HomeMy WebLinkAboutPlanning Commission - 03/23/2015
AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, March 23, 2015, 7:00 P.M.
PLANNING COMMISSION
MEMBERS:
John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Steven
Frank, Ann Higgins, Mary Egan, Andrew Pieper
STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer;
Stu Fox, Manager of Parks and Natural Resources
I. PLEDGE OF ALLEGIANCE -- ROLL CALL
II. APPROVAL OF AGENDA
III. MINUTES
A. Approval of the Minutes for the February 23, 2015 and March 9, 2015 meetings
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. CODE AMENDMENT RELATING TO FENCE HEIGHT by City of Eden Prairie
(CONTINUTED ITEM)
Request to:
• Amend City Code relating to the maximum fence height
B. CODE AMENDMENT TO ADDRESS MEDICAL CANNABIS DISPENSARY
by City of Eden Prairie
Request to:
• Amend City Code to define and provide regulations for medical cannabis
distribution facilities.
VII. PLANNERS’ REPORT
A. SW LRT STATION DESIGN OPEN HOUSE
Thurs. April 9th 5:30-7:30 pm /Heritage Rooms
B. EDEN PRAIRIE STATION AREA DESIGN CHARRETTE OUTCOMES SESSION
Thurs. April 15th 7:30-9:00 pm /Heritage Rooms
VIII. MEMBERS’ REPORTS
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJORNMENT
ANNOTATED AGENDA
TO: Planning Commission Members
FROM: Julie Klima, City Planner
RE: Planning Commission Meeting for Monday, March 23, 2015
___________________________________________________________________________________________
MONDAY, MARCH 23, 2015 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE- ROLL CALL
III. APPROVAL OF AGENDA
MOTION: Move to approve the agenda.
IV. APPROVAL OF MINUTES
MOTION: Move to approve the following Planning Commission minutes:
A. PLANNING COMMISSION MEETING HELD MONDAY, FFEBRUARY 23, 2015
B. PLANNING COMMISSION MEETING HELD MONDAY, MARCH 9, 2015
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. CODE AMENDMENT RELATING TO FENCE HEIGHT by City of Eden Prairie
(CONTINUED ITEM)
Request to:
• Amend City Code relating to the maximum fence height.
City Code currently limits fence height to 6 feet. The Minnesota Building Code
was recently revised to allow fences up to a height of 7 feet to be constructed
without a permit. Staff has prepared a draft text amendment to increase
allowable fence height to 7 feet.
The change in code is intended to provide consistency between City Code and
Minnesota Building Code, as well as, reduce the amount of review time
necessary for installation of fences consistent with Minnesota Building Code
requirements.
At its February 23, 2015 meeting the Planning Commission requested that staff
provide additional background information related to the proposed text
amendment. Please see the attached memo to the Planning Commission for
further details on the requested information.
ANNOTATED AGENDA
February 23, 2015
Page 2
Staff recommends approval.
MOTION 1: Move to recommend a continuance to the April 13, 2015
meeting.
(Please advise the audience that new public hearing notices will not be
mailed)
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the code amendment to
Section 12.03, Subd. 3 as represented in the March 23, 2015 staff report.
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend denial of the code amendment to Section
12.03, Subd. 3 as represented in the March 23, 2015 staff report.
B. CODE AMENDMENT TO ADDRESS MEDICAL CANNABIS DISPENSARY
by City of Eden Prairie
Request to:
• Amend City Code to define and provide regulations for medical cannabis
distribution facilities.
Recent legislative changes allow for the legal distribution of medical cannabis
to qualifying patients in Minnesota beginning July 1, 2015. The City of Eden
Prairie was approached by Minnesota Medical Solutions, LLC regarding the
potential for locating a medical cannabis dispensary within Eden Prairie.
Minnesota Medical representatives provided city staff with an overview of the
anticipated business model, including business needs and potential impacts.
After considering the information shared by Minnesota Medical in relationship
with current zoning ordinance regulations, staff determined that the distribution
of medical cannabis is a distinct use that requires individualized regulation. In
order to provide clear and consistent regulations, a draft ordinance addressing
medical cannabis distribution facilities has been prepared.
The proposed code amendment provides a definition of medical cannabis
distribution facilities, identifies zoning districts that would permit the use, and
establishes performance standards for the use.
ANNOTATED AGENDA
February 23, 2015
Page 3
Staff recommends approval.
MOTION 1: Move to recommend a continuance to the April 13, 2015
meeting.
(Please advise the audience that new public hearing notices will not be
mailed)
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the code amendment to
Chapter 11, Sections 11.20 and 11.30, adding Subd 4 as represented in the
March 23, 2015 staff report.
