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HomeMy WebLinkAboutPlanning Commission - 03/25/2024AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, March 25, 2024 PLANNING COMMISSION MEMBERS: John Kirk, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Daniel Grote, Frank Sherwood, Charles Weber, Phou Sivilay STAFF MEMBERS: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. MINUTES A. Approval of the Planning Commission Meeting minutes dated February 12, 2024. V. PUBLIC HEARINGS A. Eden Prairie Public Schools - UNFI Request for: • Comprehensive Guide Plan Amendment to Public/ Semi Public and Parks & Open Space on 60.91 acres • Zoning District Change from Office/ Park and Open Space to Public/ Park and Open Space on 60.91 acres B. Code Amendment – Office Use in Industrial Flex Tech Request for: • Amend City Code Section 11.30 to allow for more office use by percentage in parcels zoned I-2 and I-5. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS VIII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 12, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Kirk called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission members Pieper, Farr, and Weber were absent. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Taylor to approve the agenda. MOTION CARRIED 6-0. [Sivilay arrived 7:01 p.m.] IV. MINUTES MOTION: Taylor moved, seconded by Mette to approve the minutes of December 11, 2023. MOTION CARRIED 6-0. V. PUBLIC HEARINGS A. 9740 EDEN PRAIRIE ROAD Request for • Zoning Amendment on 1.77 acres • Preliminary Plat on 1.77 acres PLANNING COMMISSION MINUTES February 12, 2024 Page 2 Dan Blake, 16831 Cedar Crest Drive, owner and operator of Dunlap Company, displayed a PowerPoint and detailed the application. He displayed a list of past Eden Prairie developments and gave the general location of the property. The application proposed to rezone approximately 1.77 acres from Rural to R1-9.5 and a Preliminary Plat to subdivide the property into two R1-9.5-compliant lots (0.7 and 0.8 acres) and one Outlot A for the provision of a future roadway which would be deeded to the City. Blake displayed an aerial view of the site and explained there were many meetings with the adjacent acres and City staff to find a use for the property, and it was originally determined that combining this property with another parcel would be the best solution. However, that had not gone through, and the result would be two lots for two single-family homes 90- foot lots and with a road to connect through in the future. Blake displayed a drawing of the site showing the existing Klein and Robins houses. This was once a gravel parking lot, so the land was mostly gravel and graded flat, with the exception of a hill to the south. There were no heritage trees on site, and the trees on the hill would not be altered. The drawing showed the proximity of the two nearest houses to the site. Sewer and water would have to be installed, which Blake proposed would be taken up with the building of any new houses on these sites. There would also be no grading project with this application. There was no onsite water treatment and he realized he had to work with the Watershed District. There was a provision for a future road extension to Prospect Road. He agreed to abide by the terms and conditions of the staff report. Mette asked if the houses could be closer to the street. Blake stated the Zoning Code would set them closer, but he would prefer them back farther. Mette noted where the drawing showed “Block One” could theoretically be split to turn this into three lots. Blake replied a three-way division had been considered and discussed with staff, but the hill prevented this. Taylor noted where Lot One was proposed there was a shed in the eastern extension. Blake stated there was a barn behind (west of) his property, which was why this property was not able to be combined with his; the present owners wished to stay where they were. Barnhart presented the staff report. There were two actions requested: the rezoning, and the preliminary plat to subdivide the property. The property would be divided into two lots. The preliminary plat met the density of the Comprehensive Plan. There was some question during the review process about extending Prospect Road from the west, and potentially that road could still be approved with the cul-de-sac. A question came up earlier regarding three lots instead of two; early drafts showed this possibility, but staff suggested it be removed due to the hill and the grading change, which would have required the land to be scraped flat and rebuilt. Staff recommended approval of the application subject to the terms and conditions of the staff report. PLANNING COMMISSION MINUTES February 12, 2024 Page 3 Chris Klein, of 9700 Eden Prairie Road (northwest of the proposed development) stated the previous City engineers expected Prospect Road to