HomeMy WebLinkAboutPlanning Commission - 05/22/2017
AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, May 22, 2017 - 7:00 P.M.
PLANNING COMMISSION
MEMBERS:
John Kirk, Charles Weber, Travis Wuttke, Ann Higgins,
Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis,
Christopher Villarreal
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 May 8, 2017 meeting
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. CODE AMENDMENT RELATED TO COMMUNITY CENTERS
Request to:
• Amend City Code Chapter 11 relating to Community Centers
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, May 22, 2017
_______________________________________________________________________________
MONDAY, May 22, 2017 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
A. PLANNING COMMISSION MEETING HELD MONDAY, May 8, 2017
MOTION: Move to approve the Planning Commission minutes dated May 8, 2017.
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. CODE AMENDMENT RELATED TO COMMUNITY CENTERS
Request to:
• Amend the City Code Chapter 11 relating to the community center definition and
permitted uses.
Prior to 2011, the term “Public Facility and Services” was defined in City Code. In 2011, a
code amendment eliminated the definition of “Public Facilities and Services” as a
permitted use in all zoning districts. Certain uses became non-conforming at that time
including such uses as schools and community centers. Similar to a recent code amendment
related to schools, the purpose of this code amendment is to define a community center,
revise the purpose statement of the Public zoning district and identify community centers
as a permitted use in the Public zoning district.
Staff recommends approval.
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval to amend City Code Chapter 11 related to the
community center definition and permitted uses based on the information included in the
staff report dated May 19, 2017.
VIII. PLANNERS’ REPORT
ANNOTATED AGENDA
May 22, 2017
Page 2
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, MAY 8, 2017 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles
Weber, Andrew Pieper, Ed Farr, Mark Freiberg,
Michael DeSanctis, Christopher Villareal
CITY STAFF: Beth Novak-Krebs, Senior Planner
Rod Rue, City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Weber was absent.
IIII. APPROVAL OF AGENDA
MOTION: Kirk moved, seconded by Higgins, to approve the agenda. Motion carried
8-0.
IV. MINUTES
A. PLANNING COMMISSION MEETING HELD ON APRIL 24, 2017
Wuttke had a change on page 3, paragraph 5, last sentence. He would like it to
read, “Wuttke stated there appears to be more risk on the developers.”
Wuttke had a change on page 4, paragraph 9, first sentence. He would like it to
read, “Wuttke stated again his concern with the other entities pushing for changes
to the city’s ordinances.”
MOTION: Wuttke moved, seconded by Farr, to approve the amended Planning
Commission minutes dated April 24, 2017. Motion carried 8-0.
PLANNING COMMISSION MINUTES
May 8, 2017
Page 2
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. HUELER PROPERTY
Location: 12300 Riverview Road
Request for:
• Preliminary Plat of one lot into three lots on 4.46 acres
Dan Blake, consultant representing the owners, presented the proposal. Mr. Blake
gave an overview of the site and showed a diagram of the property from 1937 for
history of the site and compared it to a current aerial photograph. He showed where
the current house is and stated it will remain on the property. He pointed out the
site is slopped, meeting the definition for steep slope. There are no wetlands on the
property. There are a lot of native oaks and cedar trees on the property, along with
a lot of buck thorn. Mr. Blake said the site is very large but does come with a lot of
issues. They had thought of constructing multifamily villas and 5 single family lots
on the property but felt it would not work for the site, so that is where they came up
with the plan to have three fairly large lots on the property. Mr. Blake pointed out
the three lots would meet the zoning requirements. They are not sure what size the
houses will be, but know they will be larger. The existing driveway, where the
current house is located, will remain. The road running north to south will be
rebuilt as sewer and water will be added to the area. He stated staff wanted him
look at flag lots, but he felt they would retain more flexibility if they did not go with
that type of lot. Mr. Blake pointed out the staff report has a lot of conditions and
said they are in agreement with those. He also stated they had a neighborhood
meeting and only four homeowners came. They were mainly interested in what
type of housing was going to be built in the area. Mr. Blake said he did not know
the exact price point of the homes but knew they would be larger.
DeSanctis asked about the heritage trees on the property and how will they be
protected during construction. Mr. Blake said the construction will not impact the
heritage trees. He also pointed out because of the steep slopes, each lot will have its
own land alteration permit..
