Planning Commission - 03/24/2003 APPROVED MINUTES
EDEN PRAIRIE COMMUNITY PLANNING BOARD
MONDAY, MARCH 24, 2003 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Ken Brooks, Frantz Corneille, Randy Foote,
Vicki Koenig, Fred Seymour, Kathy Nelson,
Dave Steppat, Ray Stoelting, Paul Sodt.
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 Corneille called the meeting to order at 7:00 p.m. Present: Chair Corneille,
Commissioners Koenig, Nelson, Steppat, and Stoelting. Absent: Brooks, Foote,
Seymour, and Sodt.
II. APPROVAL OF AGENDA
MOTION by Steppat, second by Stoelting, to approve the agenda. Motion carried,
5-0.
III. MINUTES
A. Minutes of the February 24, 2003 Community Planning Board Meeting
MOTION by Koenig, second by Stoelting, to approve the minutes of the February
24, 2003 Community Planning Board Meeting. Motion carried, 5-0
IV. PUBLIC MEETINGS
V. PUBLIC HEARINGS
A. INGRAM PROPERTY by Todd Ingram. Request for Planned Unit Development
Concept Review on 5.19 acres, Planned Unit Development District Review with
waivers on 5.19 acres, Zoning District Change from Rural to R1-13.5 on 5.19 acres,
and Preliminary Plat of 5.19 acres into 10 lots and road right-of-way. Location:
9500 Stable Path. (TO BE CONTINUED)
Planning Board Minutes
March 24, 2003
Page 2
MOTION by Stoelting, second by Steppat, to continue the Planned Unit
Development Concept Review on 5.19 acres, Planned Unit Development District
Review with waivers on 5.19 acres, Zoning District Change from Rural to R1-13.5
on 5.19 acres, and Preliminary Plat of 5.19 acres into 10 lots and road right-of-way,
to the April 14, 2003 meeting. Motion carried, 5-0.
B. THE BLUFFS AT PURGATORY CREEK by O'Catarais, LLC. Request for
Zoning District Change from Rural to R1-22 on 10.55 acres, and Preliminary Plat of
10.55 acres into 3 lots and two outlots. Location: North of the terminus of Center
Drive.
John Helmer of 2300 West 97h Street in Bloomington stated that the plan consists of
a total of 10.55 acres to be platted into three lots. He said with staff s input they
came up with an alternative plan that will reduce tree loss, impacts and improve
storm water runoff and, as a result, he would like to resubmit a new plan which will
include a PUD.
Franzen stated there are two choices for the Board with this project. The first one is
the plan in the packet that meets City rules and regulations and the Board would be
obligated to approve this plan. The second would be to have the developer withdraw
this plan, publish the meeting in the legal newspaper, resubmit the new plan and
consider that one at a future Community Planning Board meeting. He stated the
developer came up with a better plan environmentally and he wants to present it to
the Board. Input from the neighbors regarding the cul-de-sac is important. He said
that City Engineer Gray met with some of the neighbors and Franzen asked Gray to
discuss the meeting.
Gray stated that the City plans to reconstruct the residential streets in the area off
Center Drive that consists of 100 homes. The original plans didn't have a cul-de-sac,
the streets were planned straight through. The cul-de-sac would need to be a public
street and the four property owners affected felt that retaining the current cul-de-sac
would be preferred. Currently there is not a permanent right-of-way and the City
would need to obtain easements from two of the property owners. If the property
owners are willing to do that, the City will pursue that, draw up the plans for the
permanent cul-de-sac and easement the City will need, if that's the Board's
preference.
Stoelting asked about public input. Franzen stated that if the Board were to go with
alternative plan, this public hearing would be closed and the current plan withdrawn.
The new plan will be submitted and new notices sent out. When it comes up before
the Board again, there will be public input at that time.
MOTION by Nelson, second by Stoelting, to close the public hearing. Motion
carried, 5-0.
Planning Board Minutes
March 24, 2003
Page 3
Nelson stated it seemed logical to continue this and have them return with the new
plan. Corneille stated that they would need to withdraw their application and
reapply and submit new plans. Nelson agreed this was the best option.
