Planning Commission - 03/12/2007 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 12, 2007 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Fred Seymour, Ray Stoelting, Jon Stoltz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Mike Franzen, City Planner
Scott Kipp, Senior Planner
Regina Herron, Planner II
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig.
II. APPROVAL OF AGENDA
MOTION by Seymour, seconded by Stoltz, to approve the agenda. Motion carried 7-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON FEBRUARY 26, 2007
Pitzrick had one change on page 3, paragraph 5, sentence 1. Kirk should be changed to
Pitzrick.
MOTION by Rocheford, seconded by Seymour, to approve the minutes as amended.
Motion carried 5-0. Kirk and Stoltz abstained.
IV. PUBLIC MEETING
V. INFORMATIONAL MEETINGS
VI. PUBLIC HEARINGS
A. VARIANCE#2007-04 - Continued from February 26, 2007
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March 12, 2007
Page 2
Request:
To permit a front yard setback of 23.l' for a garage addition from the front lot
line along Riverview Road. City Code requires a 30' front yard setback.
Herron stated the applicant has withdrawn the request for variance.
MOTION by Kirk, seconded by Seymour, to move to accept the letter of
withdrawal from the property owner, close the public hearing, and return the
application and plans back to the property owner, without prejudice. Motion
carried 7-0.
B. OAK CREEK AT HENNEPIN VILLAGE
Request for:
Guide Plan Change from Public Open Space to Medium Density Residential on
3.1 acres and from Medium Density Residential to Public Open Space on 3.2
acres; Planned Unit Development concept Review on 73.7 acres; Planned Unit
Development District Review on 73.7 acres; Zoning District Change from Rural
to R1-9.5 on 18.74 acres; Zoning District Change from Rural to R1-13.5 on 2.0
acres; Preliminary Plat of 73.7 acres into 96 lots and 6 outlots.
Kipp said Pemtom Land Company has requested this project be continued to the
May 14, 2007 Planning Commission meeting, and accept an extension of the
review period until August 7, 2007.
MOTION by Powell, seconded by Rocheford, to continue the Oak Creek at
Hennepin Village project to the May 14, 2007 Planning Commission meeting and
accept an extension of the review period until August 7, 2007. Motion carried 7-
0.
C. WILLIAM SMALL PROPERTY
Request for:
Zoning District Change from Rural to R1-13.5 on 5.01 acres; Preliminary Plat of
5.01 acres into nine lots and road right-of-way.
Kipp said Pemtom Land Company has requested this project be continued until
the May 14, 2007 Planning Commission meeting, and accept an extension of the
review period until August 7, 2007.
MOTION by Stoltz, seconded by Seymour, to continue the William Small
project to the May 14, 2007 Planning Commission meeting and accept an
extension of the review period until August 7, 2007. Motion carried
7-0.
D. LOCK UP PUD AMENDMENT
Request for:
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March 12, 2007
Page 3
Planned Unit Development concept Amendment on 2.11 acres; Planned Unit
Development District Review with waivers on 2.11 acres; Zoning District
Amendment within the Commercial Regional Service Zoning District on 2.11
acres; Site Plan Review on 2.11 acres.
Peter Beck, attorney for BRB Development, presented the proposal. He stated on
December 19, 2006, the City Council approved the Lock Up Development with a
71,187 square foot self-storage building. They are here tonight to request a
72,726 square foot building. He stated the engineering changes would be very
minimal and all the other items would stay the same.
Pitzrick speculated on the north elevation that it would appear there is a change in
the sign and asked Mr. Beck if that was correct. Mr. Beck stated there would be
no change in the sign.
Stoelting asked Herron to review the staff report. Herron stated the Staff
recommends approval based on page 2 and 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
MOTION by Rocheford, seconded by Pitzrick, to close the public hearing.
Motion carried 7-0.
MOTION by Rocheford, seconded by Pitzrick, to recommend approval of the
Planned Unit Development Concept Amendment on 2.11 acres; Planned Unit
Development District Review with waivers on 2.11 acres; Zoning District
Amendment within the Commercial Regional Service Zoning District on 2.11
acres; and Site Plan Review on 2.11 acres based on plans stamped dated February
27, 2007, and the staff report dated March 9, 2007. Motion carried 7-0.
E. VARIANCE#2007-05
Request:
To permit office space of 53% in the Industrial Zoning District. City Code
permits a maximum of 50% office space in the Industrial Zoning District.
John Ferrier, owner of the buildings at Golden Triangle Business Center,
presented the proposal. He stated they are seeking a variance request for the
Christ Presbyterian Church. They would like to increase the office use from 50%
to 53% for both buildings in order to lease 15,042 square feet to Christ
Presbyterian Church. This would increase the allowable office from 76,392
square feet to 81,519 square feet, a difference of 5,127 square feet. He also
pointed out this site will have the least amount of impact on parking and traffic
because it would basically just be utilized on Wednesday evenings and Sundays.
