HomeMy WebLinkAboutPlanning Commission - 07/22/2019 (2)
AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, July 22, 2019 - 7:00 P.M.
PLANNING COMMISSION MEMBERS:
John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed
Farr, Michael DeSanctis, Christopher Villarreal, Carole
Mette, Balu Iyer
STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer;
Matt Bourne, Manager of Parks and Natural Resources
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE -- ROLL CALL III. APPROVAL OF AGENDA
IV. MINUTES
A. Approval of the Minutes for the July 8, 2019 meeting
V. PUBLIC HEARINGS
A. PARKS REZONING Request to:
• Rezone City owned parks and open space parcels that are not currently zoned as such to
Parks/Open Space
B. VARIANCE #2019-03 Request for:
• Monument sign height of 23 feet 9 inches. City Code is 20 feet maximum height
• Monument sign setback of 6.4 feet. City Code is 20 feet maximum
• Monument sign(s) size greater than 80 square feet. City Code is 80 sq. ft. maximum
VI. PLANNERS’ REPORT
VII. MEMBERS’ REPORTS VIII. ADJOURNMENT
ANNOTATED AGENDA
TO: Planning Commission Members
FROM: Julie Klima, City Planner
RE: Planning Commission Meeting for Monday, July 22, 2019 _______________________________________________________________________________ MONDAY, JULY228, 2019 7:00 PM, COUNCIL CHAMBERS
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE- ROLL CALL
IV. APPROVAL OF AGENDA
MOTION: Move to approve the agenda.
V. APPROVAL OF MINUTES
A. PLANNING COMMISSION MEETING HELD MONDAY, JULY 8, 2019
MOTION: Move to approve the Planning Commission minutes dated July 8, 2019.
VI. PUBLIC HEARINGS
A. PARKS REZONING
Request to:
• Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5,
RM-2.5, I-Gen, Office, and Community Commercial to Park and Open
Space Zoning District
In 2017, the City of Eden Prairie adopted a Park and Open Space Zoning District and associated regulations such as permitted uses, setbacks, parking etc. The purpose of creating the Park and
Open Space Zoning District was to begin the process of bringing the zoning of the City’s parks
into conformance with the City’s 2030 Comprehensive Plan, which was adopted in 2009 and
guides City-owned parks and conservation areas as Park and Open Space. The proposed rezoning includes 35 parks, 1 special use area and 15 conservation areas. The City-owned properties proposed to be rezoned are currently zoned a variety of different zoning districts including Rural,
Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial with
differing development standards. The proposed rezoning to Park and Open Space provides for
zoning that is more consistent with the actual use of the properties, and has more appropriate and consistent regulations. The Park & Open Space Zoning District restricts permitted uses to those
related to parks and open spaces, and does not allow uses related to residential and business
development.
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the Zoning District Change from Rural,
Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to
Park and Open Space Zoning District based on the Staff Report dated July 15, 2019.
ANNOTATED AGENDA July 22, 2019
Page 2
B. VARIANCE#2019-03
Location: 12900, 13000, 13250, and 13300 Technology Dr. Request:
• To permit two free-standing signs with the following variances:
1. Sign sizes greater than 80 and 36 square feet
2. Sign bases greater than 40 square feet 3. One sign with a height greater than 20 feet
The variances requested include increased sign size for two (2) freestanding signs and
increased sign height for one (1) freestanding sign. The signs will be located within the 18.1
acre Southwest Station PUD and provide tenant identification for two commercial lots and one Traffic Oriented Development lot. The increased sign sizes and height may have merit in
relationship against the backdrop of three 6-story buildings including two parking ramps and
Elevate apartment/commercial complex. Standard signs within the complex may lose their
intended communication purpose against the mass of buildings and light rail structures.
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of Variance Request #2019-03 based on
information outlined in the Planning Department Staff Report dated 07-15-19 and Finding
and Conditions of Final Order #2019-03.
VII. PLANNERS’ REPORT
VIII. MEMBERS’ REPORT IX. ADJOURNMENT
MOTION: Move to adjourn the Planning Commission meeting.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JULY 8, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette, Balu Iyer
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer;
Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Iyer and Villarreal were absent.
III. APPROVAL OF AGENDA
MOTION: Kirk moved, seconded by Mette to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Weber moved, seconded by DeSanctis to approve the minutes of June 10,
2019. MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. OAK POINT ELEMENTARY SCHOOL SITE PLAN AND VARIANCE
#2018-02 Request for:
• Variance from Shoreland Code to allow impervious surface to exceed the
City Code requirement of 30%
• Site Plan Review on 23.05 acres
Jay Pomeroy with Anderson Johnson Associates presented a PowerPoint and
detailed the application. The school is located on a parcel with 23 acres, with an
adjoining parcel of 8 acres to the west. The variance would increase the
PLANNING COMMISSION MINUTES July 8, 2019
Page 2
impervious surface from 36.36 percent to 38.74 percent on the 23 acre parcel. The
parking lot would be expanded on the southwest corner of the property, just over
the ball fields, for a total of 84 cars. The parking lot would ease congestion on the
site. An 18-inch deep infiltration basin would be constructed to the west. The proposed project also included landscaping and screening.
