HomeMy WebLinkAboutPlanning Commission - 06/26/2017
AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, June 26, 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 22, 2017 meeting
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. CODE AMENDMENT RELATED TO DAYCARES
Request to amend City Code Chapter 11, to address Day Care Facilities
VII. PLANNERS’ REPORT
A. Sustainable Eden Prairie Award
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, June 26, 2017
_______________________________________________________________________________
MONDAY, June 26, 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 22, 2017
MOTION: Move to approve the Planning Commission minutes dated May 22, 2017.
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. CODE AMENDMENT RELATED TO DAYCARES
Request to:
• Amend City Code Chapter 11 to address daycares.
Current City C ode does not provide a definition for day care or list day care as a permitted
use in any specific zoning district. The lack of a definition or specific zoning district for
day care invites ambiguity in determining the appropriate zoning district to locate the use.
Historically commercial day care has been directed to the commercial or office zoning and
to the public district as an accessory use. The purpose of this amendment is to define day
care consistent with State Statue definition and formalize the specific zoning districts to
locate day care. Staff recommends that day care facilities be added as a permitted use in
the commercial, TOD, TC and office zoning districts and as a permitted accessory use in
the Public zoning district.
This code amendment does not impact day care permitted by State Statue in the residential
zoning districts.
Staff recommends approval.
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the Code Amendment related to Daycares
based on the information included in the staff report dated June 22, 2017.
ANNOTATED AGENDA
June 26, 2017
Page 2
VIII. PLANNERS’ REPORT
A. Sustainable Eden Prairie Award
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 22, 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: Julie Klima, City Planner
Rod Rue, City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. CALL THE MEETING TO ORDER
Vice Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Kirk and Pieper were absent.
IIII. APPROVAL OF AGENDA
MOTION: Weber moved, seconded by Higgins, to approve the agenda. Motion carried
7-0.
IV. MINUTES
A. PLANNING COMMISSION MEETING HELD ON MAY 8, 2017
Farr had three grammatical errors on page 3, paragraph 6. In the first sentence he
wanted right-away, changed to right-of-way. In the second sentence he would
like it to read, “In the preliminary plat there are no connecting utilities to units one
and two. In the seventh sentence he would like it to read, “Mr. Blake”.
Freiberg had a change on page 3, paragraph 7, first sentence. He would like the
word “Committee” changed to “Commission”.
MOTION: Weber moved, seconded by Wuttke, to approve the amended Planning
Commission minutes dated May 8, 2017. Motion carried 7-0.
PLANNING COMMISSION MINUTES
May 22, 2017
Page 2
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.
Klima stated this is a code amendment request to define community center and
clarify the appropriate zoning district that community centers may be located in.
Prior to 2011, the phrase “Public Facility and Services” was defined in the 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 was proposed to address community centers. Staff proposes the
following definition to be added to the 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 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. 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.
DeSanctis asked if broadening of the definition would increase liability. Klima said
it would not create additional liability.
PLANNING COMMISSION MINUTES
May 22, 2017
Page 3
Wuttke asked if referring to place of worship and schools in the definition, in
purposes creates confusion. Klima said they are described elsewhere in the code so
it would not create confusion.
Vice Chair Farr asked if community facilities create a concern under the
commercial district. Klima said it does not create a concern as these uses area
specifically being defined and provided as permitted uses in the appropriate zoning
districts.
Vice Chair Farr opened the meeting up for public input. There was no input.
Vice Chair Farr asked, in regards to types of facilities, libraries are missing so
would they warrant separate use. Klima said libraries will be another use that could
come forward before the Commission.
MOTION: Weber moved, seconded by Wuttke, to close the public hearing.
Motion carried 7-0.
MOTION: Weber moved, seconded by Wuttke, 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. Motion
carried 7-0.
VIII. PLANNERS’ REPORT
There was no Planners’ Report.
IX. MEMBERS’ REPORT
Wuttke congratulated the Planning Commission members for winning Jeopardy at the
annual Commission Banquet.
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION: Wuttke moved, seconded by Weber, to adjourn the Planning Commission
meeting. Motion carried 7-0.
Vice Chair Farr adjourned the meeting at 7:13 p.m.
