30th with the City attorney. The planner also reported that the meeting with Dr. Bofenkamp could be arranged i hour before a Planning Commission meeting. Mrs. Schee suggested that such a meeting be set-up at Dr. Bofenkamp's availability. III. REPORTS AND RECOMMENDATIONS A. Prairie Lawn & Garden, proposal by Stanley Riegert for development of a small angine repair, lawn mower sales , and gardenstore. The site is about 1 acre and is located north of T.H. #5 across from Fuller Road's intersection with T.H.#5. Planning Commission Minutes -3- Sept. $ 1974 J , The planner said that research on the property's zoning shows the property • is exempt from PS & RI-22 and is considered to be Rural. The property was zoned R1-22 in Ordinance No. 8, Ordinance No. 135 repealed Ordinance No 8,and no specific zoning has been found so it is was the planner's opinion at this time that the land is Rural. The planner then reviewed the 2 alternatives in the August 29 th staff report. Mr. Sorensen asked about the status of the PS districts, The planner replied that the attorney will be submitting the information. Mr. Fosnocht expressed the concern that theiractions tend to force people into high cost property and that by these actions they enforce the marketing policies of such properties, The planner stated that there are many costs associated with commercial development, i.e. roads, utilities, etc. , and that the City can re-evaluate the MCA if it desires. 4 Mr Riegert asked -the Commission to consider that,the building would not disturb the trees , no accidents have occured at the stores present location, he could not afford to be in a shopping center, most of his business is from :Eden Prairie, and that if the property was not rezoned it would be a hardship for.them and • others. Mr. Lane agreed with Mr. Riegert, and questioned what type of development would be allowed in such areas or if they would stay vacant. Mr. Fosnocht suggested that Mr. Riegert try to develop a land- use concept with the adjoining owners . Mrs. Riegert responded that it would be very difficult because there are over 15 owners surrounding the site. Mrs. Schee said she believed the statements Mr. Riegert made and asked him to understand the implications of the rezoning as it would open doors to�many things that no one would like. Mr. Brown asked what the construction timing would be. Mr. Riegert said that the building would be finished by March. Mr. Brown said that if a•study. on the area was to be done.- it would probably_ take 6' months minimUin time. Motion; Sorensen moved, Schee seconded , that the Eden Prairie Planning Commission recorrnnerd denial based upon recommendation # 1 of the staff report dated August 29, 1974 as follows; Wiaeas JnM the City of Eden Prairie adopted a Comprehensive Guide Plan to cope with the physical social and fiscal problems associated with urban development Subsequently the City adopted a revised zoning ordinance, Planning Commission Minutes -4- Sept. :5, 1974 ' subdivision regulations, and planned unit development procedures consistent • with the Comprehensive Guide Plan to aid in orderly and proper development of all lands in the City. Whereas, the Eden Prairie Comprehensive Guide plan states; "There should be one concentrated regional sized commercial center in the Village and convenient community shopping centers throughout the Village "The Village should be divided into several communities by establishing activity centers around schools, parks, and commercial developments, which are identifiable focal points for community life and activity. " "Highway interchanges and major street intersections should be protected from over-encroachment from highway commercial and highway service development. " The Comprehensive Guide Plan map illustrates these principals relative to the property surrounding the Prairie Lawn & Garden site. Multiple residential housing is proposed to the west with single family housing to the north and east. Whereas,. the Metropolitan Council and Minnesota State. Highway Department . • have designated T.H. 5 as a primary regional arterial serving southwestern Hennepin, Scott, and Carver Counties, and western Minnesota and is a vital connection to St. Paul/Minneapolis interstate system,and Whereas, the Metrcpolitan Council Development Guide recommends the protection of class 1 and 2 primary arterials from over -:development, thereby eliminating the efficient movement of goods and personal trips, and Whereas, the development of a commercial strip adjacent to T.H. 5 will increase the trips to an unacceptable level, thereby endangering the public health, safety, and general welfare, and That the projected through-traffic on T. H. 5 will • exceed the capacity of the road which cannot afford the uncontrolled and - high_ trip generating uses associated