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Planning Commission - 09/17/1974 AGENDA Eden Prairie Planning Commission Tuesday, September 17, 1974 7:30 PM City Hall Invocation - Pledge of Allegiance - Roll Call I. MINUTES OF SEPTEMBER 3, 1974 PLANNING COMMISSION MINUTES. II, REPORTS AND RECOMMENDATIONS A. Homart Development Company, Homart Eden Prairie Center,presentation of final site plan, landscaping, signage, parking and pedestrian system. The plan is the final step prior to letting bids for the landscaping for the 113 acre Eden Prairie Center located south of the ' Y " in the MCA. Suggested Action: Recommend approval of the site plan , graphics, and landscaping plan for the Eden Prairie Center as submitted in the plan dated September 17, 1974 A. D. , or continue or deny. Continued Public Hearings from September 3, 1974 B. Flood Plain Ordinance . An ordinance designating the flood plain , marshes, wetlands, watercourses, and lands abutting meandered lakes in the City and regulating the use and development thereof. The final draft of the Ordinance with the suggested options as requested by the Commission has been distributed. Suggested Action: Recommend approval of the Flood Plain Ordinance with modifications noted in the Planning Commission Minutes of September 17th, or continue , or deny. C. Outlot A, Crestwood 73, by Alex Dorenkemper. Request for division of Outlot A into 3 lots and a rezoning to R1-22 . The site is located in southwestern Eden Prairie adjacent to Crestwood Terrace in the Maplewood Estates single family subdivision. Suggested Action: Motion to approve the rezoning request for Outlot A of Crestwood 73 to R1-22 and recommendation to approve the land division into 3 lots, or continue , or deny. III. PETITIONS AND REQUESTS A. Worth Oil Co. request rezoning to C-Hwy for the existing DX station at the intersection . of Highway 4 & 5 for the use as a Holiday Station Store and auto service center. The property is currently zoned Rural and would require rezoning to C-Hwy as per the requirements of Ordinance 135. The developers presentation of proposed station modifications. Suggested Action: Motion to continue until October 14, 1974 and to refer to staff for a report, or approve, or deny IV. COMMISSION MEMBERS REPORTS A. Chairwoman Schee. 1.Discussion of meeting changes and requirements for packet delivery B. Council Representative Meyers 1. City Council action on Neighborhood Facilities Study and joint Meeting with Park & Recreation Commission. . AGENDA -2- September 17, 1974 Eden Prairie Planning Commission • B. Council Representative Meyers 2 . City Council action on completion of MCA Report. 3 City Council action requesting staff and commission to prepare outline for MCA development ordinance. C. Board of Appeals Representative Sorensen 1, Discussion of Set-Back Ordinance changes 2.The charge of the Board of Appeals and its function V. PLANNER"S REPORT A. Meeting with the Outreach Community Center , October: 7, 1974 , at 7:00 PM to tour and discuss group home concept , sponsered by the Human Rights Commission. B. Seminar at Normandale Community College on Planning and Zoning. C. Smetana Lake Resolution and Ordinance requested by City Council D. City attorney's opinion of the status for PS districts. E, Report on the planners meeting with St. John's Woods Homeowners Association. VI. ADJOURNMENT. MINUTES EDEN PRAIRIE PLANNING COMMISSION Tuesday, September 17, 1974 7:30 PM City Hall MEMBERS PRESENT: Schee, Lane, Sorensen, Fosnocht, Lynch, Meyers MEMBERS ABSENT: Brown STAFF PRESENT: Dick Putnam, City Planner I, MINUTES OF SEPTEMBER 3 , 1974 PLANNING COMMISSION MEETING. P. 2 , 3rd P, should read- Mr. Fosnocht suggested the Commission. . . P. 3 , 4th F, should read-Mr. Fosnocht expressed the concern that their actions tend to force people into high cost property and that by these actions they enforce the marketing policies of such properties. P. 5 , under the Discussion it should read-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. P. 5, 2nd P, should read-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 feels is appropriate a for the Commission and ;Council to take in order to provide basis for future action and support in cases of court proceddings. P. 5 , under Flood Plain Ordinance; 