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend denial of the code amendment to Chapter
11, Sections 11.20 and 11.30, adding Subd 4 as represented in the March 23,
2015 staff report.
VIII. PLANNERS’ REPORT
A. SW LRT STATION DESIGN OPEN HOUSE
Thurs. April 9th 5:30-7:30 pm /Heritage Rooms
B. EDEN PRAIRIE STATION AREA DESIGN CHARRETTE OUTCOMES
SESSION
Thurs. April 15th 7:30-9:00 pm /Heritage Rooms
IX. MEMBERS’ REPORT
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
ANNOTATED AGENDA
February 23, 2015
Page 4
MOTION: Move to adjourn the Planning Commission meeting.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 23, 2015 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven
Frank, Ann Higgins, Mary Egan, Charles Weber,
Andrew Pieper
STAFF MEMBERS: Julie Klima, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Frank and Kirk were absent.
II. APPROVAL OF AGENDA
MOTION by Higgins, seconded by Pieper, to approve the agenda. Motion carried 6-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 9, 2015
MOTION by Pieper, seconded by Wuttke, to approve the minutes. Motion
carried 4-0; Egan and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. WAGNER PROPERTY by Pemtom Land Company
Location: 10841 and 10861 Blossom Road
Request for:
• Planned Unit Development Concept Review on 6.5 acres
Planning Commission Minutes
February 23, 2015
Page 2
• Planned Unit Development District Review with waivers on 6.5 acres
• Zoning District Change from R1-22 to R1-13.5 on 6.5 acres
• Preliminary Plat of 6.5 acres into 12 lots and road right of way
Dan Blake, representing The Pemton Land Company, presented the proposal.
He stated they did have a neighborhood meeting last month with approximately
30 people in attendance. Mr. Blake utilized the overhead projector to show
where the property was located on the map. He pointed out there are 12 single
family lots on 6.5 acres. There is also a lot of topography on this site. A good
portion of trees are cedar, along with some oak. Mr. Blake said he would rather
answer questions from the City Staff, Commission and the public.
Chair Stoltz asked Klima to review the staff report. Klima said the need for the
waiver is the necessity to connect all of the roads through the project. Staff
recommends approval subject to the conditions listed in the staff report.
Chair Stoltz opened the meeting up for public input.
Kathy Mason, (unknown address), asked who it was that stated they did not
want a cul-de-sac. Klima said when Mr. Blake came in to talk to City Staff, the
Planning and Engineering Staff said that the roads should connect on this
property consistent with city plans.
Higgins asked Mr. Blake about the tree replacement program and that there are
some red pines slated to be removed. In regards to the history of this property,
she asked if these trees could be saved. Mr. Blake said he would be open to
reviewing this and would keep the trees where ever possible.
MOTION by Weber, seconded by Egan, to close the public hearing. Motion
carried 6-0.
MOTION by Weber, seconded by Egan, to recommend approval of the PUD
Concept Review on 6.5 acres; Planned Unit Development Review with waivers
on 6.5 acres; Zoning District Change from R1-22 to R1-13.5 on 6.5 acres;
Preliminary Plat of 6.5 acres into 12 lots and road right of way based on plans
stamp dated February 11, 2015, and the information included in the staff report
dated February 23, 2015. Motion carried 6-0.
B. CODE AMENDMENT RELATING TO FENCE HEIGHT by City of Eden
Prairie
Request to:
• Amend City Code relating to the maximum fence height.
Klima presented this code amendment. She stated the current City Code restricts
fence height to 6 feet. The Minnesota Building Code recently revised their
Planning Commission Minutes
February 23, 2015
Page 3
height restriction to 7 feet. The City would like to be consistent with this code
and staff recommendation is for approval.
Chair Stoltz opened the meeting up for public input. There was no input.
Wuttke asked if the limitation is 7 feet or could it be higher. Klima said the
Planning Commission and City Council can approve a higher fence restriction.
In the past, if someone wanted a higher fence, it was first analyzed by staff to
see if it is appropriate to ask for a variance request. Chair Stoltz asked if the
Commission has ever said no to a variance request. Klima said as long as she
has been with the Planning Department she has not seen a variance request
turned down. She pointed out Staff will work with the project proponent to fine
tune the variance request to a point where it is favorable to city standards.
Wuttke asked if there has been any thought on district differences, in regards to
fence height. Klima suggested reviewing item G, it addresses general
screening. The way it was written, 6 feet was the same for all the districts and 7
feet would be the same.
Egan commented even though the State is changing their guideline, Eden Prairie
does not necessarily have to follow what they do, as then everyone will be
putting up 7 feet fences. Klima said the fences would not be required to go to 7
feet, but they would have an opportunity. Egan said she is concerned with a 7
foot fence and asked it that height is really needed. Klima said this is a request
to amend the code to keep it consistent with the Minnesota Building Code. The
Commission should discuss if this amendment is appropriate for Eden Prairie.
