Planning Commission - 01/12/2004 APPROVED MINUTES
EDEN PRAIRIE COMMUNITY PLANNING BOARD
MONDAY,JANUARY 12, 2004 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, Bill Sutherland
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Mike Franzen, City Planner
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 Brooks, Foote, Koenig, Seymour, Steppat, and Sutherland.
Absent: Nelson
II. APPROVAL OF AGENDA
MOTION by Foote, second by Koenig, to approve the agenda. Motion carried, 7-0
III. MINUTES
A. Minutes of the December 8, 2003 Community Planning Board Meeting
Steppat stated on page 11, 2nd to the last paragraph, 1st line should begin: "Stoelting
asked".
MOTION by Sutherland, second by Seymour, to approve the minutes. Motion
passed 7-0
IV. PUBLIC MEETINGS
V. PUBLIC HEARINGS
A. BROOKVIEW RIDGE by David and Patricia Smith. Request for Planned Unit
Development Concept Review on 4.56 acres, Planned Unit Development District
Review with waivers on 4.56 acres, Zoning District Change from Rural to R1-22 on
4.56 acres, and Preliminary Plat of 4.56 acres into 5 lots. Location: 9780 Brookview
Circle.
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January 12, 2004
Page 2
Franzen stated the development plan has changed and the proponent will be
eliminating one lot, reducing tree loss and retaining walls. Franzen stated this project
has been continued several times and the hearing should be closed. A public hearing
is scheduled for January 26, 2004 for the new development plan and notices will be
sent for that meeting.
MOTION by Brooks, second by Steppat, to close the public hearing and return the
plans to the proponent without prejudice. Motion carried, 7-0
B. LAMETTRY TIRE SHOP by Richard LaMettry. Zoning District Change from
Rural to Commercial Regional Service on 1.22 acres and Site Plan Review on 1.22
acres. Location: East of Plaza Drive, west of I-494.
Darrin Botts presented the project. He stated it will be an automobile center and will
be located at I-494 and Highway 5. He stated the business will be accessed from
Plaza Drive.
Franzen stated this project is a permitted use in a commercial zoning district. He
stated there are two items that need to be revised prior to council, the trash enclosure
constructed of brick on three sides with a door and a parapet wall to screen
mechanical equipment on the roof. He stated the edge of the wetland delineation
needs to be shown on the plans to demonstrate there are sufficient buffers to the
wetland.
Foote asked staff if there was concern regarding sight lines because of the curve of
the roadway. Gray responded sight lines shouldn't be a problem, if the business
were located on the other side of the road it would be more of a concern. He said this
type of business isn't a huge traffic generator and it is very workable in this location.
He stated there are areas on the curve of the road that are more sight restrictive.
Koenig asked why the proponent has provided for 48 parking spaces when the city
only requires 19 or 20. The proponent responded during the early part of the project
the calculations were based on the future square footage of the building.
Koenig asked staff if they could require proof of parking rather than putting in that
many parking spaces. Franzen stated staff is open to either option but if the number
of spaces are limited it would be more restrictive to future owners of the property.
Koenig asked if they could delineate the wetland permanently so there is some type
of marker. Franzen responded there can be and this is usually a standard marker.
She asked whether there will be a cash park fee. Franzen responded no, since the
project is not a subdivision. He said the park fees would have been paid at the time
of the development of Menards Addition.
Stoelting asked about signage for the development. Mr. Botts responded there is
signage on the east side of the building located above the doors.
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January 12, 2004
Page 3
MOTION by Steppat, second by Koenig, to close the public hearing. Motion
carried, 7-0
MOTION by Steppat, second by Foote, to recommend approval of a Zoning District
Change from Rural to Commercial Regional Service on 1.22 acres and Site Plan
Review on 1.22 acres,based on plans dated January 6, 2004, subject to the
recommendations of the staff report dated January 9, 2004, to the City Council.