3rd F, should read - Mr. Fosnocht asked why it was necessary to have a minimum of 100'.easement on property outside of the flood plain. • Lane moved, Sorensen seconded, to approve the Minutes as published and corrected. The motion carried with 4 ayes and 2. abstains, ( Meyers and Lynch ) . I I. REPORTS AND RECOMMENDATIONS. A. Homart Development Company, Homart Eden Prairie-Center , presentation of final site plan, landscaping, signage, parking and pedestrian system. The plan is the final step prior to letting bids for the landscaping -for the 113 acre Eden Prairie Center located south of the ' .Y ' in the MCA. Herb Baldwin presented the initial planting phase of the Eden Prairie Center, and through the use of slides he showed the various aspects of the plan such as; lighting, signage, pedestrian circulation ways, vehicular movement, etc, Included in the signage program are 5 entrance markers ( 20 feet off the right-of-way line ) , a cinema sign, stop signs at critical areas, yield signs, one-way signs, etc. The entrance markers will be 12 feet high and the regional identification pylon will be 60 feet high with a 12' x 12 ' base located along 169/212. Mr. Fosnocht questioned if 60 ' would be necessary for they regional pylon. Mrs. Meyers asked if the staff had reviewed the signage plan . The planner said the staff had not had the plan to evaluate it. Mr. Fosnocht felt it may be inappropriate to use the Eden Prairie logo.on the regional pylon . Mrs. Schee replied that the original intent was to have Homart use something similar to the Eden Prairie logo. Eden Prairie Planning Commission Minutes -2- Sept. 17, 1974 Mr. Baldwin statedthe plant material in the location of the 3rd & 4th stores would be transplanted to other areas within the Homart site when the 3rd & 4th stores come in. Mr. Sorensen asked if they expected the Commission's approval on landscaping to encompass the signage. Mr. Baldwin replied affirmative. Mr. Lynch asked what would be used to assist shoppers in finding their parked, cars . Dale Hamilton, a Homart representative, replied that the store doors would be color coded. Mr. Lynch then armed how much taller the identification pylon was compared to the building. Mr. Hamilton responded that it is 514" taller than the building. Mr. Sorensen asked if the 6 semaphores shown on the Homart plan along the Ring Route were included in the Ring Road assessment . The planner said that there would not be 6 semaphores when the road opens. Mr. Spinks added that the assessment plan will coincide with the up-grading of 169. Mrs Meyers asked if they knew how far the pylon could be seen-from the road systems. Mr. Hamilton replied that it could be seen when driving on I-494, Motion: 1 Lane moved, Lynch seconded, to recommend approval of the landscaping and lighting plan presented by Homart, subject to reasonable modification through work with the City staff, and to refer the plan and the 9-16-74 staff report to the City Council for their information The motion carried unanimously. Motion: 2 Sorensen moved, Lane seconded to recommend the signage plan to the staff for a report and recommendations. The motion carried unanimously. B. Flood Plain Ordinance. An ordinance designating the flood plain, marshes, wetlands, . watercourses, and lands abutting meandered lakes in the City and regulating the use and development thereof. The final draft of the ordinance with the suggested options as requested by the Commission has been distributed. The planner reported that the state does not require a 100' easement. He also reported that the Park & Recreation Commission voted in favor of option A in the 8-2 8-74 memo from Mr. Jessen, and referred them to the letter from Edenvale, Mr. Sorensen made the following comments & suggestions on the flood plain ordinance. - the introduction of the ordinance covers meandered lakes but the text does not. - P. 2, item ( e) after the word 'debris'-runoff or sediment-should be included. Eden Prairie Planning Commission Minutes -3- Sept. 17, 1974 - P. 5, ( b) , Ist P, quotation marks should be removed after the word City" - P. 7, ( 3 ) , 4th line , ' of the City ' should read - ' in the City' , - P. 7 , ( 6 ) , line 2 , instead of ' essential' use reasonably necessary - P. 10 , ( a } , { l ) , research what other types of structures could cause the same problem as residential. - P. 11 , 6th line refers to paragraph ( d ) of section 9 and there is no paragraph ( d ) in section 9. - P. 12 ( a ) should have definition of Flood Plain District, ( b ) 6th line should read and/or obstructions, P.; 13 ( f ) between the words ' with the ' insert - staff reports and - P. 15 ( a ),suggest elimination of ' City Manager and as the case may be' , the same on P. 16 # 12 ( b ) . Meyers suggested that there . be a procedure for permitting minor variances other than by Council action. • - P. 16 9 should read to the"'.'City''s overall water management lan. '. . ( ) Y g p - P. 19 ( b ) 3rd line, suggest deleting 'granted pursuant hereto' & include after the word permit in the same line or existing prior to the adoption of this ordinance to the extent provided herein. - P, 19, section 13, 4th line , delete shall and insert may be ordered to pay -P. 20 , section 16 should ._read Chapter 104 not 105. --P. 21 , section 20 should read Chapter 104 not 105. Mr. Fosnocht suggested the ordinance have varying restrictions on what can occur in the 0-20 year flood plain compared to the 2 0-100 year flood plain. Mr. Sorensen believed that there could be a difference in the intrepretation of the language in section 5 becaus.e the flood plain is taken to mean 100' from the channel and in b ( 1 ) a measurement of 100' from the nearest bank is referred to. Mr. Sorensen suggested that the staff investigate language that would outline restictions for ingress and egress Meyers asked why , given these stated concerns the Watershed District recommends 100 ' , The planner responded that it is considered necessary for water management. Eden Prairie Planning Commission Minutes -4- Sept. 17, 1 g7/- Mr. Don Peterson, of Eden Land Corporation, suggested ( a ) & ( b ) • in section 5 be rewritten because it is conflicting and confusing. Mr. Sorensen asked where within the City 50 ' might be insufficient . The planner said he was not sure but the ordinance does have a variance procedure to handle such instances. Mr. Frank Smetana Jr. suggested that section 5 be deleted and stated that he did not believe everyone would apply for permits. Mr. Fosnocht felt 50 ' may be reasonable in some areas and that the chain of actions to obtain a permit were too involved and time consuming. Mr. Sorensen asked what was meant by flood plain district. The planner stated that it is the area designated as flood plain on the Zoning Map. Motion 1 : Sorensenmoved, Lane seconded, to amend section 5 ( a ) . 3rd line , to read after Fiood Plain, or within .100' of the nearest bank of the channel' , and amend - section 5 ( b ) ( 1 ) to provide for minimum situation of 50' . Vote- on Motion # 1 The motion carried with 4 ayes, 1 nay ( Fosnocht ) , and 1 abstain ( Lynch }. Motion 2 • Meyers moved, Lane seconded, to incorporate into section 4 ( a ) in addition to flood plain profile the same language suggested for 5 ( a ) , to read - `profi-le, and 100 ' of the nearest bank of the channel'. Mr. Sorensen called question on the motion. The question, carried unanimously. Vote: on Motion #2 The motion carried with 4 ayes, 1 nay ( Fosnocht ) and 1 abstain ( Lynch } Motion 3 Sorensen moved, Lane seconded to amend 5 ( b) ( 1 ) to read 50 ' instead of lOQ' Mr. Fosnocht moved to amend the motion by deleting item 5 ( b ) ( 1 ) and substitute option # 2 from the 8-28-74 memo changing the 100' to 501 . Mrs. Schee stated that Mr. Fosnocht's motion was a substitute motion and that Mr. Sorensen's motion must be voted upon first. Mr. Fosnocht withdrew his motion. Vote: on Motion #3 Mr. Sorensen's motion carried with 5 ayes and 1 abstain ( Lynch) . Planning Commission Minutes -5- Sept. 17, 1974 Mr. Don Peterson asked if platting would be allowed within the'100 ` easement. • Mr. Sorensen said that he did not feel that the ordinance prohibited platting, and that it might be recommended to the Council that the ordinance does not specifically adress itself to "the subject of platting. Motion 4 Fosnocht moved, Meyers seconded, to delete section 5 ( b ) ( I ) and insert option 2 of the 8-28-74 memo changing the 100' dimension to 50' . L`iscussion• Mr. Sorensen felt an option for dedication is appropriate