Wuttke said most of the fences are built for 6 feet sections. Klima said with the
new restriction for the Minnesota Building Code, she anticipates the fence
sections will be built to 7 feet.
Wuttke asked if the LRT will need fences and how high they would be. Klima
said they have not gotten into that detail yet in regards to the LRT.
Wuttke asked if Staff has thought about delineation by districts. Chair Stoltz
asked if it was done by zones, would it make it easier for staff. Klima said the
issue of height variance has primarily been an issue in the residential areas.
Wuttke said he would like to see what has been requested in the past 10 years
and to see what other cities are doing. Higgins said she would like more
information on this and is not prepared to move forward with this tonight.
Pieper also agreed he would like some more background information on this.
Chair Stoltz said it appears the majority of the Commission would like more
information on this topic.
Planning Commission Minutes
February 23, 2015
Page 4
MOTION by Wuttke, seconded by Higgins, to recommend a continuance to the
March 23, 2015 meeting. Motion carried 6-0.
VII. PLANNERS’ REPORT
No Planners’ report.
VIII. MEMBERS’ REPORT
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Weber stated the meeting that was held a few weeks ago discussed the design of
the stations. The next Community Advisory Meeting will be held on February
24th.
IX. CONTINUING BUSINESS
No continuing business.
X. NEW BUSINESS
No new business.
XI. ADJOURNMENT
MOTION by Weber, seconded by Higgins, to adjourn the meeting. Motion carried
6-0.
There being no further business, the meeting was adjourned at 7:37 p.m.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 9, 2015 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven
Frank, Ann Higgins, Mary Egan, Charles Weber,
Andrew Pieper
STAFF MEMBERS: Regina Rojas, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Vice Chair Kirk called the meeting to order at 7:00 p.m. Frank, Stoltz, Weber and
Wuttke were absent.
II. APPROVAL OF AGENDA
MOTION by Higgins, seconded by Egan, to approve the agenda. Motion carried 4-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 23, 2015
Because there was not a quorum this was tabled to the March 23, 2015
meeting.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
VII. PLANNERS’ REPORT
A. STORMWATER CODE AMENDMENT
Planning Commission Minutes
March 9, 2015
Page 2
Leslie Stovring, Environmental Coordinator, provided a presentation on the proposed
code amendment. The purpose of the presentation was to provide an overview to the
Commission and answer questions pertaining to the code amendment. This will be
back for a public hearing and formal action in April. Ms. Stovring said there are new
requirements to this code amendment that are required by April 2015. The
requirements are:
1. High Priority Education Topic Determination
2. Illicit Discharge Detection and Response Plan
3. Emergency Response Program (ERPs)
4. Priority Area identification (for inspections)
5. Stormwater Mitigation Plan
6. Stormwater Pollution Prevention Plan Update
7. Facilities Inventory
8. Stormwater Rules Update – reason for meeting this evening.
The Stormwater Rules Updated consisted of the following points:
1. Permit requires the City to update our post-construction stormwater
management program for after completion of construction activities.
2. Only required for projects with land disturbance of greater than or equal to
one care in size, (including projects less than one acre that are part of a
larger common plan of development or sale)
3. Must meet or exceed State Construction Permit requirements.
4. These updates are independent of the watershed district rule-making process
and are a requirement of the State permit program.
The Draft Rules Update Timeline is as follows:
1. February 17, 2015 – City Council Workshop
2. April 13, 2015 – Planning Commission Public Hearing
3. May 5, 2015 – City Council First Reading
4. May 19, 2015 – City council Second Reading (tentative)
Ms. Stovring pointed out what has changed in the update. They changes are as follows:
1. Reorganized
a. Consolidated Tree Replacement requirements
b. Process and Procedures separated
2. Editorial
a. Last update in 2006
b. Terminology changes
c. Process improvements/clarifications
d. Definitions updated
3. Processing
a. Expiration date added for Land Alteration Permits
b. Timing for activities
Planning Commission Minutes
March 9, 2015
Page 3
The new provisions to the update are as follows:
Subdivision 6 – Stormwater Management Standards and Design Criteria
1. Infiltration (Volume) Management
a. Prohibitions
b. Restrictions
c. Exceptions
d. Mitigation
2. Nutrient Management
3. Basic Requirements
a. New Development –no net increase
b. Re-Development – net decrease
Ms. Stovring illustrated other water-related initiatives that she is working on:
Local Water Management Plan Update
Draft Timeline:
1. Open House/Conservation Commission – summer 2015
2. Draft sent for review to:
a. Metropolitan Council (45 day comment period)
b. Watershed Districts (60 day comment period)
3. Adoption by City Council (late 2015?)
4. Ordinance changes, if required, would be considered after adoption
No-Wake Ordinance City Code 9.60
1. Lakes Impacted
a. Bryant
b. Riley (will require coordination with City of Chanhassen)
c. Staring
2. Remaining lakes have motor restrictions and do not require restricitions.
3. Timeline:
a. City Council – Public Hearing march 31st
b. DNR Review – 120 days
c. Adoption by Council after approved by DNR
Higgins asked if the City Staff process offers an opportunity to meet with the public
and individuals who were involved in the Stormwater Management Update. Ms.
