Planning Commission - 07/23/2007 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JULY 23, 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,
Kevin Schultz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Michael Franzen, City Planner
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kirk. Rocheford
arrived at 7:15 p.m.
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 JUNE 25, 2007
Koenig had a few revisions. On page 4, last paragraph, second sentence, she would like
to add "for maintenance" at the end of the sentence. She would also like the third
sentence on the same page and paragraph to read, "She pointed out cash park fees are a
finite resource and different types of funding should be addressed in the future". On page
5, and the only commentary on the page, she would like to change the word "address" in
the last sentence to "educate".
Pitzrick wanted to add the following commentary to the Planner's Report under Chapter
7 Utilities of the Guide Plan Update. "The economic impact of the power line needs to
be studied. Including how much additional property could be developed if the power line
is relocated, and what would be the cost to relocate the power line either above ground or
below ground. I would suggest getting input from a consultant that has significant
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July 23, 2007
Page 2
current experience in the design and construction of underground high voltage
transmission lines."
Pitzrick would also like to add commentary to the Chapter 5 Transportation section of the
Guide Plan that the information on airport data does not appear to be completely accurate
and the Commission would suggest a thorough review to be done to make sure it is
consistent with current policy of the City.
MOTION by Kirk, seconded by Schultz, to approve the minutes as amended. Motion
carried 5-0. Stoltz and Powell abstained. (Rocheford arrived after the approval of
the minutes)
IV. PUBLIC MEETINGS
V. INFORMATIONAL MEETINGS
VI. PUBLIC HEARINGS
A. 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.
Franzen stated the applicant is withdrawing the project. A new application will be
filed for an office building on the north half of the property only leaving
development of the south half(currently leased by SuperValu) to the future.
Stoelting asked Franzen if the public notices were sent out. Franzen confirmed
the public notices were sent out.
Stoelting opened the meeting up for public input. There was no input.
MOTION by Stoltz, seconded by Koenig, to close the public hearing. Motion
carried 7-0.
MOTION by Stoltz, seconded by Schultz, to move to accept the letter of
withdrawal of the project and return the development plans to the applicant
without prejudice. Motion carried 7-0.
B. VARIANCE#2007-14
Request to:
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July 23, 2007
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Permit a garage addition 10 feet from a side lot line. Location: 7253 Gordon
Drive.
Jack Mallow presented the proposal. He stated the reason they are asking for this
request is because they are trying to maintain their property, and in so doing
purchased a John Deere tractor. They need a facility to store the tractor which is
the reason for the variance request. Mr. Mallow pointed out because of the slope
of the house on the Gerard Drive side, it would not be feasible to place the
addition there. He stated the best location would be to add the addition onto the
garage.
Stoelting asked the project proponent if he was going to add onto the driveway.
Mr. Mallow stated he was going to fan it out to make sure there would be enough
room for the tractor to come out but not large enough for a car to drive on it.
Stoelting asked if the large tree in front of the proposed addition would stay on
the property. Mr. Mallow said they will not be taking down any trees. Stoelting
asked if the neighbor to the south was comfortable with the project. Mr. Mallow
stated he did talk with his neighbor and he was comfortable with the project.
Pitzrick stated it shows siding on the drawing of the garage and he asked the
project proponent to verify if the material would be brick. Mr. Mallow confirmed
the material would be brick.
Stoelting asked Franzen to review the staff report. Franzen stated on page 2 of the
staff report there are four actions the Commission should consider.
Stoelting opened the meeting up for public input. There was no input.
MOTION by Stoltz, seconded by Koenig, to close the public hearing. Motion
carried 8-0.
MOTION by Stoltz, seconded by Powell, to recommend approval of the
Variance to permit a garage addition 10 feet from a side lot lined based on plans
stamped dated May 22, 2007, and the following findings: the distance between
the homes at 7253 Gordon Drive and 7262 Gordon Drive is 40 feet, which is
greater than the 30 foot code minimum distance between homes; the variance
does not alter the character of the neighborhood; the garage addition does not
encroach into drainage and utility easements; the proposed location of the garage
is the most practical part of the property to build. Motion carried 8-0.
