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Planning Commission - 09/28/2015
AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, September 28, 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; Matt Bourne, 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 September 14, 2015 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. MILLER REZONING by David and Karen Miller Location: 7555 192nd Ave West Request for: • Zoning District Change from Rural to R1-13.5 on 1.32 acres B. WOODSPRING SUITES SIGNATURE by Titleist Lodging Group, LLC Location: 7544 Market Place Drive Request for: • Planned Unit Development District Review with waivers on 1.66 acres • Zoning District Change from Office to Commercial Regional Service on 1.66 acres • Site Plan Review on 1.66 acres VII. PLANNERS' REPORT 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, September 28, 2015 MONDAY, September 28, 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, SEPTEMBER 14, 2015 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. MILLER REZONING by David and Karen Miller Location: 7555 192nd Ave West Request for: • Zoning District Change from Rural to R1-13.5 on 1.32 acres 7555 192nd Street is 1.32 acres. The minimum lot size required in the Rural zoning district is 10 acres. Therefore, the property is non-conforming in terms of lot size. The property is an unplatted legal lot of record. There is an existing single family home on the property, built in 1950. The applicant is proposing to tear down the existing home and re-build a new home further to the east. The applicant is seeking a rezoning to remedy the non-conforming status of the parcel. The proposed house location complies with the setback requirements of the R1-13.5 zoning district. The property owner is not subdividing the property at this time. Staff recommends approval. MOTION 1: Move to recommend a continuance to the October 12, 2015 meeting. OR ANNOTATED AGENDA September 28,2015 Page 2 MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Zoning District Change from Rural to R1-13.5 on 1.32 acres based on the information included in staff report dated September 25, 2015. OR MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of the Zoning District Change from Rural to R1-13.5 on 1.32 acres based on the information included in staff report dated September 25, 2015. B. WOODSPRING SUITES SIGNATURE by Titleist Lodging Group, LLC. Location: 7544 Market Place Drive Request for: • Planned Unit Development District Review with waivers on 1.66 acres • Zoning District Change from Office to Commercial Regional Service on 1.66 acres • Site Plan Review on 1.66 acres The project request is for a 44,232 square foot, four story, 112 room extended stay hotel with Planned Unit Development Waivers. On June 5, 2015 the Planning Division received a development review application including a narrative letter and full size civil and architectural plans for the Woodspring Signature Suites project from the Applicant, Titleist Lodging Group, LLC. Since the initial submittal two conceptual plan revisions have been submitted including revised PUD waiver requests. Outstanding issues remain which include a full size and full submittal of revised civil and architectural plans. On September 8, 2015 the Applicant verbally indicated that the project would be withdrawn. Staff requested a written request to formally withdraw the project. To date the City has not received a written request to formally withdraw the project. City Staff has attempted to contact the Applicant by postal mail, email and phone, however to date has been unsuccessful in receiving a response. A detailed timeline is provided in the Planning Commission Staff Report. Staff recommends denial generally due to not having a plan that complies with City Code ANNOTATED AGENDA September 28,2015 Page 3 requirements and not receiving an extension to the review period. Specific Findings of denial are in the Staff Report dated September 25, 2015. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of the Planned Unit Development District Review with waivers on 1.66 acres; Zoning District Change from Office to Commercial Regional Service on 1.66 acres and Site Plan Review on 1.66 acres based on plans stamp dated August 26, 2015 and the Findings included in staff report dated September 25, 2015. VIII. PLANNERS' REPORT 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, SEPTEMBER 14, 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 Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Pieper called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Farr, seconded by Weber, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 24, 2015 Wuttke had two changes to the minutes. The first change is on page 3, 4th paragraph, 1St sentence. He would like it to read, "Wuttke had a comment on materials and said there are new products made available continually." Wuttke's second change is on page 4, 2nd paragraph, 1St sentence. He would like it to read, "Wuttke asked if the City has art and sculpture regulations." MOTION by Weber, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Eden Prairie Planning Commission Minutes September 14, 2015 Page 2 A. EDEN PRAIRIE RETAIL by EP Equities, LLC Location: 590 Prairie Center Drive Request for: • Planned Unit Development Concept Review on 0.8 acres • Planned Unit Development District Review with waivers on 0.8 acres • Zoning District Amendment within the Commercial Regional Services zoning district on 0.8 acres • Site Plan Review on 0.8 acres Sheldon Berg, representing EP Equities, presented the proposal. He stated they would like to re-develop the site and remove the existing structure and construct a new structure without the drive-thru. The new structure would be approximately 7,200 square feet in size. The new structure would exceed the construction material requirements per façade for 75/25% materials. There will also be improvements to the parking area; which will include 42 parking stalls. The site only requires 37 parking stalls. There will also be 4 bike racks and a trash enclosure. The proposed landscaping is in excess of the City Code requirements and includes grasses, shrubbery and perennials. Vice Chair Pieper asked Klima to review the staff report. Klima said the City Code requires a front yard setback of 35 feet for building and parking. The project proponent is seeking approval of a reduced setback of 30 feet for the building at its closest point and 25 feet for the northwest corner of the parking area in order to retain as much of the existing construction on site as possible. Also, the Commercial Regional Services District requires a Floor Area Ration of 0.2. The proposed plan provides for a FAR of 0.207. The project proponent is seeking approval of a PUD waiver to allow the incremental increase in the FAR. Staff recommendation is for approval. Klima stated she had discussed with Farr prior to the meeting to discuss approval of this project and he came up with the following issues: 1. The retaining wall along Flying Cloud Drive—he would like the proponent to provide aesthetic qualities to this structure. 2. Trash enclosure—right now it is a stand-alone structure and he would like the proponent to integrate it into the building. 3. Building materials—Farr would like the lower 8 feet of the EIFS areas to be different materials. 4. In regards to the north building material, there appears to be an entrance where there is not one, so Farr would like to have revisions to the north elevation to minimize confusion. 