connect with this present dead end. While he had empathy for the applicant, this development would place the burden on him to make this connection in the future. He was going to pay for only half of the road with the previous proposal, and now it would be entirely his cost. This would decrease his property value. His options were limited being that this was a potential two million dollar cost. He was previously assessed for nine houses, a holding pond, and now feared he would be forced to put a road through his property. The standard was to be no driveways along Eden Prairie Road between Prospect Road and Rodeo Drive. Rodeo Drive was developed at present, and there were driveways along Eden Prairie Road in contradiction to this standard, resulting in people getting stuck waiting for traffic to clear, and the homeowners had not wanted this. The cost to him just went up and he did not think it was fair. He realized there could not be three houses on this site with the road, but this development profited Dan Blake at the expense of him. Liability for the outlot was another consideration, being it was City property, potentially allowing the public to walk it. He questioned the need for an east-west road at all, considering the burden it could place on him. Klein did not prefer to sell to a developer, but now he feared fewer options for sale and a downgrade to his quality of life. MOTION: Mette moved, seconded by Grote to close the public hearing. Motion carried 6-0. Kirk asked City staff to respond. Schulte replied this had been a long process of review, and the City had always encouraged the property owners to package their properties together (which had not occurred), and there was always a plan to connect Prospect Road to the west. The land grade was challenging; however, staff had considered this. Many alternatives were considered, including running Prospect Road to the north, and it could also be dead-ended with a cul-de-sac. Klein was correct that the City preferred there were not many driveways on collector roads. The City wished to accept this plan with the donated Outlot A to carry a roadway. Barnhart agreed infill projects were challenging due to the constraints placed on the property by previous development patterns. This approval did not limit options available. The homeowner to the north did not have to develop ever, according to his choice. Kirk noted Prospect Road had been a robust discussion item over the years. Mette noted the applicant was between a rock and a hard place without the cooperation of the northern neighbor, and she saw no other solution. MOTION: Sherwood moved, seconded by Taylor to recommend approval for a Zoning Amendment on 1.77 acres, and Preliminary Plat on 1.77 acres as PLANNING COMMISSION MINUTES February 12, 2024 Page 4 represented in the February 12, 2024 staff report and based on plans dated January 5, 2024. Motion carried 6-0. PLANNERS’ REPORT MEMBERS’ REPORTS Kirk noted the state legislature might consider suspending the need for parking requirements in new developments, a concept he had broached previously. VI. ADJOURNMENT MOTION: Mette moved, seconded by Taylor to adjourn. Motion carried 6-0. The meeting was adjourned at 7:44 p.m. TO: Planning Commission FROM: Jeremy Barnhart, AICP, City Planner DATE: March 25, 2024 SUBJECT: Eden Prairie School District – UNFI property LOCATION: 11840 Valley View Road REQUEST: • Comprehensive Guide Plan Amendment to Public/ Semi Public and Parks & Open Space on 60.91 acres • Zoning District Change from Office to Public and Park and Open Space on 60.91 acres 120 DAY REVIEW PERIOD DEADLINE June 15, 2024 BACKGROUND Supervalu stores originally owned two parcels on the north side of Valley View Road, south of Bryant Lake. Following the public review process, a development agreement approving development plans on the eastern parcel for their corporate headquarters was signed in 1978. In 2008, approval was granted for an addition. That addition has not been constructed. In 2018, UNFI purchased Supervalu. The Eden Prairie School District is proposing to purchase the eastern parcel from UNFI and use the existing building for educational programming. Public and Private schools are only permitted in the PUB – Public zoning district, requiring a comprehensive plan amendment and a zoning district change. IMPROVEMENTS Other than interior remodeling to configure the space for educational programming, there are no plans to redevelop the property or alter the exterior of the building. Any modification to the exterior of the building or site plan will require city review. COMPREHENSIVE PLAN AMENDMENT The property is currently guided a combination of Office (approximately the southern ½) and Parks Open Space (approximately the northern ½). The proposed amendment re-guides the developed portions of the parcel to PUB. The areas not to be developed are to be re-guided Parks-Open Space. Staff