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Planning Commission - 11/14/2007 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION WEDNESDAY, NOVEMBER 14, 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 Vice Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk, Koenig, Rocheford, and Stoelting. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Schultz, to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON OCTOBER 22, 2007 Pitzrick had a change on page 3, last sentence under Stop 1. It should read, "We will also need to deal with the grade separation between parcels." MOTION by Schultz, seconded by Powell, to approve the minutes. Motion carried 3-0. Pitzrick and Seymour abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC HEARINGS A. ENTERPRISE RENT-A-CAR Request for: Guide Plan Change from Office to Community Commercial on 1.6 acres; Planned Unit Development Concept Review on 1.6 acres; Planned Unit Development District Review with waivers on 1.6 acres; Zoning District Change from Rural to EDEN PRAIRIE PLANNING COMMISSION MINUTES November 14, 2007 Page 2 Community Commercial on 1.6 acres; Site Plan Review on 1.6 acres; Preliminary Plat of 1.6 acres into one lot. Paul Gonyea, of Gonyea Properties,presented the proposal. He stated they are proposing the 3450 square foot building be changed from Office to Community Commercial. He illustrated the building utilizing the overhead projector. He stated the proposal meets the parking, floor area ration and base area ratio requirements. Mr. Gonyea also showed the exterior of the building, which would consist mainly of brick. He pointed out the plan also meets the requirement for 75% face brick, glass or natural stone for exterior materials. Stoltz asked Franzen to review the staff report. Franzen said staff recommends approval based on page 3 and 4 of the report. There should be one change prior to City Council review and that would be to revise the rear lot line on the plans to provide a 15 foot wide wetland buffer. Stoltz opened the meeting up for public input. Stan Riegert, owner of Prairie Lawn and Garden, had one concern with this proposal. He stated on Venture Lane to get onto Hwy 5 there is a double line until it reaches the corner. If people come to Enterprise from the west or east they will have to cross the road where there is a double line. People also speed down the hill and many times during the winter cars coming down the hill cannot stop; which creates a traffic hazard. Stoltz asked Franzen to address this issue. Franzen stated the Traffic Engineer and City Engineer have looked at the driveway previously and felt it was in the best possible location. He added that it would for the City engineer to meet with Stan Riegert and Paul Gonyea out in the field to review access, safety, and site vision distance. Mr. Gonyea said the driveway has been moved numerous times and he felt it is in the best location right now and he also stated Enterprise will not generate a lot of traffic. Pitzrick asked Mr. Gonyea how many cars are in the Enterprise fleet at this location. Mr. Gonyea could not give an exact figure but stated there will be enough parking for all vehicles on site. Powell asked Franzen to address grade change and tree loss. Franzen said they did a tree assessment of the property and there were no significant trees on site and therefore no replacement is required. Franzen also said the grade change would be approximately 3-4 feet of fill. MOTION by Schultz, seconded by Seymour, to close the public hearing. Motion carried 5-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES November 14, 2007 Page 3 MOTION by Schultz, seconded by Seymour, to recommend approval of the Guide Plan Change from Office to Community Commercial on 1.6 acres; Planned Unit Development Concept Review on 1.6 acres; Planned Unit Development District Review with waivers on 1.6 acres; Zoning District Change from Rural to Community Commercial on 1.6 acres; Site Plan Review on 1.6 acres and Preliminary Plat of 1.6 acres into one lot based on plans stamped dated October 23, 2007, and the staff report dated November 9, 2007. Motion carried 5-0. B. KINDERBERRY HILL Request for: Planned Unit Development Concept Review on 5.13 acres; Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.13 acres; Site Plan Review on 5.13 acres; Preliminary Plat of 5.13 acres into two lots and one outlot. Peter Hilger, representing Rylaur, LCC, presented the proposal. He presented the site plan showing the location of the daycare and the office building. Hilger told the commission that they want a waiver on exterior materials to use cultured stone instead of real stone that is required by code because of the cost issue. They also do not agree with the requirement to build a sidewalk along the entire length of both sides of Hennepin Town Road from Pioneer Trail. He added that they want a waiver for a larger sign, a waiver for office building setback because of the unusual shape of the lot, and a zero lot line setback to parking. Beth Simonstad, owner of the property, stated they would like some verification on setbacks. She also stated, in regards to the sidewalk issue, she is unsure why they sidewalk has to go all the way to Pioneer Trail. Stoltz asked Mr. Hilger to show an example of what the cultured stone would look like. Mr. Hilger showed an example of the cultured stone and real stone, without telling Commission Members which was which. Stoltz asked Franzen to review the staff report. Franzen stated the staff recommends approval based on page 4 and 5 of the staff report with recommendations prior to City Council that are listed on page 4 of the staff report. The revisions are as follows: • Meet exterior material requirements. • Meet sign size requirements. • Meet setbacks for the office building. • Show a five foot wide concrete sidewalk along the entire length of the east side of Hennepin Town Road from Pioneer Trail. • Drainage and utility easements must be shown over the public storm sewer from the MNDOT right of way; wetland, wetland buffer and wetland mitigation areas. Stoltz opened the meeting up for public input. There was no input. EDEN PRAIRIE PLANNING COMMISSION MINUTES November 14, 2007 Page 4 Stoltz asked Mr. Hilger to display the stones again. Schultz said he has no problem with the cultured stone the project proponent would like to use. Stoltz asked Mr. Hilger what the difference in cost would be. Mr. Hilger said there is about 2 1/2 times difference in cost. Franzen commented cultured stone is a permitted building material,but it is limited to 25% of the building area. The code requires approved exterior materials to be 75%; brick, natural stone and glass. Pitzrick asked if E.F.LS. was going to be put on the building. Mr. Hilger said it would be stucco on the gables. Beth Simonstad commented if this office setback waiver is not approved