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HomeMy WebLinkAboutPlanning Commission - 08/08/2016 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, August 8, 2016, 7:00 P.M. PLANNING COMMISSION MEMBERS: John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Tom Poul 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 July 11, 2016 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CEDAR RIDGE ELEMENTARY SCHOOL Location: 8905 Braxton Drive Request for: • Zoning District Change from Rural to Public on 23.19 acres • Variance to exceed the 30 foot maximum height requirement for the existing structure. B. OAK POINT ELEMENTARY SCHOOL Location: 13400 Staring Lake Parkway Request for: • Zoning District Change from Rural to Public on 23.05 acres • Variance to address the existing setback requirements. C. EDEN LAKE ELEMENTARY SCHOOL Location: 12000 Anderson Lakes Parkway Request for: • Zoning District Change from Rural to Public on 23.46 acres • Variance to address the existing setback requirements. D. FOREST HILLS ELEMENTARY SCHOOL Location: 13708 Holly Lane Request for: • Zoning District Change from Rural to Public on 28.31 acres • Variance to address the existing setback requirements. E. HENNEPIN TECHNICAL COLLEGE 13100 College View Drive Request for: • Zoning District Change from Rural to Public on 104.38 acres • Variance to address the existing setback requirements. VII. PLANNERS’ REPORT VIII. MEMBERS’ REPORTS 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, August 8, 2016 ___________________________________________________________________________________________ MONDAY, August 8, 2016 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 Planning Commission minutes: A. PLANNING COMMISSION MEETING HELD MONDAY, July 11, 2016 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CEDAR RIDGE ELEMENTARY SCHOOL Location: 8905 Braxton Drive Request for: • Zoning District Change from Rural to Public on 23.19 acres • Variance to exceed the 30 foot maximum height requirement for the existing structure. The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Due to revisions to the City Code in 2010, schools unintentionally became a non- conforming use. Staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. The Commission is asked ANNOTATED AGENDA August 8, 2016 Page 2 to review a request to rezone the property from Rural district to Public district. The Comprehensive Plan guides this property for Public use. Staff is also recommending the Planning Commission approve a variance for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing height of the building. The recommended variance would apply only to the existing conditions. Site Specific variance requests: The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public district has a maximum building height of 30 feet, so staff is recommending approval of a variance to allow the existing condition in order for the site to maintain its conforming status. It appears that the tallest portion of the building (at the northwest corner) is approximately 37 ft. tall or greater. City Code currently allows a maximum height of 30 ft. for the main structures in the Public District. No setback variances are necessary for this site. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 1: Move to recommend approval of the Zoning District Change from Rural to Public on 23.19 acres and Final Order 2016-06 based on the information included in the staff report dated August 3, 2016. B. OAK POINT ELEMENTARY SCHOOL Location: 13400 Staring Lake Parkway Request for: • Zoning District Change from Rural to Public on 23.05 acres • Variance to address the existing setback requirements The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Due to revisions to the City Code in 2010, schools unintentionally became a non- conforming use. Staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. ANNOTATED AGENDA August 8, 2016 Page 3 The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. The Commission is asked to review a request to rezone the property from Rural district to Public district. The Comprehensive Plan guides this property for Public use. Staff is also recommending the Planning Commission approve a variance for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. The recommended variance would apply only to the existing conditions. Site Specific variance requests: This site will require a setback variance for the existing parking lot. It appears that the closest portion of the parking lot (at the northwest corner) has an approximate setback of 46 ft. along the west/front lot line (along Staring Lake Parkway) and approximately 48 ft. along the north/front lot line (along Anderson Lakes Parkway). All other existing parking lot and building setbacks meet the requirements of the City Code. City Code currently requires that parking lots meet the required front yard setback. The front yard setback in the Public District is 50 ft. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 1: Move to recommend approval of the Zoning District Change from Rural to Public on 23.05 acres and Final Order 2016-07 based on the information included in the staff report dated August 3, 2016. C. EDEN LAKE ELEMENTARY SCHOOL Location: 12000 Anderson Lakes Parkway Request for: • Zoning District Change from Rural to Public on 23.46 acres • Variance to address the existing setback requirements The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Due to revisions to the City Code in 2010, schools unintentionally became a non- conforming use. Staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. ANNOTATED AGENDA August 8, 2016 Page 4 The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. The Commission is asked to review a request to rezone the property from Rural district to Public district. The Comprehensive Plan guides this property for Public use. Staff is also recommending the Planning Commission approve a variance for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing height of the building. The recommended variance would apply only to the existing conditions. Site Specific variance requests: The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public district has a maximum building height of 30 feet, so staff is recommending approval of a variance to allow the existing condition in order for the site to maintain its conforming status. It appears that the tallest portion of the existing building (at the northwest corner) is approximately 36 feet or greater. City Code currently allows a maximum height of 30 ft. for the main structures in the Public District. In regards to the setback variance, it appears that the closest portion of the parking lot at the south side/front lot line of the property (along Anderson Lakes Parkway) is approximately 34 ft. and at 0 ft. setback along the east/side lot line of the property. City Code currently requires a minimum yard setback of 50 ft. from the front and 10 ft. from the side lot line of the property. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 1: Move to recommend approval of the Zoning District Change from Rural to Public on 23.46 acres and Final Order 2016-08 based on the information included in the staff report dated August 3, 2016. D. FOREST HILLS ELEMENTARY SCHOOL Location: 13708 Holly Road Request for: • Zoning District Change from Rural to Public on 28.31 acres • Variance to address the existing setback requirements ANNOTATED AGENDA August 8, 2016 Page 5 The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Due to revisions to the City Code in 2010, schools unintentionally became a non- conforming use. Staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. The Commission is asked to review a request to rezone the property from Rural district to Public district. The Comprehensive Plan guides this property for Public use. Staff is also recommending the Planning Commission approve a variance for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. The recommended variance would apply only to the existing conditions. Site Specific variance requests: This site will require a setback variance for the existing building and parking lot. It appears that the closest portion of the parking lot (at the northwest corner) has a 0 ft. setback from both the west/side lot line and from the north/front lot line of the property. As for the existing building, it currently does not meet any of the setback requirements. The building currently has a 0 ft. setback from both the west and east side lot lines of the property, and an approximate setback of 34 ft. from both the north/front and rear/south lot lines of the property. City Code currently requires a building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District. City Code also requires a parking lot setback of 50 ft. from the front lot line and a 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 1: Move to recommend approval of the Zoning District Change from Rural to Public on 28.31 acres and Final Order 2016-09 based on the information included in the staff report dated August 3, 2016. E. HENNEPIN TECHNICAL COLLEGE Location: 13100 College View Drive ANNOTATED AGENDA August 8, 2016 Page 6 Request for: • Zoning District Change from Rural to Public on 104.38 acres • Variance to address the existing setback requirements The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Due to revisions to the City Code in 2010, schools unintentionally became a non- conforming use. Staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. The Commission is asked to review a request to rezone the property from Rural district to Public district. The Comprehensive Plan guides this property for Public use. Staff is also recommending the Planning Commission approve a variance for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. The recommended variance would apply only to the existing conditions. Site Specific variance requests: The existing buildings and parking lots cross over the three lot lines of the properties that the Hennepin Technical College campus site occupies. This essentially means that there is an existing setback of 0 feet from various lot lines. There are also other reduced setbacks from the front, side, and rear lot lines of the properties that are not depicted in the aerial image above. City Code currently requires a building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District. City Code also requires a parking lot setback of 50 ft. from the front lot line and a 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 1: Move to recommend approval of the Zoning District Change from Rural to Public on 104.38 acres and Final Order 2016-10 based on the information included in the staff report dated August 3, 2016. ANNOTATED AGENDA August 8, 2016 Page 7 VIII. PLANNERS’ REPORT IX. MEMBERS’ REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 11, 2016 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, Mark Freiberg, Tom Poul CITY STAFF: 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 Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Weber were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Pieper, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 27, 2016 Farr recommended adding staff commentary on the Whitetail Bluff hearing in which he asked for staffs response to potential homeowners when they would call to inquire about potential adjacent development. MOTION: Higgins moved, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT Request to: PLANNING COMMISSION MINUTES July 11, 2016 Page 2 • Amend the City Code Chapter 11, Section 11.35 to add schools as permitted use in the Public Zoning District. Klima said that prior to 2010; the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities. Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Staff is proposing to resolve the issue with a two-step approach. The first step is to amend Section 11.35, Public Zoning District to include schools as a permitted use. The second step is to initiate rezoning of the Rural properties to Public, bringing those properties into compliance with the Comprehensive Plan. Staff is working with representatives of ISD 272 and Hennepin Tech to facilitate the rezoning requests and expects those will be coming up in future meetings. Staff recommends approval of the amendment change. Wuttke asked in regards to infrastructure, what would City buildings be zoned. Klima said the City Center is zoned industrial. Wuttke asked if the City buildings would be under phase 2 or 3 and Klima responded they would. Wuttke asked if private charter schools would fall under this code amendment. Klima stated they would because they are funded through the State. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Pieper moved, seconded by Higgins, to close the public hearing. Motion carried 7-0. MOTION: Pieper moved, seconded by Higgins, to recommend approval of amending the City Code Chapter 11, Section 11.35 to add schools as a permitted use in the Public Zoning District and to add the definition of schools as noted in the staff report dated July 6, 2016. Motion carried 7-0. VII. PLANNERS’ REPORT A. TEMPORARY HOUSING OPT-OUT Request to: • Make a recommendation to the City Council to amend the City Code to opt out of Minnesota Statute 462.3593 PLANNING COMMISSION MINUTES July 11, 2016 Page 3 Klima stated in May 2016, the Minnesota Legislature passed legislation to allow for local governments to begin issuing a new type of permit to allow certain types of recreational vehicles, modular or manufactured housing as temporary dwellings. This statute is intended to allow for transitional housing for seniors. The law allows municipalities to issue permits allowing seniors that require assistance with 2 or more instrumental activities of daily life to stay in temporary dwellings located on a yard or driveway for 6 months with an option to extend the permit for 6 months. Currently, the