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.
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d
Planning Commission Minutes -5- Sept. 1974
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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.