DeSanctis asked if the two ballfields southwest of school was utilized by Eden
Prairie recreational leagues, and Pomeroy replied they were not; they were used
exclusively by the school. DeSantis asked what the rational was for using impervious concrete instead of a more sustainable alternative. Pomeroy replied
porous pavers and porous concrete were considered, but would require an
infiltration below ground. The issue of maintenance during the winter months and
cost drove the choice of materials. Also, the soil on site limited the choice
according to Watershed District standards. Mette asked what drove this need for a larger parking lot. Pomeroy replied school design has changed over time, with
fewer students traveling by bus and more dropped off by parents. The Spanish
Immersion School changed some demographics and drove a change in traffic
circulation, causing congestion of traffic from Staring Lake Road.
Higgins noted in her experience on site the parallel parking could make it
confusing to find a parking spot and to navigate with buses. She added it was also
confusing to know where to park considering some areas were for staff and she
welcomed an improvement. She asked for a timeline. Pomeroy estimated
construction would begin in August with a completion date perhaps in October, 2019.
Farr noted this would become the only elementary school in Eden Prairie without
ballfields. Pomeroy replied there was no motivation to eliminate ballfields; it was
a balance between parking and open space. The playground to the north would offer a youth-size softball field and there was open space to provide for t-ball and
other activities. That playground was always busy, whereas the ballfields were
not. Farr suggested reaching out to residents in the vicinity regarding the
repurposing of the open space. Farr also asked for more detail on ingress and
egress. Pomeroy replied the two outbound lanes shown in one of the plans had been eliminated after meeting with staff. Farr noted the exit would still be
congested, and asked why not have the north entrance and exit as the only access
to the parking lot for better circulation. Pomeroy replied this was considered, but
staff asked for the second south entrance and exit. Since staff arrived first and left last, he did not see an issue with stacking. The southern access could be coned off as necessary. Farr noted the plan called for LED lighting and asked if the current
lot was lit by LED lights and if not, if there was a conversion plan in place.
Pomeroy replied the lot was not lit by LED, but the school district had a long-term
plan to convert to LED lighting; that was, however, not a part of this project. DeSanctis asked for and received clarification that these plans were reviewed at the Riley-Purgatory Watershed Board Meeting of March, 2019 and were not
PLANNING COMMISSION MINUTES July 8, 2019
Page 3
scheduled for March, 2020. Pieper asked for and received clarification the south
parking lot was for overflow parking.
Klima presented the staff report. The variance was to exceed the impervious surface requirement in the shoreland district and a site plan approval for the entire
site due to the addition of the parking lot. The variance did meet the three-part
test, the parking lot did satisfy all City standards, and staff recommended approval
of both requests.
Mette asked if the additional seven-acre parcel would be rezoned. Klima replied
this parcel was owned by the school district and zoned public, which would not
change; only City-owned properties would be rezoned as part of the parks
rezoning. Farr noted there was on the south side of the property there were two
utility easements running parallel to each other: a water main and a gas pipeline without a pipe utility in it. He asked if the gas pipeline was vacated and/or would
the storm sewer cross it and if so, if there would be any issues with this.
Rue replied the applicant’s civil engineer looked at this. The gas main was an
older one and could be fairly deep, perhaps deeper than normal, and it was potholed. Pomeroy replied the gas main would be potholed again before the start
of construction. It was likely three to four feet deep, and the storm sewer would
be laid beneath it.
MOTION: Kirk moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0.
MOTION: Kirk moved, seconded by Higgins to approve Variance #2018-02
based on the staff report dated July 2, 2019 and plans stamp-dated June 28, 2019. MOTION CARRIED 7-0.
MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the
site plan review on 23.05 acres staff report dated July 2, 2019 and plans stamp-
dated June 28, 2019 and the findings and conditions in the final order number
2018-02. MOTION CARRIED 7-0.
B. SOUTHWEST TRANSIT NORTH BUS ENTRY/OFFICE ADDITION
Request for:
• Planned Unit Development District Amendment on 10.05 acres
• Site Plan Review on 10.05 acres
Len Simich, CEO of Southwest Transit, introduced Gary Hay of Hay Dobbs
Architects and briefly explained the need for the garage expansion. This was to become the new corporate office for Southwest Transit since the current one was being displaced with the building of the LRT line, and to clean up the circulation
of the business in and out of the site. Hay Dobbs displayed a PowerPoint and
PLANNING COMMISSION MINUTES July 8, 2019
Page 4
detailed the application. The applicant would construct a 2,689 square foot
building addition for a bus entry and offices on at the front of the building. The
site would include an existing maintenance garage with warehouse and office
space. The two-story building addition would include the bus entry on the first floor and offices on the second floor. The materials included face brick, glass and
metal panels. The roof heights varied due to the screening elements, although the
roof elevation remained at the same height. Hay displayed the elevation seen east
to west on Highway 62 showing the varying roof heights and material choices.
The second floor office would include a collaboration space.