Stoelting asked Herron to review the staff report. Herron stated there are four
Commission actions listed on page 2 and 3 of the staff report. Herron pointed out
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in Item 1, there should be a restriction that the church on site is only to use this
variance request and if they move out, the variance will become null and void.
Stoelting opened the meeting up for public input. There was no input.
Powell commented this is exactly what the Commission is looking for in this area
and stated he supports the project.
MOTION by Pitzrick, seconded by Rocheford, to close the public hearing.
Motion carried 7-0.
MOTION by Pitzrick, seconded by Kirk, to recommend approval of the request
to permit office space of 53% in the Industrial Zoning District based on plans
stamped dated February 2, 2007, and the staff report dated March 9, 2007.
Motion carried 7-0.
F. VARIANCE#2007-06
Request:
To permit 5 garage stalls. City Code permits a maximum of 4 garage stalls.
Pat Sitzman, of Lecy Bros. Homes,presented the variance request. Mr. Sitzman
stated they are currently remodeling the home and are proposing to change the
swing open door to the lower level storage space to a rollup garage door. Prior to
remodeling, the home had a total of five garage doors. The new floor plan would
consist of a four car garage with rollup doors on the upper level and a lower level
storage space with a swing open door. The project is shielded by the woods and
is on a private drive, so as to not be seen by the public. The homeowners are
purposing an upscale door to make it more aesthetically pleasing.
Stoelting asked Herron to review the staff report. Herron said on page 3 of the
staff report there are four alternatives the Planning Commission should
considered.
Stoelting opened the meeting up for public input. There was no input.
Pitzrick asked the project proponent who removed the 2 car attached garage. Mr.
Sitzman stated it was the previous owner who removed the garage.
Stoelting asked Mr. Sitzman to state any undue hardship associated with the
variance request. Mr. Sitzman stated the hardship would be they have not
significantly altered the structure. Previously there had been five doors on the
site. In order to make use of the full footage of the lower level space they would
need the additional door.
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Herron stated single family homes in Eden Prairie are allowed 1,650 square feet
of accessory buildings. Given the size of their lot, the homeowners are not asking
for as much space as they could.
Kirk said he is supportive of this variance because the property was purchased
with this pre-existing condition. He also said he drove by the home and saw the
extra door could not be viewed from the road.
Powell asked to confirm if the public notices were sent out. Herron confirmed
they were sent out.
MOTION by Rocheford, seconded by Stoltz, to close the public hearing. Motion
carried 7-0.
MOTION by Rocheford, seconded by Seymour, to recommend approval of the
request to permit a 5 stall garage based on plans stamped dated February 1, 2007,
and the staff report dated March 9, 2007. Motion carried 7-0.
G. HENNEPIN VILLAGE ROADWAY ALTERNATIVES
ENVIRONMENTAL ASSESSMENT WORKSHEET REVIEW (EAW)
Alan Gray introduced the Hennepin Village Roadway Alternative Environmental
Assessment Worksheet Review. He gave some history on the project and stated
the City is currently considering alternative access solutions for the developing
area along Eden Prairie Road, south of Riley Creek. Because the City is
considering alternatives to this project, an Environmental Assessment Worksheet
(EAW) was developed. The EAW contains 31 questions which will address the
basic facts of the projects environmental impacts. This worksheet will include
evaluation of alternatives for routing traffic either westerly to Dell Road, easterly
to Spring Road, or improving the intersection of Eden Prairie road and Flying
Cloud Drive. There are 6 alternatives to be evaluated to provide adequate access
for existing and proposed development within this area, both for traffic and
emergency routing. They are listed on page 2 of the staff report. Gray pointed
out the intention tonight was not to discuss the different alternatives,but rather the
environmental issues this project would bring to the area.
Gray introduced Leslie Stovring, Environmental Coordinator, who made a short
presentation about tonight's public hearing. She stated there will be a 30 day
period to receive written comments from the required agencies or other interested
parties. The 30 day period would start today, March 12, 2007, and end April 11,
2007. The written comments are to address the accuracy and completeness of the
material contained in the EAW,potential impacts that warrant further
investigation, before the project is commenced, and the need for and
Environmental Impact Statement(EIS) on the proposed project. At the end of the
comment period, the City Council has 30 days to take action on the EAW. A
public meeting held by the City Council is optional but must occur within the 30
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day comment period. She again reiterated this time is not to be used to discuss
which road is the best alternative but to discuss mitigation plans.
Stoelting opened the meeting up for public input.
Michael Boland, of 13579 Berkshire Lane, submitted a letter for official record.
