Planning Commission - 08/10/2009 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,AUGUST 10, 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
Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Lechelt
II. APPROVAL OF AGENDA
MOTION by Schultz, seconded by Kirk, to approve the agenda. Motion carried 8-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JULY 13, 2009
MOTION by Kirk, seconded by Schultz, to approve the minutes. Motion
carried 8-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. Variance 2009-05 by Loco Design. Location 18100 Bearpath Trail
Request to:
• Permit an 8' wall and fence around the perimeter of the Bearpath
Community along Dell Road. City Code requires 6'.
Ken Brooks, of 17894 Bearpath Trail and member of the Bearpath Association
Board, presented the proposal. Mr. Brooks utilized the overhead projector to
show photos of the arborvitae hedge and holes that are in areas of the hedge. He
EDEN PRAIRIE PLANNING COMMISSION MINUTES
August 10, 2009
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pointed out it is very difficult to find an 8 foot hedge and that is why they are
proposing the 8' wall and fence around the area. He pointed out they are
proposing three different types of fences. There would be an iron rail fence,
which would back up to the marsh area, a combination fence and a stone wall.
Stoltz asked Franzen to review the staff report. Franzen stated the project
proponent meets the three factor test for undue hardship. He pointed out there are
three conditions on page three of the staff report and also added they would need
a 2 foot clear zone for snow removal.
Pitzrick asked what landscaping concept would be on Dell Road. Mark Foreman,
designer with the project, stated they would be using native vegetation, such as
low grasses and native flowers. He pointed out there would be a handful of plants
to soften the area.
Stoltz opened the meeting up for public input. There was no input.
MOTION by Kirk, seconded by Rocheford, to close the public hearing. Motion
carried 8-0.
MOTION by Kirk, seconded by Rocheford, to recommend approval of the
variance to permit an 8' wall and fence around the perimeter of the Bearpath
Community,based on plans stamped dated July 21, 2009, and the staff report
dated August 7, 2009 and based on the following findings and conditions:
Findings:
• An 8 foot high wall and hedge was approved as part of the Bearpath Planned
Unit Development.
• Most of the proposed fence, in general, is shorter than the approved plan.
Conditions
• An open fence design shall be used for the fence areas located within the
right-of-way.
• A right-of-way permit shall be obtained prior to the commencement of any
construction activities.
• Bearpath shall accept maintenance responsibility for the fence and columns
and for all costs associated with its future removal or replacement. In
addition, the City reserves the right to have the fence removed from the right-
of-way at any time. Bearpath shall be required to sign an agreement
addressing these items.
• There needs to be a 2 foot clear zone from the sidewalk to the fence to permit
snow removal.
Motion carried 8-0.
B. Variance 2009-06 by Best Buy Store. Location: 11600 Leona Drive.
Request to:
Permit a 3 L5' front yard setback for an accessory structure (wind generator).
City code requires 35'.
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August 10, 2009
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Dwayne Smelt, Project Development Manager for Best Buy,presented the
proposal. He stated they are looking at a partnership between Best Buy and We-
Power, in order to install a wind generator on the Best Buy property. The best
location for the wind generator would be on the north side of the loading dock
area. The pole would be approximately 50 feet in height. Due to factoring in
clearances, the rotating blades would encroach into the front yard setback and that
is the reason for this variance request. They are also requesting a 30' setback
versus the initial 3 L5' setback that was requested. Mr. Smelt said as of today, the
engineers on the project felt they needed the 30' front yard setback. He stated he
was not sure if it was feasible for them to make that request at the meeting
tonight.
Stoltz asked how much power the wind turbine would be generating. Mr. Smelt
said it would not generate enough power to run the store but it would
communicate to the customers and shareholders that they are trying to utilize
renewable energy.
Stoltz asked Franzen to review the staff report. Franzen stated the project
proponent satisfies the three part variance test. He also stated the City would not
be concerned if it was a 3 L5' or 30' setback because there would be no visual
impact.
Stoltz opened the meeting up for public input. There was no input.
Pitzrick asked the project proponent if there was a wind study done. Mr. Smelt
said they did not do a wind study,but felt is was an optimal site for the wind
generator. Harry Were, of We-Power, said this project would always be fully
monitored for wind speed and kilowatts generated. Mr. Smelt said this structure
will raise customer awareness of sustainable building practices.
Schultz commented to the project proponent that he commends him on the
sustainable building practices and asked if this model would be indicative to
future Best Buy stores. Mr. Smelt said they do not know the scope of this because
it is a pilot program,but most likely they would be in other locations. Schultz
asked if there would be any other measures Best Buy would be taking for other
sustainable things. Mr. Smelt said they would be doing such things as upgrading
lighting and using skylights. These are just some examples they would utilize to
save energy. As stores mature in age, they will focus more on remodeling with
sustainable practices.
Martin asked if there were any other spots on the property to locate the wind
generator. Mr. Smelt said they did look at other locations and did choose the
current one because they did not want this to be a distraction due to the size of the
pole.
Lee asked the project proponent why they selected the middle of the road model
for the wind generator. Mr. Smelt said it was picked because of the size and
location. He stated they did not want the generator to look like a wind farm,but
just wanted to make a statement.
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August 10, 2009
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Stoltz asked if a 12 kilowatt pole would produce more energy. Mr. Smelt said it
would only produce about 2% versus the 1% of the other pole. He stated even to
go with a better and bigger model, it would not be worth the money. Stoltz said
he likes the idea but would like to see it produce more energy.
MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion
carried 8-0.
MOTION by Schultz, seconded by Kirk, to recommend approval of the variance
to permit a 30 foot front yard setback for an accessory structure (wind generator),
based on plans stamped dated July 21, 2009, and the staff report dated August 7,
2009 and the following findings.
• The location of the proposed wind generator is along the north property line
and is the best location for capturing winds.
• The proposed wind generator provides an alternative source of energy for the
building.
• The wind generator is similar in character and scale to other tower/pole
structures in the area.
Motion carried 8-0.
VII. PLANNERS' REPORT
VIII. MEMBERS' REPORT
Pitzrick asked Franzen if anything had been scheduled for a future Planning Commission
Meeting to discuss building materials, LED lights for the Town Center Area, and LEED
certification; if the Commission can promote this to project proponents. Franzen said
these items are still part of the work plan for 2009.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Pitzrick, seconded by Schultz, to adjourn the meeting. Motion carried
7-0.
There being no further business, the meeting adjourned at 7:45 p.m.