DeSanctis commended the thoughtful presentation and the aesthetics of the
building. He asked if there was an opportunity to introduce solar energy as a
supplemental source of energy. Hay replied when exploring this in other projects
he found the cost to be prohibitive. There might be an opportunity in the future given the scale of this building.
Klima presented the staff report. This was essentially a Phase II project and no
waivers were proposed as the needed waivers were addressed previously. The
landscape plan exceeded City requirements. Staff would continue to work with the applicant on the compliance of the Class II materials. Staff recommended
approval.
Pieper asked if this expansion had been brought forward at the previous public
hearing for phase I in 2018, if staff would have had any concerns, and Klima replied there would have been no concerns from staff.
MOTION: Farr moved, seconded by Weber to close the public hearing.
MOTION CARRIED 7-0.
Mette commended the design and the choice of materials, particularly the zinc
which was not inexpensive. Pieper concurred. Farr also commended the choice of
the materials.
MOTION: Far moved, seconded by Kirk to recommend approval of Southwest Transit northwest entry office addition based on the staff report dated July 2, 2019
and the plans June 11, 2019. MOTION CARRIED 7-0.
VI. PLANNERS’ REPORT
VII. MEMBERS’ REPORTS
VIII. ADJOURNMENT
MOTION: Weber moved, seconded by DeSantis to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 7:46 p.m.
STAFF REPORT
TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: July 15, 2019
SUBJECT: Park and Open Space Zoning District Rezoning
LOCATION: Various City-owned Properties Throughout the City
REQUEST: • Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5,
RM-2.5, I-Gen, Office, and Community Commercial to Park and Open
Space Zoning District
BACKGROUND
In 2017, the City of Eden Prairie adopted a Park and Open Space Zoning District and associated
regulations such as permitted uses, setbacks, parking etc. The purpose of creating the Park and Open
Space Zoning District was to begin the process of bringing the zoning of the City’s parks into
conformance with the City’s 2030 Comprehensive Plan, which was adopted in 2009. The 2030 Plan
guides City-owned parks and conservation areas as Park and Open Space. State law requires zoning
to conform to the Comprehensive Plan. Now that the zoning district and associated regulations have
been adopted, the City is beginning the second phase of the overall process to rezone parks and open
spaces.
The new zoning classification is designed to ensure these properties remain as parks and open
spaces. The Park & Open Space Zoning District restricts permitted uses to those related to parks and
open spaces, and does not allow uses related to residential and business development. Park
operations and the process of making park improvements will not change, and the new zoning will
not affect adjacent private property.
The proposed rezoning includes 35 parks, 1 special use area and 15 conservation areas. The
proposed rezoning to Park and Open Space provides for zoning that is more consistent with the
actual use of the properties, and has more appropriate and consistent regulations. The City-owned
properties proposed to be rezoned are currently zoned a variety of different zoning districts
including Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community
Commercial, which provide for differing development standards such as setbacks, building
height, parking etc.
PUBLIC OUTREACH On June 3, 2019, the City held an Informational Meeting regarding the park and open space
rezoning project at the Parks Recreation and Natural Resources Commission meeting. All
Staff Report – Park Rezoning
Page 2
2
property owners within 500 feet of City-owned parks and conservation areas were invited to
attend. This resulted in mailing letters to approximately 9,200 property owners. In addition to a
description of the project and meeting details, the letter also directed the property owners to a
map on the website identifying all of the parks and conservation areas that are included in this
project.
After the letters were mailed, staff received approximately 50 phone calls from property owners
asking for more information about the project and the process. Approximately 100 residents
attended the meeting to gather information and ask questions. A public hearing notice for the
Planning Commission meeting was sent to the same list of property owners. The notice invited
the property owners to the Planning Commission public hearing as well as a public hearing
before the City Council on August 13, 2019.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen,
Office, and Community Commercial to Park and Open Space Zoning District.