with commercial development along this regional arterial. That the City of Eden Prairie deny the rezoning request from.Rural to Community Commercial, C- Com, for the Prairie Lawn. & Garden centerp-oposed by Stanley Riegert as it would not conform with ti-B Comprehensive Guide Plan, Zoning Ordinance 135, and regional highway plan. • d Planning Commission Minutes -5- Sept. 1974 R Discussion Mr.Fosnocht stated that he could not support the request as submitted but opposed the motion because it did not leave Mr. Riegert any alternatives. Mr. Sorensen felt the motion did not deny different approaches, rather it set out exact reasons and it was the specific and backgrounded type of action he feelsis appropriate for the Commission and Council to take in order to provide basis for future action and support in cases of court proceedings. Mr. Sorensen called question on the motion. The question passed with 4 ayes, and I abstain ( Fosnocht ) Vote: The motion carried with 3 ayes, (Schee, Sorensen, Brown ) , 1 nay ( Lane) and I abstain ( Fosnocht ) . 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 3.4 acre site south of Co. Rd. 1 and west of Homeward Hills Road. The planner informed the Commmission no report had been prepared and that such a report would be a major project. He believed that when a category is specified aspublic that an application for rezoning should be filed. Motion: Sorensen moved, Schee seconded to recommend denial of the land division, on the basis that a church properly belongs in a public. district nct rural under the zoning ordinance and such a`granting would be in violation of the Zoning Ordinance. The motion carried unan imously. IV. PUBLIC HEARINGS. Continued from the August 20, 1974 meeting. A. Flood Plain Ordinance, the ordinance , designates the flood plains, marshes, wetlands, watercourses , and lands abutting meandered lakes in the City and regulates the use and development thereof. Mr. Lane asked that they be given a chance to read the revised ordinance which they received that evening during the meeting. Mr. Fosnocht asked why it was necessary to have a minimum of 100' easement on property outside of the flood plain. Mr. Bill Pearson replied that it is a state regulation on any waterway. The planner said that 100 ' is deemed necessary by engineers to allow them to do what may be required. Mrs. Schee asked the planner to investigate if 100' is a state law. • Mr. Frank Smetana asked why the suggested ways ofhandling encroachments included in Mr. Jessen's memo were not incorporated in the ordinance. The planner zesponded that the Commission has the option of incorporating the alternatives suggested in the memo. Planning Commission Minutes -6- Sept._3, 1974 Mr. Pearson asked how the owners would be compensated for land taken. Mrs. Schee replied that the Commission does not have those answers. Mr. Sorensen stated that not every restriction on the use of land is a taking under the Constitution's definition of taking. Motion- Fosnocht moved, Schee seconded to continue the hearing to the next meeting. The motion carried unanimously. B. Outlot, A, Crestwood 73, by Alex Dorenkemper for division of Outlot A located north of Crestwood Terrace in southwest Eden Prairie. The planner stated that since there was no staff report he would suggest the action be to continue the matter to the next meeting. Mr. Dorenkemper presented his request stating that he was bonded to put in 175 feet of street and that staff reports contained conflicting road lengths. It was Mr. Sorensen's understanding that at the time of Crestwood 73's platting a staff report indicated that there would be no lots on Oultot A and therefore no need for a road. Motion: Brown moved, Schee seconded to continue the hearing to the meeting of the 17th and to refer to the staff for a report. The motion carried unanimously. V. PLANNER'S REPORT. 0 A . Homart status of landscape. and parking plan. The planner said that a revised landscaping plan could be expected. at the following meeting and that Homart will also -be bringing in the 2nd phase and signage plans B. Holiday Station Stores Inc The planner stated that the staff is investigating to determine what is allowable' upon the site and that the City attorney is also investigating the matter. C. Discussion of Group Homes as pertains to Ordinance 135. The planner reported that group homes would provide housing for varied classes of people and that state money is available to purchase such homes. He felt that the parking and'number of unrelated persons living in one house' requirements in Ordinance 135 could pose a problem. D. City Attorney's opinion of status of Planned Study Districts. This information had not been received. VI. ADJOURNMENT. Lane moved, Fosnocht seconded, to adjourn at 10:15 PM. The motion carried unanimously.