City Code does not permit temporary dwellings. Municipalities may choose to opt out of the program by passing an ordinance affirming the opt-out option prior to September 1, 2016. If the City chooses not to opt out, the statue requires the City to issue permits to qualified applications starting September 1, 2016. The City would have 15 days (no extension) to make a decision on granting the permit and waives the public hearing requirement. Staff is proposing to add a section to the zoning ordinance that states the City of Eden Prairie is opting out of the statute allowing temporary dwelling units. City Code requires the Planning Commission provide a recommendation to the City Council on amendments to the zoning chapter. Staff recommendation is to have the Commission recommend to the City Council that City Code be amended to opt out of the temporary dwelling legislation of Minnesota Statues Section 462.35.93. Farr said he has some moral problems with this because these dwellings are becoming more popular with the elderly and younger generations. After reading the statute, he stated he did not see recreation vehicles listed. Farr also commented he toured a micro home at the State Fair and the problem he has with this is that he feels we are eliminating options to the residents without substitutions. He would like to know when the State Statute came about and what other communities are doing with this. Klima said in regards to other communities, she has not heard of any communities that are choosing to opt-in. Klima said our code does not currently allow for this but in the future the City could take a more comprehensive look at this and this could be revised in the future. Wuttke said he did not see anything either in the statute about recreational vehicles and commented it seems like a stream line request. He also said he was disturbed because at which point do we want the state to supersede us and has Staff thought about this concept for the future without the state’s overreach. Klima said Staff has not had a conversation in regards to this. There are broader issues in regards to this that would have to be addressed before the September deadline, such as setbacks and utility issues. Wuttke said he would like to see Eden Prairie do its own due diligence and come up with their own language. Chair Stoltz asked the Commission Members what they would like to recommend to the City Council. Pieper said he would like more information on this. Wuttke asked what the time line for the City Council would be. Klima said the first reading is scheduled for July 19th and the second reading wouldpresumably be on August 16th. Wuttke stated he would like more information on this. PLANNING COMMISSION MINUTES July 11, 2016 Page 4 Farr asked how many lots in Eden Prairie this would affect. He also asked if a renter has the same rights as a single family owner. Farr commented he does not see a lot of vehicles getting into a backyard and sees this as a driveway issue. Klima stated some additional concerns were brought up at the Staff level. Some of these had to do with language in regards to the temporary permits issued for these. Wuttke said he read the maximum size for these units would be 300 square feet. Poul said he supports opting out. He asked if there is a need in Eden Prairie to do this and if there is, we should be looking into this more deeply. He also asked if there is a practical piece to having these in winter. Klima commented staff has not received requests for housing of these types of units. Farr stated the commission could establish a position statement focusing on the concept stating that the City supports the people of all ages in Eden Prairie. He also said if we opt out tonight we are consistent with our ordinance. Chair Stoltz asked if the Commission Members were okay with approving to opt out. All members were in approval of opting out. Chair Stoltz commented they do not want to exclude senior citizens from this and would like more information from the City and State to make recommendations for further discussion on this. Klima stated she would add that to the report to the City Council. Wuttke stated it would be beneficial to create our own language versus going with the State’s language. MOTION: Higgins moved, seconded by Farr, to move to recommend to the City Council that City Code be amended to opt out of the temporary dwelling legislation of Minnesota Statutes Section 462.3593 as noted in the staff report dated July 6, 2016. Motion carried 7-0. B. JULY 25, 2016 PLANNING COMMISSION MEETING Klima stated the Planning Commission meeting for July 25th, 2016 has been cancelled. VIII. MEMBERS’ REPORT Wuttke made a comment he heard from the business and residential community regarding park improvements at Round Lake and wanted to address some concerns. Wuttke suggested the residents with questions or concerns contact Matt Bourne, Parks & Natural Resources Manager. IX. CONTINUING BUSINESS PLANNING COMMISSION MINUTES July 11, 2016 Page 5 X. NEW BUSINESS XI. ADJOURNMENT MOTION: Pieper moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:37p.m. STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 3, 2016 PROJECT: Eden Prairie Schools – Rezoning & Variance LOCATION: Cedar Ridge Elementary School – 8905 Braxton Drive APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to exceed the 30 ft. maximum building height requirement for the existing structure BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Prior to 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as “those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities.” Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The definition of “public infrastructure” was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report – Rezoning & Variance # 2016-06 – Cedar Ridge Elementary School August 3, 2016 Page 2 of 3 ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variance(s): Subsequently staff is recommending the Planning Commission approve a variance for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing height of the building. The recommended variance would apply only to the existing conditions. Cedar Ridge Elementary School – Existing Building Height (NW corner) The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public district has a maximum building height of 30 feet, so staff is recommending approval of a variance to allow the existing condition in order for the site to maintain its conforming status. Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. It appears that the tallest portion of the building (at the northwest corner) is approximately 37 ft. tall or greater. City Code currently allows a maximum height of 30 ft. for the main structures in the Public District. No setback variances are necessary for this site. VARIANCE REQUEST 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 Staff Report – Rezoning & Variance # 2016-06 – Cedar Ridge Elementary School August 3, 2016 Page 3 of 3 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 requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height is an existing condition. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1991 and is currently located in the Rural zoning district. The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public zoning district has a maximum building height of 30 feet. The existing building is in conformance with the maximum building height requirements of the existing, Rural zoning district in which the property is currently located. To bring the property into compliance with the existing comprehensive plan and with the existing use of the property, the property is being re-zoned to the Public zoning district. Rezoning the property to the Public district would create a non-conforming building height for the existing building without approval of the variance. Will not alter Character of Locality The requested variance will not change the character of the locality. The building height is an existing condition. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-06 approving a Variance to exceed the building height requirement for the existing portion(s) of the building that currently exceed the 30 ft. maximum building height of the Public District, contingent upon approval of the rezoning to the Public District. VARIANCE #2016-06 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2016-06 Applicant: City of Eden Prairie ADDRESS: 8905 Braxton Drive, Eden Prairie, Minnesota OTHER DESCRIPTION: PID # 20-116-22-13-0049 VARIANCE REQUEST: Variance to exceed the 30 ft. maximum building height requirement for the existing structure 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 2016-06 is: _____ granted _____ modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on August 8, 2016; 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: August 8, 2016 EXHIBIT A – FINDINGS AND CONDITIONS Variance Request #2016-06 FINDINGS Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. Schools are permitted in the Public zoning district. The requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. It is reasonable for a school to be taller than 30 feet. Other existing schools within the Public zoning district are taller than 30 feet. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1991 and is currently located in the Rural zoning district. The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public zoning district has a maximum building height of 30 feet. The existing building is in conformance with the maximum building height requirements of the existing, Rural zoning district in which the property is currently located. To bring the property into compliance with the existing comprehensive plan and with the existing use of the property, the property is being re-zoned to the Public zoning district. Rezoning the property to the Public district will create a non-conforming building height for the existing building. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: The building height is an existing condition. No changes are being proposed to the site. CONDITIONS: This variance is approved contingent upon approval of the re-zoning of the property to the Public zoning district. SITE Braxton Drive Mayfield Drive Rogers Road Trenton Lane Gould Road Sylvan Ridge ¯ Area Location Map - Cedar Ridge Elementary SchoolSite Address: 8905 Braxton Drive, Eden Prairie, MN 0 410 820205 Feet SITE Sylan Ridge Rogers Road Braxton Drive Trenton Lane Mayfield Drive Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03 DATE Revised 01-07-05 DATE Revised 11-07-05 DATE Revised 03-23-06 DATE Revised 06-23-06 DATE Revised 12-06-06 DATE Revised 03-01-07 DATE Revised 06-01-07 DATE Revised 10-01-07 DATE Revised 03-01-08 DATE Revised 03-01-09 Guide Plan Map - Cedar Ridge Elementary School8905 Braxton Drive, Eden Prairie, MN 55347 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 370 0 370185 Feet SITE Braxton Drive Trenton Lane Sylvan Ridge Rogers Road Mayfield Drive BRAXTON DRROGERS RD MAYFIELD DR GOULD RDT RENTON LN CANDLEWOOD PKWY BAINBRIDGE DR S Y L V A N R D G R A L E I G H LN STANLEYTRLDOUGLAS DRLIVI NGSTONLNMCGUFFEY RDKENNINGRDK ELSEYLN DEWEY CT GATEWAY LNCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map - Cedar Ridge Elementary School8905 Braxton DriveEden Prairie, MN 55347 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way SITE Rogers Road Braxton Drive Mayfield Drive Sylvan Ridge ¯ Aerial Map: Cedar Ridge Elementary SchoolAddress: 8905 Braxton DriveEden Prairie, Minnesota 55347 0 410 820205 Feet STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 8, 2016 PROJECT: Eden Prairie Schools – Rezoning & Variance LOCATION: Oak Point Elementary School – 13400 Staring Lake Parkway APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing parking lot BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Prior to 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as “those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities.” Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The definition of “public infrastructure” was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report – Rezoning & Variance # 2016-07 – Oak Point Elementary School August 3, 2016 Page 2 of 3 ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing setbacks for the parking lots. The recommended variance requests would apply only to the existing conditions. Oak Point Elementary School – Existing Setbacks Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. This site will require a setback variance for the existing parking lot. It appears that the closest portion of the parking lot (at the northwest corner) has an approximate setback of 46 ft. along the west/front lot line (along Staring Lake Parkway) and approximately 48 ft. along the north/front lot line (along Anderson Lakes Parkway). All other existing parking lot and building setbacks meet the requirements of the City Code. City Code currently requires that parking lots meet the required front yard setback. The front yard setback in the Public District is 50 ft. Staff Report – Rezoning & Variance # 2016-07 – Oak Point Elementary School August 3, 2016 Page 3 of 3 VARIANCE REQUEST 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 requested variance will not alter the existing use of the property as a school. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1989 and is currently located in the Rural zoning district. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS Recommend approval of the following requests: 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-07 approving a Variance to allow reduced setbacks for the existing parking lot for only the existing portion(s) of the parking lot that do not meet the minimum yard setback requirements of 50 ft. from the front lot line of the property of the Public District, contingent upon approval of the rezoning to the Public District. VARIANCE #2016-07 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2016-07 Applicant: City of Eden Prairie ADDRESS: 13400 Staring Lake Parkway, Eden Prairie, Minnesota OTHER DESCRIPTION: PID # 22-116-22-13-0004 VARIANCE REQUEST: Variance to allow the existing reduced setbacks for the existing parking lot 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 2016-07 is: _____ granted _____ modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on August 8, 2016; 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: August 8, 2016 EXHIBIT A – FINDINGS AND CONDITIONS Variance Request #2016-07 FINDINGS Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1989 and is currently located in the Rural zoning district. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. CONDITIONS: This variance is approved contingent upon approval of the re-zoning of the property to the Public zoning district. SITE Anderson Lakes Parkway Staring Lake Parkway Essex Court Columbine Road Garden Lane ¯ Area Location Map - Oak Point Elementary School Site Address: 13400 Staring Lake Parkway, Eden Prairie, MN 0 410 820205 Feet SITE Anderson Lakes Parkway Staring Lake Parkway Essex Court Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03 DATE Revised 01-07-05 DATE Revised 11-07-05 DATE Revised 03-23-06 DATE Revised 06-23-06 DATE Revised 12-06-06 DATE Revised 03-01-07 DATE Revised 06-01-07 DATE Revised 10-01-07 DATE Revised 03-01-08 DATE Revised 03-01-09 Guide Plan Map - Oak Point Elementary School13400 Staring Lake Parkway, Eden Prairie, MN 55347 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 390 0 390195 Feet SITE Staring Lake Parkway Essex Court Anderson Lakes Parkway S TA R IN G LA K E P K W Y ANDERSONLAKESPKWY COLUMBINE RDESSEX CT G AR DEN LN CUMB E RL A N D R D KNOL LWOOD DRMAGNOLIA TRLB E R KSHIRELN PINEBLUFFCT HAWTH O R N E D RWE L LI NGTONDRLANGLEY CTN O R T H R UP TRL MARIGOLD CIRDA H L I A C IR S P E N C E R S W E E TPEALNLADINOCIRCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map - Oak Point Elementary School13400 Staring Lake ParkwayEden Prairie, MN 55347 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way SITE Anderson Lakes Parkway Staring Lake Parkway Essex Court ¯ Aerial Map: Oak Point Elementary SchoolAddress:13400 Staring Lake ParkwayEden Prairie, Minnesota 55347 0 410 820205 Feet STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 3, 2016 PROJECT: Eden Prairie Schools – Rezoning & Variance LOCATION: Eden Lake Elementary School – 12000 Anderson Lakes Parkway APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing parking lot 3. Variance to exceed the 30 ft. maximum building height requirement for the existing structure BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Prior to 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as “those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities.” Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The definition of “public infrastructure” was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report – Rezoning & Variance # 2016-08 – Eden Lake Elementary School August 3, 2016 Page 2 of 4 ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing height of the building and for the existing setbacks of the parking lot. The recommended variance requests would apply only to the existing conditions. Eden Lake Elementary School – Existing Setbacks Eden Lake Elementary School – Existing Building Height (NW corner) Staff Report – Rezoning & Variance # 2016-08 – Eden Lake Elementary School August 3, 2016 Page 3 of 4 The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public district has a maximum building height of 30 feet, so staff is recommending approval of a variance to allow the existing condition in order for the site to maintain its conforming status. Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. It appears that the tallest portion of the existing building (at the northwest corner) is approximately 36 feet or greater. City Code currently allows a maximum height of 30 ft. for the main structures in the Public District. In regards to the setback variance, it appears that the closest portion of the parking lot at the south side/front lot line of the property (along Anderson Lakes Parkway) is approximately 34 ft. and at 0 ft. setback along the east/side lot line of the property. City Code currently requires a minimum yard setback of 50 ft. from the front and 10 ft. from the side lot line of the property. VARIANCE REQUEST 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 requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1993 and is currently located in the Rural zoning district. The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public zoning district has a maximum building height of 30 feet. The existing building is in conformance with the maximum building height requirements of the existing, Rural zoning district in which the property is currently located. To bring the property into compliance with the existing comprehensive plan and with Staff Report – Rezoning & Variance # 2016-08 – Eden Lake Elementary School August 3, 2016 Page 4 of 4 the existing use of the property, the property is being re-zoned to the Public zoning district. Rezoning the property to the Public district would create a non-conforming building height for the existing building without approval of the variance. The setbacks of the parking lot are also existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-08 approving a Variance to exceed the building height requirement for the existing portion(s) of the building that currently exceed the 30 ft. maximum building height of the Public District and approving a Variance to allow reduced setbacks for the existing parking lot for only the existing portion(s) of the parking lot that do not meet the 50 ft. minimum setback from the front lot line, and 10 ft. minimum side lot line setback of the property of the Public District, contingent upon approval of the rezoning to the Public District. VARIANCE #2016-08 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2016-08 Applicant: City of Eden Prairie ADDRESS: 12000 Anderson Lakes Parkway, Eden Prairie, Minnesota OTHER DESCRIPTION: PID # 23-116-22-13-0002 VARIANCE REQUEST: • Variance to allow the existing reduced setbacks for the existing parking lot • Variance to exceed the 30 ft. maximum building height requirement for the existing structure 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 2016-08 is: _____ granted _____ modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on August 8, 2016; 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: August 8, 2016 EXHIBIT A – FINDINGS AND CONDITIONS Variance Request #2016-08 FINDINGS Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1993 and is currently located in the Rural zoning district. The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public zoning district has a maximum building height of 30 feet. The existing building is in conformance with the maximum