§¨¦494
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OP1
OP4 OP62
OP39 OP61
OP60OP4OP101
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OP61
OP61 OP62
OP4
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Grass LakeRice Lake
Lake Riley
Bryant Lake
Anderson Lake
Staring Lake
Rice Marsh Lake
Mitchell Lake
Red Rock Lake
Duck Lake
Neill Lake
Birch Island
Little Rice Lake
Lake Smetana
Round Lake
Eden Lake
McCoy Lake
Lake Idlewild
PARK REZONING MAP
Ü00.5 10.25 Miles
RURAL
R1-22
R1-13.5
R1-9.5
RM-6.5
RM-2.5
OFC
C-COM
I-GEN
I-2
PUB
RIGHT-OF-WAY
WATER
One Family Residential
One Family Residential
One Family Residential
Multi-Family Residential
Multi-Family Residential
Office
Community Commercial
General Industrial
Industrial Park
Public
Map prepared by the City of Eden Prairie Planning Division - July 3, 2019
Park Name
Birch Island Park
Birch Island Woods Conservation Area
Bluffs West 1
Bluffs West 2
Cardinal Creek Conservation Area
Carmel Park
Creekwood Park
Crestwood Park
Eden Lake Park
Eden Valley Park
Edenbrook Conservation Area
Edenvale Conservation Area
Edenvale Park
Edgewood Park
Flying Cloud Drive Dog Park
Forest Hills Park
Franlo Park
Hidden Ponds Park
High Trail Estates Park
Holasek Hill Park
Homeward Hills Park
James A. Brown Conservation Area
Lower Purgatory Creek Conservation Area
Miller Park
Mitchell Marsh Conservation Area
Nesbitt Preserve Park
Nine Mile Creek Conservation Area
Overlook Park
Pheasant Woods Park
Pioneer Park
Prairie Bluff Conservation Area
Prairie East Park
Prairie View Park
Purgatory Creek Park
Red Rock Conservation Area
Red Rock Lake Park
Rice Marsh Lake Park
Richard T. Anderson Conservation Area
Riley Creek Conservation Area
Riley Lake Park
Round Lake Park
Rustic Hills Park
Smetana Lake Park
Staring Lake Park
Sterling Field Park
Timber Creek Conservation Area
Topview Park
Westgate Conservation Area
Willow Park
Wyndham Knoll Park
Legend
Parcels
Lakes
1
2
4 3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
20
19
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
1234
5678910111213141516171819
202122232425
2627282930313233343536373839404142434445464748
4950
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Airport Office
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Airport Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
TOD-R Transit Oriented Development - Residential
Current Zoning of Properties Proposed to be Rezoned to Park and Open Space
City-Owned Parks and Conservation Areas Proposed to be Rezoned
Current Zoning of Other Properties (For Reference Only)
51 Riley Creek Conservation Area west of Dell Road
51
STAFF REPORT
TO: Planning Commission
FROM: Steve Durham, Planner II
DATE: July 15, 2019
SUBJECT: Sign Variance Request for Southwest Transit Station by Timberland Partners,
Inc., Naper Corner TRP, LLC, Cloutier Properties Corp.
LOCATION: 12900, 13000, 13250, and 13300 Technology Drive
REQUEST: • To permit two free-standing signs with the following variances:
1. Sign sizes greater than 80 and 36 square feet
2. Sign bases greater than 40 square feet
3. One sign with a height greater than 20 feet
BACKGROUND
The three properties included in this variance request are located in the Southwest Station Planned
Unit Development (PUD) established in 2002. The Comprehensive Guide Plan designation for these
properties are Transit Oriented Development (TOD) and Regional Commercial. The properties are
zoned Transit Oriented Development-Residential (Elevate Site) and Commercial Regional Service
C-Reg-Ser (Commercial sites 13000 and 13250 Technology Drive.)
Staff Report –
July 15, 2019 Page 2
2
The three contiguous properties within this variance request are located within the 2002 Southwest
Station PUD and City Code permits shared off-site signing, that is, all three property owners may
utilization sign area on the proposed signs.
The 2002 Southwest Station PUD received a waiver for an area identification sign in the Public
Right-of-Way at the southwest intersection of Prairie Center Drive and Technology Drive. This sign
has been removed during the construction of Elevate.
In 2018, Elevate TOD development was approved. Currently under construction, Elevate includes
222 apartment units and first floor commercial retail. Three existing retail buildings are located
south and west of Elevate.
City Code permits freestanding signs for each of the three parcels.
• The Elevate site at 12900 Technology Dr. would be allowed two freestanding
signs with a total sign area of 116 square feet.
• The 13000 Technology Dr. (Shops at Southwest Station) would be allowed one
freestanding sign of 80 square feet.
• The 13250 Technology Dr. site would be allowed one freestanding sign of 80
square feet.
Therefore, if all properties individually installed signs as permitted by City Code four (4) signs
would be erected ranging in size from 36 square feet to 80 square feet for a total of 276 square feet
sign area. Rather than construct signs on each parcel the applicants are requesting to consolidate sign
area into two signs with a total of 539.5 square feet sign area.
VARIANCE REQUEST
Two (2) freestanding signs are proposed for the three sites. One sign will be located in the Public
Right of Way. One sign will be located on the Elevate building.
Sign Size:
• The area identification sign located in the Public right-of-Way has a sign size of
366.5 square feet and is shown as Exhibit C in the applicants submitted materials.
• A freestanding sign located on the Elevate building has a sign size of 173 square
feet and is shown as Exhibit D in the applicants submitted material.
• City Code would allow four individual signs totaling 276 square feet.
Sign base:
• The area identification sign located in the Public right-of-Way has a sign base of
54 square feet and is shown as Exhibit C in the applicants submitted materials.
• A freestanding sign located on the Elevate building has a sign base of 53 square
feet and is shown as Exhibit D in the applicants submitted materials.
• City Code would allow sign base of 40 square feet for each sign.
Staff Report –
July 15, 2019 Page 3
3
Sign Height:
• The area identification sign located in the Pubic right-of-way has a sign height
of 23’9”. Code maximum is 20’. This sign is Exhibit C in the applicants submitted
materials.