Stovring said there is a public hearing process but the new items talked about
previously required by our permit so flexibility on what is required in the ordinance
update is limited, especially in Subdivision 6.
Vice Chair Kirk said in the area where Ms. Stovring talked about net decrease in re-
development asked if the City has any guidance to give to developers. Ms. Stovring
said that there is no amount that is required, which does help provide flexibility. The
addition of the green infrastructure analysis, including infiltration, in the guidelines,
will help developers meet these goals.
Planning Commission Minutes
March 9, 2015
Page 4
Higgins said in regards to no net increase, do developers bring that to the City or to the
Planning Commission and asked if this process could be explained. Ms. Stovring said
during the development review, the City would review the plans in house and provide
comments to the developer during the review process.
VIII. MEMBERS’ REPORT
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Pieper said he has no updates.
IX. CONTINUING BUSINESS
No continuing business.
X. NEW BUSINESS
No new business.
XI. ADJOURNMENT
MOTION by Pieper, seconded by Higgins, to adjourn the meeting. Motion carried
4-0.
There being no further business, the meeting was adjourned at 7:26 p.m.
STAFF REPORT:
TO: Planning Commission
FROM: Julie Klima, City Planner
DATE: March 23, 2015
SUBJECT: Code Change – Fence Height
BACKGROUND:
At its February 23, 2015 meeting, the Planning Commission reviewed a proposed text
amendment to increase the maximum height of fences to from 6 feet to 7 feet. The text
amendment was proposed in response to a recent change in Minnesota Building Code that would
allow fences to be constructed to a height of 7 feet without obtaining a building permit.
As a part of its review, the Planning Commission requested that staff provide additional
background information. Specific information requested included the rationale for the change to
the state building code and any history of requests for overheight fences in Eden Prairie.
The Building Official noted that the Minnesota Building Code was revised to allow fences up to
7 feet in height without a permit in order to be in compliance with the International Building
Code (IBC). He noted that the referenced justification for the change in the IBC related to
security.
In the past 10 years, Eden Prairie has received 8 application requests to exceed the 6 foot fence
height requirement. Information concerning these requests is summarized in the following table.
Zoning District Requested Height Outcome Reason for Request
I2 8 feet Denied Dog enclosure
Office 12 feet Approved at 7 feet Security
I2 8 feet Approved Screen outdoor storage
R1-13.5 8 feet Approved Screening needed due to
dying hedge
R1-9.5 10 feet Approved Screen view of roadway
Golf Course 80 feet Approved Protect homes from stray
golf balls
R1-13.5 11 feet Approved Entry Monument Feature
Commercial 14 feet Approved Screen outdoor storage
Revising the City Code requirement for fence height to be consistent with the building code will
reduce or streamline the need for an additional review process of variance requests for property
owners wishing to construct fences at heights that are permitted by the building code.
Additionally, with this change, it is likely that the industry standard for fabricated fencing
materials available through retail merchants will transition from the current 6 feet to 7 feet.
CODE CHANGE:
Below are the portions of the City Code that address fence heights. Language that
is underlined is proposed for addition. Language that is struckthrough is proposed for deletion.
City Code Section 12.03, Subd. 3. Special Requirements
E. Fences, walls, hedges not over 6 7 feet in height may occupy any yard except no fence, wall,
hedge or other planting exceeding 30” in height or trees pruned even to a height less than 8 feet
shall be permitted where there will be interference with traffic sight distance.
G.4.(l) General Screening: All parking, loading, service, utility and outdoor storage areas shall
be screened from all public roads and adjacent differing land uses. Screening shall consist of any
combination of the following: earth mounds, walls, fences, shrubs, compact evergreen trees, or
dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in
height, and trees must be at least twelve (12) feet in height at planting. The height and depth of
the screening shall be consistent with the height and size of the area for which screening is
required. When natural materials, such as trees or hedges, are used to meet the screening
requirements of the subsection, density and species of planting shall be such to achieve seventy
five percent (75) opacity year round.
STAFF RECOMMENDATION:
Staff recommends approval of the amendment to Section 12.03, Subd. 3 as represented in the
March 23, 2015 staff report.