Koenig asked for an amendment stating the approval is subject to the additional
recommendation that the wetlands be delineated with standard City markers. All
members voted in favor of the amended motion. Motion carried, 7-0
C. VIKING COLLECTIONS PARKING by Kloeckner Limited Partnership. Planned
Unit Development Concept Amendment on 4.42 acres, Planned Unit Development
District Review with waivers on 4.42 acres, Zoning District Amendment in the
Office Zoning District on 4.42 acres, and Site Plan Review on 4.42 acres. Location:
7500 and 7544 Market Place Drive.
Dan O'Brien presented the project. He said Viking Collections is a collection agency
and currently occupies 2/3 of the building and are expanding onto the third floor.
They are needing more parking as employees are parking on the streets. They would
like to expand their parking to an off-site location. He said this is a temporary
solution and when they move out of the building the site would be redeveloped into a
traditional office building sometime in the future.
Franzen stated this parking is considered an interim use and the property is too
highly valued to remain a parking lot for a long period of time. He stated the last off-
site parking lot the city approved was for Best Buy which consisted of 240 parking
spaces across the street from the Best Buy building.
Steppat asked when they are anticipated to move out. O'Brien responded probably in
the spring or summer. Seymour asked the number of employees. O'Brien
responded he's not sure about it but there is a huge demand for parking. Sutherland
asked if the intent of the parking lot was for employee parking and whether they do
vehicle repossessing and, if so, he would not be for using the parking for repossessed
vehicles. The proponent responded Viking is not involved in repossessing vehicles.
Stoelting asked why City Code requires parking to be on the same parcel as the
structure it is to serve. Franzen responded the intent of the code is to prevent shared
parking between different developments that have the same peak parking demands
and to minimize parking on public streets.
Stoelting asked how the employees will get from the parking lot to the building.
O'Brien showed a site plan and stated there are sidewalks in the area of the parking
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January 12, 2004
Page 4
lot. They would have to walk through the parking lot across Office Ridge Circle and
to the building. There really was no good solution for a sidewalk. Stoelting asked
staff if there are safety concerns for the employee pedestrians and vehicular traffic.
Franzen responded if there was a public road through the development, they could
put sidewalks in place. Because of the berms and plantings there is no practical way
to build a sidewalk. Gray responded at places like Wal-Mart people walk in the
drive aisles and cars and people must watch out for each other. This lot will be used
for overflow parking on those days it's needed. Gray stated this is in the private
domain to some extent. As long as the other tenants are comfortable with
pedestrians cutting through certain areas, it shouldn't be a problem.
Foote referred to the travel demand management plan and asked whether all the
businesses were required to participate. Gray stated Eden Prairie is one of the few
communities that require this type of thing consistently from the business
community. He said the largest single opportunity to improve traffic in the Twin
Cities is to increase the number of people in the vehicles but there is a high
resistance to carpooling. If it could be considered politically correct, like recycling, it
would be accepted but there just isn't that kind of interest in carpooling. The benefits
are unlimited in terms of air quality, less traffic congestion and improved safety.
Foote stated the City has done a study on how successful the Travel Demand
Management Plan has been with local businesses. Gray responded it would be
difficult to determine because someone would have to count the number of
occupants in the cars.
Brooks stated Viking Collection has outgrown their facility and the parking. They
are located in an area too small for them. He said there isn't going to be a van or
pick up and delivery of the employees from the parking lot to the building. It's also
important to take into account the Minnesota weather. They would be better suited
to locate their business somewhere else. He asked about the approval and how long
they would be allowed to park off-site and whether it could be for a limited amount
of time, 18-24 months. Franzen responded that it is a big investment for the
company to construct a permanent parking lot if they could only use it for a limited
amount of time. Franzen stated because of the number of employees with Viking
Collection, they would have difficulty finding a site with enough parking anywhere
in the region. Most parking ordinances require 4 to 5 spaces per 1,000. They have 9
spaces per 1,000 currently.
Koenig asked if the City would be liable for accidents because they are not providing
sidewalks within the complex. Gray responded he doesn't know if the City would be
legally liable. The employer would have the primary duty to provide a safe
environment for their employees which is over and above the liability the City would
have. Gray said there are parking lots all over town. The incident levels are not
significant regarding pedestrians and vehicles. This is not being detected and it's
very unlikely to happen. Koenig stated the concern is the number of pedestrians.