VARIANCE REVIEW
“Practical difficulties” is a legal standard set forth in law that cities must apply when considering
applications for variances. It is a three-factor test and applies to all requests for variances. To
constitute practical difficulties, all three factors of the test must be satisfied. The three practical
difficulties include reasonableness; uniqueness; and essential character of the neighborhood is
maintained.
Reasonable use of the property - The first factor is the property owner proposes to use the
property in a reasonable manner. This factor means that the landowner would like to use the
property in a particular reasonable way, but cannot do so under the rules of the ordinance. The
landowner proposes to use the property in a manner consistent with the existing land use. The
proposed signs are consistent with the underlying Comprehensive Guide Plan and underlying
zoning. It is reasonable based on the TOD use of the property to consolidate signs for maximum
visibility at the major intersections.
Unique circumstances - The second factor is that the landowner’s problem is due to
circumstances unique to the property not caused by the landowner. The variances requested are
located in a TOD/commercial center of the City where multitude retail patrons and mass transit
patrons of bus and light rail will converge on a daily basis in a “urban” atmosphere. The City
anticipated high-density residential and commercial development. The scale of the development,
that is Elevate apartments and two parking ramps along with the light rail’s physical location, are
unique circumstances that will offset sign sizes requested. Signs according to City Code would
be dwarfed by the mass of building and light rail structures and add multiple signs structures to
an already monumental densely developed project. Exhibit E demonstrates visual context of how
the signs interact with the physical development around the signs.
Essential character of neighborhood - The third factor is that the variance, if granted, will not
alter the essential character of the locality. Under this factor, consider whether the resulting
structures, sign size and sign height will be out of scale, out of place, or otherwise inconsistent
with the surrounding area. Based on the scale of the 6-story Elevate apartment/retail building, the
scale of the existing and proposed parking decks, and the scale and height of the light rail
structure surrounding the east and north portion of the properties the essential character of the
neighborhood will not be impacted by the requested variances.
Staff Report –
July 15, 2019 Page 4
4
STAFF RECOMMENDATION
The granting of the variance is in harmony with intent and general purposes of the ordinance and
the nature of the variance requested are consistent with the comprehensive guide plan.
Recommend approval of Variance Request #2019-03 based on information outline in the Planning
Department Staff Report dated July 15, 2019 and findings and Conditions of Final Order #2019-
03.
VARIANCE #2019-03
CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER #2019-03
APPLICANT: OWNER: Timberland Partners, Inc., Naper Corner TRP, LLC, Cloutier Properties Corp.
ADDRESS: 12900, 13000, 13250, and 13300 Technology Dr. Eden Prairie, Minnesota
OTHER DESCRIPTION: Legal Description – see attached Exhibit B
VARIANCE REQUEST: 1. To permit two free-standing signs with the following variances: See Exhibit C
The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above
petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows:
1. All procedural requirements necessary for the review of said variance have been met. (Yes No ).
2. Variance #2019-03 is:
_____ granted _____ modified
_____ denied 3. Findings and conditions are attached as Exhibit A.
4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on August 5, 2019, however, this variance shall expire one year after the date of the approval unless the applicant has
commenced the authorized improvements or use or has received an extension of the time period as provided below. The applicant may submit a request for a one-time extension of up to one year from the original expiration date.
Said extension shall be requested in writing to the City Planner at least 60 days prior to the expiration of the approval. The requested extension shall be reviewed by the City Planner. If the facts and circumstances under
which the original variance was granted have not materially changed, the City Planner may approve the extension.
If there has been a material change in circumstance since the granting of the variance, the City Planner shall submit the request for review and consideration by the Board.
5. All Board of Adjustments and Appeals actions are subject to City Council Review.
BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable BY________________________________________________
Planning Commission Chair – Andrew Pieper Date: 07-22-19
2
EXHIBIT A – FINDINGS AND CONDITIONS VARIANCE #2019-03
FINDINGS “Practical difficulties” is a legal standard set forth in law that cities must apply when considering
applications for variances. It is a three-factor test and applies to all requests for variances. To constitute
practical difficulties, all three factors of the test must be satisfied. The three practical difficulties include
reasonableness, uniqueness, and maintained essential character of the neighborhood. Additionally the variance demonstrates harmony with other land use controls.
1. Reasonable use of the property - The first factor is the property owner proposes to use the
property in a reasonable manner. This factor means that the landowner would like to use the
property in a particular reasonable way, but cannot do so under the rules of the ordinance. The landowner proposes to use the property in a manner consistent with the existing land use. The
proposed signs are consistent with the underlying Comprehensive Guide Plan and underlying
zoning. It is reasonable based on the TOD use of the property to consolidate signs for maximum
2. Unique circumstances - The second factor is that the landowner’s problem is due to circumstances unique to the property not caused by the landowner. The variances requested are located in a
TOD/commercial center of the City where multitude retail patrons and mass transit patrons of bus
and light rail will converge on a daily basis in a “downtown” atmosphere. The City anticipated
high-density residential and commercial development. The scale of the buildings, that is Elevate
apartments and two parking ramps along with the light rail’s physical location are unique circumstances that will offset sign sizes requested. Signs designed according to code may be
dwarfed in relationship to the mass of building and light rail structures.
