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HomeMy WebLinkAboutPlanning Commission - 07/28/2003 APPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY,JULY 28, 2003 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Ken Brooks, Randy Foote, Vicki Koenig, Fred Seymour, Kathy Nelson, Dave Steppat, Ray Stoelting, Paul Sodt, Bill Sutherland STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Mike Franzen, City Planner Al Gray, City Engineer Jane Hovind, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Present: Chair Stoelting, Commissioners Foote, Koenig, Nelson, Seymour, Sodt, Steppat, and Sutherland. Absent: Brooks II. APPROVAL OF AGENDA MOTION by Steppat, second by Koenig, to approve the agenda. Motion carried, 8-0 III. MINUTES A. Minutes of the July 14, 2003 Community Planning Board Meeting Koenig stated the first line of the first paragraph on page 6 should read "will" instead of should. Steppat stated the first line of the 7th paragraph on page six should read "He was not concerned at this time about density but will be interested in seeing the architecture." MOTION by Koenig, second by Steppat, to approve the minutes of the July 14, 2003 Community Planning Board Meeting. Motion carried, 6-0. Abstentions: Foote and Seymour IV. PUBLIC MEETINGS Planning Board Minutes July 28, 2003 Page 2 V. PUBLIC HEARINGS A. EDEN PRAIRIE CEMETERY EXPANSION by Eden Prairie Cemetery Association, Inc. Request for Zoning District Change from R1-13.5 to Public on 1 acre. Location: West of Eden Prairie Road, north and east of Cottonwood Lane. Michael Rogers, Chairman of the Board of the Eden Prairie Cemetery Association,presented the project. He spoke about the history of the cemetery and acquisition of land over the years. He said the Board would like to extend the cemetery into Outlot B and will be using that property in approximately 30-35 years. He stated they plan to buffer the area with pine trees which should grow to maturity by the time the area is utilized. Franzen stated the rezoning to public would be consistent with the comprehensive guide plan. He said staff would like the tree installation to occur before they start utilizing the expansion area. He said if they planted the trees now, they would be mature and provide a buffer, and they would not have to bond for them later. Ken Carney, 8841 Cottonwood Lane, stated his property backs up to the cemetery. He said he had no problems with the expansion and rezoning. He was concerned about the area on the southeast side of the site where they've been removing mature trees which had been a buffer for the neighborhood from the cemetery and Eden Prairie Road. He stated six foot evergreens are not substantial enough to screen the cemetery from the homes. He said the residents were told that the tree removal had to do with drainage but there was also a lot of fill in the area. Rogers responded that the trees removed were primarily box elder. He stated they also want to make sure to have as much buffer as is necessary and realize they will need to work with the southeast section to buffer the cemetery from the neighbors. He said the construction along Eden Prairie Road resulted in the removal of some dying pine trees. He stated in regard to the grading, a ditch was filled and the area landscaped which included contouring to improve slope and drainage. Nelson asked if evergreen seedlings would be a better choice to add to that area since they provide better screening. She said when planting seedlings they may want to plant a double row which would allow for replacement of dead trees and transplanting. She stated it was important to retain some longer lasting trees. Rogers stated that the area is shaded much of the time and evergreens may not survive. He said they would do whatever needs to be done to buffer that area. MOTION by Sodt, second by Nelson, to close the public hearing. Motion carried, 8-0 Planning Board Minutes July 28, 2003 Page 3 MOTION by Koenig, second by Steppat, to recommend approval of a Zoning District Change from R1-13.5 to Public on 1 acre,based on plans dated July 14, 2003, subject to the recommendations of the staff report dated July 25, 2003, to the City Council. Motion carried, 8-0 B. VARIANCE#2003-05 for Sterling Fence: owner Doug McCann for property at 13480 Pioneer Trail, Eden Prairie, Minnesota. To permit approval for: 1. Outside storage of 12 trucks over 3/4 ton (Code limits outside vehicle parking to vehicles not exceeding 3/4 ton); 2. Outside storage of fence construction materials (Code requires materials, supplies, and equipment to be in an enclosed building); 3. Permit parking to continue at a 0' setback from the property south lot line (Code requires a 10 foot minimum setback for parking). Doug McCann presented the variance. He stated he has been in business