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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 Page 2 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'. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 10, 2009 Page 3 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. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 10, 2009 Page 4 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.