3. Essential character of neighborhood - The third factor is that the variance, if granted, will not alter
the essential character of the locality. Under this factor, consider whether the resulting structures, sign size and sign height will be out of scale, out of place, or otherwise inconsistent with the
surrounding area. Based on the scale of the 6-story elevate apartment/retail building, the scale of
the existing and proposed parking decks, and the scale and height of the light rail structure
surrounding the east and north portion of the properties the essential character of the
neighborhood will not be impacted by the requested variances.
The granting of the variance is in harmony with intent and general purposes of the ordinance and the
nature of the variance requested are consistent with the comprehensive guide plan.
CONDITIONS
• Subject to the information provided in the Staff, report dated July 15, 2019.
• Subject to plans stamped “Received City of Eden Prairie dated June 11, 2019.”
• An amendment to the encroachment agreement will need to occur prior to sign permit
issuance.
• All utility companies will be notified of the encroachment agreement amendment.
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EXHIBIT B – LEGAL DESCRIPTIONS - VARIANCE REQUEST #2019-03
Legal Description:
12900 Technology Drive, Eden Prairie, MN – Lot 1, Block 1 Elevate at Southwest Station.
13000 Technology Drive, Eden Prairie, MN – Lot 2, Block 1, Southwest Station
13250 Technology Drive, Eden Prairie, MN – Lot 3, Block 1 Southwest Station 2nd Addition
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EXHIBIT C – VARIANCE REQUEST #2019-03
Sign Size:
• The area identification sign located in the Public right-of-Way has a sign size of 366.5
square feet and is shown as Exhibit C in the applicants submitted materials dated June
11, 2019.
• A freestanding sign located on the Elevate building has a sign size of 173 square feet and is shown as Exhibit D in the applicants submitted material dated June 11, 2019.
Sign base:
• The area identification sign located in the Public right-of-Way has a sign base of 54 square feet and is shown as Exhibit C in the applicants submitted materials dated June 11, 2019.
• A freestanding sign located on the Elevate building has a sign base of 53 square feet and
is shown as Exhibit D in the applicants submitted materials dated June 11, 2019.
Sign Height:
• The area identification sign located in the Pubic right-of-way has a sign height of 23’9”.
Code maximum is 20’. This sign is Exhibit C in the applicants submitted materials dated
June 11, 2019.
1
PROJECT PROFILE – JULY 22, 2019
PLANNING COMMISSION – JULY 22, 2019
1. PARKS REZONING (2019-10) by City of Eden Prairie (BETH) Rezone City owned parks and open space areas to Parks/Open Space Zoning District
Contact: Beth Novak-Krebs, 952-949-8490
Request:
• Rezone City owned parks and open space parcels that are not currently zoned as such to Parks/
Open Space
Application Info Planning Commission City Council
Date Submitted 05/01/19
Date Complete N/A
120 Day Deadline N/A
Info. Meeting 06/03/19
Notice to Paper Date 07/03/19
Resident Notice Date 07/05/19
Meeting Date 07/22//19
Notice to Paper Date 00/00/19
Resident Notice Date 00/00/19
1st Meeting Date 00/00/19
2nd Meeting Date 00/00/19
2. VARIANCE #2019-03 by Timberland Partners, Inc. (STEVE)
Request for a monument sign height, setback and size variance from City Code.
Location: 12900, 13000, 13250 and 13300 Technology Dr. Contact: Ryan Sailer, 952-351-9308
Request for:
• Monument sign height of 23 feet 9 inches. City Code is 20 feet maximum height.
• Monument sign setback of 6.4 feet. City Code maximum is 20 feet.
• Monument sign(s) size greater than 80 square feet. City Code maximum is 80 square feet
Application Info Planning Commission City Council
Date Submitted 05/09/19
Date Complete 06/11/19
120 Day Deadline 10/09/19
Initial DRC review 05/16/19
Notice to Paper Date 07/03/19
Resident Notice Date 07/05/19
Meeting Date 07/22/19
Notice to Paper Date N/A
Resident Notice Date N/A
1st Meeting Date N/A
2nd Meeting Date N/A
2
PLANNING COMMISSION – AUGUST 12, 2019
1. WOODCREST PLACE (2019-09) by Schaefco Development, LLC (BETH) Proposal for 11 lots with for sale detached villas. Location: 17170 Beverly Drive
Contact: Tim Brown, 612-802-6948
Request for:
• Zoning District Change from Rural to R1-9.5 on 5.4 acres
• Preliminary Plat of one lot into eleven lots
Application Info Planning Commission City Council
Date Submitted 05/13/19
Date Complete 06/10/18
120 Day Deadline 10/07/19
Initial DRC review 05/16/19
Notice to Paper Date 07/24/19
Resident Notice Date 07/26/19
Meeting Date 08/12/19
Notice to Paper Date 00/00/19
Resident Notice Date 00/00/19
1st Meeting Date 00/00/19
2nd Meeting Date 00/00/19
2. PARAVEL APARTMENTS (2019-11) by Timberland Partners (JULIE)
Proposal for a 246-unit multi-family community as Phase 2 of the Castle Ridge redevelopment project.