C. VARIANCE#2007-16
Request to:
Permit an accessory car wash building 0 feet from a rear lot line. Location:
7675 Mitchell Road.
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Mark Namtvedt, Dealer/Franchisee of BP Amoco, presented the proposal. He
stated they would like to redo the car wash to include a 10 foot storage addition
which would improve the car wash to a full facility car wash. Mr. Namtvedt
pointed out the owner behind the facility has some concerns with the existing line
of the car wash being so close to the roadway and it could possibly affect the
traffic flow on the roadway. Mr. Namtvedt said they both discussed the issue and
came to the conclusion neither of them wanted to hinder the other's business and
both agreed to be good neighbors.
Stoelting asked where the stacking of cars would be. Mr. Namtvedt stated it
would remain the same and pointed out the location on the overhead projector.
Stoelting asked Mr. Namtvedt to explain how the new conveyor car wash would
work. Mr. Namtvedt explained the person would stay in the car and it would be
pulled through the car wash on a conveyor.
Koenig asked if it was a touch-free car wash. Mr. Namtvedt said it was not and
there would be some friction involved.
Stoelting asked Franzen to review the staff report. Franzen stated on page 2 of the
staff report there are four actions the Commission should consider.
Stoelting opened the meeting up for public input. There was no input.
Schultz asked Mr. Namtvedt how much additional revenue would be expected
with the new car wash. Mr. Namtvedt said he expects the revenue to double.
Schultz asked if the car wash would be closed in the winter. Mr. Namtvedt said it
would have to be very cold to close the car wash. He pointed out there are pad
heaters and this car wash could run in up to 10 below weather.
Pitzrick asked Franzen if the drainage utility easement would be removed.
Franzen said currently the drainage utility easement is five feet running along the
entire south side of the property line. There are no public utilities in there,but
some old private utilities are there, which would have to be vacated if a zero lot
line were to be approved.
Pitzrick asked what variances we gave to Mitchell Crossing. Franzen stated the
City approved setback, height and density waivers. Pitzrick said he would like
this project to be more consistent with Mitchell Crossing. Powell concurred with
Pitzrick.
Stoelting asked Mr. Namtvedt to address this issue. Mr. Namtvedt said they will
be replacing the curbing with stainless steel. He pointed out relocating the car
wash is not an option and he feels its location is best suited during business times.
Mr. Namtvedt said they can make the one side of the building match Mitchell
Crossing,but he feels it would be odd to have three sides of the building one color
and the fourth a different shade of brick. Powell said since this building is so
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July 23, 2007
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close to Mitchell Crossing it should have the same brick to be consistent.
Stoelting concurred with Powell. Stoelting asked Franzen to address the brick
issue. Franzen said currently there is a brick/stucco finish on Mitchell Crossing.
One option is to have the same brick color on the car wash side and then add
different materials, colors and details which match Mitchell Crossing. Koenig
asked the project proponent if he was comfortable with this request. Mr.
Namtvedt said he was confident this request could happen.
Stoelting asked the Commission if they were comfortable moving on with this
request or if they prefer a continuance. Pitzrick and Powell stated they would like
this project continued; Stoltz stated he would want Staff to have a final sign off on
the architectural aspect of the project; all of the other members were comfortable
with moving on with the project. Mr. Namtvedt said a project of this size could
take 90-100 days to complete and realistically it should be completed by October,
before it gets very cold. He said he would prefer not to postpone this project for
30 days due to this reasoning. In regards to architectural issues,he would have no
problem bringing his architect in to work out the details with Staff. Stoelting
asked Franzen if the project would be delayed 30 days if it was continued.
Franzen concurred it would be delayed 30 days or longer. He pointed out on page
2, option 2, of the staff report the variance request could be approved with
modifications and it could be stated the project would architecturally conform to
Mitchell Crossing. Stoelting asked Pitzrick and Powell if they would be
comfortable with the variance request with modifications. Pitzrick asked if the
owner of Mitchell Crossing could object to this. Franzen stated he could object
and would have to file an appeal with the City within 15 days of approval.
MOTION by Koenig, seconded by Rocheford, to close the public hearing.
