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Planning Commission - 12/14/2009 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 14, 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 Regina Herron, Planner II Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 12, 2009 Lechelt had a revision on page 3,paragraph 6, sentence 3. She would like the word"prevent" changed to"cause additional". MOTION by Schultz, seconded by Pitzrick, to approve the minutes as amended. Motion carried 7-0. Rocheford abstained. B. PLANNING COMMISSION MEETING HELD ON OCTOBER 26, 2009 Wuttke had a correction on page 5,paragraph 4. Throughout the paragraph it should read"NURP" pond. MOTION by Wuttke, seconded by Schultz, to approve the minutes as amended. Motion carried 5-0. Lechelt, Pitzrick and Stoltz abstained. IV. INFORMATIONAL MEETINGS PLANNING COMMISSION MINUTES December 14, 2009 Page 2 V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. Variance 2009-10 by City of Eden Prairie Location: Purgatory Creek Park, 13100 Technology Drive, Eden Prairie, MN Request to: • To permit 9 flags containing non-commercial speech for one lot in Purgatory Creek Park. City Code permits 3 flags containing non- commercial speech per lot. Jay Lotthammer, Director of Parks and Recreation for the City of Eden Prairie, presented the proposal. He stated they would like to display a total of 9 flags at the Purgatory Creek Park. There are currently 3 flags on the property, which include the American Flag, state of Minnesota Flag, and a POW Flag. The Veterans Memorial Committee would like to display 6 additional flags to represent the contributions of the military branches, which in turn would enhance the character of the Memorial. He utilized the overhead projector to show where the current flags are located now and where the potential flags would be situated. They would be smaller then the 3 current ones and would be situated 3 to the left and 3 to the right of the current flags. Mr. Lotthammer pointed out the total square footage is less than Code but the number of flags is more than what the Code allows. They are here this evening, along with a representative from the Veterans Memorial Committee, to get the Planning Commission approval. John Mallo, Chair of the Veterans Memorial Committee, made an initial request. He stated they were here three years ago asking to initiate the Memorial. He pointed out the Eden Prairie Veterans Committee was formed and approved by the City. One of the functions of this committee is to raise money for the Eden Prairie Foundation. Mr. Mallo pointed out in the past on special occasions, such as Flag Day, Memorial Day and Veterans Day, they would put up the additional 6 flags using PBC pipe. The storage of the flags on site was not a feasible situation. That is why they are requesting these be permanent structures. Mr. Mallo also added these flags would add a lot of color to the Memorial, that it would be less of a hassle if these flags were a permanent structure, and they also have a petition from local business in the area; ADC, the restaurants,bank and condos across the street, accepting this structure. The flags would be up annually from May lst to November 1ltn Stoltz asked Franzen to review the staff report. Franzen stated in regards to the criteria for undue hardship there are three items to be met. The first is reasonable use of the property. It is reasonable to have flags recognizing branches of the military at a Veterans Memorial. The second is unique circumstances, meaning the problem is due to circumstances unique to the property not caused by the current land owner. This is the only Veterans Memorial in the City and is unique to this property. The third is that granting this will not alter the neighborhood PLANNING COMMISSION MINUTES December 14, 2009 Page 3 character. The code allows up to 300 square feet of flag area on the property. There are 3 flags on the property totaling 72 square feet. This includes the American Flag, State of Minnesota Flag, and a POW Flag. The proposed six flags total 90 square feet. There are four Commission actions listed on page 2 of the staff report. Stoltz opened the meeting up for public input. There was no input. Wuttke asked if the Reserves would be taking care of the flags. Mr. Mallo concurred the Reserves would be taking care of the flags. MOTION by Schultz, seconded by Rocheford, to close the public hearing. Motion carried 8-0. MOTION by Schultz, seconded by Rocheford, to recommend approval of the Final Order#2009-10. Motion carried 8-0. VII. PLANNERS' REPORT A. Recyclins! Ordinance Herron introduced Leslie Stovring, Environmental Recycling Coordinator, who will make a presentation on how the City currently regulates recycling and the changes to the recycling requirements. Leslie Stovring used a PowerPoint presentation to show the historical recycling data and to outline the changes to the recycling requirements. She pointed out the amount of recycling, in terms of tonnage, went down in 2008 from 2007, and stated she is not sure how accurate that information was. She stated that recycling, licensing, storage and collection is currently a requirement for single family and multiple family properties. She pointed out the changes as follows: Chapter 5, Section 5.36 - licensing of collectors of solid, recyclable and/or yard waste. The proposed change would require the Licensee (recycling service) to provide a quarterly written report. This is currently required for the Licensee providing services to single family and multifamily households. Chapter 9, Section 9.01 —storage, deposit and collection of refuse, yard waste, recyclable waste and solid waste. The proposed changes are: 1. List the zoning districts in which owners, associations, and other management Entities would make available to tenants the collection of recyclable wastes. These zoning districts are OFC, I-2, I-5, I-Gen, C-Reg, C-Reg-Ser, C-Comm, C-Hwy, and TC. 2. Provide recycling information for tenants. 3. Provide containers to tenants. PLANNING COMMISSION MINUTES December 14, 2009 Page 4 Chapter 11, Section 11.03 establishment of district, special requirements and performance standards. Plans will be required to show the location of trash and recycling enclosures. The enclosures would be required to meet architectural standards and setbacks. For the last 20 years, by development agreement, the City has required that development plans (330 properties) show the location of trash and recycling enclosures for screening purposes. Stovring pointed out these proposed changes would apply to new construction. Pitzrick stated the U.S. Green Building Consult had a huge recycling component and he feels the City should be prepared for requests or issues with existing buildings. Lechelt asked, in regards to remodeling projects, should the City require them to comply with these recycling requirements. Herron said the requirements would basically be for new construction. Stovring concurred right now this is just for new projects but it is something that could be added. Franzen stated if a building was gutted or torn down, then it would be a structural change and would need to comply with these requirements. He also pointed out most businesses now do have recycling storage. MOTION by Rocheford, seconded by Wuttke, to direct Staff to work with the City Attorney to draft a recycling ordinance. Motion carried 8-0. Franzen stated there will be no Planning Commission Meeting on December 28. The next meeting will be January 11. VIII. MEMBERS' REPORT Pitzrick asked if there were any incentives for LEED certification and suggested when implementing Guide Plan ideas, this should be considered. IX. CONTINUING BUSINESS X. NEW BUSINESS ADJOURNMENT MOTION by Rocheford, seconded by Lechelt, to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting adjourned at 7:49 p.m.