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January 12, 2004
Page 5
Gray stated once the facility is in service, a pattern will develop. There are
employees who are regulars. Those people will use a path to get there to reduce the
conflict with traffic and vehicular traffic will get used to the pedestrian's patterns.
O'Brien stated he is an owner of a building in that area. He said with Viking
Collection the employees arrive in the morning and leave in the evening.
Koenig asked if any of the other businesses in the complex had been contacted and if
they had any comment about this. O'Brien responded there have been ongoing
discussions between Viking and the Lakewood Office Park Association regarding
shared parking. There is a cross parking and use easement on site. There is no
opposition to the additional parking.
Koenig asked staff whether speed limit signs or"watch for pedestrian" signs could
be installed. Gray stated they could post the speed limit and that would be feasible.
Steppat stated that this looks like a successful business who may move on someday.
This is a less than ideal situation but it will work for the company. It's important
that people use caution and, although it's not ideal, it's plausible.
Koenig stated that if they do stay there permanently and it becomes a long-term
solution, that parking area will prevent another business from locating there.
Sutherland stated he agreed with the earlier comment that this is less than ideal but
workable. There may be other options down the road.
Brooks asked if they will lease the site from the owner. O'Brien stated they will
purchase the property. Brooks asked how the employees will navigate from the
parking lot to the building. O'Brien showed on the site plan the walking paths they
will be likely to take. Brooks asked staff whether there will be standard lighting,
Franzen responded there will be lighting.
MOTION by Steppat, second by Koenig to close the public hearing. Motion
carried, 7-0
MOTION by Sutherland, second by Seymour to recommend approval of a Planned
Unit Development Concept Amendment on 4.42 acres, Planned Unit Development
District Review with waivers on 4.42 acres, Zoning District Amendment in the
Office Zoning District on 4.42 acres, and Site Plan Review on 4.42 acres, based on
plans dated December 3, 2003, subject to the recommendations of the staff report
dated January 9, 2004, to the City Council. Motion carried 6-1, Koenig voted nay
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January 12, 2004
Page 6
D. SHORELAND MANAGEMENT City Code Section 11.50
Franzen stated the first item has to do with a threshold change for land alteration in
the shoreland area. Code requires the board and council would have to review all
land alterations in shoreland areas regardless of the amount of land disturbed. This
would create a burden on the City to review hundreds of permits per year and an
inconvenience for homeowners. The threshold would now be 100 cubic yards or
more.
The last two items are what the City Attorney has suggested as reasons for approving
or denying variances and waivers. Staff recommendation is to approve the
ordinance.
Steppat asked whether the wording "Board of Adjustments and Appeals" should be
removed from the code since the board no longer exists. Franzen responded it would
have been too costly to delete all the Board of Adjustments and Appeals references
in the City Code and so code was amended to have the Community Planning Board
assume the responsibilities of the Board of Adjustments and Appeals.
Koenig asked whether those homes in the major center area that have conditional use
permits would need to reapply for a permit. Franzen responded that people can have
an office in their home and if it occupies a portion of the house. The conditional use
permit is required when people want the entire house used for office.
MOTION by Steppat, second by Koenig, to close the public hearing. Motion
carried, 7-0
MOTION by Steppat, second by Koenig to approve the shoreland management
ordinance, City Code Section 11.50.
VI. MEMBERS' REPORTS
VII. CONTINUING BUSINESS
VIII. NEW BUSINESS
Brooks asked about the stock-piled iron on the corner of Anderson Lake Parkway and Flying
Cloud Drive what is being built there. Franzen responded the final office building of the
approved plan. One of the tenants is CH Robinson.
Koenig asked about Wooddale Church's landscape plan and whether they are following the
approved plan. She stated she had driven by and noticed the remaining cottonwood trees.
Fox responded that Wooddale is following the plan and the cottonwood trees are in the right-
of-way between the parking lot and Bryant Lake Drive
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January 12, 2004
Page 7
IX. PLANNERS' REPORTS
X. ADJOURNMENT
MOTION by Sutherland, second by Seymour to adjourn. Motion passed, 7-0.
There being no further business, the meeting adjourned at 8:08 p.m.