Motion carried 8-0.
MOTION by Koenig, seconded by Powell, to recommend approval of the
variance to permit an accessory car wash building 0 feet from a rear lot line based
on plans stamped dated June 15, 2007, and the following findings: the south side
of the car wash is adjacent to a driveway; the distance between the proposed car
wash and the proposed building on the lot to the south is 35 feet as compared to
the code requirement for 20 feet; the doors are on the east and west elevations;
there are no windows on the south elevation. And to include the modification the
Planning Commission requires the project proponent to modify architectural plans
to the car wash building for an appropriate transition to Mitchell Crossing.
Motion carried 8-0.
D. VARIANCE#2007-17
Request for:
A one year extension of Variance#2006-11, which permitted a front yard setback
of 40 feet. Location: 18170 Bearpath Trail.
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Mark Lecy, of Lecy Brothers Homes, presented the proposal. Mr. Lecy pointed
out they had a variance request approved approximately one year ago. During
that time, they had lost their customer,hence the reason for the variance request
today.
Stoelting asked Franzen to review the staff report. Franzen stated if they were
able to move the house back 8 feet they would not need a variance request. Since
they have no customer at this time, it is unknown if they would agree to this
specific request. There are three Commission actions on page 2 of the staff
report.
Stoelting opened the meeting up for public input. There was no input.
MOTION by Schultz, seconded by Koenig, to close the public hearing. Motion
carried 8-0.
MOTION by Schultz, seconded by Koenig, to recommend approval of the
Variance to request a one year extension of Variance#2006-11, which permitted a
front yard setback of 40 feet based on plans stamped dated June 28, 2007, with
the following findings: the variance will not significantly alter the character of
the neighborhood. The house to the west is setback at 40.5 feet. The proposed 40
foot setback is for the garage only. The house meets the average setback of 47.23
feet. The garage is the only part of the structure that encroaches into the setback
and it is 5 percent of the total building area. Motion carried 8-0.
E. CODE AMENDMENT REGARDING RESTAURANT & RETAIL
PARKING REQUIREMENTS
Franzen pointed out there was a presentation made to the Commission Members
in October regarding this issue of reducing parking requirements for retail and
restaurant areas. Staff suggested to the Commission that a peak holiday parking
study was needed. A study was done from October 29, 2006 to December 29,
2006. Based on this study Staff recommendations and benefits are listed on page
2 of the staff report. The parking recommendations for restaurants are as follows:
"Restaurant Type 1" — 1 /2.5 seats based on capacity (Bakers Square)
"Restaurant Type 2" — 1 /3 seats based on capacity (McDonalds)
"Restaurant Type 3" — 1 /2 seats based on capacity (Redstone)
The parking recommendation for retail stores and shops is:
"Retail stores and shops"— 511000 sq. ft. G.F.A.
Potential benefits of reduced parking are as follows:
Provides and area for rainwater gardens; provides an area for trails or sidewalks;
provides an area for public art; create an economic benefit by allowing more
building.
Pitzrick asked Franzen how we deal with shared parking spaces. This is
accomplished by a cross parking agreement with Canyon Grille. The issue was
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July 23, 2007
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initially having more seats in the restaurant than parking spaces they had access to
during lunch. As a result the seating was reduced to 255 since only 85 spaces
were available during lunch. In the evening, parking is not as issue since Canyon
Grille can use the deck.
Koenig asked Franzen if the parking issues with Champps and Red Stone have
been resolved. Franzen said initially it was an issue but stores next to Champps
have private security monitoring the parking, which has alleviated the situation.
Stoelting opened the meeting up for public input. There was no input.
Powell stated he would like more businesses to start with porous pavement. He
would like the City Council to require businesses to have porous pavement in the
development of their properties. Franzen stated this is something that certainly
could be addressed when the Commission and City Council have their joint
meetings. Pitzrick said, in regards to this issue, we should go beyond restaurant
and retail areas.
MOTION by Powell, seconded by Rocheford, to close the pubic hearing.
Motion carried 8-0.