STAFF REPORT:
TO: Planning Commission
FROM: Julie Klima, City Planner
DATE: March 23, 2015
SUBJECT: Code Change – Medical Cannabis Distribution Facilities
BACKGROUND:
Attached is a draft ordinance defining and regulating the use of medical cannabis distribution
facilities.
Recent legislative changes allow for the legal distribution of medical cannabis to qualifying
patients in Minnesota beginning July 1, 2015. State law allows for 8 distribution facilities (1 per
congressional district) to be located within Minnesota. The City of Eden Prairie was approached
by Minnesota Medical Solutions, LLC regarding the potential for locating a medical cannabis
dispensary within Eden Prairie. Minnesota Medical representatives provided city staff with an
overview of the anticipated business model, including business needs and potential impacts.
After considering the information shared by Minnesota Medical in relationship with current
zoning ordinance regulations, staff determined that the distribution of medical cannabis is a
distinct use that requires individualized regulation. In order to provide clear and consistent
regulations, a draft ordinance addressing medical cannabis distribution facilities has been
prepared.
Minnesota law allows for the distribution of medical cannabis in liquid or pill form only and it
may only be distributed by licensed pharmacists. While Minnesota law allows for the
manufacturing and distribution of medical cannabis to patients with qualifying conditions,
federal law has not been modified to allow these activities. This situation is the reason that
doctors (who are licensed federally) would not directly prescribe medical cannabis but rather
certify that a patient has a qualifying condition. The patient then registers the certification with
the State in order to be eligible to receive the medical cannabis. An additional outcome of the
federal/state irregularity is that many financial institutions (which are insured federally) prefer to
not enter into a business relationship with medical cannabis facilities, thereby prompting the
requirement that payments be made in the form of cash or check only, as insurance coverage will
not be utilized to cover the costs of medical cannabis.
Minnesota Medical explained that its business has several other features that are different from a
typical pharmacy type of use. Examples of this include:
• Patients will be required to undergo multiple sessions of counseling along with receiving
their prescribed doses of medical cannabis. This counseling will allow pharmacy
technicians to educate patients on the spectrum of products (differing levels of THC and
cannabidiol within the medication) and potential side effects or impacts of the
medication. It will also provide communication opportunities for the patient to inform
the staff of effectiveness and impacts of the medication as dosage amounts are adjusted to
meet the needs of individual patients.
• The facilities are not open to the general public. A security guard will be stationed at the
front entrance and only the certified patient or their designated caregiver, who is also
registered through the State of Minnesota, will be allowed entrance to the facility.
Minnesota Medical has stated that it expects to operate a facility that is approximately 3,000 to
3,500 square feet in size and anticipates the need for approximately 15 parking stalls, assuming
providing service to roughly 80 persons per day, under the current state provisions.
CODE CHANGE:
The attached draft ordinance provides a definition of medical cannabis distribution facilities,
which parallels the language provided in Minnesota Statutes. The draft ordinance goes on to
identify the Office and I2 zoning districts as appropriate locations for the distribution of medical
cannabis and further identifies performance standards that would be required to be met. These
performance standards address issues such as parking standards and generally replicate the
standards provided in Minnesota Statute. The parking requirement proposed in the draft
ordinance supports the volumes expected with the business model and is consistent with parking
requirements for other uses in these zoning districts.
The draft ordinance identifies the Office and I2 zoning districts as the appropriate locations for
this use due to the ease of access to these areas, as well as recognition that this use is distinctly
different from general retail sales open to the public. Retail areas are designed to be inviting and
unrestricted spaces.
The proposed language would limit the use to distribution of medical cannabis in forms approved
by current state law. The manufacturing or production of medical cannabis is prohibited.
Additionally, the draft language requires the appropriate security, inspection, and licensing
requirements to be met consistent with state law. In the event that state law is revised to expand
qualifying conditions or other related provisions, the proposed text would not include these
expansions. In that event, the City of Eden Prairie would have the opportunity to further discuss
how and if it would be appropriate to address the revised law.
State law requires that medical cannabis distribution facilities be located 1,000 feet from a
school. Attached for the Commission’s reference is map depicting those properties in Eden
Prairie that are zoned I2 and Office and are beyond 1,000 feet from a school.
Representatives from Minnesota Medical will be present at the March 23, 2015 meeting to
present additional information and answer questions.
STAFF RECOMMENDATION:
Staff recommends approval of the amendment to Section 11.20 and 11.30 as represented in the
attached draft ordinance.
AM Doctors PM Off
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2
3
4
5
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7
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1000' Buffer around Schools K-12
<all other values>
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.