5. Farr would like to see the bike parking relocate to maximize visibility. Klima said staff has reached out to the applicant and they are in agreement to working with the City Staff on these issues. Eden Prairie Planning Commission Minutes September 14, 2015 Page 3 Farr said in regards to the retaining wall, if on the lowest place, a drain could be put in so water does not drop down onto the sidewalk and street. In regards to the removal of the drive-thru, it creates a dead end and could be hard for vehicles to maneuver there so maybe employees could park there. Vice Chair Pieper asked the project proponent if he was concerned with any of these suggestions. Mr. Berg said he has no concerns with any of the suggestions. Wuttke asked in regards to the addition of the retaining wall, where would they push the snow because the concern would be that the snow would pile up. Mr. Berg said they would be removing the snow off the property. Farr asked if there is shared maintenance on this property. Klima said there is shared parking on the parcels in the area but snow removal is private. Wuttke asked Farr to explain the trash enclosure. Farr said since this site is visible from all sides, it would be best to enclose the trash receptacle. Wuttke asked where he thought the best location would be for this. Farr said facing the east by the drive aisle. Klima said she concurs with Farr that there is opportunity to integrate the trash enclosure into the building and the applicant is willing to do so. Vice Chair Pieper opened the meeting up for public input. There was no input. MOTION by Farr, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Farr, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 0.8 acres, Planned Unit District Review with waivers on 0.8 acres and Zoning District Amendment within the Commercial Regional Services zoning district on 0.8 acres and Site Plan Review on 0.8 acres based on plans stamp dated September 9, 2015 and the information included in staff report dated September 11, 2015. Motion carried 5-0. B. BURGER KING by Paul Dahl Associates, Inc. Location: 16345 Terrey Pine Drive Request for: • Site Plan Review on 1.34 acres Paul Dahl, of WCL Associates, Inc. presented the proposal. He stated they would like to update the interior and upgrade the exterior with new materials. The brick materials on the elevations would be well within the 75%requirements. All the shingle roof material will be replaced with metal roofing. The site improvements will include updating landscaping and parking lot lighting, menu board and drive- thru order station,building signage and inclusion of bike racks. Eden Prairie Planning Commission Minutes September 14, 2015 Page 4 Vice Chair Pieper asked Klima to review the staff report. Klima said the applicant is proposing a façade remodel and landscaping to enhance the site. The retaining wall along Eden Prairie Road is the County jurisdiction and they plan to remove and upgrade the area. Klima also discussed with Farr as he had some concerns with the project. They are as follows: 1. Farr would like to see a pedestrian connection from the trail to the Burger King site. 2. Apply more definition when leaving the drive thru area. 3. At entry way to the drive thru there should be curbing to better define the entry. 4. Landscaping numbers need to be revisited to be consistent with site conditions. Staff recommendation is for approval. Vice Chair Pieper asked if the project proponent had any concerns with the recommendations. Mr. Dahl said he has some concern about the grade change because when you get past the berm there is some sloping so a different location may be needed. Klima said staff will work with the project proponent for design changes. Higgins reiterated there is some confusion when entering the parking lot and not seeing the drive-thru. Farr suggested putting up a sign. Vice Chair Pieper opened the meeting up for public input. There was no input. Wuttke asked if parking in the back area is going to be stripped. Mr. Dahl said it was not going to be stripped. MOTION by Weber, seconded by Farr, to close the public hearing. Motion carried 5-0. MOTION by Weber, seconded by Higgins, to recommend approval of the Site Plan Review on 1.34 acres based on plans stamp dated September 3, 2015 and the information included in the staff report dated September 11, 2015. Motion carried 5-0. Eden Prairie Planning Commission Minutes September 14, 2015 Page 5 VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL Weber said the Eden Prairie meeting for municipal consent of the SWLRT will be Tuesday, September 15. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Kirk, seconded by Wuttke, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:53 p.m. STAFF REPORT TO: Planning Commission FROM: Tania Mahtani, Planner I DATE: September 25, 2015 SUBJECT: Miller Rezoning APPLICANT/ David and Karen Miller OWNER: 120 DAY REVIEW: January 7, 2015 LOCATION: 7555 192nd Street West REQUEST: • To rezone the property 7555 192nd Avenue West (1.32 acres) from Rural to R1-13.5. BACKGROUND The property is guided Low Density Residential. The properties to the north and east are guided Low Density Residential and the properties to the south are guided Medium Density Residential. The property is zoned Rural and the properties to the north and east are zoned R1-13.5, the property to the east is zoned R1-9.5, and the properties to the south are zoned RM-6.5. SITE DETAILS 7555 192nd Street is 1.32 acres. The minimum lot size required in the Rural zoning district is 10 acres. Therefore, the property is non-conforming in terms of lot size. The property is an unplatted legal lot of record. There is an existing single family home on the property,built in 1950. The applicant is proposing to tear down the existing home and re- build a new home further to the east. The applicant is seeking a rezoning to remedy the non-conforming status of the parcel. The proposed house location complies with the setback requirements of the R1-13.5 zoning district. The property owner is not subdividing the property at this time. However, the property owners have indicated that their intent is to locate the new home on the property so as to not preclude future opportunity for subdivision of the property. To illustrate possible future subdivision, the applicant has submitted a drawing showing approximately where a new property line and house may go. The proposed house location complies with the setbacks requirements if the property were to be platted. Any future subdivision would require review and approval by the City. This review would include, but not be limited to density, access, and lot conformance. STAFF RECOMMENDATION Recommend approval of the following request: Rezone the property 7555 192nd Street West from Rural to R1-13.5. This is based on Staff Report dated September 25, 2015. Prior to issuance of the building permit for the construction of the new home: 1. A tree inventory certified by a registered land surveyor, landscape architect or forester must be provided. 2. The driveways need to be evaluated to determine the most appropriate driveway locations. A maximum of two driveway openings will be allowed for the proposed house. 3. The current sewer/water service locations will need to be evaluated to determine the most appropriate connection location for the new home. 4. A permit will be required from Riley Purgatory Bluff Creek Watershed District. Area Location Map - Miller Rezoning 2015-016 Site Address: 7555 192nd Avenue West, Eden Prairie, Minnesota 55346 i � pe4A-Rail..._11e _ —f i �`- � P1 1.*4 iiwq ./: --I 4 '411 --- *4 416/11 - •Airro wig. a it tozway _ , 4 **; k 4* *it* " 4 & ,__ * on wi •* / • omit Vw N -\* 0 r 10 LI 1 I 2 • vas mg : A • ,, - 4., .1 11040,4 ' AP ‘la mg . " I. ...., .14,4 .. 4 lir , MI AM rAUR os,44,440 iv 4- Air Plgialiiiit Mak - i LIII mom. - ISTIE • lx WIW. 1111E"V 4 d 4 9.111 I r t . 