in certain instances and removal of the dedication option would make him vote against the motion. Mr. Frank Smetana believed that the option to dedicate exists anyway and'does not have to be in the ordinance. Mr. Lane called question on the motion. The question carried unanimously. Vote: on Motion #4 Mr. Fosnocht's motion.failed with 4 nays, 1 aye ( Fosncoht ) and I abstain, ( Lynch } , Motion 5 Meyers moved, Sorensen seconded= to recommned the 4th option in the 8-28-74 memo changing 100' to 50' . Mr. Sorensen called question on the motion. The . question carried unanimously. Vote: on Motion #5 The motion carried with 5 ayes, and 1 abstain ( Lynch-) . Mr. Sorensen referring to P. 12 ( c ) suggested that the fee bear a relationship to the man'hours involved and the administrative procedures should be _ lessened so that Council time would not be needed to approve such things as clothesline poles. The Commission members all agreed that there should be major/minor procedures and a sliding fee schedule. Mr. Fosnocht felt there was a discrepancy in ( d ) & ( f ) in section 7 regarding submission of applications. Motion 6 Mr. Fosnocht moved, Lane seconded, that the words, the appropriate Watershed District and Department of Natural Resources' be deleted in ( f ),section 7,and insert, " Park & Recreation and the Planning Commission. And add-- Comments from the appropriate Watershed District and the Department of Natural Resources shall be forwarded to the City Council if they are available. Planning Commission Minutes -6- Sept, 17, 1974 Discussion: Mr. Sorensen felt that statute 104 required submission. • The planner asked for clarification of their feelings regarding submission such as; is submission only necessary or must a reply be received. Amendment to Motion I6 Mr, Fosnocht moved to amend the motion, Lane seconded, that the staff should investigate if it is permissible under Statute 104. Vote: on Motion #6 & Amendment The motion and amendment carried with 5 ayes and 1 abstain ( Lynch ) . Motion 7 Sorensen moved, Lane seconded, that procedures for minor variances and a sliding fee schedule be recommended to the Council. The motion carried with 5 ayes and 1 abstain ( Lynch ) . Mrs. Meyers suggested that a flood plain profile be available before the Council 'holds a public hearing on the flood plain ordinance. C. Outlot A , Crestwood 73 , By Alex Dorenkemper. Request for division of Outlot A into 3 lots and a rezoning to R1-22.. The site is located in.southwestern _ Eden Prairie adjacent to Crestwood'Terrace in the Maplewood Estates single family subdivision. . The planner reviewed the material relative to the platting and rezoning in the final plan in which lots 1 6-18 were not platted &ft road built by Mr. Dorenkemper was 180 ' not the 135 ' referred to by Carl Tullie He then outlined the 3 options in the 1-6-74 staff report. Mrs. Meyers asked if the existing street services all 3 lots. The planner said lots 4 & 5 were and that it would be possible for'lot 6 to be serviced by the street. Mr. Sorensen asked if the City Attorney had given an opinion on option 2 . The planner responded negative. Mr. Dorenkemper stated that some of the dates quoted in the staff report were wrong. The planner said he may have misquoted some of the dates from the numerous material he reviewed while , writing the report. Mr. Dorenkemper said he was not , aware that a certified resolution was required when filing a final plat , _ Mrs. Holmgren dd not supply him with one, and the County at the time of filing did not ask for one. He stated that the City supplied the certified resolution for the initial platting and, that he believed it was planned deception , or an error, not to let the other plat be filed. Mr. Sorensen asked how he knew the City paid the filing- fee for his plat. Mr. Dorenkemper said he was not sure but supposed the City couldlave charged him him for it at a later date. Planning Commission Minutes 7- Sept. 17, 1974 Mr. Sorensen asked Mr. Dorenkemper if he filed the 2nd plat. Mr. Dorenkemper isaid he had but since he did not have a certified resolution it was not filed legally. He added that no one at the County asked him for a certified resolution. The planner asked Mr. Dorenkemper if his attorney or engineering firm had advised