Location: 635 Prairie Center Dr. Contact: Robert Fransen, 952-843-2040
Request for:
• Planned Unit Development Concept Review on 4.962 acres
• Planned Unit Development District Review with waivers on 4.962 acres
• Site Plan Review on 4.962 acres
• Preliminary Plat of an outlot into one lot on 4.962 acres
Application Info Planning Commission City Council
Date Submitted 05/20/19
Date Complete 00/00/19
120 Day Deadline 00/00/19
Initial DRC review 05/30/19
Notice to Paper Date 07/24/19
Resident Notice Date 07/26/19
Meeting Date 08/12/19
Notice to Paper Date 00/00/19
Resident Notice Date 00/00/19
1st Meeting Date 00/00/19
2nd Meeting Date 00/00/19
3
3. COSTCO FUEL FACILITY EXPANSION (2019-12) by Barghausen Consulting Engineers, Inc.
(STEVE) Proposal for a fuel facility expansion and site improvements. Location: 12011 Technology Drive.
Contact: Julie Anderson, 452-656-7403
Request for:
• Planned Unit Development District Amendment with waivers on 18.18 acres
• Site Plan Review on 18.18 acres
Application Info Planning Commission City Council
Date Submitted 06/04//19
Date Complete 06/04/19
120 Day Deadline 10/02/19
Initial DRC review 06/06/19
Notice to Paper Date 07/24/19
Resident Notice Date 07/26/19
Meeting Date 08/12/19
Notice to Paper Date 00/00/19
Resident Notice Date 00/00/19
1st Meeting Date 00/00/19
2nd Meeting Date 00/00/19
4. MILLER PROPERTY (2019-13) by Wooddale Builders (JULIE)
Proposal for 17 detached single-family homes
Location: 7120 Gerard Dr Contact: Steve Schwieters, 952-345-0543
Request for:
• Planned Unit Development Concept Review on 9.73 acres
• Planned Unit Development District Review with waivers on 9.73 acres
• Zoning District Change from R1-13.5 to R1-9.5 on 9.73 acres
• Preliminary Plat of one lot into seventeen lots on 9.73 acres
Application Info Planning Commission City Council
Date Submitted 06/07/19
Date Complete 00/00/19
120 Day Deadline 00/00/19
Initial DRC review 06/13/19
Notice to Paper Date 07/24/19
Resident Notice Date 07/26/19
Meeting Date 08/12/19
Notice to Paper Date 00/00/19
Resident Notice Date 00/00/19
1st Meeting Date 00/00/19
2nd Meeting Date 00/00/19
CONSERVATION COMMISSION – AUGUST 13, 2019
4
CITY COUNCIL PUBLIC HEARING – AUGUST 13, 2109
1. CERTIFICATE OF APPROPRIATENESS (COA) AT GLEN LAKE CHILDREN’S CAMP
by City of Eden Prairie/ True Friends (LORI) Certificate of Appropriateness (COA) for the maintenance of the Lion’s Den at the Glen Lake Children’s
Camp.
Location: 6350 Indian Chief Road Contact: Conor McGrath – 952-852-0101
Heritage Preservation Commission City Council
2. OAK POINT ELEMENTARY SCHOOL SITE PLAN (2018-21) by Anderson-Johnson
Associates, Inc. (BETH) Location: 13400 Staring Lake
Contact: Jay Pomeroy, 763-544-7129
Request for:
• Site Plan Review on 23.05 acres
Application Info Planning Commission City Council
Date Submitted 06/20/18
Date Complete 05/10/19
120 Day Deadline 09/06/19
Initial DRC review 07/12/18
Notice to Paper Date 06/20/19
Resident Notice Date 06/21/19
Meeting Date 07/08/19
Notice to Paper Date N/A
Resident Notice Date N/A
Informal Review 07/16/19
2nd Meeting Date 08/13/19
3. SOUTHWEST TRANSIT NORTH BUS ENTRY/OFFICE ADDITION (2019-14) by SouthWest Transit. (BETH) Proposal for a building addition to include a bus garage entry at the front of the building and additional office
space Location: 14405 W 62nd St Contact: Len Simich, 952-974-3100
Request for:
• Planned Unit Development District Amendment on 10.05 acres
• Site Plan Review on 10.05 acres
Application Info Planning Commission City Council
Date Submitted 06/06//19
Date Complete 06/06/19
120 Day Deadline 10/3/19
Initial DRC review 06/13/19
Notice to Paper Date 06/2019
Resident Notice Date 06/2119
Meeting Date 07/08/19
Notice to Paper Date 07/24/19
Resident Notice Date 07/26/19
1st Meeting Date 08/13/19
2nd Meeting Date 00/00/19
Notice to Paper Date 06/26/19
Resident Notice Date 06/28/19
Meeting Date 07/15/19
Notice to Paper Date 07/24/19
Resident Notice Date 07/26/19
Meeting Date 08/13/19
5
4. ARBY’S (2019-02) by Arc Vision (JULIE)
Proposal for a façade remodel and site improvements at existing location.
