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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 PLANNING COMMISSION MINUTES 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 Herron stated the applicant has withdrawn the request for variance.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: PLANNING COMMISSION MINUTES 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 PLANNING COMMISSION MINUTES March 12, 2007 Page 4 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. PLANNING COMMISSION MINUTES March 12, 2007 Page 5 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 PLANNING COMMISSION MINUTES March 12, 2007 Page 6 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. PLANNING COMMISSION MINUTES March 12, 2007 Page 7 • 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 PLANNING COMMISSION MINUTES March 12, 2007 Page 8 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. PLANNING COMMISSION MINUTES March 12, 2007 Page 9 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) PLANNING COMMISSION MINUTES March 12, 2007 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.