4 0 %1 or . 0Debbie Lane � - ,,� SIT ♦*4-3- ► ♦ �. Highway 101p. �� ♦ , ,, , .♦ •;��j 1 City of Chanhassen Twilight Trail 1- \* ' prAismi ...- ,...., - / g �I/_ ØIJI mum. r City of Chanhassen 1 iliffjill� \ IA 1 N 1 0 350 700 1,400 Feet 1 .I. Guide Plan Map - Miller Rezoning 2015-016 7555 W 192nd Street, Eden Prairie, MN 55346 ---_____i ) _ Allidiliiiiilligll rip !<lt I TIE N ...* . #, ..., ,,1,__:_________ s. 1. *R.. Highway #101 ��`•"+, +4 , 1** ‘ t*:10, t -- City of Chanhassen I SITE / , lk Twilight Trail City of Chanhassen i� City of Eden Prairie Land Use Guide Plan Map 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;. ,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 E a E N High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector 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 f� Office/Public/Open Space Right-Of-Way 390 195 M 0ogamm�Me mo1.m_o.„®o�o..o.a, o MBoµ 390 Feet - Industrial Zoning Map - Miller Rezoning 2015-16 7555 W 192nd Street, Eden Prairie, MN 55346 110 Vit r al lip' Elk 1111110%E.A tli,'" 1111 IP I. w Ali . `11 r NW Sig* 3 ' 11?F I II D a AL, I<' ISTIE I Ili *V Highway #101 .41 A .411t# /prip AP* mi vsw, rtiV 4 wt,4,„ * 40. \,, , City of Chanhassen re 1 1 ♦ �♦40%.* I ii ii �S � ♦ $ i Twilight Trail y \\ City of Chanhassen ;NF V rF(OVVEFZ City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0.125 0.25 Milesm°au_...m..=m._..®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map - Miller Rezoning 2015-16 Address: 7555 W 192nd, Eden Prairie, Minnesota 55346 • ie. •• :. ,. - V .• ,:,K,.-iglif WIN v: A., % _ 1 • .... +1/4 ..• ,,,,• 4'. - ,;.:.,..,.. , ,: _ •I ._ L , :.,.: _qv. )1. ..______ v, : .limila s L iiv „.. . ...„. .,,10„.. .\ "..... .. , . i ... . .. _ . .. • ,.. .,.... .,. • iiki 0. ... ,...,..tc.. .. .iY ,•'.7:•,..: '..::ej: ", 30 1100 44 i v I'a• ,jam 1Hh ;1O14 • gtiee" ; ... 11 .- / . ,. :_ ,.,...,. .... ..., ._ .,,:.:.. . ....1 NIII! - / . . lilt t- -.4" • • • . �_ �. 41 r , AL 44411$111Y.,• Ts.%--.. •••. , ir . • . G - Twilight Trail .,,. k ._ Ir�� ir oi -,: -.*., k . . , . .01 IIIW illir- ' ''''''. . .- 01111111.—').4-1- , ., *1st . 1,2,, . r 40 • y t rT, t" 0,- '• - d .....4; ...,.. ..e.•• ....., •9 .. • . •••'' li. :II 7 ' � �i►. . N * • r.5,i ' 0Ji% ,- .., . . • rIIIIIIf I - • f 6' ii�-l'@'' �,,... e 4 460 Feet September 2, 2015 Narrative For Land Development Application Rezoning of 7555 192nd Ave West, Eden Prairie, MN 55346 from Non-conforming Rural to RI-13.5 Miller Enterprises I,LLC, David and Karen Miller,are requesting rezoning of 7555 192nd Ave West, Eden Prairie, MN 55346 from Non-conforming Rural to RI-13.5. This will bring the property in line with the surrounding neighborhood. Our plan is to build a new single family home on the newly rezoned property. The current single family home will be demolished prior to new construction. We are awaiting final building plans but the new home will be approximately 60 feet wide by 40 feet deep. This will be approximately 40ft off of the city right of way in the front and 30ft off of the nearest property to the east. This includes a 3 car garage and will easily meet the setback requirements for the requested zoning. Please see attached survey with a rough estimate of the home's location. A formal survey will be obtained with the final house plans and submitted with the building permit. Although there are no plans to divide this property into more than one parcel,the location of the home does allow the possibility for division of the property into a second lot. Estimated division is shown on the attached survey. Thanks for your consideration. David and Karen Miller Miller Enterprises I,LLC 7596 Debbie In Eden Prairie, MN,55346 1r LlI51i..-42,Y7 I/9"--71..,.J.f. I..1 Vf IV.iL - ALSO THE ,•--- 1000.90 -� fir'--c, STATE HWY O. 101 / \ { ;" S � -- _ ]O 2e2 ° Y` ARo.o, `-, 8 PV k. RE--• -- C7 f` 4,�- �, yF :12 rr _r r 0 1 4+ . •rri f Z . Y r x f If 1 0 IA 41 a o I rN f� r, )1i o i `. �' • ha * ri E g ' 1 t.1 LII C — } II 8 -' -1 1io -, kL, ,-,-, , cisk,,til,,,,,0 ,,,ir isrs..or, -40.5--N., :t, 6 - r a � I . p 5 ."`4 r yl � r Tho - _ ' R t I r " Ti 32.2 • !! ti I, , A J . cre• li \r,„... F ii- - - 11 }i C -- .�- -- 1 )-o- 3 r Ar -P. `J -tiJ 4 I p k\J+ 'f r` e to b''a 4~ T gw° r ♦ik - - ..I 77111Z ti(Yok 1 t✓ rr 11 D ft }i ce P1 4' \ sa 0 d\ Jr"_/e i]ry\ r�t i 3r' fxT1(I] .' \ 1 ' 4942 Zx b A rf r a. N . i 1 5r1 r ' -; Glwq ! � f �j, � ' gyp. $$ �� 1 > ° n7 1 / . t 0 ma1 - r 8 °E 0)1( (y f�, Cal, C7 Z OZ ,rf S r'--4 o � ° �\ T x . . .. . _ 1 \ To: City of Eden Prairie, City Council From: Gerard Wind, Resident 19129 Twilight Trail Eden Prairie, MN 55346 952-356-9079 Lucktron@comcast.net RE: September 28, 2015 Council Agenda Item Miller Re-zoning Request to Re-zone property at 7555 192nd Ave from Rural to R1-13.5 Dear Council Member and Property owners David and Karen Miller: I received the notice to rezone the 7555 192nd Avenue property from Rural to R1-13.5. I don't have access to the zoning code on- line. However, I assume this is a request to subdivide and increase the housing density on the lot at the NE corner of Hwy 101 North and Twilight Trail. We object to increasing the housing density at the NW corner of Hwy 101 N and Twilight Trail for the following reasons: 1. Hwy 101 N is unsafe in this area due to excess speed (40 MPH) on a sharp turn, un-level roadway, and obstructed views when entering the roadway. 2. Overflow parking from Lotus Lake Boat Launch already park vehicles with boat trailer park on 19100 to 19200 Twilight Trail because the City of Chanhassen has No Parking signs on the residential streets in the boat launch area. 3. Existing Twin homes on 1 91xx Twilight Trail have already routine overnight parking on the street which is not wide enough for bidirectional traffic when cars are parked on the street. 4. Natural beauty of Red Maple and Oak trees on the subject lot exemplify why Eden Prairie is a valued community. 5. I have spoken to 4 of the property owners on 191 xx Twilight Trail. All are opposed to any plan to increase the housing density in this area. The images on the flowing pages from google are being used to demonstrate the five points above. 1. Hwy 101 N. is unsafe. The land is needed for reconstruction. Home ► Eden Prairie News ► Ple•v,s Long-range improvements considered for Highway 101 North Story Comments Print 0 Font Site: ' ; Posted: Friday, November 15r 2013 11:00 am By Richard Crawford editors chanvir]ager.com r % Although traffic on Highway 101 North in \ , Chanhassen has been declining and no state dillik- OU funding is imminent, Chanhassen officials Nov. "2 discussed possible long-range improvements to the roadway between ,' .,. Highway 5 and Pleasant View Road. e AIr l5 ARIL - ` - A More than a decade ago a proposal to construct a four lane road was met with opposition by some residents and the plan V - was set aside. But safe concerns along the corridor have • ' broug it more attention and interest in making improvements, according to a staff report. - In 2012, a pedestrian died attempting to cross Highway 101 at the intersectionof Sandy Hook Road. Looking left from TiwilightTrail going south.Traffic is • -tA'•-1 `--"• o comming at 40 MPH with a short reaction time• 4- highlighted areas to see images , 0 iV i ,Renew �Q`a�e. > Hid O _ _ _ i eImagery v Lookingright(North)from Twili ht ` , g y ', ,. d t k'Trail,the view is limited,traffic is . ar' ir" _ • coming fast, one lane coming out of a curve from the.south and =a.._ • illI it 'R undulating terrain from the north'. i.;;;� ,� pop { -— ? r 'j ti r. micfir"` -�'ti.J i 2 Y - - 4T ) , Click highlighted areas to see images .t F .-M4 r' K' '�;, _ .