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HomeMy WebLinkAboutPlanning Commission - 06/22/2015 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, June 22, 2015, 7:00 P.M. PLANNING COMMISSION John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann MEMBERS: Higgins, Andrew Pieper, Ed Farr 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 May 11, 2015 meeting B. Approval of the Minutes for the June 8, 2015 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. VARIANCE #2015-02 by Lisanne Oster Location: 9010 Riley Lake Road Request to: • Permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural Zoning District • Permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural Zoning District • Permit a shroeland setback for a single family house no closer than 64 feet to the Ordinary High Water Level (OHWL) of Lake Riley (DNR Classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. B. VARIANCE # 2015-03 by Central Bank Location: 6640 Shady Oak Road Request to: • Permit a building identification wall sign up to 112.5 square feet on the north elevation in the Office zoning district. • Permit a building identification wall sign up to 112.5 square feet on the south elevation in the Office zoning district. C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC Location: 13000 Technology Drive Request for: • Planned Unit Development Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres VII. PLANNERS' REPORT A. TOD DRAFT ORDINANCE VIII. MEMBERS' REPORTS A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT ANNOTATED AGENDA TO: Planning Commission Members FROM: Julie Klima, City Planner RE: Planning Commission Meeting for Monday, June 22, 2015 MONDAY,June 22, 2015 7:00 PM, COUNCIL CHAMBERS 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, MAY 11, 2015 B. PLANNING COMMISSION MEETING HELD MONDAY,JUNE 8, 2015 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. VARIANCE #2015-02 by Lisanne Oster; J M & B A Kirtland Trustees Request to: • Permit a lot size of 1.26 acres. City Code requires a lot size of 10 acres in the Rural Zoning District • Permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural Zoning District. • Permit a shoreland setback for a single family house no closer than 64 feet to the Ordinary High Water Level (OHWL) of Lake Riley (DNR Classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. This is a continued item from the May l lth and June 8th Planning Commission meetings. At the May 11th Planning Commission meeting the applicant requested a continuance of the meeting to revise the location of the proposed house. After the May 1 lth Planning Commission meeting staff met with the applicant to discuss next steps. The applicant requested additional time to refine the location of the revised house plan. The plans have been revised and the request was republished to include a variance request of 64 feet from the shoreland setback to the Ordinary High Water Level (OHWL). The revised proposed house pad location has following side yard setbacks: 15 feet from the ANNOTATED AGENDA June 22, 2015 Page 2 west property line and 85 feet from the east property line for a combination of 100 feet. The proposed house is no closer to Lake Riley than the existing house which helps save significant trees and reduces the impact lake and to the site character. Staff recommends approval. MOTION 1: Move to recommend a continuance to the July 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 Final Order #2015-02 with conditions based on plans stamp dated June 3, 2015 and the information included in staff report dated June 22, 2015. OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of Final Order #2015-02 based on plans stamp dated June 3, 2015 and the information included in staff report dated June 22, 2015. B. VARIANCE #2015-03 by Central Bank Request to: • Permit a building identification wall sign up to 112.5 square feet on the north elevation in the Office zoning district. • Permit a building identification wall sign up to 112.5 square feet on the south elevation in the Office zoning district. On June 9, 2014, the Planning Commission approved a variance request for a building identification signs for Aerotek and Central Bank located at 6640 Shady Oak Road. Central Bank agreed to remove the logo from the existing signs on the north and south elevations reducing the size to 112.5 square feet each. Aerotek also proposed to reduce their proposed sign to 31 square feet. ANNOTATED AGENDA June 22, 2015 Page 3 The Aerotek sign was installed meeting the conditions of the final order. Central Bank has requested additional time to install the signs on the north and south elevations due to a recent merger which may result in a company name change. City code does not allow for an extension of a variance. If additional time is needed that exceeds the one year effective date for implementation of a variance then a new variance application and public review is required. Staff recommends approval. MOTION 1: Move to recommend a continuance to the July 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 Final Order #2015-03 with conditions based on plans stamp dated May 2, 2015 and the information included in staff report dated June 22, 2015. OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of Final Order #2015-03 based on plans stamp dated May 2, 2015 and the information included in staff report dated June 22, 2015. C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC Request for: • Planned Unit Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Regional Commercial Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres ANNOTATED AGENDA June 22, 2015 Page 4 The project is an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, however intends to reuse a majority of the existing foundation and pilings for the proposed building. The site was originally approved in 1999 as a restaurant called Pickled Parrot(most recently Santorini's) and is part of a previously approved Planned Unit Development (PUD) which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. Cross access and cross parking agreements are in place to help serve the overall PUD which are allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. Staff recommends that PUD waivers are carried over from the original PUD based on the new site plan for the front yard parking setback and offsite parking. Benefits to granting the waivers include: continued use of shared parking which is consistent with principles of a transit oriented and mixed use development, enhanced architectural details into the building design, and extensive use of perennials along the site perimeter and building base which are not required by code,but enhance the site. Staff recommends approval. MOTION 1: Move to recommend a continuance to the July 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 Planned Unit Development District Review on 1.67 acres and Site Plan Review on 1.67 acres with conditions based on plans stamp dated June 2, 2015 and the information included in staff report dated June 22, 2015. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of the Planned Unit Development District Review on 1.67 acres and Site Plan Review on 1.67 acres with ANNOTATED AGENDA June 22, 2015 Page 5 conditions based on plans stamp dated June 2, 2015 and the information included in staff report dated June 22, 2015. VIII. PLANNERS' REPORT A. DRAFT TOD ORDINANCE A PowerPoint presentation will be given that will provide an overview of the redrafted proposed ordinance. Since the February 9, 2015 Planning Commission meeting staff has obtained additional feedback through internal TOD staff meetings, public outreach with the Chamber of Commerce Government Committee, and conducted a series of 1 on 1 stakeholder meetings with property representatives that could be affected by the proposed ordinance. The presentation is for informational purposes only and no action is required by Planning Commission at this time. The draft TOD ordinance will be scheduled for a Public Hearing at the July 13, 2015 Planning Commission meeting where a formal recommendation will be requested. IX. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 11, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Regina Rojas, Senior 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. Stoltz and Weber were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 27, 2015 MOTION by Farr, seconded by Pieper, to approve the minutes. Motion carried 4-0. Kirk abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. VARIANCE #2015-02 by Lisanne Oster; J M & B A Kirtland Trustees Location: 9008 and 9010 Riley Lake Road Request to: • Permit a lot size of 1.26 acres. City Code requires a lot size of 10 acres in the Rural Zoning District Eden Prairie Planning Commission Minutes May 11, 2015 Page 2 • Permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural Zoning District Lisanne Oster, owner of the property,presented the proposal. Ms. Oster said the family bought the property in1951. Since then, they have spent their summers in the cabin that is on the property. The cabin is not winterized and is in need of repairs as the structure is sinking. She said they would like to demolish the cabin and build a home. They tried to fit the home into the 9010 lot but it is too narrow, so they would like to join the lots together. Ms. Oster said they were initially told by the City they have two options; which were to re- plat and rezone or join the two properties together. A few months later they were given a third option; combine the two lots and keep it rural but request a variance, which is the option they are taking and the reason for being at the meeting tonight. Ms. Oster said they would like a continuance to get a variance from the lake, as they are 65 feet back from the lake and the City requires 100 feet. Vice Chair Kirk asked Rojas to review the staff report. Rojas said prior to the meeting this evening, Ms. Oster asked, based on location of the house, if they could take more time to develop a new house plan that would preserve trees and preserve the slope. Rojas said the shoreland setback is 64 to 65 feet and that would require a variance. Recommendation is for the Commission to continue the meeting to the June 8, 2015 meeting to allow time for staff to work with the applicant to finalize the location of the house to fully evaluate the full request. Vice Chair Kirk asked if Ms. Oster was comfortable with coming back in June for the variance request. Ms. Oster said she is comfortable with coming back to the June 8th meeting and then they will do all three variance requests at the same time. Vice Chair Kirk opened the meeting up for public input. There was no input. Farr said he likes the idea of a new house plan for the property. One thing he did notice was the tree replacement trees were red oak and red maple that were being taken down and asked if Ms. Oster would replace them with like kind of trees. Wuttke stated the Natural Resource Guidelines state the setback from the lake is 75 feet and asked why the City is more restrictive. Rojas said the last shoreland ordinance was developed by the DNR and she will have to look into this more. She did state if there are properties on either side, then the setback would be 88 feet. Rojas said she will look to see if the DNR changed the ordinance. Farr asked Fox about the trees on the property and asked if there would be problems with new trees growing in the forest area. Fox said it is a difficult site Eden Prairie Planning Commission Minutes May 11, 2015 Page 3 for trees, but the City and forester will work with the project proponent to pick the correct trees that will thrive in the area. Wuttke asked what the individual lot widths were. Ms. Oster said the widths are on the hand out and they are 84 feet and 109 feet. MOTION by Wuttke, seconded by Pieper, to recommend a continuance to the June 8, 2015 meeting. Vice Chair Kirk said there will be republishing because of the third variance request. Motion carried 5-0. VII. PLANNERS' REPORT A. BOARDS & COMMISSION'S BANQUET Wednesday, May 13, 2015, at 6:00 pm in the Garden Room at City Center VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL Pieper had nothing to report. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Higgins, seconded by Pieper, to adjourn the Planning Commission meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:37 p.m. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 8, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk, Farr and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Pieper, to approve the agenda. Motion carried 4-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 11, 2015 Approval of the minutes was tabled to the next meeting as there were not enough members to approve. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. VARIANCE #2015-02 by Lisanne Oster; J M &B A Kirtland Trustees Location: 9008 and 9010 Riley Lake Road 9 (Continued Item) Request to: • Permit a lot size of 1.26 acres. City Code requires a lot size of 10 acres in the Rural Zoning District • Permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural Zoning District Eden Prairie Planning Commission Minutes June 8, 2015 Page 2 Klima said the applicant would like this variance request to be continued to the June 22, 2015 meeting so the proposed house could be resigned. MOTION by Weber, seconded by Pieper, to recommend a continuance of Variance#2015-02 to the June 22, 2015 Planning Commission meeting. Motion carried 4-0. B. VARIANCE #2015-04 by Rachael and Chad Raskovich Location: 15709 W. 62nd Street Request to: • To permit a two stall garage addition with a side yard setback of 12.8 feet. City Code requires a 15 foot minimum side yard setback in the R1- 22 zoning district. Rachel Raskovich presented the proposal. She stated they are here tonight to discuss the side yard setback. She stated the home was purchased in 2008 and since then they have updated the inside and now would like to build a two stall 24' wide attached garage and convert the tuck under garage into a bedroom suite. The garage addition requires a side yard setback of 15 feet; they would like a 12.8' side yard setback. She stated they have considered other alternatives, but they would decrease the size of the garage and because of this it would be hard to fit two cars into this. They have looked at a detached garage but feel this would not fit into the neighborhood design and they also want to be considerate to the neighbor to the east, as that is where the detached garage would be located. Chair Stoltz asked Klima to review the staff report. Klima said this request meets the three part test for variance and staff recommendation is for approval. MOTION by Weber, seconded by Pieper, to close the public hearing. Motion carried 4-0. MOTION by Higgins, seconded by Pieper, to recommend approval of the Final Order#2015-04 with conditions based on plans stamp dated May 8, 2015 and the information included in staff report dated June 8, 2015. Motion carried 4- 0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL Eden Prairie Planning Commission Minutes June 8, 2015 Page 3 Pieper said there will be a meeting tomorrow night to discuss cost cutting measures for the 340 million dollar deficit to the light rail. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Weber, seconded by Pieper, to adjourn the Planning Commission meeting. Motion carried 4-0. There being no further business, the meeting was adjourned at 7:12 p.m. STAFF REPORT TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: June 22, 2015 SUBJECT: Variance 2015-02 APPLICANT/OWNER: Lisanne Oster J M & B A Kirtland Trustees LOCATION: 9008 and 9010 Riley Lake Road REQUEST: • To permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural zoning district • To permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural zoning district. • To permit a shoreland setback for a single family house no closer than 64 feet to the Ordinary High Water Level (OHWL) of Lake Riley (DNR Classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. BACKGROUND This is a continued item from the May 11th and June 8th Planning Commission meetings. At the May 1 lth Planning Commission meeting the applicant requested a continuance of the meeting to revise the location of the proposed house. After the May 1 lth Planning Commission meeting staff met with the applicant to discuss next steps. The applicant requested additional time to refine the location of the revised house plan. The plans have been revised and the request was republished to include a variance request from the shoreland setback to the Ordinary High Water Level (OHWL). PLANNING COMMISSION FOLLOW UP At the May 11, 2015 Planning Commission meeting questions were asked by Planning Commission members in regards to the following: DNR standards,proposed state legislation, and property taxes. Research was completed for the three questions which are answered below: Staff Report—Variance # 2015-2 June 22, 2015 Page 2 DNR Standards The Department of Natural Resource guidelines state the minimum structure setback for lakes classified as Recreational Development Waters is 75 feet, however the guidelines include a provision that Local Governmental Units can require stricter standards in their zoning ordinances. Proposed State Legislation-Riparian Buffers The City of Eden Prairie would be exempt from the proposed bill as written since the City is regulated by National Pollutant Discharge Elimination System(NPDES)permit rules. The bill was not passed this legislative session. Rural and Single Family Property Taxes Property taxes are based on the use of the site including the assessed land and building value. Since the use of the property as a single family house is not changing keeping the zoning as Rural will not impact how the land and building value are evaluated. TREE LOSS There are 1052 caliper inches of significant trees on the property. Tree loss has been calculated at 25%, or 264 caliper inches, based on the proposed house pad and grading. The previous plan reviewed by Planning Commission on May 11th showed and estimated tree loss 44%, or 459 caliper inches. The proposed house pad and associated grading may impact one additional 22"red oak tree on near the east property line. The revised tree loss percentage is 27% or 286 caliper inches. Tree replacement should be revised from 88 replacement inches to 104 replacement inches which incorporates the additional 22"red oak. VARIANCE The property is zoned Rural. The surrounding zoning is R1-22, Rural and Golf Course. The site is guided Low Density Residential. The surrounding area is guided Low Density Residential and Golf Course. The property is within a shoreland area of the City and adjacent to Lake Riley which is a Recreational Development Water. The applicant is requesting to construct one-single family home which is proposed to be located on the properties at 9008 and 9010 Riley Lake Road. The City is currently working with the applicant on a lot combination request which would join the two lots together and eliminate the common lot line. Staff Report—Variance # 2015-2 June 22, 2015 Page 3 Lot Size The applicant has requested to keep the zoning as Rural. Since the minimum lot size for Rural zoning districts is 10 acres a variance is requested for the proposed lot size of 1.26 acres. Setbacks: A variance is required if the structure will not meet Rural side yard setback requirements. The applicant is proposing setbacks less than 50 feet for one side and a combination of 150 feet. The proposed house pad is 15 feet from the west property line and 85 feet from the east property line for a combination of 100 feet. The proposed house meets the front yard setback requirements. Shoreland: A variance is requested for the shoreleand setback to the OHWL of Lake Riley for the proposed house. City code requires a 100 foot setback; however there is a provision in the shoreland code that allows a structure to be built without a variance if the new or enlarged structure meets the average setback of the neighboring structures on either side which is 88 feet. The existing house is 64 feet from the OHWL. The proposed house is setback 64 feet from the OHWL at the closest point. The proposed house location is not within a shore or bluff impact zone. The proposed house location 64 feet away from the OHWL impacts less significant trees then the original proposal that met the 100 foot shoreland setback. VARIANCE STANDARD Variances may be granted when they are "in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." Furthermore variances may"be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. A single family house is a permitted in a Rural zoning district. The increase lot size by combining the two lots to 1.26 acres is closer in compliance with the Rural 10 acre minimum lot size. If the lots were rezoned to R1-22 one house could be built on each lot without variances. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property. Staff Report—Variance # 2015-2 June 22, 2015 Page 4 Consistent with Comprehensive Plan The Comprehensive Plan guides this property as Low Density Residential. The variance does not change the use of the property and does not increase the density therefore the variance is consistent with the comprehensive plan. Reasonable Use of the Property A single family house in the Rural zoning district is a reasonable use of the property. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: • The lots were created as part of an Auditors Subdivision. Both properties are under the same ownership. The property owner is not creating additional lots. • The increase lot size by combining the two lots to 1.26 acres is closer in compliance with the Rural 10 acre minimum lot size. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: • The applicant is requesting to combine the two lots into one lot. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property. • The proposed house is no closer to Lake Riley than the existing house which helps save significant trees and reduces the impact lake and to the site character. STAFF ANALYSIS Staff and the applicant agreed that the administrative lot combination and variance option provides the most efficient and timely route for the applicant. Staff recommends approval of the variance request since the applicant can meet the variance standards listed above. Staff recommends approving conditions as part of the Final Order. The conditions should be required prior to building permit issuance for the property: • The proposed house shall meet the following side yard setbacks: 15 feet from the west property line and 85 feet from the east property line for a combination of 100 feet. • The proposed house shall meet the 64 foot setback to the OHWL. • The plans shall be in substantial conformance to the following plans titled: o Grading Drainage, Erosion Control and Utility Plan dated May 31, 2015 by Kallio Engineering. o Tree Preservation/Landscape Plan dated May 31, 2015 by Kallio Engineering. In addition the tree preservation plan should be revised from 88 replacement inches to 104 replacement inches which incorporates the additional 22"red oak. Staff Report—Variance # 2015-2 June 22, 2015 Page 5 • A connection fee of$12,165.00 for the sanitary sewer service in Riley Lake Road to serve the property must be paid to the Engineering Division(if the permit is issued in 2015 —if the permit is issued later the connection fee will be based on the connection fee in place at that time). • A special assessment agreement in the amount of $25,398 will be required for future Riley Lake Road Improvement. This amount is based on front footage of 153' and a front foot rate of$166/foot. • This property is subject to trunk sewer and watermain assessments. The assessable acreage is 1.13 acres (The lot size of 1.26 acres subtracting 0.13 acres of wetland and buffers). Based on the 2015 trunk rate of$7,895/acre the total amount to be assessed is $8,701.35. A special assessment agreement will be required for the trunk assessments also. • A conservation easement for the wetland and wetland buffer to be filed against the property consistent with City Code and in a form approved by the City. REQUESTED COMMISSION ACTION The Commission may wish to choose from one of the following actions: 1. Approve Final Order#2015-2 with conditions 2. Approve Final Order#2015-2 with modifications. 3. Continue Variance Request#2015-2 for additional information. 4. Deny Final Order#2015-2. VARIANCE#2015-02 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2015 Applicant: Lisanne Oster J M &B A Kirtland Trustees ADDRESS: 9008 and 9010 Riley Lake Road OTHER DESCRIPTION: PID #19-116-22-32-0004 and PID#19-116-22-32-0010 VARIANCE REQUEST: • To permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural zoning district. • To permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural zoning district. • To permit a shoreland setback for a single family house no closer than 64 feet to the Ordinary High Water Level (OHWL) of Lake Riley (DNR Classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. 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 N/A). 2. Variance 2015-02 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 July 7, 2015; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 5. All Board of Adjustments and Appeals actions are subject to City Council Review. BOARD OF ADJUSTMENTS AND APPEALS N/A= Not Applicable BY: John Stoltz—Chair Date: June 22, 2015 EXHIBIT A—FINDINGS AND CONDITIONS FINDINGS Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. A single family house is a permitted in a Rural zoning district. The increase lot size by combining the two lots to 1.26 acres is closer in compliance with the Rural 10 acre minimum lot size. If the lots were rezoned to R1-22 one house could be built on each lot without variances. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property. Consistent with Comprehensive Plan The Comprehensive Plan guides this property as Low Density Residential. The variance does not change the use of the property and does not increase the density therefore the variance is consistent with the comprehensive plan. Reasonable Use of the Property A single family house in the Rural zoning district is a reasonable use of the property. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The lots were created as part of an Auditors Subdivision. Both properties are under the same ownership. The property owner is not creating additional lots. The increase lot size by combining the two lots to 1.26 acres is closer in compliance with the Rural 10 acre minimum lot size. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: The applicant is requesting to combine the two lots into one lot. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property. The proposed house is no closer to Lake Riley than the existing house which helps save significant trees and reduces the impact lake and to the site character. CONDITIONS 1. The proposed house shall meet the following side yard setbacks: 15 feet from the west property line and 85 feet from the east property line for a combination of 100 feet. 2. The proposed house shall meet the 64 foot setback to the OHWL. 3. The plans shall be in substantial conformance to the following plans titled: a. Grading Drainage, Erosion Control and Utility Plan dated May 31, 2015 by Kallio Engineering. b. Tree Preservation/Landscape Plan dated May 31, 2015 by Kallio Engineering. In addition the tree preservation plan should be revised from 88 replacement inches to 104 replacement inches which incorporates the additional 22"red oak. 4. A connection fee of$12,165.00 for the sanitary sewer service in Riley Lake Road to serve the property must be paid to the Engineering Division(if the permit is issued in 2015 —if the permit is issued later the connection fee will be based on the connection fee in place at that time). 5. A special assessment agreement in the amount of $25,398 will be required for future Riley Lake Road Improvement. This amount is based on front footage of 153' and a front foot rate of$166/foot. 6. This property is subject to trunk sewer and watermain assessments. The assessable acreage is 1.13 acres (The lot size of 1.26 acres subtracting 0.13 acres of wetland and buffers). Based on the 2015 trunk rate of$7,895/acre the total amount to be assessed is $8,701.35. A special assessment agreement will be required for the trunk assessments also. 7. A conservation easement for the wetland and wetland buffer to be filed against the property consistent with City Code and in a form approved by the City. Area Location Map - Variance #2015-02 Address:9008 and 9010 Riley Lake Road Eden Prairie, Minnesota 55347 ‘-yrivi si Oil III *OP 1110 il City of Chanhassen ■ ims pA A A v, awasiiir4 /�= 1. Riley Lake R til‘t m 411 r 111111111.1.1 if)f W %* 4itli4Z Lake Riley ikil N 0 195 390 780 Feet Guide Plan Map Variance Request #2015-02 9008 and 9010 Riley Lake Road, Eden Prairie, MN 55347 _.......7 ,,, ,_ „, Cilic „.. 1:44 Riley Lake Road 4441 * lik_ __ ,... ,... ,,, ,,, ,,.. ,,.. ,,,. ,,,,. .,,,.1 Stephens Point Lake Riley Legend n Lakes IIIIIIII■Industrial Streams N Rural Residential 0.10 Units/Acre Neighborhood Commercial -Principal Arterial / Low Density Residential 0-2.5 Units/Acre Community Commercial —A Minor Arterial A I I�Low Density/Public/Open Space ' I Regional Commercial — ;rr� ` { Medium Density residential 2.5-10 Units/Acre®Town Center B Minor Arterial I=Medium Density Residential/Office n Park/Open Space —Major Collector IIIIIIII■High Density Residential 10-40 Units/Acre Public/Quasi-Public Minor Collector EDEN -Airport I Golf Course Date Revised 03-01-2014 PRAIRIE Office ■Church/Cemetary VV/iI Office/Industrial Open Water V� .e�.� Me.rA E",",NAM. a.� ,,.o...�,a.mA.„ 2,1^ .®�. LIVE•WORK•aA EAM Office/Public/Open Space Right-Of-Way 0 100 200 400 Feet I I I I I I I I Zoning Map Variance #2015-02 9008 and 9010 Riley Lake Road, Eden Prairie, MN 55347 ,i/4„...,,4y / ____ _ : ---____ z -_____________ _____. / ,,i . ,___________A--_F -R ____ _____ _........ .„ Riley Lake Road t i )11wmmith-------------____.....„ \'‘.444444:: 'l J ) -411114%1111111* Stephens Point Lake Riley Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. an TC-MU 1 GD I General Development Waters(Creeks Only) . t R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ME Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#19-2013 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2014 Neighborhood Commercial I I Golf Course In case of aiscrepency related to a zoning classitmaaon on this zoning trap,the ordinance e•w o.