Report – Eden Prairie School District – UNFI property March 25, 2024 Page 2 2 Current Land Use Proposed Land Use When considering a Comprehensive Plan Amendment, a proposal should be evaluated on its impact to the balance of land uses within the city, its impact on surrounding land uses, and the impact on city services, including utilities, roads, and storm water management. No information has been received that suggests the change in use from Office to educational programming will negatively impact surrounding land uses, the site, or city services. The proposed use will not impede development of the city or surrounding area. Traffic anticipated based on the proposed use is much less than office use experienced. No construction is planned, so no additional impacts to storm water or lake water quality are expected. The Metropolitan Council requires a city contemplating a Comprehensive Plan Amendment to provide 60 day notice to surrounding jurisdictions. The 60 day notice period will expire on April 16th, coinciding with the City Councils planned Public Hearing. To date, the city has received responses from Hennepin County, the Watershed District, and the school District. Each have noted that the application does not appear to impact their organization. ZONING DISTRICT CHANGE The property is currently zoned Office and Rural. The Zoning District amendment proposes to change the office zoned portion of the property (shown in pink) to Public, and the balance to Parks and Open Space, aligning with the Comprehensive Land Use Plan. Staff Report – Eden Prairie School District – UNFI property March 25, 2024 Page 3 3 Current Zoning Proposed Zoning DEVELOPMENT AGREEMENT AMENDMENT The Development Agreement will need to be amended to reflect the change in zoning and notate the separate ownership of the two parcels. The City Council reviews and approves any development agreements. STAFF RECOMMENDATION Staff recommends approval of the Comprehensive Plan Land Use Map change and Zoning Map change, as described above. dte-ls.com Toll Free: 888-216-1916 CIVIL MECHANICAL STRUCTURAL ELECTRICAL LAND SURVEYING March 15, 2024 Jeremy Barnhart, AICP – City Planner City Planning Department City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: PROJECT NARRATIVE EDEN PRAIRIE PUBLIC SCHOOLS – 11840 VALLEY VIEW ROAD City Planning Department, Thank you for reviewing this project narrative and other components of the Comprehensive Guide Plan submittal on behalf of the Eden Prairie School District. This submittal addresses the transference of property located at 11840 Valley View Road from UNFI Natural Foods, Inc. to Eden Prairie Public Schools and a zoning change from Office to Public. The previous/existing land use is an office building that was originally constructed in 1979 to serve as Supervalu regional headquarters until UNFI Natural Foods, Inc. acquired Supervalu in 2018 at which time it became UNFI’s regional headquarters. Usage of the building and site became very limited during the pandemic and UNFI’s flexible post-pandemic workplace culture continues this trend which ultimately led UNFI to place the property for sale. Eden Prairie Public Schools serves a growing community and is currently experiencing capacity issues in some of its buildings. More background on Eden Prairie Public Schools and their consideration of purchasing this property can be found in their Minnesota Department of Education Review and Comment submittal attached to this narrative. The existing building located on this site is a three-level building totaling approximately 165,000 square feet. Eden Prairie Public Schools plans on transitioning its TASSLE and Alternative Learning Center programs to this site. TASSEL is a program to prepare 18 to 22-year-olds to achieve independence and focuses coursework on individual needs. The district’s Alternative Learning program is in the process of being approved by the Minnesota Department of Education and focuses on creating and providing authentic and personalized experiences for each student. The facility need to house both programs is to accommodate 245 students in 60,000 square feet. The remaining square footage will be utilized as a warehouse for district storage needs, a professional development location for district staff during select non-student contact days, a secure technology storage area, and a location for special events. Eden Prairie Public Schools does not currently own any vacant land, have room to build on an existing site, or have sufficient capacity at existing sites to house these programs. Continued commitments by the district include lowering class sizes, expanding full-day kindergarten, increasing program support, and expanding program opportunities. Purchasing the 11840 Valley View Road property will provide space to meet the needs of existing programs while providing flexibility to meet future goals. The existing building