�. �" - - _1 n Pe Q p sae . .rW� > Elide imagery :I Please do not add more traffic or obstruction. If the land goes from Rural, so should Hwy 101 N. 2. Overflow parking from Lotus Lake Boat Launch already park vehicles with boat trailers on 19100 to 19200 Twilight Trail because the City of Chanhassen has No Parking signs on the residential streets in the boat launch area. 44"52'01.1"N•-- * o •16 South Lotus Lake Park View larger map ~, Kristie � �` Landing Type: Trailer Launch This fills up yti Municipality: really quick on a �� LDS Number of Launch Lanes: 1 Qe"i° atd Launch Surface: holiday. -s-ti*r Launch Depth: Chanhassen has of f Vehicle Stalls: 1S J no parking signs •- of Vehicle/Trailer Stalls: 9 e . Fish Cleaning Area: on their streets CD ABC Kitchen + in the area. So (get driving directions) The Gerggr�u--ist Company • III Goodwill LL7D gle — they come to 15GooTwilight Trail in 02015 Google-Map data @2015 Google Terms of Use g Eden Prairie. • Lotus Lake Boat Launch .. _..,` : �` - ,,- over flow Parking on ter' •'-xt wilight Trail ''' ;`- ! ,fu ... _ vy • . . 0 El 3. Existing Twin homes on 191xx Twilight Trail already have routine overnight parking on the street which is not wide enough for bidirectional traffic when cars are parked on the street. r CISubject Property r I. pia � "- -.. , Y R� Dangerous entrance fl "1 0 _'0 +and e ' 40 MPH Boat Launch " _ Twinhomes with excess = vehicles - street parking a. •, : B, t Tr pa►ic _ �{T ; t 0 '�_ wed - -w T �� 4. The natural beauty of Red Maple and trees on the subject lot exemplify why Eden Prairie is a valued community. Subject Property iiir--,, _`��'�-=- -- ram• _ - �f Y_. „,_ it, ._ , ,. ,.._ , h ik. , _ 41 _ _ ,77.e, a 19200 Top fight Trail- rya : . g Y ti-'; 4 t Y to 1 AO �^ . - w '• Q7 fx -_ y `Y _ - ` ' • - .. 46 Google A, ; - , r •■ - . Please leave the property rural or upgrade Hwy 101 North which would then need the subject property to make the road safe. Thanks for your time from the residence at 19xxx Twilight Trail 0 Mayor Tyra-Lukens: Thank You for your quick response! I did stop in a City Hall today and spoke with Tania Mahtani, Planner. She was very helpful. September 28 is the Planning Commission Meeting. I gained further understanding of the Miller Re-zoning project and the zoning code definitions. I have also been speaking with neighbors in the 191xx Twilight Trail area. We will have a more formal gather in this weekend. Generally, neighbors are ok with a what happens on the subject property. The traffic and safety issues seem more a the common theme. This is the direction we are heading for a petition: 1. Reduce speed on 101 N in area of the curve near Twilight Trail from 40 mph to 30 mph. 2.a Add an acceleration lane on 101 N, going north from Twilight for better visibility and safety. 2.b. Enhance the deceleration lane going north to Twilight 101 N for safety. 3. No Boat Trailer Traffic on Twilight Trail (main road and cul-de-sac) 4. No overnight parking on Twilight Trail main and cul-da-sac more than 2 nights in a row. This is a bidirectional traffic and snow plow issue. I believe there is a law/rule on this now; however, it is not enforced and neighbors hate to be the cop. 5. We wish the Miller property no be more than 2 single family homes density. We live on a narrow road / cul-da-sac with all Twinhomes. The backside to the west (in Chanhassen) is a row of apartments on 101 N. We need to alleviate traffic issues, not add to them. I am also requesting J. Randall Newton, P.E., Assistant City, Engineer, Traffic Engineer to comment on these request, in light of the history of Hwy 101 North in the Twilight Trail Area, and future plans for improvements. I realize action would involve the State of MN, Hennepin County, Carver County, City of Chanhassen, and City of Eden Prairie. However, its better to discuss it now, rather than after an accident or fatality. Nancy, Randall, and Tania, thanks for your valuable time and dedication to the City of Eden Prairie. P.S. I have re-attached the letter for yesterday's e-mail for background. Gerry Wind 19129 Twilight Trail Eden Prairie, MN 55346 952-356-9079 STAFF REPORT TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: September 25, 2015 SUBJECT: Woodspring Signature Suites APPLICANT Titleist Lodging Group, LLC and/or assigns OWNER: Kloeckner Limited Partnership LOCATION: 7544 Marketplace Drive REQUEST: 1. Planned Unit Development District Review with waivers on 1.66 acres 2. Zoning District Change from Office to Regional Service Commercial on 1.66 acres 3. Site Plan Review on 1.66 acres Staff Report—Woodspring Signature Suites September 25, 2015 BACKGROUND The Applicant is Titleist Lodging Group, LLC and/or assigns. The Owner is Kloeckner Limited Partnership. The Comprehensive Guide Plan shows the 1.66 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial. The property is zoned Office. Surrounding zoning is Commercial Regional Service, Office and Industrial (I-2). PROJECT PROPOSAL AND CITY RESPONSE The project request is for a 44,232 square foot, four story, 112 room extended stay hotel with Planned Unit Development Waivers. • June 5, 2015—the Planning Division received a development review application including a narrative letter and full size civil and architectural plans for the Woodspring Signature Suites project from the Applicant. The following PUD waivers were identified in the Project Narrative: o A parking setback from 10 feet to 0 feet along the south property line abutting Highway 494. o A parking setback from 10 feet to 0 feet along the north property line. o An accessory structure setback for a trash enclosure from 35 feet to 6.6 feet along the south property line and from 20 feet to 13.5 feet along the east property line. • June 18, 2015—Staff provided the Applicant a with a comment letter and deemed the project complete. State law allows cities to extend the 60-day review period to a 120-day review period,provided a written notice is given to the applicant. The City provided notice to the Applicant to extend the review period due to required review by other governmental agencies and the required time for city public hearing review. The 120 day review period expires on October 2, 2015. Any extension, beyond 120 days requested by the applicant, must be submitted to the City in writing. The comment letter also highlighted concerns including Floor Area Ratio, off site grading onto MnDOT property, and setbacks for parking. Additional PUD waivers were identified by staff and are listed below: o A parking setback from 35 feet to 0 feet along the south property line abutting Highway 494. o A Floor Area Ratio from 0.40 maximum to 0.61. o A front yard setback from 20 feet to 5 feet for a free standing monument sign. 2 Staff Report—Woodspring Signature Suites September 25, 2015 • July 31, 2015—staff received a reduced size revised site plan and narrative letter from the Applicant. The narrative identified a revised list of PUD waivers based on the plan revisions: o Parking setback from 35 feet to 0 feet along the south property line abutting Highway 494. o Parking setback from 10 feet to 2 feet along the north property line. o Parking stall depth from 19 feet to 18 feet 6 inches. o A Floor Area Ratio from 0.40 maximum to 0.61. o An accessory structure setback for a trash enclosure from 35 feet to 6.6 feet along the south property line and from 20 feet to 13.5 feet along the east property line. • August 11, 2015—Staff provided the following comments to the Applicant based on the original submittal and the amended site plan: 1. Grading is not supported off site on MnDOT right of way according to the MnDOT letter dated June 22, 2015. Staff requested that prior to moving forward the applicant should provide a letter from MnDOT authorizing permission to grade on their property or provide a revised grading plan showing grading onsite. 