for a number of years and when he located there two years ago a variance was granted for outside storage. He said he has kept the area as clean as possible and is requesting a five year variance for outdoor storage. Franzen stated interim use is a good characterization of the property. He said when the fence company moved in there was concern that the use would not be compatible with future office buildings to the east. Staff is recommending that if this is approved, it should be for a two year time period. Koenig asked staff who owned the property behind Sterling Fence. Fox responded that it is City owned property. Koenig asked how many acres there were. Fox responded he wasn't sure but there are several parcels. Koenig stated she assumed this property would not be developed. Fox responded it would not. Koenig asked why this business doesn't fit with the office to the east. Franzen said outdoor storage is a permitted use in I-General zoning provided the materials are screened. The City has worked towards eliminating I-General zoning to convert the land to higher and better uses. He stated the City has allowed this in other industrial areas but only as an interim use. With this extension of utilities the site to the east will develop into a more traditional office and industrial development and outdoor storage is a visual impact on this future use. Since the market is soft, a 2 year condition for outdoor storage is reasonable. Koenig asked whether there were any other sites that were granted a variance for outside storage. Franzen responded there was a plant nursery with outside storage in the area which is now the site of the Crosstown athletic facility. Koenig asked if the they could approve a five year time limit. Franzen stated that the time limit is up to the Board. Sodt stated the area may change in the future and he made two Planning Board Minutes July 28, 2003 Page 4 points 1) the two year limit is a good idea and 2) Mr. McCann needs to plan ahead for inside storage in the future. Steppat asked if Mr. McCann had any plans for inside storage. Mr. McCann responded that it would mean running the business differently. He stated he is currently leasing part of his building to help pay for costs and it would be a major change to store indoors. Koenig stated there doesn't appear to be any other place to store items but in your current building. Sodt stated he could put a building in the fenced area on the property and use it for storage. McCann stated he could plan for it in the future. Foote stated he agreed with Sodt in that the variance should be reviewed every two years. Seymour stated he agreed about the two year limit. He asked staff for an updated timetable of the office project in the area. Franzen stated the owners don't have any tenants and won't start building until they are 60% leased. Koenig asked Mr. McCann if a two year variance would be a hardship for him. He responded it would not. Koenig stated she would like to go with the five year but realizes the other members would like a two year limit. MOTION by Sodt, second by Koenig, to close the public hearing. Motion carried, 8-0 MOTION by Sodt, second by Steppat, to recommend approval of the following variances based on plans dated July 14, 2003, subject to the recommendations of the staff report dated July 25, 2003, which includes a two year time period for the variance and direction for the proponent to prepare for inside storage of trucks and materials and the following: 1. Variance to permit the outside storage of 12 trucks over 3/4 ton for a 2 year period. 2. Variance to permit outdoor storage of fence construction materials for a 2 year period. 3. Variance for parking setback from 10 to zero feet from the side lot line for a 2 year period. Motion carried, 8-0 Steppat left the meeting at 7:40 p.m. C. VARIANCE #2003-06 for Nathan Bergeland for property located at 7012 Willow Creek Road, Eden Prairie, MN Planning Board Minutes July 28, 2003 Page 5 To permit approval for: A 100' principal structure setback from the SW Ordinary High Water Level of Bryant Lake and a 75 foot principal structure setback from the SE Ordinary High Water Level of Bryant Lake. Rich Boumeester presented the variance request. He stated Mr. Bergeland is requesting an extension to the setback variance. He said the plans were redrawn, submitted to the City and approved by the Building Inspections Department. The plans are complete but the variance has expired. Franzen stated there is history with this property dating back several years to the Perkins Subdivision. In 1998 there was a subdivision which created three lots and variances were granted which allowed setbacks of 75 feet on one side and 100 feet on the other. There was discussion as to leaving the house as it was or tearing it down and building a