=.r•o R E a M and attached legal description on file at Eden Prairie Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.045 0.09 -Regional Service Commercial Milesm°a._op..m..=m._ ....g..o.a.,a o...ia..m ,..,,m„ Aerial Map - Variance #2015-02 Address: 9008 and 9010 Riley Lake Road Eden Prairie, Minnesota 55347 MIR , , L j'-'‘I*Ivr ,_ ,.. •u. Ai.: rt f f F 'r.i - �' , tib II. a: r.. -- ,yr,`4 Y .f srs,. 4 • "My - • '�-;'' ' Lake RileyRoad - tkiliiilmmml . All • rA • 3 ' 1 4IP4 ill ht,11*, 101111111 11 Lake Riley N A 0 125 250 500 Feet STAFF REPORT TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: June 22, 2015 SUBJECT: Variance 2015-03 APPLICANT/ Central Bank OWNER: IRET Properties LOCATION: 6640 Shady Oak Road REQUEST: • To permit a 112.5 square foot building identification wall sign on the north elevation. • To permit a 112.5 square foot building identification wall sign on the south elevation. City Code permits one building identification wall sign per wall per street frontage not to exceed 50 square feet. Section 11.70, Subd. 4, C, 2 (a) BACKGROUND In 2013, Aerotek, a tenant in the building, applied for a variance for a building identification wall sign on the east elevation of the building. During the review of the application it was discovered that Central Bank's existing building identification tenant wall signs on the north and south elevations exceeded the sign size approved from a 1986 variance. On June 9, 2014, the Planning Commission approved the Aerotek sign and the Central Bank signs. Central Bank agreed to remove the logo from the existing signs on the north and south elevations reducing the size to 112.5 square feet each. Aerotek also proposed to reduce their proposed sign to 31 square feet. The Aerotek sign was installed meeting the conditions of the final order. Central Bank has requested additional time to install the signs on the north and south elevations due to a recent merger which may result in a company name change. City code does not allow for an extension of a variance. If additional time is needed that exceeds the one year effective date for implementation of a variance then a new variance application and public review is required. 1 VARIANCE STANDARD Variances may be granted when they are"in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan."Furthermore variances may"be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. • The total of all three building identification wall signs is 256 square feet which is 96 square feet less than the total square footage from the 1986 variance approval. The revised proposal is consistent with the purpose and intent of the original variance. Consistent with Comprehensive Plan The Comprehensive Plan guides this property as Office. • The variance does not change the use of the property and therefore the variance is consistent with the comprehensive plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. • Building identification signs are permitted in the Office Zoning District. • The requested variance will not alter the existing use of the property as an office. • Allowing the existing signs to remain is a reasonable use of the property and consistent with a previously approved variance. • The total of all three building identification wall signs is 256 square feet which is 96 square feet less than the total square footage from the 1986 variance approval. Circumstances Unique to the Property and not Created by Landowner • Due to the height of the building and the position of the building on the property the walls facing HWY 212 and Shady Oak Road are the most visible to higher traffic volume. These walls include the north, south and east elevations. This circumstance was not created by the current tenants, owner and are unique to this property. Will not alter Character of Locality The requested variance will not alter the character of the locality for the following reasons: • Three building identification signs total 256 square feet which is less total square footage than the 1986 variance approval. 2 • The proposed signs are in scale with the building. • The requested variance will not alter the existing use of the property as an office. STAFF ANALYSIS Since the applicant is not changing the size sign from the 2014 approval and the proposed meets the variance standards above staff recommends approval. REQUESTED COMMISSION ACTION The Commission may wish to choose from one of the following actions: 1. Approve Final Order#2015-03. 2. Approve Final Order#2015-03 with modifications. 3. Continue Variance Request#2015-03 for additional information. 4. Deny Final Order#2015-03. 3 VARIANCE#2015-03 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2015-03 APPLICANT: Central Bank OWNER: IRET Properties ADDRESS: 6640 Shady Oak Road OTHER DESCRIPTION: VARIANCE REQUEST: • To permit a 112.5 square foot building identification wall sign on the north elevation. • To permit a 112.5 square foot building identification wall sign on the south elevation. City Code permits one building identification wall sign per wall per street frontage not to exceed 50 square feet. Section 11.70, Subd. 4, C, 2 (a) 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 X No N/A). 2. Variance 2015-03 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 July 7, 2015; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 5. All Board of Adjustments and Appeals actions are subject to City Council Review. BOARD OF ADJUSTMENTS AND APPEALS N/A=Not Applicable BY: Jon Stoltz—Chair Date: 06-22-15 EXHIBIT A—FINDINGS AND CONDITIONS FINDINGS 1. The granting of the variance is in harmony with intent and general purposes of the ordinance and the terms of the variance are consistent with the comprehensive plan. • The total of all three building identification wall signs is 256 square feet which is 96 square feet less than the total square footage from the 1986 variance approval. The revised proposal is consistent with the purpose and intent of the original variance. • The variance does not change the use of the property and therefore the variance is consistent with the comprehensive plan. 2. The property owner proposes to use the property in a reasonable manner. • Building identification signs are permitted in the Office Zoning District. • The requested variance will not alter the existing use of the property as an office. • Allowing the existing signs to remain is a reasonable use of the property and consistent with a previously approved variance. • The total of all three building identification wall signs is 256 square feet which is 96 square feet less than the total square footage from the 1986 variance approval. 3. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The property is unique for the following reasons: • Due to the height of the building and the position of the building on the property the walls facing HWY 212 and Shady Oak Road are the most visible to higher traffic volume. These walls include the north, south and east elevations. This circumstance was not created by the current tenants, owner and are unique to this property. 4. The variance, if granted, will not alter the essential character of the locality. • Three building identification signs total 256 square feet which is less total square footage than the 1986 variance approval. • The proposed signs are in scale with the building. • The requested variance will not alter the existing use of the property as an office. CONDITIONS: 1. The 176 square foot building identification sign (Central Bank) is revised to a 112.5 square foot building identification wall sign on the north elevation. 