Office
Neighborhood Commercial
Community Commercial
Highway 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
1000ft Buffer
¯
0 5,900 11,8002,950 Feet
1. Eden Prairie Early Education Center
2. Prairie View Elementary
3. Forest Hills Elementary
4. Cedar Forest Elementary
5. Eden Lake Elementary
6. Oak Point
7. Central Middle School
8. Eden Prairie High School
9. Eagle Ridge Academy
10. International School
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _______-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 RELATING TO MEDICAL
CANNABIS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.20 is hereby amended by inserting a new
Subdivision 4 to read as follows:
Subd. 4. Medical Cannabis.
A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through
§152.37 has legalized the distribution of medical cannabis with significant restrictions.
The Council finds that it is appropriate to identify in the City Code the zoning districts in
which a medical cannabis distribution facility is an allowable use. The Council finds that
as a unique and highly regulated use medical cannabis distribution requires specific
regulations.
B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn.
Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision.
In addition, as used in this Subdivision, the following term shall have the meaning stated:
1. Medical Cannabis Distribution Facility (“Facility”) is a “Distribution Facility” as
defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014.
C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the OFC
Office District subject to the restrictions contained in this Subdivision.
D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with
all of the following performance standards.
1. Distribution shall be permitted only for the Qualifying Medical Conditions
defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014.
2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37
and Minn. Rules Chap. 4770 as each may be amended from time to time,
including but not limited to the following:
i. Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and
Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400.
ii. Prohibition against sharing space or a financial relationship with a health
care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e).
iii. Prohibition against consumption of medical cannabis on the property set
forth in Minn. Stat. 152.29, Subd. 2 (f).
iv. Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g).
v. Personnel regulations, including prohibition against employing any person
under the age of 21 and required background checks, set forth in Minn.
Stat. 152.29, Subd. 2 (i).
vi. Prohibition against operation within 1000 feet of a school set forth in
Minn. Stat. 152.29, Subd. 2 (j) and Minn. Rule 4770.0600.
vii. Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3.
viii. Prohibition against any displays of merchandise, interior signs, or other
exhibits which are visible from outside of the Facility set forth in Minn.
Rule 4770.0800, Subp 3.
3. No manufacture or production of Medical Cannabis shall be permitted at the
Facility.
4. No drive-thru shall be permitted at the Facility.
5. In lieu of the “Off-Street Parking Facilities” provisions set forth in City Code
Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall
provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area.
6. Annually, within 15 days of receipt, a copy of the registration required by Minn.
Stat. 152.25, Subd. 1 shall be provided to the Chief of Police.
Section 2. City Code Chapter 11, Section 11.30 is hereby amended by inserting a new
Subdivision 4 to read as follows:
A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through
§152.37 has legalized the distribution of medical cannabis with significant restrictions.
The Council finds that it is appropriate to identify in the City Code the zoning districts in
which a medical cannabis distribution facility is an allowable use. The Council finds that
as a unique and highly regulated use medical cannabis distribution requires specific
regulations.
B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn.
Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision.
In addition, as used in this Subdivision, the following term shall have the meaning stated:
1. Medical Cannabis Distribution Facility (“Facility”) is a “Distribution Facility” as
defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014.
C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the I-2
Industrial Park District as identified on the Zoning Map of the City of Eden Prairie
subject to the restrictions contained in this Subdivision.
D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with
all of the following performance standards.
1. Distribution shall be permitted only for the Qualifying Medical Conditions
defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014.
2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37
and Minn. Rules Chap. 4770 as each may be amended from time to time,
including but not limited to the following:
i. Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and
Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400.
ii. Prohibition against sharing space or a financial relationship with a health
care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e).
iii. Prohibition against consumption of medical cannabis on the property set
forth in Minn. Stat. 152.29, Subd. 2 (f).
iv. Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g).
v. Personnel regulations, including prohibition against employing any person
under the age of 21 and required background checks, set forth in Minn.
Stat. 152.29, Subd. 2 (i).
vi. Prohibition against operation within 1000 feet of a school set forth in
Minn. Stat. 152.29, Subd. 2 (j) and Minn. Rule 4770.0600.
vii. Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3.
viii. Prohibition against any displays of merchandise, interior signs, or other
exhibits which are visible from outside of the Facility set forth in Minn.
Rule 4770.0800, Subp 3.
3. No manufacture or production of Medical Cannabis shall be permitted at the
Facility.
4. No drive-thru shall be permitted at the Facility.
5. In lieu of the “Off-Street Parking Facilities” provisions set forth in City Code
Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall
provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area.
6. Annually, within 15 days of receipt, a copy of the registration required by Minn.
Stat. 152.25, Subd. 1 shall be provided to the Chief of Police.
Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
___________ day of ________, 2015, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the _____ day of _______________, 2015.
_________________________________ _________________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the ____ day of ______________, 2015.