she will have to ask for damages from MNDOT in regards to a portion of the land they took. Pitzrick said if the settlement is agreed upon, the City should benefit from that action. Franzen commented that if the owner is financially compensated by Mn Dot then the City should not grant the waiver,because the owner is being compensated for loss of development potential. In other project s where land is dedicated to MnDot, the City has granted waivers on setback. Stoltz went over with the items to be revised prior to City Council review and asked the proponent if they were in agreement with the requirements. Hilger said they do not have a problem with the conditions for easements, did not expect a requirement for sidewalks and wants the waivers for office setback, exterior materials, and sign size. Beth Simonstad showed an illustration of where the sidewalk would be located and said she was not expecting they would have to put it in front of Walgreens. Seymour questioned this also and asked why Walgreens had not put this in. Franzen clarified that the requirement for a sidewalk is on the eastside of Hennepin Town Road, since a trail exists on the west side. Franzen added that the sidewalk is a contractual obligation of the developer from a 2002 development agreement. Beth Simonstad said she was unaware of this and said they will complete the sidewalk as previously required. Stoltz asked Franzen to address the issue of the office building. Franzen said the approved plan had a 9900 square foot day care and a 9000 square foot office building that met setback requirements. The new plan has a larger daycare which makes the proposed office site smaller with an irregular shape lot which leaves little room to put an office building on site. The project proponent could either make the office building smaller or could withdraw the office building proposal and bring it back when someone is ready to build. Beth Simonstad reiterated again the county condemned the additional land after previous approval of the property. She also pointed out the real limitation of this site is the access point. Pitzrick commented the plan makes sense but if the project proponent is going to benefit from MNDOT taking land than the City should gain some benefit. Beth Simonstad agreed they should both be compensated. EDEN PRAIRIE PLANNING COMMISSION MINUTES November 14, 2007 Page 5 Stoltz asked what the time line of the project would be. Mr. Hilger said they would start the project in early spring. Stoltz asked if the Commission Members would have a problem taking the office building off of the proposal. Pitzrick said he would not. Schultz concurred with Pitzrick. Seymour said he does not have an issue with the office building but with that the exterior material needs to comply. Powell said he agreed with Seymour about the exterior material but also feels this project could be approved with the office building on site and added that Beth. Simonstad could go ahead and negotiate with MNDOT. Pitzrick asked if there could be something we get in return for granting the setback waiver. Franzen stated that any award from MnDot goes to the property owner and no benefit can go to the City. The City can grant waivers if there is a planning benefit to the City, citing for example if there were 5, 30 inch oak trees along the road and they could be saved by granting a waiver. Stoltz asked Franzen if after hearing this discussion if he has considered changing any of the staff recommendations. Franzen said he has not. In regards to exterior materials he noted two reasons for requiring plans to meet code; the approved plan for this property met code and to be consistent with the application of the code to developers, since Walgreens and the retail building adjacent to this site meet code. Stoltz asked how the project proponent would like to proceed with the proposal. Mr. Hilger said he would like the day care approved tonight and move the office building to the December loth meeting. Franzen said it would be better not to separate the items since they are part of a planned amendment. I t would be better to continue the project as a whole or the proponent could withdraw the office request. Schultz said it would be appropriate to continue the whole project until December 10"'. Stoltz commented if we continue the project we need to give the project proponent specific guidelines. Seymour said nothing needs to be discussed because they need to revise plans based on page 4 of the staff report. Pitzrick said he would like to see this project use real stone. Stoltz asked Mr. Hilger what he would like to do. Hilger responded they would withdraw the office proposal, revise the plan for easements, exterior materials, and signs. In regards to stone, it looks like the Commission prefers real stone to be used and he just wants to make sure that is what they really want. MOTION by Schultz, seconded by Seymour, to continue the project to the December 10, 2007 meeting and direct the proponent to the revise the plans according to the staff report. EDEN PRAIRIE PLANNING COMMISSION MINUTES November 14, 2007 Page 6 Franzen then asked the Planning Commission since the proponent has already agreed to withdraw the office proposal and revise the plans according to the staff report is a continuance is necessary. If you want to see revised plans before sending it on to City Council then a continuance would be appropriate. Schultz withdrew the motion. MOTION by Schultz, seconded by Seymour, to close the public hearing. Motion carried 5-0. MOTION by Schultz, seconded by Pitzrick, to recommend approval of the Planned Unit Development Concept Review on 5.13 acres; Planned Unit District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.13 acres; Site Plan Review on 5.13 acres and Preliminary Plat of 5.13 acres into two lots and one outlot based on plans stamped dated October 23, 2007, and the staff report dated November 9, 2007 and based on the following conditions: accepting the withdrawal of request from the project proponent for concept approval of the office portion of the proposal and a with a condition to build a 5 foot concrete sidewalk on the east side of Hennepin Town Road from Pioneer Trail to the northeast corner of the plat. Motion carried 5-0. VII. PLANNERS' REPORT A. WINDSOR PLAZA CONVEYANCE OF A PORTION OF VACATED EDEN ROAD MOTION by Powell, seconded by Seymour, to recommend that the conveyance of the property to Windsor Plaza, LLC is in compliance with the Comprehensive Plan. Motion carried 5-0. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS Pitzrick said he would like to see some more discussion in the future regarding exterior material. Franzen stated they will bring something forward after the first of the year. XI. ADJOURNMENT MOTION by Powell, seconded by Seymour, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting adjourned at 8:29 p.m.