2. After further analysis and based on the letter provided by MnDOT staff does not support the 0' parking setback along the south property line. In addition, staff does not support the reduced parking setback along the north property line since city code requires planting islands to visually break up expanses of hard surface parking areas, for safe and efficient traffic movement, and to define rows of parking. 3. Staff recommends reducing the square footage of the building to meet the Floor Area Ratio. This should help with the parking design concerns noted above since the parking requirement would be reduced if the number of hotel rooms is reduced. An alternative is to consider underground parking. Staff requested 15 sets of revised full sized plans and a letter extending the review period to December 31, 2015 if the Applicant wished to proceed • August 25, 2015—City Staff received a letter from the Applicant requesting an extension of the 120 day review period from October 2, 2015 to November 18, 2015. • August 26, 2015—a concept site plan and grading plan was submitted via email by the 3 Staff Report—Woodspring Signature Suites September 25, 2015 Applicant. The following revised waiver requests were identified as part of the email: o A parking setback from 35 feet to 10 feet along the south property line abutting Highway 494. o An accessory structure setback for a trash enclosure from 35 feet to 6.6 feet along the south property line and from 20 feet to 13.5 feet along the east property line. o A Floor Area Ratio from 0.40 maximum to 0.59. o A reduction in required parking spaces from 110 to 95 parking spaces. • August 31, 2015—staff provided the Applicant with a comment letter addressing the amended site plan and grading plan. Staff requested additional information regarding the reduction in the parking space request and revised full sized plans to fully evaluate the revised concept plan. • September 8, 2015—the Applicant verbally indicated that the project would be withdrawn. Staff requested a written request to formally withdraw the project. • September 14, 2015—staff sent a letter to the Applicant explaining that the request is an active and complete application that is subject to the 120 day review period allowed by state law which(due to the received written extension) expires on November 18, 2015. The application has not been withdrawn as verbally indicated on September 8th. Because of this, the project has been scheduled for the Monday, September 28, 2015 Planning Commission meeting. Within the September 14th dated letter staff requested from the applicant a response on how they wished to proceed and provided the following options: 1. Submit a revised project narrative,plans, and provide a letter requesting a continuance of the project to the October 12, 2015 Planning Commission meeting by Friday, September 18, 2015. This will allow City staff the opportunity to fully review and evaluate your revised plans and provide time to work the applicant on solutions for the outstanding issues. In addition, staff requested an extension of the 120 day review period to January 31, 2016. Or 2. Provide a withdraw letter to the City by Friday, September 18, 2015 to allow staff the opportunity to notify property owners and the Planning Commission prior to the scheduled meeting on September 28, 2015. 4 Staff Report—Woodspring Signature Suites September 25, 2015 City Staff has attempted to contact the Applicant by postal mail, email and phone, however to date, has been unsuccessful in receiving a response. STAFF RECOMMENDATION Staff recommends denial of the project based on the following Findings: • The Applicant was given the opportunity to extend the review period but has not. • The Applicant verbally indicated that they would withdraw the application but has not provided the request for withdraw in writing. • Revised civil and architectural plans have not been submitted to the City as required by City Code Section 11.03, Subd. 6. Site Plan and Architectural Design Review. • Revised civil or architectural plans have not been submitted to the City as required by City Code Section 11.40. Planned Unit Development(PUD) Concept. • The applicant has not provided requested information regarding joint parking opportunities or a parking analysis in relationship to the parking reduction waiver request as reasonably required by the City as referenced in City Code Sections 11.03 and 11.40. • The owner has submitted an email to the City that purports to cancel the purchase agreement between Titleist Lodging Group, LLC and/or assigns and Kloeckner Limited Partnership. 5 Area Location Map - Woodspring Suites Signature 2015-08 Site Address: 7544 Market Place Drive, Eden Prairie, Minnesota 55344 Valley View Road 4, Q/* o o .• E 0 #14; \� 0 0 \�� SITE Interstate 494 HWY 212 \. _. O 4 -- ;Y D R ___; 4, L q �, , N 01 1 250 1 1 1 1 ,0I., ee 7__..._ y____\ 1 1 Guide Plan Map - Woodspring Suites Signature 2015-08 7544 Market Place Drive, Eden Prairie, MN 55344 Valley View Road - .S °*. 1---—--' ''\--- 11' --\''' IIIIIIIIIE4-1-LXL1j31 °"--- ��� 44/ 0 0 !r�U. 0 ' A. tr Interstate 494 SITE Cit - e ne � d Use Guide 1.- Y ap i 00-2020 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 -23-06 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 Collector 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 ETA ii Y// Office/Industrial Open Water Lift•WORK•DHEAM �� Office/Public/Open Space Right-Of-Way 490 245 M Oogamm�Me mo1.m_o.„®1.o.a, o .,o.. 490 Feet - Industrial Zoning Map - Woodspring Suites Signature 2015-08 7544 Market Place Drive Eden Prairie, MN 55344 II 1 Valley View Road . .• Clr 4,4/1/.9 4 t '.4.1 di -- • *VP .... Oo I , Cr /_ SITE 'C Interstate 494 *. . .-- *\\.-"lqi 1 51:'' ' 444 .4144\ —•10 =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0.1 0.2 Miles .waL_o...m..=..m._..®.I..o.a.,a ..o...zn,..m ,..,,mo, Aerial Map - Woodspring Suites Signature 2015-08 Site Address: 7544 Market Place Drive, Eden Prairie, Minnesota 55344 4...` 7 •ti '{ ` ; Valley View Road \ ***** 4* ' -1144' , .\ _ ........ , er 44/ 0 4 :. ,t\ nrV U �r� o'- '46 )-ik:;.s.' .4k '.... L41.. 0 *Ii°'.. '''4. ' ' \ . 40. SITE - 110 , \a . ,.--- tr-ii [ Interstate 494 :.; - HWY 212 ' _ , * I � • : :t� t 10 .,. . . ii...._,, .7111114Not . ........Thl .YDR _ _ - _ is . ...- 1151151Pr"\ a",, f . , ' . 4L -. - ' 0 i .4•H•R 1,000 Feet M .._ E8°Tgt9 Minnesota Department of Transportation a Metropolitan District Waters Edge Building °Fa 1500 County Road B2 West Roseville, MN 55113 June 22,2015 Ms. Lori Creamer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 SUBJECT: Woodspring Suites MnDOT Review#S15-022 NE of I-494 and US 212 Eden Prairie,Hennepin County Control Section 2785 Dear Ms. Creamer: The Minnesota Department of Transportation(MnDOT) has reviewed the Woodspring Suites site plan and has the following comments: Water Resources: A drainage permit is required. The proposed development will need to maintain or reduce existing drainage rates to MnDOT right of way. The project developer will need to submit the most current construction plans and existing/proposed hydraulic computations for the 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting MnDOT right of way will be perpetuated. The Drainage permit application can be found at: http://www.dot.state.mn.us/utility/forms.html-Application for Drainage Permit A drainage permit checklist that is attached to this review letter can also be found at: http://ihub/metro/wre/Link%20Files/Drainage%20Permit%20Applications%20Checklist.pdf The checklist provides more information