Location: 560 Prairie Center Dr
Contact: Tammy Korte, 314-415-2400 Request for:
• Site Plan Review on 1.15 acres
Application Info Planning Commission City Council
Date Submitted 02/06/19
Date Complete 06/20/19
120 Day Deadline 10/17/19
Initial DRC review 02/14/19
Notice to Paper Date N/A
Resident Notice Date N/A
Meeting Date N/A
Notice to Paper Date 07/2419
Resident Notice Date 07/26/19
1st Meeting Date 08/13/19
2nd Meeting Date 00/00/19
CITY COUNCIL CONSENT – AUGUST 13, 2109
1. EDEN HEIGHTS EAST – EXTENSION OF AN APPROVED PRELIMINARY PLAT
2. SHELDON PLACE TOWNHOMES (2019-06) by Schaefco Development, LLC (BETH)
Proposal for 10 townhome units consisting of 2 triplexes and 2 twin homes.
Location: 7960 Eden Prairie Road Contact: Tim Brown – 612-8002-6948
Request for:
• Planned Unit Development Concept Review on 1.01 acres
• Planned Unit Development District Review with waivers on 1.01 acres
• Zoning District Change from Rural to RM-6.5 on 1.01 acres
• Site Plan Review on 1.01 acres
• Preliminary Plat of one lot into 11 lots on 1.01 acres
Application Info Planning Commission City Council
Date Submitted 04/12/19
Date Complete 04/29/19
120 Day Deadline 08/26/19
Initial DRC review 04/18/19
Notice to Paper Date 05/22/19
Resident Notice Date 05/24/19
Meeting Date 06/10/19
Notice to Paper Date 06/26/19
Resident Notice Date 06/28/19
1st Meeting Date 07/16/19
2nd Meeting Date 08/13/19
HERITAGE PRESERVATION COMMISSION – AUGUST 19, 2019
6
IN BUT NOT SCHEDULED
1. RESEARCH RELATED TO FIREARM SALES (2018-13) by City of Eden Prairie (PLANNING
STAFF)
Research regulations relating to Firearm Sales Contact: Julie Klima, 952-949-8489
Request:
• To Research regulations relating to Firearm Sales
Application Info Planning Commission City Council
Date Submitted 03/16/18
Date Complete 00/00/18
120 Day Deadline N/A
Initial DRC review 00/00/18
Notice to Paper Date 00/00/18
Resident Notice Date N/A
Meeting Date 00/00/18
Notice to Paper Date 00/00/18
Resident Notice Date 00/00/18
1st Meeting Date 00/00/18
2nd Meeting Date 00/00/18
2. SOUTHWEST STATION PUD AMENDMENT (2015-23) by SW Metro Transit Commission
(JULIE) Proposal for additional parking structure at southwest station Contact: Julie Klima, 952-949-8489
Request for:
• Planned Unit Development District Review with waivers on 11.38 acres
• Zoning District Amendment within the Commercial Regional Service Zoning District on
11.38 acres
• Site Plan Review on 11.38 acres
Application Info Planning Commission City Council
Date Submitted 00/00/15
Date Complete 00/00/15
120 Day Deadline 00/00/15
Initial DRC review 00/00/15
Notice to Paper Date 11/19/15
Resident Notice Date 11/20/15
Meeting Date 12/07/15
Notice to Paper Date 12/17/15
Resident Notice Date 12/18/15
1st Meeting Date 01/05/16
2nd Meeting Date 00/00/00
7
APROVED VARIANCES
1. OAK POINT ELEMENTARY SCHOOL VARIANCE# 2018-02 by Anderson-Johnson
Associates, Inc. (BETH)
Location: 13400 Staring Lake Contact: Jay Pomeroy, 763-544-7129
Request for:
• Variance from Shoreland Code to allow impervious surface to exceed the City Code requirement of 30%.
Application Info Planning Commission City Council
Date Submitted 06/20/18
Date Complete 05/10/19
120 Day Deadline 09/06/19
Initial DRC review 07/12/18
Notice to Paper Date 06/20/19
Resident Notice Date 06/21/19
Meeting Date 07/08/19
Notice to Paper Date N/A
Resident Notice Date N/A
Informal Review 07/16/19
2nd Meeting Date 08/13/19
TELECOMMUNICATION
TELECOMMUNICATIONS #2019-04T by ZAYO Group, LLC (c/o – Shelly Trampetti Request: To place a new 50’ wireless support structure in the right of way of Prairie Center Drive in the 450 block (Kohl’s Department Store.)
Location: 450 Block of Prairie Center Drive, Eden Prairie, Minnesota
Contact: Shelly Trampetti – 651-895-6823 or s.trampetti@avergegroup.com
Application Info Planning Commission City Council
Date Submitted 06-24-19
Date Complete 07-01-19
90 Day Deadline 09-22-19
Initial DRC review 07-11-19
Notice to Paper Date N/A
Resident Notice Date N/A
Meeting Date N.A
Notice to Paper Date N/A
Resident Notice Date N/A
1st Meeting Date N/A
2nd Meeting Date N/A