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Planning Commission - 08/24/2009 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 24, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice-Chair Kirk called the meeting to order at 7:00 p.m. Absent: Lechelt, Lee, Schultz and Stoltz. II. APPROVAL OF AGENDA MOTION by Rocheford, seconded by Pitzrick, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 10, 2009 Pitzrick had an amendment on page 4, under Members' Report; he would like it to read, "LED lights." Kirk had an amendment on page 3, paragraph 2. He would like the first sentence to read, "Stoltz asked how much power the wind turbine would be generating." MOTION by Rocheford, seconded by Pitzrick, to approve the minutes as amended. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES August 24, 2009 Page 2 VI. PUBLIC HEARINGS A. Variance 2009-07 by MTF-Eden Prairie Limited Partnership Location: 11800 Singletree Lane Request to: • Permit a front yard parking setback variance from 17.5 feet to 10 feet; and a Floor Area Ratio variance from .50 to .51. Franzen stated that the City has plans for road improvements to Singletree Lane that requires right of way from the property. After the right of way is acquired, the site would be non-conforming for a parking setback and floor area ratio. He added there are two findings on page 2 of the staff report the Commission should take into consideration as part of the review of the variance. Kirk opened the meeting up for public input. There was no input. MOTION by Pitzrick, seconded by Rocheford, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Rocheford, to recommend approval of the variance to permit a front yard parking setback variance from 17.5 feet to 10 feet; and a Floor Area Ration variance from .50 to .51 based on plans stamped dated August 21, 2009, and the staff report dated August 21, 2009 and based on the following findings and conditions: • The road plans for Singletree Lane requires right of way from the property and creates the need for parking setback and floor area ratio variances. • Reduced setbacks and higher floor area ratios are consistent with plans for the Town Center. Motion carried 5-0. B. Code Amendment— Garage Sales Franzen stated on February 23, 2009 input was gathered from the Planning Commission members to prepare a draft ordinance to be sent to the City Council. The City Council discussed garage sales at the April 21, 2009 meeting. Based on Council feedback the draft ordinance has been changed in the following areas: • Every item for sale does not need to be used. • The ordinance may limit the number of days. • The ordinance may require that people live in Eden Prairie. • The ordinance may limit where sales are held. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 24, 2009 Page 3 Wuttke asked what the primary reason for this change is. Franzen stated there are two reasons. One is to be able to distinguish between a garage sale and a home based business, and second, there are 8-10 complaints per year regarding garage sales relating to traffic and garage sales that are really a home based business. Wuttke asked if someone were to violate this code,how the City would know. Franzen said the City responds on a complaint basis. Kirk opened the meeting up for public input. There was no input. MOTION by Pitzrick, seconded by Rocheford, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Rocheford, to recommend approval of the code amendment relating to garage sales. Motion carried 5-0. VII. PLANNERS' REPORT Franzen stated the next meeting will be September 14'h. There will be two variance requests and a code amendment. Franzen stated the Met Council has three meetings scheduled for a review of the City's Guide Plan Update, an Environmental Committee on August 25th, a community Development Committee on September 21st, and the full Met Council on October 14cn Pitzrick asked if the Plan would then come back to the Planning Commission or the City Council. Franzen stated after it is approved by the Metropolitan Council, it would go the City Council. Pitzrick asked if the Commission could make significant changes to this plan, such as in the Town Center Area, in regards to the light rail station and the concerns over power lines and major property owners not being happy with their property being resolved. Franzen stated if there is any land use changes in terms of the area to be guided Town Center that would require a City and Met Council approval. Pitzrick said the placement of the new road would define where the Town Center would be located and emphasized the Town Center Area should be developed to create a positive environment and would encourage City Staff to look at the this; including considering the Golden Triangle light rail station for the Town Center. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS EDEN PRAIRIE PLANNING COMMISSION MINUTES August 24, 2009 Page 4 XI. ADJOURNMENT MOTION by Pitzrick, seconded by Wuttke, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting adjourned at 7:38 p.m.