rests on a 76 acre site that is tucked into the area north of Valley View Road between US Highway 212 and Interstate 494. Bounded on the east and west by wetlands, the north by Bryant Lake, and south by Valley View Road, this site provides a unique opportunity for community use and space for outdoor and environmental learning. Existing parking of 744 stalls provides the ability to convert some Page 2 existing parking into outdoor play spaces. Eden Prairie Public Schools embraces the City of Eden Prairie’s Sustainable Eden Prairie initiative of an “ongoing effort focusing on education and implementation of sustainable practices to protect the environment and natural resources our community enjoys”. Attached to this narrative is a slide deck that states Eden Prairie School’s sustainability commitment and the actions taken to accomplish it. Eden Prairie Public Schools values its partnership with the City of Eden Prairie as environmental stewards and believes this property provides many opportunities to grow this partnership. Consideration will be given to adding EV charging stations, renewable energy such as wind and solar, and stormwater management and treatment. There is existing excess land on this developed site and, while the district does not have any current plans to develop this land, there are opportunities to further address space needs, environmental learning programs, and sustainability initiatives. Limited construction will be required to convert from the existing to proposed use with minor site work associated with cleaning up the existing landscaping and signage to manage internal site vehicle circulation and parking. Due to the limited construction, there will be no impacts to the steep slope site areas, water and wetlands, and wildlife. Stormwater management requirements will not be triggered by this property transfer. Impacts to adjacent transportation infrastructure will be reduced due to the use change. There is a transportation use memorandum included in this submittal that reflects this reduction. A Phase 1 Environmental Assessment has been completed for this transaction and is included in this submittal. Sincerely, DESIGN TREE ENGINEERING & LAND SURVEYING Dan Folsom, PE CEO djf@dte-ls.com 763.270.6310 STAFF REPORT: TO: Planning Commission FROM: Ben Schneider, Planner I DATE: March 25, 2024 SUBJECT: Code Amendment –Office Uses in Industrial Park Zones REQUEST: Recommendation for Zoning Code Amendment related to Office Uses in Industrial Park Districts BACKGROUND: The Comprehensive Plan (Aspire 2040) established a new “Industrial Flex Tech” land use category: “The Industrial Flex Tech land use designation includes both flex service and office uses as well as supporting light industrial uses like small manufacturing, warehousing, and distributing. These uses are primarily found in the dense employment areas such as the GTA. They differ from Flex Service by focusing solely on promoting and supporting heavy employment in existing employment-focused areas of the City. All Industrial Flex Tech development must adhere to the appropriate Design Guidelines established by the City.” The Industrial Flex land use designation includes most parcels in the Golden Triangle (dark blue parcels on the map) and several other lots zoned Industrial Park (I-2 and I-5) throughout the City. PROPOSED AMENDMENT: The purpose of this ordinance is to align the standards in the I-2 and I-5 districts with the stated goals of Industrial Flex Tech in Aspire 2040, promoting employment more generally rather than favoring light industrial uses over office uses. To achieve this, the amendment removes language limiting office to 50 percent of a building’s gross floor area in the I-2 and I-5 zoning districts. Note that this amendment proposes to maintain the 50% cap for the I-GEN district, which is specifically intended for heavy industrial uses. Snippet of Guide Plan Map from Aspire 2040 INDUSTRIAL FLEX TECH COMPARED TO OTHER LAND USES: The table below summarizes how Industrial Flex Tech is distinct from the other “employment” land uses in Aspire 2040. Land Use Corresponding Zoning District(s) Location(s) in City Summary of Goals Industrial Flex Tech Industrial Park Districts (I-2 and I-5) Most of Golden Triangle and other dense employment areas (e.g. Edenvale Corporate Park) Promoting employment-focused office and light industrial uses Industrial General Industrial District (I-GEN) Crosstown Industrial Area (along Industrial Road) Allow heavy industrial uses (plant operations, etc.) with proper buffering Flex Service Flex Service (FS) Martin Drive and Pioneer & Pioneer Promote redevelopment of specific areas via more flexible performance standards; also allows commercial uses in limited circumstances Office Office (OFC) Throughout the City Preserve office uses Removing the office square footage cap removes unproductive regulations that may impede employment