MOTION by Powell, seconded by Koenig, to recommend approval of the code
change to restaurant and retail parking requirements based on the staff report
dated July 20, 2006 and the draft ordinance. Motion carried 8-0.
VII. PLANNERS' REPORT
A. GUIDE PLAN UPDATE—CHAPTER 9 IMPLEMENTATION
Monique MacKenzie, of SRF Consulting Group, Inc., presented the Guide Plan
Update.
Chapter 9 Implementation
1. Zoning and Subdivision Ordinances
2. Other Implementation Tools
3. Fiscal Tools
a. General Fund
b. Special Revenue Funds
c. Capital Project Funds
d. Enterprise Funds
e. Debt Service Funds
4. Tax Increment Financing
5. Capital Improvement Financing
EDEN PRAIRIE PLANNING COMMISSION MINUTES
July 23, 2007
Page 8
Changes to Chapter 9
1. References to Council— approved plan documents (2004 Local Water
Management Plan, 2006 Major Center Area Plan)
2. Design Guidelines (affecting site development, density ranges and building
material palettes)
3. Town Center Ordinance (uses, performance standards)
Pitzrick had a question about the NSP settlement agreement. Franzen stated the
City received approximately 2 million dollars, however, could not recall why the
City received it. He will ask Al Gray to provide some information on the topic for
the next meeting. Franzen also stated the Met Council is looking for us to supply
tools for the guidelines, which is what is currently taking place. Stoelting asked
Franzen in regards to the changes that were proposed in Chapter 9, design guide
lines, we have already developed that for the Town Center Area, however, we
have not developed Town Center ordinance. Franzen concurred that was correct
and the next step would have the City Attorney put it into ordinance form.
Changes to Other Chapters
Chapter 5 - Transportation
1. Clarify source data (from MAC) for Flying Cloud Airport Operation
2. Define transportation utility and city support for concept.
Chapter 4—Housing /Chapter 11 —Redevelopment
1. Housing mix in Town Center and Golden Triangle Area (type, affordability)
2. Chapter 11 —City support/incentives for pilot projects that achieve
environmentally beneficial end results.
3. Chapter 4—Incorporate housing goals
Chapter 8 —Community Facilities
1. Build and maintain quality parks and infrastructure city wide.
2. Balance investment in City infrastructure by appropriate reliance on property
tax revenues.
3. Capture resources from all size and scale developments to dedicate to parks
and road infrastructure improvements.
Franzen stated at the August 13 Planning Commission Meeting there will be three items
on the agenda; the Oak Creek at Hennepin Village, William Small Property, and a
variance request.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
July 23, 2007
Page 9
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
Pitzrick talked about the power lines and referenced in the City Council Meeting Minutes
of June 19 it states we are approving a consulting agreement with SRF Consulting Group
for master plan work in the Town Center Area. Pitzrick stated he did not feel this
included the study of power lines. In the Council Minutes, Mayor Young asked if this
would be the only time the City would hire a consulting group for study in this area and
Janet Jeremiah's response was it would be the only time a consulting group would be
hired because it is such an expense. Pitzrick asked where this would leave the evaluation
for the power lines. Franzen stated the study if for materials, sidewalks, lighting and
landscaping. He added that the power line easement is 15 acres and that could be 240,000
square feet of commercial or 750 housing units for both. He cautioned the density of the
land use and traffic assumptions of the MCA will have to be re-examined, because
currently the study has road and parking in the easement. Franzen added Excel has buried
115 KV lines but not the 345 KV lines. The larger lines nave been buried in Boston at a
cost of 12 million per mile. In Eden Prairie, the cost would be 9 million per mile if buried
in place, more if they are relocated. Pitzrick said he would like to know if the corridor for
power lines was subtracted from the square footage of land use in the area. Pitzrick also
said it is important to get local cost estimates for a project like this.
Pitzrick also referenced the Gateway Monument which was referenced on page 11 of the
June 19 City Council Minutes, and said he appreciated the comment.
Pitzrick said he would like landscaping under power lines looked at.
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Koenig, seconded by Stoltz to adjourn the meeting. Motion carried 8-0.
There being no further business, the meeting adjourned at 8:56 p.m.