MOTION by Nelson, second by Stoelting, to accept the withdrawal of the
application by the proponent, return the development plans without prejudice, and
direct the proponent to reapply for a planned unit development. MOTION carried,
5-0.
C. LORENCE 3' ADDITION by Jon and Katie Thoma. Request for a
Comprehensive Guide Plan Change from Park/Open Space to Low Density
Residential on .05 acres, Comprehensive Guide Plan Change from Low Density
Residential to Park/Open Space on .05 acres, Zoning District Change from R1-13.5
to Public on .05 acres, Zoning District Change from Public to R1-13.5 on .05 acres,
and Preliminary Plat of 0.93 acres into 2 lots. Location: 17195 Valley View Road.
Franzen stated this project is a subdivision of one lot into two. The important aspect
of this is a swap of land making sure the private driveway is on private property.
The recommendation is for approval according to the recommendations on pages 2
and 3 of the staff report.
Nelson asked if the driveway would be located on Hames Way rather than Valley
View Drive. Gray responded the new house would. Mr. Thoma responded that the
old driveway will remain and the new one will be off of Hames.
Corneille asked about the proximity of the driveway to the pine trees. Fox
responded that they will be careful about retaining the trees; the existing root
systems shouldn't be disturbed.
MOTION by Stoelting, second by Koenig, to close the public hearing. Motion
carried, 5-0.
MOTION by Stoelting, second by Nelson, to approve a Comprehensive Guide
Plan Change from Park/Open Space to Low Density Residential on .05 acres,
Comprehensive Guide Plan Change from Low Density Residential to Park/Open
Space on .05 acres, Zoning District Change from R1-13.5 to Public on .05 acres,
Zoning District Change from Public to R1-13.5 on .05 acres, and Preliminary Plat of
0.93 acres into 2 lots and 1 outlot,based on plans dated March 5, 2003, subject to the
recommendations of the staff report dated March 21, 2003, to the City Council.
Motion carried, 5- 0.
D. CITY CENTER PARKING EXPANSION by City of Eden Prairie. Request for
Planned Unit Development Concept Amendment on 30 acres, Planned Unit
Development District Review with waivers on 30 acres, Zoning District Amendment
Planning Board Minutes
March 24, 2003
Page 4
within the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres.
Location: 8080 Mitchell Road.
Franzen stated this is a plan to add parking spaces and widen the fire station entrance
to allow for better entering and exiting for fire vehicles. It would also provide for
another entrance to the parking lot which will be constructed at the end of the school
year. Construction should be complete before the start of school in the fall.
Steppat stated he noticed the right-of-way was wider than normal and asked if there
are safety issues for this with the fire department vehicles sharing the driveway with
other vehicles. Gray responded that there shouldn't be any problems since emergency
vehicles share the roadway with other vehicles; it will provide a two lane approach.
MOTION by Koenig, second by Nelson, to close the public hearing. Motion
carried, 5-0.
MOTION by Koenig, second by Stoelting, to approve the Planned Unit
Development Concept Amendment on 30 acres, Planned Unit Development District
Review with waivers on 30 acres, Zoning District Amendment within the I-5 Zoning
District on 30 acres, and Site Plan Review on 30 acres, based on plans dated March
19, 2003, and subject to the recommendations of the staff report dated March
21, 2003, to the City Council. Motion carried, 5-0.
E. CODE AMENDMENT RELATED TO OUTDOOR STORAGE & DISPLAYS,
SALES OF PRODUCE Request for amendment to Section 11.03 of the City Code
related to outdoor storage and displays by exempting farmers from the 60-day
time period.
Franzen stated that this is to allow farmers to sell produce throughout the whole
year. The 60 day time limit would be consistent with the state statute and support
local farmers and growers by making them exempt.