2. The 176 square foot building identification sign (Central Bank) is revised to a 112.5 square foot building identification wall sign on the south elevation. 3. No signs are permitted on the west elevation. 4. Central Bank shall remove the "C" logo from the existing sign area within one year of the effective date of the variance approval. 5. Central Bank shall apply for a new sign permit within one year of the effective date of the variance approval. Area Location Map-- Variance Request #2015-03 Address: 6640 Shady Oak Road Vb City West Parkway ROWLAND R° - -7 ill ‘i_ Shady Oak Road 140 ,9 .� CD HWY 212 / ..K RD 212 — --- — _ _ _ ..... ____ _ ..... _ _ p 1 SITE Bryant Lake Drive 0 - 14111 z 0 Ci, il c &y o °�� 212A oo M S WAY Q ti 0 2 icy 10 820 Feet i i i I i i i I Guide Plan Map Variance Request #2015-03 6640 Shady Oak Road • City West i , Parkway ,_ 7 i ' '''I\"""////////////////////////////////////////4'l I� I 4 ,, Shady Oak Road - - - A - - _ SITE Bryant Lake Drive City of Eden Prairie Land Use ui • e P Legend n Lakes -Industrial Streams N n Rural Residential 0.10 Units/Acre Neighborhood Commercial Principal Arterial Low Density Residential 0-2.5 Units/Acre Community Commercial —A Minor Arterial ® I Low Density/Public/Open Space I ,Regional Commercial i —B Minor Arterial ' + '' -Medium Density residential 2.5-10 Units/Acre Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 DATE Revised 01-07-05 DATE Revised 03-01-07 02 1EDEN ®Medium Density Residential/Office Park/Open Space —Major Collector DATE Revised -23-06 DATE Revised 0-01-07 DATE Revised 02-23-06 DATE Revised 0-01-07 -High Density Residential 10-40 Units/Acre I Public/Quasi-Public —Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 -Airport I 1 Golf Course Office -Church/Cemetary PRAIRIE 17- Office/Industrial 1 Open Water LIVE•WORK•DAEAM 7 Office/Public/Open Space -Right-Of-Way E:. ...0Eo..mm...,®...iL.7.aa.....aa•1AR,o® 0 225 450 900 Feet I I I I I I I I Zoning Map Variance Request #2015-03 6640 Shady Oak Road / . \://,/ City West Parkway $9 \ `, 14v a i4 Shady Oak Road / . 1 1 III \-\\.!Ifi., ..... '' ----T.::: Highway #212 Bryant Lake Drive ?/ 1 i I Ii i 1 i 1 11114L 1 — t Rural -Regional CoC irty of Eden Prairie Zoning M a p Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I-I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. an TC-MU I GD I General Development Waters(Creeks Only) I I R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I I Golf Course In case of discrepency related to a zoning classitmaaon on this zoning map,the Ordinance e•w o.a a.DREW and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.075 0.15 -Regional Service Commercial Miles .waL_o....m..=m._..®..g..o.a.,a ..o...,z,..m ..,,mo, Aerial Map Variance Request #2015-03 6640 Shady Oak Road , Eden Prairie, MN '1 sa s �` - 4 . .1 s City West Parkway ,k,'.*X' 41 . , ,. .74 4_ *4‘ ,:,„, , . , rr Shady Oak Roadpr. :_ ,., , ::,.7.\%1;'-- ''.' .,:7'. .._i rill . -.:*:'1) ');.44,•.1:;-t'. .'' _, . .,.. .. ..1i.... . ,„ ,..% . ilhh. ION IP: • /.4 , : .40. '3 v , - ._ lir. 1 ,. _- _. , .1., , . '' .-___ I •y a g „r-r • , ....,. fise,),0160,,P , . f :', i ,. \sos ., Bryant Lake Drive ,'r ;` '. I, l 1, a s' Hf I • I 1 1 1 i, ,•.1• 1 , ., . . 1 1 Lr) .61) WI .E El •- 113 1 ----, C\.1 ft C fail cu a) 1 ILI >__ 1 • 0 ' L DA . Z. E -'. 1 , . 11:: 11 1, , 1 : : . 1 CY) •1 ,; . U) p ....... , CD , 1-i• • C .,. co u) ! -....... ...; I 1 • cu . 4.- 1 1 • 0I.11 S L_ i • co „ .., co • , .,,. it) ! i , 0) c\i . , N x.. . '. — ct) rx, k rb...I ..". D :m. > C 1 >, —- 's.... D. -- C — cp 3 . ) ° :-... 1 , \ . • - ...--1 _,, I • 1 '., LA > Central Bank 6640 Shady Oak Road, Eden Prairie, MN 55344 Phone:(952)944-6640 Fax:(952)944-3696 May 4, 2015 Eden Prairie Planning Department 8080 Mitchell Rd Suite 2 Eden Prairie MN 55344 Attn: Ms. Regina Rojas Dear Ms. Rojas, The Eden Prairie Planning Commission approved our Variance request#2014-06 on September 22, 2014. As part of the approval, Central Bank agreed to remove the "C" logo from our sign within one year. Central Bank is requesting an extension of our requirement to remove the "C" at this time since Central Bank has been sold to Midwest One Financial of Iowa City. The merger of the two banks will take place next year and we are requesting the extension of the variance through next year. We are requesting this variance as it would save us $5,000 to have the entire sign removed at the same time. Sincerely, CJHentges Market President Member Cr FDIC Equal Housing Lender www.centralbnk.com Central Bank to be sold to N. /estOne Financial - Minneapolis/ St. ' 1 Business Journal Page 1 of 1 From the Minneapolis / St. Paul Business Journal :http://www.bizjournals.com/twincities/blog/banking/2014/11/central-bank- to-be-sold-to-midwestone-financial.html Central ; ank to be sold to ' krt. e Financial Nov 21 2014, 1:48pm CST Katharine Grayson Staff reporter- Minneapolis/St. Paul Business Journal Email I Twitter I Google+ MidWestOne Financial Group Inc. reached a deal to buy the parent company of Central Bank, the companies announced Friday. 1 i Iowa City, Iowa-based MidWestOne will pay $64 million in cash plus about 2.7 million shares of MidWestOne stock for Central Bancshares Inc. Golden Valley-based Central Bank, which has $1.2 billion in assets, will operate as a subsidiary of MidWest One Financial Group (Nasdaq: MOFG). Central Bank operates 20 branches in the Twin Cities and western Wisconsin, and expanded into Florida two years ago. The combined company will have about $3 billion in assets. MidWestOne CEO Charles Funk will be CEO of the combined company, with Central Bank's sole shareholder and chairman, John Morrison, serving as board chairman. Both companies' boards approved the deal, which is expected to close in the second quarter. Central Bank was an active buyer of failed banks during 2011 and 2012. Minneapolis-based law firm Fredrikson & Byron represented Central Bank in the deal. Katharine Grayson covers med tech, clean tech, technology, health care and venture capital. http://www.bizjournals.com/twincities/blog/banking/2014/11/central-bank-to-be-sold-to-.., 11/21/2014 STAFF REPORT TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: June 22, 2015 PROJECT: Shops at Southwest Station LOCATION: 13000 Technology Drive APPLICANT: Venture Pass Partners, LLC OWNER: Minnwest Bank 120 DAY REVIEW: Expires September 4, 2015 REQUEST: • Planned Unit Development Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres BACKGROUND The Comprehensive Guide Plan shows the 1.67 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial, Park/Open Space and Office. The property is zoned Regional Service Commercial. The site was originally approved in 1999 as a restaurant called Pickled Parrot(most recently Santorini's) and is part of a previously approved Planned Unit Development(PUD)which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. Cross access and cross parking agreements are in place to help serve the overall PUD which are allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. SITE PLAN The project is an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, however intends to reuse a majority of the existing foundation and pilings for the proposed building. Staff Report—Shops at Southwest June 22, 2015 Page 2 The site has a base area/floor area ratio of 0.15. City code permits up to a 0.20 base area ratio for a single story building in the Regional Service Commercial zoning district. There are 4 proposed tenants including 3 proposed restaurant