about the requirements associated with the submittal of a MnDOT Drainage permit application. For questions regards these comments, contact Tahsina Alam,Metro Water Resources, at tahsina.alam@state.mn.us or 651-234-7541. Design: The proposed retaining wall is located on the property line. Submit plans and cross sections of the wall in relationship to US 212 showing the wall on private property.No part of the wall or the wall support system can be on MnDOT property. Show the erosion control measures. Grading will not be allowed on MnDOT,therefore the plans much show the silt fence on private property. For questions concerning these comments,please contact Nancy Jacobson, 651-234-7647 or Nancy.L.Jacobson@state.mn.us, in MnDOT Metro District's Design Section. Permits: No material should be removed from I-494 or US 212. Besides a drainage permit a Short Form (#1723)may be required.Because this is an interstate corridor, impacts to I-494 should be minimal. Permit forms are available from MnDOT's utility website at http://www.dot.state.mn.us/metro/maintenance/permits.html Please direct any questions regarding these comments to Buck Craig(buck.craig@state.mn.us or 651-234-7911)of MnDOT's Metro Permits Section. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent electronically can usually be turned around faster. There are four submittal options: 1. One(1) electronic pdf version of the plans. MnDOT accepts plans via e-mail at metrodevreviews.dot@state.mn.us provided that each separate e-mail is less than 20 megabytes. 2. Three(3) sets of full size plans. Submitting seven(7) sets of full size plans will expedite the review process. Plans can be sent to: MnDOT-Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville,MN 55113 3. One(1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Send files to: ftp://ftp2.dot.state.mn.us/pub/incoming/MetroWatersEdge/Planning. Internet Explorer may not work using ftp;use an FTP Client or your Windows Explorer(My Computer). Email metrodevreviews.dot@state.mn.us indicating the plans have been submitted on the FTP site. If you have any questions concerning this review,please contact me at(651)234-7793. Sincerely, f7747dietteitr i (0-fitf-/°— Michael J. Corbett,PE Senior Planner Attachment: Drainage Permit Checklist.pdf Copy sent via E-Mail: Buck Craig,Permits Nancy Jacobson,Design Tahsina Alam,Water Resources Douglas Nelson,Right-of-Way Andrew Lutaya,Area Engineer Chad Erickson, Traffic Clare Lackey,Traffic Russ Owen,Metropolitan Council O0 INFORMATION MEMO LEA N J OTA UE OF The "60-Day Rule": Minnesota's CITIES Automatic Approval Law Learn the elements of Minnesota Statute Section 15.99, which requires municipalities to approve or deny written requests relating to zoning within 60 days. Failure to do so results in automatic approval of the request. Understand the law's rules and exceptions to stay in control of zoning-related activities. RELEVANT LINKS: I. Zoning request timeline Minn.Stat.§ 15.99. During 1995, Minnesota joined about two dozen states in adopting an "automatic approval" statute. That statute provides that a municipality must approve or deny a written request relating to zoning within 60 days or it is deemed approved. Mane°of Fairmont,Mc.°. According to the Minnesota Court of Appeals, "the underlying purpose of T°Nn Bd.of Rock Dell Twp., 583 N.W.2d 293,296(Minn. Minn. Stat. Sec. 15.99 is to keep governmental agencies from taking too Ct.App.1998). long in deciding land use issues . . ." Courts have generally demanded strict compliance with the requirements of the law.Accordingly,the law has resulted in numerous lawsuits against local governments. A. General rule Minn.Stat.§ 15.99,subd. The general rule states that the"Failure of[a municipality] to deny a request 3(c). within 60 days is approval of the request." The statute also requires that"a [municipality's] response meets the 60-day time limit if the [municipality] can document that the response was sent within 60 days of receipt of the written request." B. Statutory exceptions The statute contains the following four exceptions: • The 60-day time period does not begin to run if the city notifies the landowner in writing within 15 business days that the application is incomplete. The city must also state what information is missing. (The 2003 Legislature increased the period from 10 to 15 days). • The city may extend the initial 60-day period by another 60 days (up to a total of 120 days), if, before the end of the initial 60-day period, it notifies the landowner in writing of its intent to take additional time to consider the application,reasons for the extension, and anticipated length of the extension. This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations. 145 University Ave.West www.lmc.org 2/11/2014 Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 ©2014 All Rights Reserved RELEVANT LINKS: • The 60-day time period is stopped, while other necessary state or federal approvals are being sought. • The 60-day time period does not apply to applications for subdivision approval. (The subdivision statute, Minn. Stat. § 462.358, subd. 3b, provides its own time periods of 120 days for preliminary plat approval and 60 days for final plat approval). II. Elements of the law A. Written request What constitutes a "written request"has been the subject of several court decisions. For instance, it has been argued that a request submitted on the back of a napkin was enough to start the clock. The courts also have found that submission of a request in a letter or as part of a settlement proposal 2003 Minn.Laws ch.41. may be enough to start the time running. The 2003 legislature clarified the law in this regard by defining a written request as a submission on a city approved application form, or if there is no form, submission in writing with the specific governmental approval sought listed on the first page of the document. B. Incomplete applications If the city receives an application that does not include all the city required information,the clock does not begin to run, if within 15 days of receipt of See Sample Forms and the application, the city informs the applicant in writing that the application Letters for 60-Day Rule. is incomplete and what information is missing. (This timeframe was increased by the 2003 Legislature from 10 to 15 days). Therefore,the city should give some thought to being clear about exactly what information it requires for various types of land use applications. The city may want to consider developing a checklist and reviewing its zoning ordinances to make explicit what items are required. This will not only help the applicant, but will act as a sort of fail-safe mechanism for city staff who need to thoroughly evaluate applications within the first 15 days. C. Scope of statute Minn.Stat.§15.99,subd.2. It is useful to look at the precise wording of the statute—to see that the statute, on its face, covers much more than just requests "relating to zoning." It says: "Except as otherwise provided in this section, section 462.358, subd. 3b, or 473.175, or chapter 505, and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems,watershed district review, soil and water conservation district review, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action." League of Minnesota Cities Information Memo: 2/11/2014 The"60-Day Rule":Minnesota's Automatic Approval Law Page 2 RELEVANT LINKS: The courts have been rather expansive in their interpretation of the phrase "relating to zoning." While it seems clear the language includes requests for conditional use permits,variances and rezoning, courts have also found the law applicable to requests for sign permits, wetlands determination review, and road permits. In short, almost all requests affecting the use of land have been treated as subject to the law. Subdivision and plat approvals are an exception, since those processes are subject to their own timeframes. Advantage capirarMg,,,r,v. In 2003, the Minnesota Court of Appeals held that the rule does not apply to City of Northfield,664 applications for building permits issued pursuant to the State Building Code N.W.2d 421(Minn.Ct.App. because the code regulates the construction process not the use of land. In 2003). 