Nelson asked if this applied to farmers who sold produce in parking lots or if it was
intended for sale on their own property. Franzen responded that commercial property
can allow sales of produce. Nelson asked if that means they could put up tents in
parking lots without being regulated. Franzen stated they would be regulated
according to the location and how much space they utilize. Most of the time it
would be one or two parking spaces which is allowed by City Code. Nelson asked if
they wanted more space would they need formal approval. Franzen responded that if
they wanted to do something different than what was allowed in the code, they
would need to come before the board for a variance. Corneille asked whether the
wording on page 11, 1, item A, which states "it shall not apply to farmers who sell
produce on the farm on land occupied and cultivated by themselves" replaces the
original wording. Franzen replied that it didn't replace it.
Planning Board Minutes
March 24, 2003
Page 5
Steppat asked if the code on outdoor sales and display applied to all other activities.
Franzen responded that all commercial sites can have limited outdoor sales and
displays. Businesses such as Wal Mart, Home Depot and other large retailers have
larger outdoor display areas for which they received variances.
Stoelting asked Franzen if the temporary outdoor display area requires a permit. He
said it appeared that there are eight conditions that define temporary outdoor display
areas. He asked whether this involved a permit application or was an automatic kind
of thing. Franzen responded that applications are required. Stoelting asked if the
intent of this code change was to exempt these people from the permit application
process. Franzen responded it's only an exemption from the time-frame.
Nelson asked if this has to be farm produce the farmers cultivated themselves or can
they sell other items imported from other areas. Franzen stated that the intent is to
restrict it to what is grown on their property and they need to supply us with proof
that they own the property the produce is grown on. Nelson asked if this applied just
to Eden Prairie farmers or any farmers. Franzen responded any farmer could sell
produce.
MOTION by Koenig, second by Steppat, to close the public hearing. Motion
carried, 5-0.
MOTION by Koenig, second by Steppat, to approve Section 11.03 of the City
Code related to outdoor storage and displays by exempting farmers from the 60-day
time period, subject to the recommendations of the staff report dated March 12,
2003, and subject to the recommendations of the staff report dated March 21,
2003, to the City Council. Motion carried, 5-0.
VI. MEMBERS REPORTS
VII. CONTINUING BUSINESS
VIII. NEW BUSINESS
IX. PLANNERS'REPORTS
A. Review of Court Case - Chisago County
Franzen said that the decision states that if a project meets all the city rules and
regulations and planning board doesn't like the plan for some reason, it can't use
arbitrary reasons for not approving a project. Approval or denial has to be based on
city rules and regulations.
Stoelting stated that he gets the sense the guide plan doesn't take precedence over
zoning or ordinances. In the Chisago County case the Board of Commissioners were
Planning Board Minutes
March 24, 2003
Page 6
using the guide plan to deny the project. He questioned how the Eden Prairie
Community Planning Board looks at the Guide Plan in making decisions.
Franzen replied the comprehensive guide plan is the guide for the City; the zoning
code is the legal method for implementing the goals of the plan. If the City does not
like how developments look or are not consistent with the City vision, than the vision
and rules need to be changed, not the project.
Koenig asked if legally the Board can't deny a plan if it doesn't follow the guide plan.
Franzen said that if the project is guided correctly it has to be approved, if a piece of
property is guided low density residential and the proponent wants to rezone it office,
it can be denied on the basis that it is not consistent with the comprehensive guide
plan.
Steppat asked it a project met all of the zoning requirements but is still a bad project,
how that would be addressed. Franzen responded that staff encourages all developers
to do the best possible design and looks for ways to improve a project without adding
significant costs.
Stoelting stated that during the board interview process with the Council, there was
discussion about the Board of Appeals. He asked whether they will become part of
the Planning Board. Franzen replied that the Board of Appeals has been merged with
the Planning Board. This will take affect in late April or early May. The variance
process will be a more detailed look at projects.
X. ADJOURNMENT
Koenig thanked Corneille for his three years of service, Nelson agreed that he has done
an excellent job and will be missed, planning members concurred.
MOTION by Stoelting, second by Koenig to adjourn. Motion carried, 5-0.
There being no further business, the meeting adjourned at 8:30 p.m.