him to obWn a certified resolution. Mr. Dorenkemper responded negative. After reviewing the plats Mr. Sorensen stated that the first plat was for a road,and nothing else,and that the City could have paid the fee since the road was dedicated, The planner suggested that to expedite the matter Mr. Dorenkemper and his attorney should meet with the City attorney and staff to' resolve the questions . Schee agreed and askedthat Dorenkemper. and his legal council meet with the staff and City attorney to resolve the matters so the City may take action. Motion: Fosnocht moved, Sorensen seconded,that the request for land division and rezoning be denied in accordance with recommendation # 1 in the 9-6-74 staff report. The motion carried unanimously. III. PETITIONS AND REQUESTS. • A. Worth Oil Co. , request rezoning to-,C-Hwy for the existing DX station at the intersection of Highway 4 & 5 for use as a Holiday Station Store and auto service center. The property is currently zoned Rural. and would require rezoning to C-Hwy as per the requirements of Ordinance 135. The planner reported that the site is zoned Rural and that the City attorneys opinion is that the station is a non-conforming use and rezoning should be applied for. Mr. Bob Daly, a representative from Worth Oil ,said they would be submitting their design changes soon. Mr. Carlson, from the company`s engineering department said they would be -proposing an addition to the building which would extend 40 feet to the west. Mr. Sorensen expressed the concern that based upon the Guide Plan and previous actions, ( regarding commercial at the same corner ) , that commercial zoning is inappropriate. Mr, Lynch shared the same concern. The planner said that the City attorney would be submitting a report on PS Districts, Meyers asked the representatives if they would be willing to operate the building as a station only. Mr. Carlson responded no they would not. IV. COMMISSION MEMBERS REPORTS. A. Chairwoman Schee 7 Discussion of meeting changes and requirements for packet delivery. Due to the 2nd and 4th Monday in -October being holidays Mrs. Schee Planning Commission Minutes -8- Sept. 17, 1974 suggested the Planning Commission meet the 3rd and 5th Tuesday of that month • Motion: Lane moved, Lynch seconded, to reschedule the Planning Commission's October meetings to the 3rd and 5 th Tuesday. (Oct. i 5 & 29th Mrs. Schee suggested the packets for the meetings be delivered on the Wednesdays before the regular Planning Commission meetings of the grid & 4th Mondays of the month. - B. Council Representative Meyers. I . City Council action on Neighborhood Facilities Study and Joint Meeting with Park & Recreation Commission. Mrs. Meyers reported that 3 Council members met with the Park & Recreation commission and passed a resolution encouraging work on the study, 2, City Council action on completion of MCA report. She reported that this item would be on the Council's September 24th agenda. C. Board of Appeals Representative Sorensen I. Discussion of Setback Ordinance changes. Mr. Sorensen reported that the City attorney was working on the changes. 2 . The charge of the Board of Appeals and its function. He informed the commission members that the Council will be modifying the . charge of the Board of Appeals to some extent. V. PLANNER'S REPORT. • A. Meeting with the Outreach Community Center, October 7, I974, at 7:00 PM to tour and discuss group home concept, sponsered by the Human Rights Commission. The planner reviewed the date and time of the tour. B. Seminar at Normandale Community College on Planning and Zoning This item was briefly covered by Chairwoman Schee at the beginning of the of the meeting. She urged the members to attend if at all possible C. Smetana Lake Resolution and Ordinance requested by City Council. Due to the late hour C & D were not discussed D. City attorney's opinion of the status for PS districts. E. Report on the planner's meeting with St. John's Woods Homeowners Association. The planner informed the commission of his meeting with the St. John Woods HOA and expressed the need of holding discussions and meetings with the Homeowners Associations in the City. VT. ADJOURNMENT. Meyers moved, Lynch seconded, to adjourn at 1:I7 AM. The motion carried unanimously. i