PROJECT PROFILE – MARCH 23, 2015
PLANNING COMMISSION – MARCH 23, 2015
1. CODE AMENDMENT RELATING TO FENCE HEIGHT (CONTINUED ITEM)
Public hearing to amend City Code Chapter 11, Section 1.03, Subd 3 relating to the height of fences.
Contact: Julie Klima, 952-949-8489
Application Info Planning Commission City Council
Date Submitted
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date 03/05/15
Resident Notice Date N/A
Meeting Date 03/23/15
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
2. CODE AMENDMENT TO ADDRESS MEDICAL CANNABIS DISPENSARY
Public hearing to amend City Code Chapter 11, Sections 11.20 and 11.30, adding Subd 4
Contact: Julie Klima, 952-949-8489
Application Info Planning Commission City Council
Date Submitted N/A
Date Complete N/A
120 Day Deadline N/A
Initial DRC review
Notice to Paper Date 03/05/15
Resident Notice Date N/A
Meeting Date 03/23/15
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
CITY COUNCIL PUBLIC HEARING – MARCH 31, 2015
1. WAGNER PROPERTY (2014-19) by Pemtom Land Company. (STEVE/JULIE)
Proposal for a 12- lot single family development.
Location: 10841 & 10861 Blossom Rd.
Contact: Dan Blake, 952-937-0716
Request for:
• Planned Unit Development Concept Review on 6.5 acres
• Planned Unit Development District Review with waivers on 6.5 acres
• Zoning District Change from R1-22 R1-13.5 on 6.5 acres
• Preliminary Plat of 6.5 acres into 12 lots and right of way
Application Info Planning Commission City Council
Date Submitted 12-19-14
Date Complete 02-05-15
120 Day Deadline 05-13-15
Initial DRC review
Notice to Paper Date 02/04/15
Resident Notice Date 02/06/15
Meeting Date 02/23/15
Notice to Paper Date 03/11/15
Resident Notice Date 03/12/15
1st Meeting Date 03/31/15
2nd Meeting Date
1
CITY COUNCIL CONSENT – MARCH 31, 2015
1. O’REILLY AUTO PARTS STORE (2014-15) by C.M. Architecture, P.A. (REGINA)
Proposal for constructing an Auto Parts Store
Location: 8868 Aztec Dr.
Contact: Ben Ptacek (612-547-1312)
Request for:
• Planned Unit Development Concept Review on .83 acres
• Planned Unit Development District Review with waivers on .83 acres
• Zoning District Review in the C-Com Zoning District on .83 acres
• Site Plan Review on .83 acres
Application Info Planning Commission City Council
Date Submitted 9/26/14
Date Complete 11/18/14
120 Day Deadline 04/30/15
Initial DRC review
Notice to Paper Date 11/20/14
Resident Notice Date 11/21/14
Meeting Date 12/8/14
Notice to Paper Date 1/8/15
Resident Notice Date 1/8/15
1st Meeting Date 01/20/15
2nd Meeting Date 02/17/15
2. File#2014-20TM by Verizon (c/o – Justin Holt – Jacob,) – Contact – Justin Holt
952.831.1043 x3102 office, 773.454.9428 mobile
(Approved 00-00-14) Review time? Days
Request: Small Cell Site (Project Installation of smaller antennas and associated equipment on City
Center Roof to improve Public Safety Communications) – Incomplete as of 10-07-14
Location: 8080 Mitchell Road, Eden Prairie, MN
Application Info (2014-20TM) Planning Commission City Council
Date Submitted 10-07-14
Date Complete 00-00-14
120 Day Deadline 00-00-15
Initial DRC review 00-00-14
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 03-03-15
2nd Meeting Date N/A
2
PLANNING COMMISSION – APRIL 13, 2015
1. CODE AMENDMENT STORMWATER
Public hearing to amend City Code Chapter 11, Section 11.55 relating to stormwater.
Contact: Leslie Stovring, 952-949-8327
Application Info Planning Commission City Council
Date Submitted
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date 03/05/15
Resident Notice Date N/A
Meeting Date 03/23/15
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
2. CROSSROADS CENTER (2014-18) by Tim Cashin. (JULIE)
Proposal for façade and landscape improvements.
Location: 7731 Flying Cloud Drive
Contact: Tim Cashin, 952-212-5004
Request for:
• Planned Unit Development Concept Review on 2.9 acres
• Planned Unit Development District Review with waivers on 2.9 acres
• Zoning District Amendment within the Commercial-Regional-Services District on
2.9 acres
• Site Plan Review on 2.9 acres
Application Info Planning Commission City Council
Date Submitted 11/21/14
Date Complete 1/14/15
120 Day Deadline 7/12/15
Initial DRC review 12/4/14
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
CONSERVATION COMMISSION – APRIL 14, 2015
HERITAGE PRESERVATION COMMISSION – APRIL 20, 2015
3
IN BUT NOT SCHEDULED
1. HAMPTON INN HOTEL (2014-20) by Michael Monn Architects. (REGINA)
Proposal for façade improvements and 2,800 square foot building addition.