Chair Pieper asked Novak-Krebs to review the staff report. Novak-Krebs said this
is consistent with the zoning and guide plan. She did say it is a unique site. It is
slopped and wooded. There is a bluff and there may be archeological artifacts on
the site.. There are a number of conditions listed in the staff report because of
timing of the development and the need to make sure the responsibilities and other
details were carefully planned. Staff is recommending approval based on the
conditions in the staff report.
PLANNING COMMISSION MINUTES
May 8, 2017
Page 3
Chair Pieper opened the meeting up for public input. Paul Schnebel, a resident in
the area, said he is concerned with the project and pointed out he never received a
neighborhood meeting letter. He stated ten years ago, 10 to 12 homes were to be
developed on this property but could not because of run-off and he would like to
know what has changed since then. He also stated the driveway on this site is right
by his fence. Mr. Schnebel asked what the time frame for this property would be.
Chair Pieper asked Mr. Schnebel where his home is located. Mr. Schnebel said it is
located north of lot 3.
Mr. Blake said the final plat has to be submitted within two years. Chair Pieper
asked if notices were sent out to all the neighbors. Mr. Blake said he would look at
the list again, but he did get that list from city staff, which uses the information
from Hennepin County.
DeSanctis asked what would be the engineering practices used to protect the soil on
the bluffs from heavy rain. Mr. Blank said he does not have a specific answer but
that is why they are not building many houses and trying to retain the trees and land
cover.
Kirk asked for city staff’s viewpoint of a steep slope and pre-cautions. Rue said
there will be a steep slope permit which will entail more engineering. Wuttke asked
what the delineations of steep slopes are for this property. Rue said anything over
12% would be considered steep, which is most of the property. What constitutes a
bluff is a 30% grade on a bluff with a height of 25 feet or more. These are standards
developed by the Department of Natural Resources.
Kirk commented the city staff has done a good job with stringent requirements and
the developer has done a good job with the placement of lots.
Farr asked about Riverview Road right-away and is there a reason why this would
not be made into a private drive and vacate the right of way. In the preliminary plat
there in no connecting utilities to units one and two. Rue said Riverview Road
needs access to the river bottom. The right of way has been established for 100
years so it will stay as is. In regards to the driveway easement, they are working on
that. The easement is also consistent with the City’s standards. Mr. Blank said in
regards to the normal utilities easements and drainage easements; they will serve
one lot at a time. There will be no infrastructure there.
Freiberg said he was previously on the Heritage Preservation Committee and asked
what if something historical or significant was found on site. Novak-Krebs said if it
is significant it would most likely just impact the grading of the stormwater
management facility through the land alteration permit, the city can require
protection of the foundation during grading. Higgins concurred with Novak-Krebs.
PLANNING COMMISSION MINUTES
May 8, 2017
Page 4
Farr said he heard the home that is on site was called historical and asked if that was
noted somewhere. Higgins said it was not noted anywhere. She also commented
there is typically very little left of these remnants as they have all been washed
away by water. She does not anticipate anything major being found.
Kirk commented it sounded like homework has been done for this project. Chair
Pieper concurred with Kirk’s comment and added it is a good project.
MOTION: Kirk moved, seconded by DeSanctis to close the public hearing.
Motion carried 8-0.
MOTION: Kirk moved, seconded Freiberg to recommend approval of Preliminary
Plat of one lot into three lots on 4.46 acres based on information outlined in the
Staff Report dated May 4, 2017 and the plans stamp dated April 27, 2017. Motion
carried 8-0.
VIII. PLANNERS’ REPORT
There was no Planners’ report
IX. MEMBERS’ REPORT
Wuttke asked in regards to tonight’s public hearing, since there were no deviations from
code why would there be 23 bullet points of recommendations. Freiberg stated he
considered it to be a cautious approach because it’s a unique site.
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION: Freiberg moved, seconded by Higgins, to adjourn the Planning Commission
meeting. Motion carried 8-0.
Chair Pieper adjourned the meeting at 7:58 p.m.
