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Planning Commission - 08/22/2022APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 22, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, 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 Absent were Pieper and Mette. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Markos to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Kirk moved, seconded by Gooding to approve the minutes of August 8, 2022. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. CODE AMENDMENT FOR SIGNS Request for: • Amend City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts Barnhart presented the staff report. This Code Amendment would amend the City Code Chapter 11 and impact the three zoning districts listed (RM-2.5, Office and Town Center/all TOD). This was Phase II of the Sign Code Change, Phase I having implemented content neutrality. Signage for multifamily residential PLANNING COMMISSION MINUTES August 22, 2022 Page 2 buildings would allow for 25 square feet, up from 6 square feet. Signage for the Office Zoning District would increase freestanding signs from 50 square feet to 80 and increase wall signage on large walls (2,500 square feet and more) to two percent of the wall area, up to 150 square feet. Wall signage for multi-tenant buildings would remain the same. The Town Center and TOD Districts would see the greatest change: it would add regulations for freestanding signs, 80 square feet or 36 square feet for a corner lot. Residential freestanding signs in this district would be limited to 32 square feet. Wall signs would allow up to 15 percent of the wall area or for larger walls (500 square feet and above), 75 square feet plus five percent of the wall area. A residential wall would allow up to 25 square feet and a height adjusted sign limit up to 50 square feet. Awning, A-Frame or Sandwich Board, and projecting signs would also be allowed under certain parameters. The amendments also included some housekeeping items to clarify existing language with to provide consistency in application and enforcement of the code. Kirk asked Barnhart to characterize Eden Prairie in relation to signs. Barnhart Eden Prairie pride in built environment signage is one of the first things noticeable about the City and this draft was consistent with that overall image without being permissive. This Code change opened a door but not excessively. Kirk and Farr agreed. Farr added he remembered a conversation in which the City Council would extend leniency to retailers struggling due to the pandemic and this allowed some nonconforming, “feather” signs and wondered if this “olive branch gesture” was coming to a stop with this Code Amendment. Barnhart replied enforcement was complaint-based, yet the City would remain helpful to struggling retailers. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 7-0. MOTION: Gooding moved, seconded by Kirk to recommend approval of the Amendment to the City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts based on the staff report dated August 22, 2022, and the attached sign code language. Motion carried 7-0. B. CODE AMENDMENT FOR TEMPORARY SALES EVENTS Request for: • Amend City Code to allow temporary sales events for retailers Barnhart presented the staff report. This Code Amendment would create another opportunity for the business community to hold events. Temporary outdoor displays were allowed at present, based on a percentage of the base area of the building and allowed to impact a small (0.05) percentage of parking PLANNING COMMISSION MINUTES August 22, 2022 Page 3 encroachment allowed. This change would allow for temporary sales event/special events, up to four percent of the base area of the business. Up to four events per calendar year would be allowed per parcel. The limitation was intended to not allow for “perpetual” special events but true temporary sales. Gooding gave an example of a “special sale” that was similar to the concern expressed by the staff at Eden Prairie Mall and asked how restrictive the language was in the Code change as applied to sales of items the business did not normally sell. Barnhart replied the intent was to restrict the type of product, not the brand, so the business would not be restricted from selling a new brand in a special sale. The four-day restriction would include setup and takedown. Markos asked if businesses could ask for special exemptions, such as with multiple vendors having special sales. Barnhart replied nothing was off the table for negotiations. The Code allowed for certain parameters of use and the business owner/applicant could apply for a variance or be governed via a PUD Agreement requiring a public hearing. Farr asked if landlords of multi-tenant retail buildings should be notified, since they might be asked to track their tenants’ requests. Barnhart replied there would be outreach so that all affected business owners were informed up front. Farr asked for and received clarification that the four percentage of the business base would be applied across the board. Barnhart also clarified that not all tenants of a building were commercial, so those would not be included in the percentage. Discussion followed on the need to address the specific concerns of the general manager of Eden Prairie Mall before voting on this Code Amendment. The commission agreed, with the exception of Sherwood, that while the request was legitimate, there were other ways to address this request with delaying the vote. Barnhart stated Scheels at Eden Prairie Mall was asking for a special event, which triggered the urgency in this change. MOTION: Grote moved, seconded by Sherwood to close the public hearing. Motion carried 7-0. MOTION: Grote moved, seconded by Kirk to recommend approval of the Code Amendment Chapter 11 Temporary Sales Events, based on the staff report dated August 22, 2022. Motion carried 6-1 (nay vote by Gooding). PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT PLANNING COMMISSION MINUTES August 22, 2022 Page 4 MOTION: Markos moved, seconded by Grote to adjourn. Motion carried 7-0. The meeting was adjourned at 7:48 p.m.