building height requirements of the existing, Rural zoning district in which the property is currently located. To bring the property into compliance with the existing comprehensive plan and with the existing use of the property, the property is being re-zoned to the Public zoning district. Rezoning the property to the Public district would create a non-conforming building height for the existing building without approval of the variance. The setbacks of the parking lot are also existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. CONDITIONS: This variance is approved contingent upon approval of the re-zoning of the property to the Public zoning district. SITE Anderson Lakes Pkwy Waterford Ct Darnel Rd Grier Ln Homeward Hills Rd Perserve Blvd ¯ Area Location Map - Eden Lake Elementary School Site Address: 12000 Anderson Lakes Parkway, Eden Prairie, MN 0 500 1,000250 Feet Neill Lake Eden LakeEden Lake SITE Grier Lane Anderson Lakes ParkwayHomeward Hills Road Darnel Road Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03 DATE Revised 01-07-05 DATE Revised 11-07-05 DATE Revised 03-23-06 DATE Revised 06-23-06 DATE Revised 12-06-06 DATE Revised 03-01-07 DATE Revised 06-01-07 DATE Revised 10-01-07 DATE Revised 03-01-08 DATE Revised 03-01-09 Guide Plan Map - Eden Lake Elementary School12000 Anderson Lakes Parkway, Eden Prairie, MN 55347 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 370 0 370185 Feet SITE Grier lane Anderson Lakes Parkway Darnel Road Homeward hills Road AND E R S O N L A K E S P K W Y HOMEWARD HILLS RDGRIER LN DARNEL RDWATERFORD RD KNOBLE CTKATHRYNCTJASMINE LNCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map - Eden Lake Elementary School12000 Anderson Lakes ParkwayEden Prairie, MN 55347 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way SITE Anderson Lakes Parkway Homeward Hills Road Grier Lane Darnel Road ¯ Aerial Map: Eden Lake Elementary SchoolAddress:12000 Anderson Lakes ParkwayEden Prairie, Minnesota 55347 0 330 660165 Feet STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 8, 2016 PROJECT: Eden Prairie Schools – Rezoning & Variance LOCATION: Forest Hills Elementary School – 13708 Holly Road APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing building and parking lot BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Prior to 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as “those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities.” Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The definition of “public infrastructure” was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Staff Report – Rezoning & Variance # 2016-09 – Forest Hills Elementary School August 3, 2016 Page 2 of 3 Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing setbacks of for these structures including existing buildings and parking lots. The recommended variance requests would apply only to the existing conditions. Forest Hills Elementary School – Existing Setbacks Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. This site will require a setback variance for the existing building and parking lot. It appears that the closest portion of the parking lot (at the northwest corner) has a 0 ft. setback from both the west/side lot line and from the north/front lot line of the property. As for the existing building, it currently does not meet any of the setback requirements. The building currently has a 0 ft. setback from both the west and east side lot lines of the property, and an approximate setback of 34 ft. from both the north/front and rear/south lot lines of the property. City Code currently requires a building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District. City Code also requires a parking lot setback of 50 ft. from the front lot line and a 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. VARIANCE REQUEST Staff Report – Rezoning & Variance # 2016-09 – Forest Hills Elementary School August 3, 2016 Page 3 of 3 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 requested variance will not alter the existing use of the property as a school. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1970 and is currently located in the Rural zoning district. The building and parking lot setbacks are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The building and parking lot setbacks are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-09 approving a Variance to allow reduced setbacks for the existing buildings and existing parking lots for only the existing portions of the buildings and parking lots that do not meet the building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District and for the parking lots that do not meet the 50 ft. front lot line and the 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. VARIANCE #2016-09 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2016-09 Applicant: City of Eden Prairie ADDRESS: 13708 Holly Road, Eden Prairie, Minnesota OTHER DESCRIPTION: PID # 03-116-22-31-0001 VARIANCE REQUEST: Variance to allow the existing reduced setbacks for the existing structure and parking lot 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 2016-09 is: _____ granted _____ modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on August 8, 2016; 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: August 8, 2016 EXHIBIT A – FINDINGS AND CONDITIONS Variance Request #2016-09 Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1970 and is currently located in the Rural zoning district. The building and parking lot setbacks are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The building and parking lot setbacks are existing conditions. No changes are being proposed to the site. CONDITIONS: This variance is approved contingent upon approval of the re-zoning of the property to the Public zoning district. Rosemary Road Holly Road Baker Road SITE ¯ Area Location Map - Forest Hills Elementary SchoolSite Address: 13708 Holly Road, Eden Prairie, MN 0 290 580145 Feet SITE Manchester Lane Holly Road Rosemary Road Baker Road Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03 DATE Revised 01-07-05 DATE Revised 11-07-05 DATE Revised 03-23-06 DATE Revised 06-23-06 DATE Revised 12-06-06 DATE Revised 03-01-07 DATE Revised 06-01-07 DATE Revised 10-01-07 DATE Revised 03-01-08 DATE Revised 03-01-09 Guide Plan Map - Forest Hills Elementary School13708 Holly Road, Eden Prairie, MN 55346 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 300 0 300150 Feet SITE Baker Road Holly Road Rosemary Road Manchester Lane QR60 HOLLY RD R O SEM ARYRDMANCHESTER LNSAND RIDGE RDTANAGER LN C A R D I N A L C R E E K R D JAMES PL O AKHILL CT WOODMERE CIR PROMON T O R Y D R ROSEM AR Y R D BAKER RDCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map -Forest Hills Elementary School13708 Holly RoadEden Prairie, MN 55346 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way SITE Baker Road Manchester Lane Holly Road Rosemary Road ¯ Aerial Map: Forest HillsElementary SchoolAddress: 13708 Holly RoadEden Prairie, Minnesota 55346 0 340 680170 Feet STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 3, 2016 PROJECT: Eden Prairie Schools – Rezoning & Variance LOCATION: Hennepin Technical College – 13100 College View Drive (3 parcels including PID # 22-116-22-44-0001, PID # 22-116-22-43-0001, & PID # 22-116-22-42-0001) APPLICANT: City of Eden Prairie OWNERS: State of Minnesota (Hennepin Technical College) 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing buildings and existing parking lots BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. Prior to 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as “those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities.” Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The definition of “public infrastructure” was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report – Rezoning & Variance # 2016-10 – Hennepin Technical College August 3, 2016 Page 2 of 3 The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing setbacks of the buildings and parking lots. The recommended variance requests would apply only to the existing conditions. Hennepin Technical College – Existing Setbacks (SE property – PID # 22-116-22-44-0001) Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. The existing buildings and parking lots cross over the three lot lines of the properties that the Hennepin Technical College campus site occupies. This essentially means that there is an existing setback of 0 feet from various lot lines. There are also other reduced setbacks from the front, side, and rear lot lines of the properties that are not depicted in the aerial image above. City Code currently requires a building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District. City Code also requires a parking lot setback of 50 ft. from the front lot line and a 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. Staff Report – Rezoning & Variance # 2016-10 – Hennepin Technical College August 3, 2016 Page 3 of 3 VARIANCE REQUEST 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 requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1971 and is currently located in the Rural zoning district. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-10 approving a Variance to allow reduced setbacks for the existing buildings and existing parking lots for only the existing portions of the buildings and parking lots that do not meet the building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District and for the parking lots that do not meet the 50 ft. front lot line and the 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. VARIANCE #2016-10 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2016-10 Applicant: City of Eden Prairie ADDRESS: 13100 College View Drive, Eden Prairie, Minnesota OTHER DESCRIPTION: 3 parcels including PID # 22-116-22-44-0001, PID # 22-116-22-43-0001, & PID # 22-116-22-42-0001 VARIANCE REQUEST: Variance to allow the existing reduced setbacks for the existing buildings and existing parking lots 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 2016-10 is: _____ granted _____ modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on August 8, 2016; 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: August 8, 2016 EXHIBIT A – FINDINGS AND CONDITIONS Variance Request #2016-10 Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1971 and is currently located in the Rural zoning district. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. CONDITIONS: This variance is approved contingent upon approval of the re-zoning of the property to the Public zoning district. SITE Staring Lake Parkway Columbine Road College View Drive Flying Cloud Drive¯ Area Location Map - Hennepin Technical CollegeSite Address: 13100 College View Drive, Eden Prairie, MN 0 670 1,340335 Feet Staring LakeStaring Lake Staring Lake Parkway Columbine Road Flying Cloud Drive College View Drive SITE Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03 DATE Revised 01-07-05 DATE Revised 11-07-05 DATE Revised 03-23-06 DATE Revised 06-23-06 DATE Revised 12-06-06 DATE Revised 03-01-07 DATE Revised 06-01-07 DATE Revised 10-01-07 DATE Revised 03-01-08 DATE Revised 03-01-09 Guide Plan Map - Hennepin Technical College13100 College View Drive, Eden Prairie, MN 55347 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 720 0 720360 Feet SITE Staring Lake Parkway Columbine Road College View Road Flying Cloud Drive QR61 QR61 S TA R IN G LA K E P K W Y AZTEC DRCOLDSTREAMLNSUNNY B R O O K R DPINEBLUFFCT LAD IN OCIRFLYING CLOUD DRFLYING CLOUD DRCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.30.15 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map - Hennepin Technical College13100 College View DriveEden Prairie, MN 55347 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way SITE Flying Cloud Drive Columbine Road College View Drive Staring Lake Parkway ¯ Aerial Map: Hennepin Technical CollegeAddress: 13100 College View DriveEden Prairie, Minnesota 55347 0 680 1,360340 Feet 1 PROJECT PROFILE – AUGUST 8, 2016 PLANNING COMMISSION – AUGUST 8, 2016 1. CEDAR RIDGE ELEMENTARY SCHOOL (2016-06) by City of Eden Prairie (ANGIE) Location: 8905 Braxton Drive Request for: • Zoning District Change from Rural to Public on 23.19 acres. • Variance to exceed the 30 foot maximum height requirement for the existing structure. Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review 06/30/16 Notice to Paper Date 07/21/16 Resident Notice Date 07/25/16 Meeting Date 08/08/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 1st Meeting Date 00/00/16 2nd Meeting Date 00/00/16 2. OAK POINT ELEMENTARY SCHOOL (2016-07) by City of Eden Prairie (ANGIE) Location: 13400 Staring Lake Parkway Request for: • Zoning District Change from Rural to Public on 23.05 acres. • Variance to address the existing setback requirements. Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review 06/30/16 Notice to Paper Date 07/21/16 Resident Notice Date 07/25/16 Meeting Date 08/08/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 1st Meeting Date 00/00/16 2nd Meeting Date 00/00/16 3. EDEN LAKE ELEMENTARY SCHOOL (2016-08) by City of Eden Prairie (ANGIE) Location: 12000 Anderson Lake Parkway Request for: • Zoning District Change from Rural to Public on 23.46 acres. • Variance to address the existing setback requirements. Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review 06/30/16 Notice to Paper Date 07/21/16 Resident Notice Date 07/25/16 Meeting Date 08/08/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 1st Meeting Date 00/00/16 2nd Meeting Date 00/00/16 2 4. FOREST HILLS ELEMENTARY SCHOOL (2016-09) by City of Eden Prairie (ANGIE) Location: 13708 Holly Road Request for: • Zoning District Change from Rural to Public on 28.31 acres. • Variance to address the existing setback requirements. Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review 06/30/16 Notice to Paper Date 07/21/16 Resident Notice Date 07/25/16 Meeting Date 08/08/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 1st Meeting Date 00/00/16 2nd Meeting Date 00/00/16 5. HENNEPIN TECHNICAL COLLEGE (2016-10) by City of Eden Prairie (ANGIE) Location: 13100 College View Drive Request for: • Zoning District Change from Rural to Public on 104.38 acres. • Variance to address the existing setback requirements. Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review 06/30/16 Notice to Paper Date 07/21/16 Resident Notice Date 07/25/16 Meeting Date 08/08/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 1st Meeting Date 00/00/16 2nd Meeting Date 00/00/16 CONSERVATION COMMISSION – AUGUST 9, 2016 HERITAGE PRESERVATION COMMISSION – AUGUST 15, 2016 1. TIME CHANGE & SITE TOUR -Meet at City Center, 6:30 P.M. CITY COUNCIL PUBLIC HEARING – AUGUST 16, 2016 2. CODE AMENDMENT by City of Eden Prairie (JULIE) Amend the City Code Chapter 11, Section 11.35 to add schools as a permitted use in the Public Zoning District. 3 CITY COUNCIL CONSENT – AUGUST 16, 2016 1. DRAFT TOD ORDINANCE (JULIE) Adoption of the draft TOD ordinance. Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 6-24-15 Resident Notice Date N/A Meeting Date 7-13-15 Notice to Paper Date 8-6-15 Resident Notice Date N/A 1st Meeting Date 8-18-15 2nd Meeting Date 2. CODE AMENDMENT RELATED TO LOADING FACILITIES, MECHANICAL EQUIPMENT, SITE LIGHTING AND TRASH AND RECYCLING ENCLOSURES (JULIE) Public hearing to amend City Code Chapter 11, relating to loading facilities, mechanical equipment screening, site lighting, and architectural requirements for trash and recycling enclosures. Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 11/19/15 Resident Notice Date N/A Meeting Date 12/07/15 Notice to Paper Date 00/00/15 Resident Notice Date N/A 1st Meeting Date 00/00/15 2nd Meeting Date 3. TELECOMMUNICATIONS File#2016-08L Lease by Sprint (c/o – John Deecher - Pyramid) Contact John Deecher Office# 315-796-4481 (STEVE) (Approved 00-00-16) Review time ?? Days. Incomplete as of 00-00-16 Location: 8950 Eden Prairie Road, Eden Prairie, MN Request: Re-establishment of Lease. Property zoned Public. Application Info Planning Commission City Council Date Submitted 03/11/16 Date Complete 00/00/16 90 Day Deadline 06/09/16 Initial DRC review 03/17/16 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N.A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date 00/00/16 2nd Meeting Date N/A 4 4. WHITETAIL BLUFF (2016-05) by Premium Construction LLC (BETH) Proposal for a two lot single family subdivision Location: 10065 Eden Prairie Rd Contact: Robert Schmidt – 612-760-9461 Request for: • Zoning District Change from Rural to R1-13.5 on 2.48 acres • Preliminary Plat of one lot into two lots on 2.48 acres Application Info Planning Commission City Council Date Submitted 05/13/16 Date Complete 06/14/16 120 Day Deadline 10/11/16 Initial DRC review 00/00/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 Meeting Date 00/00/16 Notice to Paper Date Resident Notice Date 06/27/16 1st Meeting Date 07/19/16 2nd Meeting Date 5. TEMPORAY HOUSING OPT-OUT by City of Eden Prairie (JULIE) Ordinance PLANNING COMMISSION – AUGUST 22, 2016 1. VARIANCE #2016-08 by SKD Architects, Inc. (ANGIE) Location: 11000 West 78th Street Contact: Steve Kleineman, 763-591-6115 Request for: • Variance to exceed the 40 ft. maximum building height by _________feet. Application Info Planning Commission City Council Date Submitted 07/22/16 Date Complete 00/00/16 120 Day Deadline 00/00/16 Initial DRC review 07/28/16 Notice to Paper Date 8/11/16 Resident Notice Date 8/12/16 Meeting Date 8/22/16 Notice to Paper Date n/a Resident Notice Date n/a 1st Meeting Date n/a 2nd Meeting Date n/a 2. PRAIRIE BLUFFS SENIOR LIVING (2015-17) by Albert Miller (JULIE/BETH) Proposal to develop a 3 and 4 story, 138 unit senior housing and assisted living project Location: 10217, 10220, 10240, 10280 Hennepin Town Road and two additional parcels (PID 36 -116-22-11-0026 & 36-116-22-11-0003) Contact: Albert Miller – 612-386-6260 Request for: • Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.58 acres. • Planned Unit Development Concept Review on 4.58 acres • Planned Unit Development District Review with waivers on 4.58 acres • Zoning District Change from Rural and Office to RM-2.5 on 4.58 acres 5 • Site Plan Review on 4.58 acres • Preliminary Plat of six lots into one lot and one outlot on 4.58 acres Application Info Planning Commission City Council Date Submitted 07/13/16 Date Complete 120 Day Deadline Initial DRC review 07/28/16 Notice to Paper Date 11/19/15 Resident Notice Date 11/20/15 Meeting Date 12/07/15 Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date CITY COUNCIL CONSENT – SEPTEMBER 6, 2016 1. COMPREHENSIVE PLAN AMENDMENT by City of Eden Prairie (JULIE) Amend the Comprehensive Plan relating to development densities and process for medium & high density residential developments. IN BUT NOT SCHEDULED 1. CHICK-FIL-A (2016-02) by Oppidan Investment Company (JULIE) Proposal for free standing restaurant with drive thru Location: 8460 Franlo Road Contact: Drew Johnson, 952-540-4180 Request for: • Zoning District Change from Rural to Reg-Com-Serv on 2.58 acres • Preliminary Plat of 3 lots into 2 lots on 2.58 acres • Site Plan Review on 2.58 acres Application Info Planning Commission City Council Date Submitted 02/12/16 Date Complete 00/00/00 120 Day Deadline 00/00/00 Initial DRC review 00/00/00 Notice to Paper Date 00/00/00 Resident Notice Date 00/00/00 Meeting Date 00/00/00 Notice to Paper Date 00/00/00 Resident Notice Date 00/00/00 1st Meeting Date 00/00/00 2nd Meeting Date 00/00/00 2. SOUTHWEST STATION PUD AMENDMENT (2015-23) by SW Metro Transit Commission (JULIE) Proposal for additional parking structure at southwest station Contact: Julie Klima, 952-949-8489 Request for: • Planned Unit Development District Review with waivers on 11.38 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 6 11.38 acres • Site Plan Review on 11.38 acres Application Info Planning Commission City Council Date Submitted 00/00/15 Date Complete 00/00/15 120 Day Deadline 00/00/15 Initial DRC review 00/00/15 Notice to Paper Date 11/19/15 Resident Notice Date 11/20/15 Meeting Date 12/07/15 Notice to Paper Date 12/17/15 Resident Notice Date 12/18/15 1st Meeting Date 01/05/16 2nd Meeting Date 3. MARTIN BLU TRAIL (2015-21) by Eden Prairie Development, LLC (JULIE) Proposal for relocation of a trail. Location: 14301 Martin Drive Contact: Rob Bader, 952-540-8643 Request to: • Amend Development Agreement to reflect revised trail location within the Martin Blu project Application Info Planning Commission City Council Date Submitted 10/28/15 Date Complete 10/28/15 120 Day Deadline 06/23/16 Initial DRC review 11/05/15 Notice to Paper Date 11/19/15 Resident Notice Date 11/20/15 Meeting Date 12/07/15 Notice to Paper Date 12/17/15 Resident Notice Date 12/18/15 1st Meeting Date 01/05/16 2nd Meeting Date APPROVED VARIANCES TELECOMMUNICATION PROJECTS