He read his letter to the Commission and addressed three questions in which he
feels mistakes or omission have been made. In regard to question#16, the answer
stated the slopes are in excess of 18%. Mr. Boland does not feel this question
truly details the grades throughout the area and that should provide a range for
each alternative. In regards to question#25, the EAW states that"The proposed
alternate#6 would provide public access to the creek corridor". Mr. Boland
questions if this point could be defined as trail access as no parking provided. In
regards to question#29, Mr. Boland felt the statement"Connecting Eden Prairie
and Dell Road may also require future upgrade to Dell Road", does not accurately
reflect what was said at the August 10, 2006 meeting that was held at City Hall
where Gene Dietz stated it would occur regardless of the alternative selected.
Dennis Doyle, of 9980 Dell Road, made the comment he does not feel enough
time went into this study and that considering the number of alternatives, they
have not taken into account the design of the valley area of Hwy 212. He also
questioned if there would also be a lot of grading for Dell Road improvements
that would change the character of the MN River Valley and if Dell Road would
be able to handle additional traffic in its current state.
Tim McLaughlin, of 9999 Dell Road, said he had a concern about the outline and
why is one environmental area looked at more than others. He had a question
regarding Turnbull Road and how can it be improved to make a safer access to
Dell Road.
Travis Wuttke, of 16860 Flying Cloud Drive,had a question about closing or
rerouting the intersection of Eden Prairie Road and Flying Cloud Drive and if the
consistency of the alternatives and project summery is one of concern or all linked
together.
Jeff Strate, of 15021 Summerhill Drive submitted an 18 page letter/commentary
for official record. Mr. Strate highlighted areas of his commentary to the
Commission and City Staff. His letter includes his comments, recommended
amendments and addendums for the Draft EAW Hennepin Village Roadway
Alternatives as of March 12, 2007. The sections he had questions or
recommended amendments are as follows:
• Page 2, Item 6b —2 addendums are listed.
• Page 2 and 3 —would recommend an additional Alternate 7 be included in the
draft.
• Page 3, Item 7 Project Magnitude Data—would like to amend a portion of the
draft.
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• Page 5, Item 11a—would like to amend paragraph.
• Page 6 and 7, Item 11a and b —would like to amend these portions of the draft
• Page 14—would like to amend paragraph in the section Parks, Recreation
Areas, and Trails
• Page 14—would like to amend paragraph in the Scenic Views and Vistas
section
Mr. Strate has additional information, comments and suggestions included in his
letter. He only gave a brief overview of what was provided there.
Ray Daniels, of 7520 Bittersweet Drive, stated he has a passion for conservation
and feels the EAW fails to address the value of uniqueness. He stated by putting
a roadway up in the valley, we are changing value to the valley.
Todd Johnson, of 10020 Dell Road, said he will submit a written letter for public
record. The EAW may be too limited in scope as alternatives #1 and#2 would
require significant improvements to Dell Road and will change the creek corridor
under Dell Road also.
Roland and Janice Hron, of 17170 Beverly Drive, has been living in his home for
26 years. He pointed out there is a beautiful woodland pond 100 feet from where
Beverly Drive connects to Turnbull Road. Mrs. Hron said the City recognized the
pond when they put a trail in some time ago but she is now concerned that
widening Beverly Drive would cause environmental damage to the pond and trees
in the area. She said she is also concerned that Eden Prairie Road is lower than
Turnbull Road and if a connection is made it would be a steep grade to Turnbull
Road.
Deb Peterson, of 10011 Dell Road, commented she felt the EAW did not look
accurately at the traffic impact on Dell Road because of opening Beverly Road
through Turnbull Road.
Robin Smith, of 9765 Sky Lane, stated question#30 does not describe the
character impact to the area by the Hennepin Village project. He feels the EAW
does not show road in context of previously approved plan. He feels the grading
would impact the area and stated how Oak Creek development would impact the
corridor anyway. He would like to see more renderings of what the bridge would
look like. He will submit more comments in writing.
Stoelting closed the public hearing portion of the meeting by stating this begins
the 30-day period of reviewing comments from March 12, 2007 and expires on
April 11, 2007. To make sure the recorded comments are accurate, he
recommended residents follow up with a letter, which should be submitted to
Gene Dietz, Director Public Works.
Powell asked for clarification if Commission is to make a motion tonight because
the public comment period is starting tonight and concerned about stating EAW s
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complete. (that was the only alternative in original motion) Ms. Stovring stated
that the motion was changed and Kipp read the new motion.
MOTION by Kirk, seconded by Rocheford, to move to accept the EAW in public
record and to open public comment period from March 12, 2007 and to close
April 11, 2007. Motion carried 7-0.
Pitzrick stated he had a few comments in looking at Table 4 of the traffic study.