uses and one dental office. The applicant provided a proposed parking ratio based on an anticipated tenant use of restaurant and office. Proposed Use Estimated Number Parking Ratio Parking of Seats or Gross Required Floor Area Restaurant 124 seats 1/3 seats 41.3 Restaurant 63 seats 1/3 seats 21 Dental Office 2706 sq. ft. 5/1000 sq. ft. 13.5 Restaurant 46 seats 1/3 seats 15.3 Outdoor Patio 87 seats 1/3 seats 29 120.1 The proposed plan shows 81 onsite parking spaces and 40 offsite parking spaces which are available through a private declaration of covenants, conditions, restrictions and easements. The proposed parking meets city code requirements based on the proposed use of the building and the existing waiver that was granted in 1999. A total of 18 bike parking spaces are proposed. It is possible for the tenant use within the leasable space to change overtime. Staff completed additional analysis of parking requirements based on potential tenant uses for the site. All Retail Scenario: Proposed Use Tenant Area Parking Ratio Parking Required Retail 3500 sq. ft. 5/1000 17.5 Retail 2400 sq. ft. 5/1000 12 Retail 2706 sq. ft. 5/1000 13.5 Retail 1991 sq. ft. 5/1000 9.9 53 (rounded up from 52.9) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/3 seats 29 35 (rounded 29 up from 34.8) An all retail scenario meets city code parking requirements based on the existing waiver that was granted in 1999 and the available parking through the private declaration of covenants, conditions, restrictions and easements. Staff Report—Shops at Southwest June 22, 2015 Page 3 Below is a scenario of all restaurant uses: Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Restaurant 124 1/2.5 seats 49.6 1/3 seats 41.3 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 Restaurant 46 1/2.5 seats 18.4 1/3 seats 15.3 119 99(rounded (rounded up up from 98.6) from 118.4) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/3 seats 29 35 (rounded 29 up from 34.8) In the 100 percent restaurant use scenario the parking need exceeds the available parking onsite and through the private declaration of covenants, conditions, restrictions and easements. This assumes that the indoor and outdoor areas are filled to capacity with customers. Through building permit review, staff will have the opportunity to work with the property owner and/or tenant to review proposed uses and number of restaurant seats to verify compliance with parking requirements at time of building permit. ARCHITECTURE The building exceeds the exterior building material standards for the Regional Service Commercial zoning district on all sides of the building. Enhanced architectural features include varying materials of brick, glass, cast stone, EIFS, and decorative awnings and LED lighting. PLANNED UNIT DEVELOPMENT WAIVERS The following PUD waivers should be carried over based on the new site plan: 1 Offsite Parking as allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. City Code requires parking to be accommodated onsite. Offsite parking is an existing condition from the previously approved PUD and is accommodated through the private declarations noted earlier in this report. The applicant is also proposing to construct an additional row of 30 parking spaces onsite (for a total of 81 onsite stalls)which can be accommodated due to the proposed smaller building footprint. Staff Report—Shops at Southwest June 22, 2015 Page 4 The applicant is providing 18 bicycle parking spaces near the entrance of the building to support alternative transportation options. 1. Front yard setback for parking from 35 feet to 17.5 feet abutting Technology Drive. Parking will not be changed in this location. This is an existing condition. Benefits to granting the waivers include: continued use of shared parking which is consistent with principles of a transit oriented and mixed use development, enhanced architectural details into the building design, and extensive use of perennials along the site perimeter and building base which are not required by code, but enhance the site. LANDSCAPING Existing landscaping will remain onsite as originally planted. A new rainwater garden is proposed within the front yard setback along Technology Drive. Additional trees and perennials are proposed within the site which will provide additional plant variety and color. The trees located in the center median near the entry are overgrown and limit site vision clearance. The existing pines within the center median will be removed and replaced with deciduous overstory trees and supplemental perennials. The proposed landscape plan exceeds city code requirements. GRADING AND DRAINAGE A rainwater garden is proposed within the front yard setback along Technology Drive to assist with water quality, rate control, and volume requirements. In addition, a water quality treatment device is proposed within the parking lot area. This site is within the Riley Purgatory Bluff Creek Watershed District. The applicant is working with the watershed district to obtain the appropriate permits. SIGNS The proposed wall and free standing signs meet city code. All sign permits will require review and approval through the sign permit process. SITE LIGHTING LED lighting is proposed for the site and building. The photometric plan meets City requirements. Staff Report—Shops at Southwest June 22, 2015 Page 5 STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 1.67 acres 2. Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres 3. Site Plan Review on 1.67 acres This is based on plans stamp dated June 2, 2015 and the following conditions: 1. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 2. The following waivers have been granted through the PUD District Review for the property: A. Offsite Parking as allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. City Code requires parking to be accommodated onsite. B. Front yard setback for parking from 35 feet to 17.5 feet abutting Technology Drive. 3. All signage shall require review and approval of a sign permit. Area Location Map-- Shops at Southwest Station Address: 13000 Technology Drive Technology Drive \r‘ as as ®�� TECHNOL•GY DR Prairie Center Drive \it, L J \ \ it \ • iiiIiniyDrive � ` N 0 250 500 1,000 Feet Guide Plan Map -Shops at Southwest Station 13000 Technology Drive, Eden Prairie, MN 55344 I '� I P`AZAD ANAGRAM , ----------- lic=mommoi --- - _ ______ 01% / (1111111110' Prairie Center Drive _______________________________.--- - :- ___,._,...,................ .... ..r....-- - ftil ,S 4L. I__ 4 4% \,,, 1 P airirie.,.....G( 741 Technology Drive OVO �G City of Eden Prairie La d Use Guide P Map 2000-2020 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open WaterFII EIVE•wORK•QAEAM fO- Office/Public/Open Space Right-Of-Way 490 245 :e•Oogamm�Me moe.m_o.„®o ..o.a, o .,0490 Feet - Industrial Zoning Map Shops at Southwest Station 13000 Technology Drive, Eden Prairie, MN 55344 - O . > . I p U X I. ............ic II. 5 _........vissigiiiii‘ii, iiiipPrairie Center Drive -;:•%.,:;:/ \ i ellik \ /4" Technology Drive IIIIIP lio Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Ell TC-MU I GD I General Development Waters(Creeks Only) I o ,+. I R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#19-2013 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2014 Neighborhood Commercial I Golf Course mcaaeoaia«epettcyrearearoa ottittyclaaaimaaottottnia ottittymap,neoamattce e•wo.=.r.mise and attached legal Gescnption on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.125 0.25 -Regional Service Commercial .wau_...m..��mo..m._..