STAFF REPORT
TO: Planning Commission
FROM: Steve Durham, Planner II
DATE: May 19, 2017
SUBJECT: Code Amendment – Community Center Definition and
Permitted Use
BACKGROUND:
Prior to 2011, the phrase “Public Facility and Services” was defined in City Code as “Those
facilities owned by any governmental unit and those services related to electric, gas, telephone, and
cablevision utilities.” In 2011 a code amendment eliminated the definition of “public facilities and
services” as a permitted use in all zoning districts. The term public facilities was replaced with the
term Public Infrastructure which has a much narrower definition and does not address such uses as
schools or community centers. To rectify this situation, the City reviewed and approved a text
amendment in 2016 to define schools and provide them as a permitted use in the Public zoning
district. Similarly, this code amendment proposed to address community centers.
The purpose of this amendment is to define community center and identify the appropriate zoning
district location for community centers and remove ambiguity from the term when used in
conversation with the community.
In recent years the term “community center” to describe a land use, has been utilized in broad
context conversations with the inquiring public. The term used by the public generally is an all-
inclusive term which may include recreational use, civic or educational purposes, cultural
experiences, daycare as an accessory use, social facility use, etc. Current code does not define
community center. The lack of a definition creates ambiguity in determining the correct zoning
district that best suits this particular land use or service. The City’s Community Center is currently
located in the Public Zoning District.
DISCUSSION:
To remove this ambiguity for the term Community Center, staff recommends a code amendment to
define community center and clarify the appropriate zoning district that community centers may
locate.
Staff has completed regional and national search for community center definitions. Staff found
most surrounding communities do define the term community center. Staff proposes the following
definition to be added to City Code:
“Community Center” –A place or establishment designed as a gathering place for people from
the community and surrounding communities that offers, as its primary purpose, civic, social,
cultural, educational, public health, and recreational activities provided however the principal
Staff Report – Code Change – Community Center definition and permitted use
May 19, 2017
Page 2
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use of which is not a private school, public school, place of worship or daycare as defined by
City Code.
Staff further proposes that Section 11. 35 of the City Code be amended as follows:
Subd. 1. Purposes. The purposes of the PUB – Public District are to provide a
procedure for the orderly establishment of public facilities, expansion of their operation
or change in the use of land owned by governmental agencies or entities that operate
places of worship, cemeteries, private schools, and community centers as defined by
City Code and for identification of drainage ways and flood plains. (Language that is
underlined is proposed for addition).
Staff also proposes that community centers be added as a permitted use in the Public Zoning
District as operations identified in the proposed definition are consistent with the purposes and
intent of the Public zoning district.
STAFF RECOMMENDATION:
Staff recommends approval of the following: Amend Section 11.02 Definitions to include a
definition for Community Center; Amend Section 11.35 Public District to revise the purpose
statement for the Public Zoning District and to include Community Center as a permitted use, as
represented in the Planning Commission Staff report dated May 19, 2017.
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PROJECT PROFILE – MAY 22, 2017
PLANNING COMMISSION – MAY 22, 2017
1. CODE AMENDMENT RELATED TO COMMUNITY CENTERS 2017-10 (STEVE)
Public Hearing amending City Code, Chapter 11, to address Community Centers
Contact: Steve Durham, 952-949-8491
Application Info Planning Commission City Council
Date Submitted 04/14/17
Date Complete N/A
120 Day Deadline N/A
Initial DRC review N/A
Notice to Paper Date 05/04/17
Resident Notice Date N/A
Meeting Date 05/22/17
Notice to Paper Date 00/00/17
Resident Notice Date N/A
1st Meeting Date 00/00/17
2nd Meeting Date
PLANNING COMMISSION – JUNE 12, 2017
CONSERVATION COMMISSION – JUNE 13, 2017
CITY COUNCIL CONSENT – JUNE 13, 2017
1. HUELER PROPERTY (2017-03) by Greg and Kelli Hueler/Pemtom Land Co. (BETH)
Proposal for 3 lot single family subdivision on 4.46 acres
Location: 12300 Riverview Rd.
Contact: Dan Blake – 952-937-0716
Request for:
• Preliminary Plat of one lot into 3 lots on 4.46 acres.
Application Info Planning Commission City Council
Date Submitted 01/20/17
Date Complete 03/06/17
120 Day Deadline 08/03/17
Initial DRC review 01/12/17
Notice to Paper Date 04/20/17
Resident Notice Date 04/21/17
Meeting Date 05/08/17
Notice to Paper Date 04/27/17
Resident Notice Date 04/28/17
1st Meeting Date 05/16/17
2nd Meeting Date 06/13/17
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2. KOPESKY 2ND ADDITION (2016-19) by HTPO (ANGIE)
Proposal for an 8 lot single family subdivision
Location: 18340 82nd St W.