He said there will only be an increase of 50 trips per day. He would like to better
understand the traffic history and accident information. He asked if Eden Prairie
Road could be upgraded in the current alignment to be safer and not need
Prospect Road. He provided information on an epoxy product on the market that
could help with this. The product is made by Cargill. Gray stated in looking at the
area of Eden Prairie Road, the purpose of all of these accesses is to provide
secondary roads and that more than one roadway is needed in this area. Pitzrick
said Eden Prairie Road does not need to be rerouted, it should stay as is. Gray
stated the traffic study does not reflect as the intent was only to look at the current
development plans and impact through 2008. Pitzrick said closing Eden Prairie
Road would create a dead end. Pitzrick also asked if there will be traffic signals at
Dell Road and Spring Road. That would slow traffic and help make Eden Prairie
Road intersection safer.
H. FLYING CLOUD CORPORATE CAMPUS
Request for:
Comprehensive Guide Plan Change from Industrial to Office/Community
Commercial/High Density Residential on 47.65 acres; Planned Unit Development
Concept Review on 47.65 acres; Planned Unit Development District Review with
waivers on 47.65 acres; Zoning District Change from Rural and I-2 to Office on
47.65 acres; Site Plan Review on 47.65 acres; Preliminary Plat of 47.65 acres into
two lots, one outlot and road right-of-way.
Richard Weiblen, of the Liberty Property Limited Partnership, introduced the
proposal changes for Flying Cloud Corporate Campus, and said they are looking
to incorporate the LEED Certification into this project.
Mr. Weiblen introduced Ed Farve, who presented the proposal utilizing the
overhead projector to illustrate the facility. He stated the project will be
completed in four phases. The first phase beginning in 2007, and the completion
of the project to be in 2012. Phase one will include 238,000 square feet of office
in two, four-story buildings. The existing 345,000 square foot office building will
remain available for lease for the duration of phase one. Phases two through four
will occur over the next several years based on market conditions and timing for
the light rail transit.
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Stoelting asked Kipp to review the staff report. Kipp gave an overview of the
proposal for phase one for office use, and described additional phases for office
use and possibly a mixed retailihousing component if light rail is developed
adjacent to the property as shown in the plan. He said the proponent is continuing
to refine the plans and will return for the April 9, 2007 Planning Commission
meeting with detailed plans. Staff recommended the project be continued to the
April 9, 2007 meeting.
Stoelting opened the meeting up for public input. There was no input.
Pitzrick asked Kipp about the guide plan and zoning district change if it is mixed
use. Kipp said the guide plan change would be for office/community
commercialihigh density residential at this time, which would allow any
combination of these uses. The property will be zoning office at this time and
could be modified in the future to accommodate retail and housing as shown in
the plan as these phases are implemented.
Powell asked Kipp if this project was going to relocate WalMart. Kipp said the
WalMart plans never materialized into a development proposal.
Stoelting asked the Commission what they would like to see done with this
project. Powell said he would like to see a walking corridor to and from the
transit station. Mr. Weiblen illustrated where the walking corridors would be
utilizing the overhead projector.
Stoelting pointed out that in the plan there seemed to be an abundance of parking.
Mr. Weiblen said they are in compliance with City Code.
Kirk asked if the West 70th extension was part of the initial phase. Mr. Weiblen
said it would be in phase 2.
Pitzrick asked if there was going to be indoor parking by ADC. Mr. Weiblen
stated there would not be indoor parking. Pitzrick stated he would like one
significant green space in this area. Mr. Weiblen said they are trying to keep the
natural environment in the area.
MOTION by Kirk, seconded by Seymour, to continue the project to the April 9,
2007 meeting and to revise the development plans according to the Staff
Development Review Committee letter and other requirements as identified by
the Commission. Motion carried 7-0.
I. FLYING CLOUD CORPORATE CAMPUS ENVIRONMENTAL
ASSESSMENT WORKSHEET REVIEW (EAW)
Request for:
Environmental Assessment Worksheet(EAW)
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Page 10
Kipp addressed the staff report and stated that an EAW is required for this project.
Commission is to review the document to make sure it is complete and accurate.
Staff recommends acceptance of EAW document as complete and accurate.
Stoelting opened the meeting up for public input. There was no input.
Stoltz asked Kipp if there had been any written comments in regards to the EAW.
Kipp stated he did not think there were any comments at this time.
MOTION by Rocheford, seconded by Pitzrick, to accept the EAW document as
accurate and complete, that the environmental impacts have been identified and
mitigated, and that no further investigation of environmental impacts is needed.
Motion carried 6-0. Powell abstained.
VII. PLANNERS' REPORT
Kipp stated for the March 26 meeting, there will be four chapters of the Guide Plan
Update to discuss.
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Seymour, seconded by Rocheford, to adjourn the meeting. Motion
carried 7-0.
There being no further business, the meeting adjourned at 9:47 p.m.