2013, the Minnesota Supreme Court held that the rule applied to a heritage Min LLC v.eapoli city of preservation certificate, stating: "[T]he phrase 'a written request relating to Minneapolis.837 N.W.2d 287(Minn.2013). zoning' is unambiguous and refers to a written request that has a connection, association, or logical relationship to the regulation of building development or the uses of property." D. Failure to deny a request in 60 days Failure of a city to deny a written request within the statutory time period results in automatic approval of the request. Automatic approval can be a harsh penalty. Examples of requests that automatically were approved because the city failed to timely deny the request include a request for a permit to operate a landfill, a request for a permit to build a telecommunications tower, and a request for a permit to install electrical transmission lines. Failing to deny a request within the statutory time period can have severe consequences. 1. What constitutes denial There have been a number of court decisions on the question of what constitutes denial of a request. In most situations,the courts have required that the city council actually pass a resolution or motion denying the request. Demolition Landfill Servs.v. In fact,the Minnesota Court of Appeals went so far as to find that an City of Duluth,609 N.w.2d unsuccessful motion to approve was not the equivalent of a denial. That 278(Minn.Ct.App.2000). decision was overturned by the 2003 Legislature, which amended the law to provide that a motion to approve which fails is the equivalent of a denial, as long as those voting against the motion state, on the record, the reasons for denying the request. The courts also have required a formal motion to deny approval even when a city has a moratorium in place that would otherwise prohibit the proposed application. Along with the denial motion, the law requires that the city adopt written findings supporting denial. The law states: "If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under this section." League of Minnesota Cities Information Memo: 2/11/2014 The"60-Day Rule":Minnesota's Automatic Approval Law Page 3 RELEVANT LINKS: The law also requires that the: "Written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption." In 2007,the Supreme Court of Minnesota held that failure to provide the Hans Hagen Homes,Inc.v. City of Alinnetrista,728 applicant with the written reasons for denial of a request within the 60-day N.W.2d 536(Minn.2007). period did not result in automatic approval because the law's requirement to provide the applicant with written reasons was only directory and not mandatory. Then in 2010,the Supreme Court of Minnesota went a step Johnson v.Cook County, 786 N.W.2d 291(Minn. further and held that the law's requirement that the council adopt "written- 2010). reasons" for a denial was directory, not mandatory. Therefore,where a municipality denied a written request relating to zoning within the time period provided for by the law, but failed to provide written reasons for denying the request,the request was not automatically approved under Minn. Stat. § 15.99. However, the Court also cautioned that while failure to provide written reasons for the denial did not result in automatic approval under Minn. Stat. § 15.99, it could still result in the reviewing court overturning the denial because it was deprived of the record necessary to uphold the city's decision. In other words, even though a city's failure to provide contemporaneous written reasons for denying the request may not result in automatic approval of the request,the city must still state legally sufficient reasons for denying the request or the court may not sustain the decision. 1 2. Internal appeals The statutory time period runs until there is a final approval or denial of a request. There is not a final approval or denial until all internal appeals processes have been resolved. As a result,the city must structure any internal appeals process so all appeals are resolved within the statutory time period. E. Extensions of time 1. 60-day extension The law allows a city the opportunity to give itself an additional 60 days to consider an application, if the city follows specific statutory requirements. In order to avail itself of an additional 60 days,the city must provide the landowner a written notification within the initial 60-day period that details: See Sample Forms and • The reasons for extension. Letters for 60-Day Rule. • The anticipated length of the extension. League of Minnesota Cities Information Memo: 2/11/2014 The"60-Day Rule":Minnesota's Automatic Approval Law Page 4 RELEVANT LINKS: American Tower v.City of The courts have been particularly demanding on local governments with Grant,636 N.W.2d 309 regard to this requirement. They have required local governments to meet (Minn.2001). each element of the statute. Oral notice or an oral agreement to extend is insufficient. However, extending the time period"to take an additional 60 days to make a decision on an application"has been held to be a sufficient written reason for an extension. 2. 120-day extension A city only can go beyond 120 days if it gets the approval of the applicant. Either the city must initiate the request in writing and have the applicant agree to it in writing, or the applicant by written request may ask for an extension. Otherwise, the city must act on the request within the designated timeframe.Again, the courts have demanded strict compliance with the statutory requirements. Accordingly, oral representations or actions by the applicant should not be treated as justification for delaying action on a permit. III. Further assistance Jed Burkett LMCIT offers land use consultations trainingand information to members. 651.281.1247 ' jburkett@lmc.org Contact the League's Loss Control Land Use Attorney for assistance. You can also learn more about land use issues in the land use section of the League of Minnesota Cities. League's website. When dealing with particular issues, it is also important to seek specific legal advice from your own city attorney. 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AUG 2 6 2015 71 p a 11 — M a 4. . a - City of Eden Prairie '1\.... - -- ---- . --° f PROPERTY �,. / �.p I LINE o PROPOSED RETAINING WALL ;; N . co Min ,r c-. r r PROPERTY' � �" __ __ ./ ,-SINE - - .. _.- ___ __ . 60 NiT 11.` I. LT' aa Z. Date 8/26/15 sheet 1 OF 1 yq -_�T ...- J, -,, � -�._� Y 1\.1 � � - � _ 0005603 Retaining Walland D d e aining a rain age. wg •' . • ® . Suites • • ry for: • Retaining Wall and Phone (952)937-5150 7699 Anagram Drive" �.velo-'a �'.