®..t..o.a.,a Miles ..o..,s.!,th,m ,..,,m„ Aerial Map-- Shops at Southwest Station Address: 13000 Technology Drive Technology Drive _ ,---A . .. r 4 r _ _ , ; ' \ _40;400 11114 _-I_- . ®,� TECHNOLOGY DR .' ;\ \\'N.:..,.!: ,.'!, T ., : -4111: 44,..,.....::,,,,,,,::,71:"..t .' __,41-1-411&'' ' ' '—' \ Prairie Center Drive __ .-, :!7.--;...--- — 'IA , .r. , , . 1"- \ \- - '•-:'•# - 7, ., __ , . .. , ,,, \.\ ,.,... ........rA(40 If 0 N. s .� .. = SITE ' Technology Drive �., ,, :.• N ill ..;.,,, -2 a 4...,,,,e'-'•,, e 100 .._. AFF:c , ` Ili 0 250 500 1,000 Feet - I I I I I I I i— 1 PROJECT PROFILE - JUNE 22, 2015 PLANNING COMMISSION - JUNE 22, 2015 1. VARIANCE #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 to: • To permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural zoning district • To permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural zoning district. • To permit a shoreland setback for a single family house no closer than 64 feet to the Ordinary High Water Level (OHWL) of Lake Riley (DNR Classified Recreational Development Waters.) City Code requires a 100' setback from the OHWL. Application Info Planning Commission City Council Date Submitted 01/09/15 Notice to Paper Date 06/04/15 Notice to Paper Date N/A Date Complete 04/09/15 Resident Notice Date 06/05/15 Resident Notice Date N/A 120 Day Deadline 08/07/15 Meeting Date 06/22/15 lst Meeting Date N/A Initial DRC review 2nd Meeting Date N/A 2. VARIANCE #2015-03 by Central Bank. (REGINA) Proposal to extend Variance period Location: 6640 Shady Oak Road Contact: Jerry Hentges, 952-944-6640 Request to: • To permit a building identification wall sign up to to 112.5 square feet on the north elevation in the Office zoning district. • To permit a building identification wall sign up to 112.5 square feet on the south elevation in the Office zoning district. Application Info Planning Commission City Council _ Date Submitted 05/04/15 Notice to Paper Date 06/04/15 Notice to Paper Date N/A Date Complete 05/12/15 Resident Notice Date 06/05/15 Resident Notice Date N/A 120 Day Deadline 09/11/15 Meeting Date 06/22/15 1st Meeting Date N/A Initial DRC review 2nd Meeting Date N/A 1 3. SHOPS AT SOUTHWEST STATION (2015-03)by Venture Pass Partners, LLC. (REGINA) Proposal for the redevelopment of the existing Santorini's restaurant site into an 11,138 sf multi- tenant retail center Location: 13000 Technology Drive Contact: Randy Rauwerdink 612-801-4313 Request for: • Planned Unit Development Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres Application Info Planning Commission City Council Date Submitted 05/08/15 Notice to Paper Date 6/4/15 Notice to Paper Date Date Complete 05/08/15 Resident Notice Date 6/5/15 Resident Notice Date 120 Day Deadline 09/04/15 Meeting Date 6/22/15 1st Meeting Date Initial DRC review 2nd Meeting Date PLANNING COMMISSION - JULY 13, 2015 1. VARIANCE #2015-05 by WAND Corporation. (TANIA) Proposal to convert entire facility to 100%office Location: 7575 Corporate Way Contact: Dave Perrill, 952-361-6200 Request to: • To permit 100% office in the I-2 zoning district. City code requires 77% office with remainder as warehouse. Application Info Planning Commission City Council Date Submitted 05/22/15 Notice to Paper Date Notice to Paper Date N/A Date Complete 05/22/15 Resident Notice Date Resident Notice Date N/A I 120 Day Deadline 09/20/15 Meeting Date 1st Meeting Date N/A Initial DRC review 05/28/15 2nd Meeting Date N/A 2 2. COMFORT INN EDEN PRAIRIE (2015-07)by Michael Monn Architects (JULIE & STEVE) Proposal for exterior façade remodel Location: 7740 Flying Cloud Drive Contact: Mike Monn, 612-247-5406 Request for: • Site Plan Review on 3.19 acres Application Info Planning Commission City Council Date Submitted 06/05/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 06/11/15 2nd Meeting Date 3. DRAFT TOD ORDINANCE Public hearing to adopt the draft TOD ordinance. Contact: Regina Dean, 952-949-8490 Application Info Planning Commission City Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date CONSERVATION COMMISSION - JULY 14, 2015 3 CITY COUNCIL CONSENT - JULY14, 2015 1. EDEN PRAIRIE PLAZA (SALON CONCEPTS) (2015-03)by SCEPRE, LLC. (TANIA) Proposal for adding 58 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 Notice to Paper Date 4/9/15 Notice to Paper Date 4/30/15 Date Complete 03/02/15 Resident Notice Date 4/11/15 Resident Notice Date 5/1/15 120 Day Deadline 08/29/15 Meeting Date 4/27/15 1st Meeting Date 5/19/15 Initial DRC review 01/22/15 2nd Meeting Date 2. FILE #2014-20TM by Verizon Location: 8080 Mitchell Road Contact: Justin Holt, 952-831-1043 x3120 office, 763-454-9428 mobile (STEVE) (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 Application Info Planning Commission City Council Date Submitted 10-07-14 Notice to Paper Date N/A Notice to Paper Date NA/ Date Complete 00-00-14 Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline 00-00-15 Meeting Date NA/ 1st Meeting Date 03-03-15 Initial DRC review 00-00-14 2nd Meeting Date N/A 3. AMENDMENT TO DEVELOPMENT AGREEMENT Public hearing to amend the development agreement for Liberty Plaza. Contact: Julie Klima, 952-949-8498 Application Info Planning Commission City Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 4 4. CROSSROADS CENTER(2014-18)by Tim Cashin. (JULIE) Proposal for facade 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 Notice to Paper Date 3/26/15 Notice to Paper Date 4/23/15 Date Complete 1/14/15 Resident Notice Date 3/31/15 Resident Notice Date 4/24/15 120 Day Deadline 9/10/15 Meeting Date 4/13/15 1st Meeting Date 5/5/15 Initial DRC review 12/4/14 2nd Meeting Date HERITAGE PRESERVATION COMMISSION - JULY 20, 2015 5 IN BUT NOT SCHEDULED 1. CODE AMENDMENT RELATING TO SUBDIVISION REGULATIONS Public hearing to amend City Code Chapter 12, relating to the regulation of subdivisions of property. Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 2. WOODSPRING SUITES SIGNATURE (2015-08)by Titleist Lodging Group, LLC (REGINA) Proposal for the construction of a 4-story extended stay hotel Location: 7544 Market Place Drive Contact: Quentin, 316-260-9088 Request for: • Planned Unit Development District Review with waivers on 1.66 acres • Zoning District Change from Office to Commercial Hwy on 1.66 acres • Site Plan Review on 1.66 acres Application Info Planning Commission City Council Date Submitted 06/05/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 6 3. TOWNPLACE SUITES (2015-09)by Alliant Engineering. (JULIE) Proposal for a 300 square foot addition to the existing Townplace Suites Location: 11588 Leona Road Contact: Mark Kronbeck, 612-767-9338 Request for: • PUD Concept Review on 1.87 acres • Planned Unit Development District Review with waivers on 1.87 acres • Zoning District Amendment within the Commercial-Regional-Services District on 1.87 acres • Site Plan Review on 1.87 acres Application Info Planning Commission City Council Date Submitted 06/05/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 06/11/15 2nd Meeting Date APPROVED VARIANCES 7 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 Notice to Paper Date N/A Notice to Paper Date N/A Date Complete 00-00-14 Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline 00-00-15 Meeting Date N.A st Meeting Date N/A Initial DRC review 2nd Meeting Date N/A Complete Letter 00-00-15 due 2. 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/TANIA) Application Info (2015-06L) Date Submitted 03-19-15 Notice to Paper Date N/A Notice to Paper Date N/A Date Complete 00-00-15 Resident Notice Date N/A Resident Notice Date N/A 90 Day Deadline 06-07-15 Meeting Date N.A ,st Meeting Date 00-00-15 Initial DRC review 00-00-15 2nd Meeting Date N/A Complete Letter 03-27-15 Due 8