STAFF REPORT
TO: Planning Commission
FROM: Steve Durham, Planner II
DATE: June 22, 2017
SUBJECT: Code Change – Day Care Facilities
BACKGROUND:
A day care facility has historically been interpreted as a permitted use in several zoning districts
within the City of Eden Prairie. However City Code does not define or designate where day care
use is permitted. The lack of a definition or a specific zoning district potentially creates ambiguity
in determining the correct zoning district that best suits this particular service.
In home family day care (no more than 10 children at one time) or group family day care (no more
than 14 children at one time) are a permitted uses by State Statue in all residential zoning districts
within the State of Minnesota and is therefore regulated by the State.
Currently in Eden Prairie day care facilities, outside of the family day care or group day care in
residential districts, occur in the commercial zoning districts under the umbrella of retail sales and
service. Day care facilities have also occurred in the office district as semi-commercial uses as
identified in the purpose statement for the office district. Day care facilities can be found in the
public zoning district as an accessory use to a permitted primary use .
The purpose of this code amendment is to 1) Define day care facility utilizing language that
simulates the state code definition. 2) Provide day care facility as a permitted use in zoning
districts other than those permitted by State Statue.
DISCUSSION:
Staff has conducted a regional code search for day care facility definitions and found most codes
identify day care facilities for child care or adult care as a period of less than 24 hour care and
outside of the place of residence. Based on research and a historical use perspective, staff proposes
that day care facilities are compatible in the commercial districts, office district, and as an
accessory use in the public district.
Staff proposes that the zoning districts identified above will specifically permit day care facilities
and provide Eden Prairie residents and workforce with convenient and close proximity to day care
locations. The State of Minnesota does require that child day care provide a minimum outdoor play
area based on the number of children served. The above identified zoning districts are conducive to
providing outdoor play area or will allow for a developer to plan for those outdoor play areas.
Staff recommends the following definition which mirrors the State definition of day care.
“Day care facility” - Any facility, public or private, which for gain or otherwise regularly
provides one or more persons with care, training, supervision, habilitation, rehabilitation, or
Staff Report – Code Amendment Day Care Services
June 22, 2017
Page 2
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development guidance on a regular basis, for periods of less than 24 hours per day, in a place
other than the person's own home.
Staff further proposes to amend City Code to provide day care facility as a permitted use in the
Commercial, Office, TOD, and TC Districts and as a permitted accessory use in the Public district.
STAFF RECOMMENDATION:
Staff recommends approval of the following Code amendments as represented in the Planning
Commission staff report dated 6/22/17:
• Amend Section 11.02 Definitions to include a definition for Day Care Facilities.
• Amend Section 11.20 Office District to include Day Care as a permitted use.
• Amend Section 11.25 Commercial District to include Day Care as a permitted use.
• Amend Section 11.26 Transit Oriented Development District to include Day Care as a
permitted use.
• Amend Section 11.27 Town Center District to include Day Care as a permitted use.
• Amend Section 11.28 Airport Commercial District to include Day Care as a permitted use.
• Amend Section 11.29 Airport Office District to include Day Care as a permitted use.
• Amend Section 11.35 Public District to include Day Care as an accessory use.
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PROJECT PROFILE – JUNE 26, 2017
PLANNING COMMISSION – JUNE 26, 2017
1. 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 06/08/17
Resident Notice Date N/A
Meeting Date 06/26/17
Notice to Paper Date 06/22/17
Resident Notice Date N/A
1st Meeting Date 07/11/17
2nd Meeting Date
PLANNING COMMISSION – JULY 10, 2017
1. 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 06/14/17
120 Day Deadline 10/12/17
Initial DRC review 04/13/17
Notice to Paper Date 06/22/17
Resident Notice Date 06/23/17
Meeting Date 07/10/17
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
CITY COUNCIL PUBLIC HEARING – JULY 11, 2017
CONSERVATION COMMISSION – JULY 11, 2017
HERITAGE PRESERVATION COMMISSION – JULY 17, 2017
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CITY COUNCIL CONSENT – AUGUST 8, 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 05/24/17
Resident Notice Date N/A
1st Meeting Date 06/13/17
2nd Meeting Date 08/08/17
IN BUT NOT SCHEDULED
1. 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
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
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
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APPROVED VARIANCES
TELECOMMUNICATION PROJECTS