�.: Drainage Gra Fax (952)937-5822 Eden Prairie,MN 55344 Dre • 125 North Emporia, Suite 202 5S er 04..771 ma Free (888)937-5150 westwoodps.com Westwood Profesionai Serves Inc Drawing bs/daft Wichita, KS 67202 Eden Prairie, Minnesota Exhibit A PROJECT PROFILE - SEPTEMBER 28, 2015 PLANNING COMMISSION - SEPTEMBER 28, 2015 1. MILLER REZONING (2015-16)by David and Karen Miller (TANIA) Proposal to rezone property from Rural to RI-13.5 Location: 7555 192nd Ave W Contact: David Miller—952-934-3305 Request for: • Zoning District Change from Rural to R1-13.5 Application Info Planning Commission City Council Date Submitted 09/02//15 Notice to Paper Date Notice to Paper Date Date Complete 09/02/15 Resident Notice Date Resident Notice Date 120 Day Deadline 01/07/15 Meeting Date 1st Meeting Date Initial DRC review 00/00/15 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 Ellis, 316-260-9088 Request for: • Planned Unit Development District Review with waivers on 1.66 acres • Zoning District Change from Office to Commercial Regional Service 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 06/05/15 Resident Notice Date Resident Notice Date I 120 Day Deadline 11/18/15 Meeting Date 1st Meeting Date Initial DRC review 06/11/15 2nd Meeting Date 1 CITY COUNCIL PUBLIC HEARING - OCTOBER 6, 2015 1. EDEN PRAIRIE RETAIL (2015-10)by EP Equities, LLC (JULIE) Proposal for construction of a single story retail building Location: 590 Prairie Center Drive Contact: Hector Vinas, 954-499-8663 x231 Request for: • Planned Unit Development Concept Review on 0.8 acres • Planned Unit Development District Review with waivers on 0.8 acres • Zoning District Amendment within the Commercial-Regional-Services District on 0.8 acres • Site Plan Review on 0.8 acres Application Info Planning Commission City Council Date Submitted _ 06/19/15 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 06/25/15 2nd Meeting Date 2. BURGER KING(2015-14)by Paul Dahl Associates, Inc. (STEVE) Proposal for exterior remodel and landscape Location: 16345 West 78th Street, Eden Prairie, MN Contact: Paul Dahl—952-512-9551 Request for: • Site Plan Review on 1.34 acres Application Info Planning Commission City Council Date Submitted 07/30/15 Notice to Paper Date Notice to Paper Date Date Complete 00/00/15 Resident Notice Date Resident Notice Date 120 Day Deadline 11/26/15 Meeting Date 1st Meeting Date Initial DRC review 08/06/15 2nd Meeting Date 2 CITY COUNCIL CONSENT - OCTOBER 6, 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 10/16/15 Meeting Date 4/27/15 1st Meeting Date 5/19/15 Initial DRC review 01/22/15 2nd Meeting Date 2. 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 07/02/15 Resident Notice Date Resident Notice Date 120 Day Deadline 10/30/15 Meeting Date 8/10/15 1st Meeting Date Initial DRC review 06/11/15 2nd Meeting Date 3 3. ATTACHMENT/DETACHMENT PID: 36-117-22-33-0015 (2015-11)by Told Development Company(JULIE) Proposal to detach PID from City of Minnetonka and attach PID to City of Eden Prairie Location: North of 11190 62nd St West Contact: Trent Mayberry, 952-278-0112 Application Info Planning Commission City Council Date Submitted 06/26/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline 10/26/15 Meeting Date 1st Meeting Date Initial DRC review 07/02/15 2nd Meeting Date 4. SHOPS AT SOUTHWEST STATION (2015-06)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 7/2/15 Date Complete 05/08/15 Resident Notice Date 6/5/15 Resident Notice Date 7/2/15 120 Day Deadline 10/31/15 Meeting Date 6/22/15 1st Meeting Date 7/14/15 Initial DRC review 2nd Meeting Date 4 5. 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 N/A Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline N/A Meeting Date NA/ 1st Meeting Date 10-06-15 Initial DRC review 2nd Meeting Date N/A PLANNING COMMISSION - OCTOBER 12, 2015 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 CONSERVATION COMMISSION - OCTOBER 13, 2015 HERITAGE PRESERVATION COMMISSION - OCT. 19, 2015 1. DORENKEMPER SITE NOMINATION—PUBLIC HEARING Public hearing for local site nomination of the Dorenkemper House. Location: 9180 Riley Lake Road Contact: Lori Creamer, 952-949-8481 5 CITY COUNCIL CONSENT - OCTOBER 20, 2015 1. DRAFT TOD ORDINANCE (REGINA) Public hearing to adopt the draft TOD ordinance. Contact: Regina Dean, 952-949-8490 Application Info Planning Commission City Council Date Submitted N/A Notice to Paper Date 6-24-15 Notice to Paper Date 8-6-15 Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline N/A Meeting Date 7-13-15 1st Meeting Date 8-18-15 Initial DRC review N/A 2nd Meeting Date IN BUT NOT SCHEDULED 1. EDEN PRAIRIE CENTER(2015-12)by Eden Prairie Center(JULIE) Proposal for landscaping improvements Location: 8251 Flying Cloud Drive Contact: Nancy Litwin, 952-525-2152 Request for: • Planned Unit Development District Review on 35.32 acres Application Info Planning Commission City Council Date Submitted 07/02/15 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 07/09/15 2nd Meeting Date 6 2. HAMPTON INN (2015-15)by Cities Edge Architects (JULIE) Proposal to develop a 5 story, 105 guest room Hampton Inn Location: 11825 Technology Drive Contact: Kevin Hanson—320-235-7775 Request for: • Planned Unit Development Concept Review on 1.7 acres • Planned Unit Development District Review with waivers on 1.7 acres • Zoning District Change from Commercial Regional Service (Com-Reg-Ser) to Town Center Commercial (TC-C) • Site Plan Review on 1.7 acres Application Info Planning Commission City Council Date Submitted 08/12/15 Notice to Paper Date Notice to Paper Date Date Complete 00/00/15 Resident Notice Date Resident Notice Date 120 Day Deadline 00/00/15 Meeting Date 1st Meeting Date Initial DRC review 00/00/15 2nd Meeting Date 3. EDEN PRAIRIE SENIOR LIVING(2015-17)by Kaas Wilson Architects (REGINA) Proposal to develop a 3 story, 120 unit senior housing and assisted living project Location: 10220, 10240 & 10280 Hennepin Town Road Contact: Link Wilson—612-879-6000 Request for: • Guide Plan Change from Low Density Residential and Office to High Density Residential on 3.11 acres. • Planned Unit Development Concept Review on 3.11 acres • Planned Unit Development District Review with waivers on 3.11 acres • Zoning District Change from Rural and Office to RM-2.5 on 3.11 acres • Site Plan Review on 3.11 acres • Preliminary Plat of five lots into one lot on 3.11 acres Application Info Planning Commission City Council Date Submitted 09/11/15 Notice to Paper Date Notice to Paper Date Date Complete 00/00/15 Resident Notice Date Resident Notice Date 120 Day Deadline 00/00/15 Meeting Date 1st Meeting Date Initial DRC review 00/00/15 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 Meeting Date N.A tSt Meeting Date N/A Initial DRC review 2nd Meeting Date N/A File#2015-08TM by Verizon Wireless (c/o—Amy Dresch Jacobs Telecommunication)—Contact— Amy Dresch 612-802-0452Mobile. Reviewed by Steve Durham (Approved 00-00-15) Review time?Days Request: Small Cell Pilot project at City Center. Placement of small antenna on City Center roof to improve telecommunication reception to Police Department in parking lot. —Complete as of 00-00-15 Location: 8080 Mitchell Road, Eden Prairie, MN Application Info (2015-08TM) Planning Commission City Council Date Submitted 09-14-15 Notice to Paper N/A Notice to Paper Date N/A Date Complete 00-00-15 Date Resident Notice Date N/A 90 Day Deadline 12-13-15 Resident Notice N/A 1st Meeting Date N/A Initial DRC 09-17-15 Date 2nd Meeting Date N/A review Meeting Date N.A File#2015-09TM by Verizon Wireless (c/o—Amy Dresch Jacobs Telecommunication)—Contact— Amy Dresch 612-802-0452Mobile. Reviewed by Steve Durham (Approved 00-00-15) Review time?Days Request: Small Cell Pilot project at City Center. Placement of small antenna on City Center roof to improve telecommunication reception to Police Department in parking lot. —Complete as of 00-00-15 Location: 8080 Mitchell Road, Eden Prairie, MN Application Info (2015-05TM) Planning Commission City Council Date Submitted 09-14-15 Notice to Paper N/A Notice to Paper Date N/A _ Date Complete 00-00-15 Date Resident Notice Date N/A 90 Day Deadline 12-13-15 Resident Notice N/A 1st Meeting Date N/A Initial DRC 09-17--15 Date 2nd Meeting Date N/A review Meeting Date N.A 8