new one. The Council decided that the house should be torn down and a new one built according to the approved plans of the original subdivision. The extension of this variance should get the construction under way. Nelson stated with the history and research that has been done on this property, she was for approval of the extension of the variance since it has been reviewed thoroughly. Koenig asked if it would be a two year extension since the letter requests an indefinite extension. Franzen responded the Board can determine the length of time for this variance. Sodt stated that he hopes that next time it comes in the drawings are more clear and easier to read. MOTION by Sodt, second by Nelson, to close the public hearing. Motion carried, 7-0. Abstention: Steppat MOTION by Nelson, second by Foote, recommend approval of the following variance based on plans dated July 3, 2003, subject to the recommendations of the staff report dated July 25, 2003. Motion carried, 7-0. Abstention: Steppat 1. Variance to permit a 100 foot principal structure setback from the SW Ordinary High Water Level of Bryant Lake and a 75 foot principal structure setback from the SE Ordinary High Water Level of Bryant Lake Steppat returned to the meeting at 7:45 p.m. VI. MEMBERS REPORTS Planning Board Minutes July 28, 2003 Page 6 Nelson stated that when she was looking at Sterling Fence property, she noticed across the road there was outside storage of trucks and other materials. She said those businesses don't appear to be in compliance with the outdoor storage. She asked staff to take a look at them and make sure they are in compliance. Stoelting asked staff how they are regulating these areas. Franzen responded there are a handful of businesses in town that were in operation before zoning requirements came into effect; they have been grandfathered in and are allowed to have use of the property as it existed before the codes were changed. If they have inoperative vehicles in the setbacks, they can be told to remove them. Another option would be to not allow any alteration of the property so it can be purchased for redevelopment for another type of use. The best thing for staff to do is check out the areas and come up with an action plan to correct deficiencies. Nelson stated she would like these businesses brought into compliance with other businesses in the area. Sodt stated they had discussed the enforcement of this type of thing in the past. He asked if there was anything the Board could do or the City could do to identify these types of things; perhaps some publicity asking citizens to watch for these kinds of things. Franzen responded City Staff answers 800 - 1,000 phone calls each year that are calling about violations to City Code in the community. He said that the City is almost fully developed and the future emphasis is on maintenance and enhancement. This is similar to more established communities such as St. Louis Park. He stated staff will look at other fully developed cities to see how they're successful in monitoring and maintaining their cities. Sodt stated he would like staff to track those calls for a month to see where they were coming from. Stoelting stated the idea of talking to other cities would be a good idea. He asked if City staff could do this and report to the Board at a future meeting. Koenig said the 800— 1,000 calls wasn't that surprising. She stated residents are very aware of what's happening in their areas and she would like to see how other cities address these problems. Stoelting asked Franzen to determine the types and numbers of calls. Koenig stated that if the Board is concerned about a certain piece of property, they could drive by to see whether the site is meeting their requirements. VII. CONTINUING BUSINESS VIII. NEW BUSINESS IX. PLANNERS' REPORTS Franzen informed the Board members there will be no August 11 meeting because there are no public hearings scheduled. Planning Board Minutes July 28, 2003 Page 7 Franzen updated the Board on the design of the banners for SW Station. He stated they have a different design and colors. He showed an example to the Board. This plan was presented to the City Council at a recent meeting as an amendment to the approved plan. The Council approved the new banner design. Foote stated he took the bus and saw two of the banners hanging up and was surprised because it wasn't what the Board had approved but it looked good. Nelson stated the whole SW Station project is looking very good. Steppat stated that he would like an update on the Vikings stadium issue. Franzen stated staff would do this after there has been some further discussions with the Vikings. X. ADJOURNMENT MOTION by Koenig, second by Nelson to adjourn. Motion carried, 8-0 There being no further business, the meeting adjourned at 8:05 p.m.