Contact: Charles Howley – 952-829-0700
Request for:
• Planned Unit Development Concept Review with waivers on 4.14 acres
• Planned Unit Development District Review with waivers on 4.14 acres
• Zoning District Change from Rural to R1-13.5 on 4.14 acres
• Preliminary Plat of one lot into 8 lots on 4.14 acres
Application Info Planning Commission City Council
Date Submitted 10/28/16
Date Complete 02/17/17
120 Day Deadline 06/17/17
Initial DRC review 11/03/16
Notice to Paper Date 02/23/17
Resident Notice Date 02/24/17
Meeting Date 03/13/17
Notice to Paper Date 03/30/17
Resident Notice Date 03/31/17
1st Meeting Date 04/18/17
2nd Meeting Date 00/00/17
HERITAGE PRESERVATION COMMISSION – JUNE 19, 2017
IN BUT NOT SCHEDULED
1. ASSEMBLY OF GOD CHURCH (2017-06) by Station 19 Architects. (ANGIE)
Proposal for a 14,794 square foot addition and a 7,000 square foot remodel on 10.06 acres
Location: 16591 Duck Lake Trail
Contact: Dan Torgerson – 612-623-1800
Request for:
• Planned Unit Development Amendment on 10.06 acres
• Site Plan Review on 10.06 acres
Application Info Planning Commission City Council
Date Submitted 01/17/17
Date Complete 03/17/17
120 Day Deadline 09/13/17
Initial DRC review 03/29/17
Notice to Paper Date 00/00/17
Resident Notice Date 00/00/17
Meeting Date 00/00/17
Notice to Paper Date 00/00/17
Resident Notice Date 00/00/17
1st Meeting Date 00/00/17
2nd Meeting Date 00/00/17
3
2. ELEVATE (2017-08) by Timberland Partners. (JULIE)
Proposal for a 6 story, 222 unit apartment building with mixed use on first floor on 3.119 acres
Location: 12900 Technology Dr
Contact: Bob Fransen – 952-893-1216
Request for:
• Guide Plan Change from C-Reg-Ser to TOD-R on 2.93 acres
• Planned Unit Development District Review with waivers on 2.93 acres
• Planned Unit Development Concept Review on 2.93 acres
• Zoning District Change from C-Reg-Ser to TOD-R on 2.93 acres
• Site Plan Review on 2.93 acres
• Preliminary Plat of two lots into one lot on 2.93 acres
Application Info Planning Commission City Council
Date Submitted 04/07/17
Date Complete 00/00/17
120 Day Deadline 00/00/17
Initial DRC review 00/00/17
Notice to Paper Date 00/00/17
Resident Notice Date 00/00/17
Meeting Date 00/00/17
Notice to Paper Date 00/00/17
Resident Notice Date 00/00/17
1st Meeting Date 00/00/17
2nd Meeting Date 00/00/17
3. CODE AMENDMENT RELATED TO DAYCARE 2017-09 (STEVE)
Public Hearing amending City Code, Chapter 11, to address daycares
Contact: Steve Durham, 952-949-8491
Application Info Planning Commission City Council
Date Submitted 04/14/17
Date Complete N/A
120 Day Deadline N/A
Initial DRC review N/A
Notice to Paper Date 00/00/17
Resident Notice Date N/A
Meeting Date 00/00/17
Notice to Paper Date 00/00/17
Resident Notice Date N/A
1st Meeting Date 00/00/17
2nd Meeting Date
4. CODE AMENDMENT RELATED TO PARKS ZONING DISTRICT 2017-11 (BETH)
Public Hearing amending City Code, Chapter 11, to amend Parks Zoning District
Contact: Beth Novak-Krebs, 952-949-8490
Application Info Planning Commission City Council
Date Submitted 05/12/17
Date Complete N/A
120 Day Deadline N/A
Initial DRC review N/A
Notice to Paper Date 00/00/17
Resident Notice Date N/A
Meeting Date 00/00/17
Notice to Paper Date 00/00/17
Resident Notice Date N/A
1st Meeting Date 00/00/17
2nd Meeting Date
4
5. 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
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
APPROVED VARIANCES
TELECOMMUNICATION PROJECTS