and business growth. STAFF RECOMMENDATION: Staff recommends approval of the ordinance that would remove the 50 percent cap on office uses for buildings in the Industrial Park (I-2 and I-5) Zoning Districts. SECTION 11.05 - PERMITTED USES TABLE – COMMERCIAL AND INDUSTRIAL DISTRICTS A. Table Key. 1. P=Permitted Uses 2. C=Conditional Uses 3. A=Accessory Uses B. Additional Standards. The uses listed in the table below are further subject to zoning district standards in Sections 11.20, 11.25, and 11.28 through 11.30, and other standards listed in this Chapter. C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts. D. Permitted Uses Table for Commercial and Industrial Districts. Zoning District Office FS N- Com C- Com C- Reg C- Reg- Ser10 C- Hwy11 I- 2 I- 5 I- Gen A- OFC A- C COMMERCIAL Day Care Facility P P P P P P P P Gasoline/convenience stores P1 P2 P P P P P Hotels/Hospitality/lodging P1 P P P P Microdistillery P P P Microdistillery with Cocktail Room P P P P P P P P P P Pawnshops P Restaurants and Food Service P3 P1 P P P P P P4 P4 P4 P5 P Retail Sales and Services (Direct) conducted within structures and accessory uses P3 P1 P P P P P P4 P4 P4 P5 P Sexually Oriented Businesses P P Small Brewer P P P Small Brewer with Brewer Taproom P P P P P P P P P P OFFICE Business and professional offices and accessory uses P P6 P P P P P P7 P7 P7 P Medical and Dental Clinics P P6 P P P P P P7 P7 P7 P INDUSTRIAL Assembling, Compounding, Manufacturing, Packaging, Processing, Showroom, and/or Wholesale P P P P Automotive Repair Services - Major, when conducted exclusively in an enclosed building P P8 P8 P8 P8 P8 P P P Automotive Repair Services - Minor, when conducted exclusively in an enclosed building. P P P P P P P P P Commercial Kennel P P P Distribution P P P P Funeral Homes P P P P Gymnasium P P P P Live/work space such as artist lofts Self-Storage Facility P Warehousing P P P P PUBLIC Antennas and Towers, subject to City Code Section 11.39 P P P P P P P P P P P P Public Facilities and Services P Public Infrastructure P P P P P P P P P P P P Transit Facilities P RESIDENTIAL Home Occupations, subject to City Code Section 11.65 P9 P9 Multi-family dwellings and accessory structures P9 P9 1 Properties with frontage along a principal arterial street may utilize up to 100 percent of the building’s gross floor area for retail sales and services and restaurants. Properties without frontage along a principal arterial street may utilize up to 25 percent of the building’s gross floor area for retail sales and services and restaurants. 2 Gasoline/convenience stores are not permitted in the Neighborhood Commercial (N-COM) District, provided, however, that gasoline/convenience stores in existence as of January 13, 2022 remain a permitted use under this chapter. 3 Supporting commercial sales and services to office users within large office structures of one hundred thousand (100,000) square feet or more. The commercial use may not exceed fifteen percent (15%) of the gross floor area. 4 Commercial uses in Industrial Districts are limited to 15% of the gross floor area. 5 Supporting commercial sales and services to office users within large office structures of thirty thousand (30,000) square feet or more. The commercial use may not exceed fifteen percent (15%) of the gross floor area. 6 Up to 15% of the gross floor area. 7 Office uses as permitted in the Office District are permitted in the General Industrial District (I-GEN). Office use in the (I-GEN) District Industrial District may not exceed fifty percent (50%) of the gross floor area. Such office use must comply with all of the requirements of this chapter. 8 Must have been in existence as of November 1, 2016 9 Only permitted if provided for within a PUD, or within commercial buildings in the N-Com and C-Com Districts. 10 C-REG-SER uses are limited to sales and service operations which require relatively large sites, attract little or no pedestrian traffic and are not typically found in shopping center structures. 11 C-HWY uses are limited to sales and service operations directly related to highway or freeway uses, tourists, and travelers. SECTION 11.30 – I INDUSTRIAL DISTRICTS Subd. 1. Purposes. A. The purposes of the I-Industrial District are to: 1. Reserve appropriately located area for industrial and related activities; 2. Protect areas appropriate for industrial use from intrusion by inharmonious uses; 3. Protect residential and commercial properties and protect nuisance-free, non-hazardous, industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses; 4. Provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other; 5. Provide adequate space to meet the needs of modern industrial development including off-street parking and truck loading areas and landscaping; 6. Provide sufficient open space around industrial structures to protect them from the hazards of fire and minimize the impact of industrial plants on nearby uses; 7. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and 8. Permit and reserve areas for employment activity and service to the public which do not materially detract from nearby industrial uses. B. The special purposes of the I-2 and I-5 Districts are to: 1. Establish and maintain high standards of site planning, architecture, and landscape design that will create an environment attractive to the most discriminating industries and research and development establishments seeking sites in the Metropolitan area. 2. Provide and ensure the continuity of locations for industries that can operate on small sites with minimum mutual adverse impact. C. The special purpose of the I-GEN General Industrial District is to provide locations where industries that desire larger sites and outside storage can operate with minimum restriction and without adverse effect on other uses. Subd. 2. Permitted Uses. Refer to the table in Section 11.05. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Industrial districts, unless otherwise noted: Standard I-2 I-5 I-Gen Minimum Lot Size 2 acres 5 acres 5 acres Minimum Lot Width 200 ft 300 ft 300 ft Minimum Lot Depth 300 ft 300 ft 300 ft Minimum Lot Width at Right of Way Line 200 ft 300 ft 300 ft Front Yard Setback 50 ft 75 ft 75 ft Side Yard Setback 20 ft 30 ft 30 ft Rear Yard Setback 25 ft 25 ft 50 ft Maximum Building Height 40 ft 40 ft 40 ft Maximum Floor Area Ratio (FAR) 0.3—1 Story 0.5—Multi Story 0.3—1 Story 0.5—Multi Story 0.3—1 Story 0.5—Multi Story Maximum Base Area Ratio (BAR) .3 .3 .3 Minimum Zone Area (Acres) 40 40 80 B. The following minimum standards apply for all accessory structures in the Industrial districts, unless otherwise noted: Standard I-2 I-5 I-Gen Front Yard Setback 50 ft 75 ft 75 ft Side Yard Setback 20 ft 20 ft 20 ft Rear Yard Setback 25 ft 25 ft 50 ft Maximum Height 40 ft 40 ft 40 ft Subd. 4. Requirements and Conditions. In addition to those other provisions in this Chapter that are applicable to all zoning districts or specifically apply to the Industrial Districts, the following conditions and requirements apply to the Industrial Districts: A. Acceptable, approved sanitary sewer service must be provided to all occupied structures. B. Zoning requests will be considered only on the basis of compliance with the Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. C. Office uses as permitted in the Office District are permitted in the General Industrial District (I-GEN). Office use in the Industrial I-GEN District may not exceed fifty percent (50%) of the gross floor area. Such office uses must comply with all of the requirements of this chapter. D. Lots must have frontage on a public street. Corner lots must additional width equal to the minimum interior side yard setback requirement and must in no case be less than ninety (90) feet. Subd. 5. Sexually Oriented Businesses. A. Purpose and Findings. The purpose of this subdivision is to control, through zoning regulations, sexually oriented businesses, which have a direct and detrimental effect on the character of the City's residential and commercial neighborhoods. The City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the City's neighborhoods. 1. Sexually oriented businesses can exert a dehumanizing influence on persons attending places of worship; children attending day care facilities; and students attending public or private schools. 2. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law-enforcement services. 3. Sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. 4. The concentration of sexually oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating. Other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the City's tax base and contribute to overall urban blight. B. Permitted Use. Sexually oriented businesses are a permitted use in the I-2 and I-5 Districts as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this subdivision. Sexually oriented businesses are prohibited in all other districts. C. Performance Standards. All sexually oriented businesses shall comply with the following performance standards: 1. No sexually oriented business may be located closer than one thousand (1,000) feet from any other sexually oriented business. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the other sexually oriented business. 2. No sexually oriented business may be located closer than one thousand (1,000) feet from any place of worship, day care facility, or school. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the place of worship, day care facility, or school. 3. No sexually oriented business may be located closer than one thousand (1,000) feet from any residential use. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the residential use. D. Licensing. All sexually oriented businesses shall comply with the licensing requirements of City Code Section 5.77. E. Sign Regulations. In addition to the sign regulations contained in Section 11.70, the following sign regulations apply to all sexually oriented businesses in the City. Where a provision of this subsection E conflicts with a provision of Section 11.70, the more restrictive provision will apply. 1. All signs shall be wall signs. Free-standing signs, readerboard signs, and dynamic displays are prohibited. 2. The amount of allowable sign area is ten percent (10%) of the wall area that the sexually oriented business occupies of the wall to which it is affixed or thirty (30) square feet, whichever is less. 3. No merchandise, photos, or pictures of the products or entertainment on the premises may be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building in which the sexually oriented business is located. 4. No signs may be placed in any window. A one (1) square foot sign may be placed on the door to state hours of operation and admittance to adults only. Subd. 6. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 7. Landscaping. Landscaping and screening is required pursuant to Section 11.42. Subd. 8. Parking and Off-street Loading. Refer to in Section 11.43 for parking and off-street loading standards. Subd. 9. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 10. Signs. Refer to Section 11.70 for sign regulations. Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations. ANNOTATED AGENDA TO: Planning Commission Members FROM: Jeremy Barnhart, City Planner RE: Planning Commission Meeting for Monday, March 25, 2024 _______________________________________________________________________________ MONDAY, MARCH 25, 2024 7:00 PM, COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA MOTION: Move to approve the agenda. IV. APPROVAL OF MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, FEBRUARY 12, 2024 MOTION: Move to approve the Planning Commission minutes dated February 12, 2024 V. PUBLIC HEARINGS A. Eden Prairie Public Schools - UNFI Request for: • Approval for Guide Plan Change to Public/ Semi-Public and Parks & Open Space on 60.91 acres • Approval for Zoning Change to Public and Parks and Open Space on 60.91 acres The applicant is requesting Comprehensive Plan and Zoning District Change of approximately 60.91 acres to facilitate the use of the existing office building to be used for educational programming by the Eden Prairie School District. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval for Comprehensive Plan Amendment, Zoning District Change, all on 60.91 acres as represented in the March 25, 2024 staff report. ANNOTATED AGENDA March 25, 2024 Page 2 B. Code Amendment – Office Use in Industrial Flex Tech Request for: • Amend City Code Section 11.30 to allow for more office use by percentage in parcels zoned I-2 and I-5. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval for the amendment to Chapter 11.30 as represented in the March 25, 2024 staff report. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORT VIII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. City of Eden Prairie Planning Commission March 25, 2024 UNFI Building Intended Use Core Values ●Each person has intrinsic value. ●Each person has individual gifts, interests and talents. ●Community benefits when each person contributes. ●Relationships flourish on a foundation of mutual trust and support. ●Continuous learning is essential for personal fulfillment, opportunity and success. Opening doors of opportunity for adults with special needs ages 18-22 ●Special education programming ●Skill development ●Job support A space for future growth ●District will gather community input regarding future programs during 2024-25 school year; this property will make ideas from that process possible ●Have connected with Nine Mile Creek Watershed District for partnership in educational and community-building activities Previous example: Designing Pathways A space for community and learning A gathering place for school and community events Dedicated and engaging space for professional development Additional resources to support authentic student learning Thank you! Code Amendment – Industrial Flex Tech March 25, 2024 Planning Commission Meeting “The Industrial Flex Tech land use designation includes both flex service and office uses….primarily found in the dense employment areas such as the GTA. They differ from Flex Service by focusing solely on promoting and supporting heavy employment in existing employment-focused areas of the City. All Industrial Flex Tech development must adhere to the appropriate Design Guidelines established by the City.” Industrial Flex Tech in Aspire 2040 •This ordinance proposes to remove the 50% cap on office uses that currently applies to the I-2 and I-5 zoning districts •The goal is to give businesses more flexibility by removing unnecessary barriers to business growth •The 50% cap remains for the General Industrial (I-GEN) district Proposed Amendment