Location: 7740 Flying Cloud Drive
Contact: Mike Monn, 612-247-5406
Request for:
• Planned Unit Development with waivers on 3.19 acres
• Zoning District Amendment on 3.19 acres
• Site Plan Review on 3.19 acres
Application Info Planning Commission City Council
Date Submitted 12/19/14
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
2. KIRTLAND/OSTER HOME (2015-02) by Lisanne Oster. (REGINA)
Proposal for combining two existing parcels into one on Riley Lake to construct one single
family home.
Location: 9010 Riley Lake Road
Contact: Lisanne Oster, 952-432-8409
Request for:
• Zoning District Review on 1.28 acres
• Preliminary Plat on 1.28 acres
Application Info Planning Commission City Council
Date Submitted 01/09/15
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
4
3. EDEN PRAIRIE PLAZA (SALON CONCEPTS) (2015-03) by SCEPRE, LLC. (TANIA)
Proposal for adding 60 additional parking spaces
Location: 8040 Glen Lane
Contact: Brent Van Lieu, 513-200-4261
Request for:
• Planned Unit Development District Review on 3.03 acres
• Zoning District Review on 3.03 acres
• Site Plan Review on 3.03 acres
Application Info Planning Commission City Council
Date Submitted 01/16/15
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
4. HARVEY SCHMIDT (2015-04) by Harvey Schmidt (TANIA)
Proposal for 2 lot subdivision
Location: 15480 Sunrise Circle
Contact: Harvey Schmidt, 952-937-8893
Request for:
• Zoning District Review on 1.05 acres
• Preliminary Plat of 1.05 acres into 2 lots
Application Info Planning Commission City Council
Date Submitted 02/17/15
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
5
5. VARIANCE #2015-01 by Lariat Companies, Inc. (TANIA)
Location: 8345-8353 Crystal View Road
Contact: Kelly Adams 952-955-7849
Request to:
• Transfer exterior wall sign to a location other than their exterior wall area.
Application Info Planning Commission City Council
Date Submitted 02/26/15
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date n/a
Resident Notice Date n/a
1st Meeting Date n/a
2nd Meeting Date n/a
6. HIGH POINT AT RILEY CREEK 2ND (2014-16) by DR. Horton. (REGINA)
Proposal for constructing 10 single family homes.
Location: 16540 Beverly Drive
Contact: Mike Suel 952-985-7823
Request for:
• Zoning District Change from Rural to R1-13.5 on 5.35 acres
• Preliminary Plat into 10 lots, 3 outlots and road right of way on 5.35 acres
Application Info Planning Commission City Council
Date Submitted 10/10/14
Date Complete 11/18/14
120 Day Deadline 05/31/15
Initial DRC review
Notice to Paper Date 12/22/14
Resident Notice Date 12/22/14
Meeting Date 1/12/15
Notice to Paper Date 2/12/15
Resident Notice Date 2/13/15
1st Meeting Date 03/03/15
2nd Meeting Date
6
APPROVED VARIANCES
TELECOMMUNICATION PROJECTS
1. File#2014-18TM by Verizon (c/o – Justin Holt – Jacob,) – Contact – Justin Holt 952.831.1043
x3102 office, 773.454.9428 mobile
(Approved 00-00-14) Review time? Days
Request: Small Cell Site (Pilot Project Installation of smaller antennas and associated equipment
on Utility poles, traffic lights etc. in right of way.) – Incomplete as of 00-00-14
Location: Right of Way – Pioneer Trail between Homeward Hills Road and Hwy #169
Application Info (2014-19TM) Planning Commission City Council
Date Submitted 00-00-14
Date Complete 00-00-14
120 Day Deadline 00-00-15
Initial DRC review
Complete Letter
due
00-00-15
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
File#2015-06L Lease by Verizon (c/o – Mandy Brady - Jacobs) – Contact Mandy Brady Office# 651-
225-0784, mobile# 612-366-8944
(Approved 00-00-15) Review time ?? Days. Incomplete as of 03-09-15
Location: 6341 Baker Road, Eden Prairie, Minnesota
Request: Re-establishment of Lease. Property zoned C-Comm. Planner: Steve Durham/Tania Mahtani
Application Info (2015-06L)
Date Submitted 03-19-15
Date Complete 00-00-15
90 Day Deadline 06-07-15
Initial DRC review 00-00-15
Complete Letter
Due
03-27-15
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 00-00-15
2nd Meeting Date N/A
7