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Planning Commission - 10/10/2011 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 10, 2011 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner; Rod Rue, City Engineer; Stu Fox, Manager of Parks and Natural Resources; Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk was absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Wuttke, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 22, 2011 MOTION by Fyten, seconded by Wuttke, to approve the minutes. Motion carried 5-0. Lechelt and Schultz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. VARIANCE#2011-07 by Windsor Plaza Location: 11995 Singletree Lane Request to: • Permit a 5 foot setback from the property line. The City Code requires 15 feet. • Permit a sign base of 70 square feet. City Code maximum sign base in the C- Reg-Ser District is 40 square feet. Theresa Elveru, Vice President of NorthMarq, presented the proposal. She stated they would like to move up the sign due to the slope in the area. She utilized the overhead projector to show where they would like to position the sign and the setback area. She stated there are two electrical boxes and traffic lights that are EDEN PRAIRIE PLANNING COMMISSION MINUTES October 10, 2011 Page 2 obstacles in the way of the signage. She showed where the sign would be placed due to the setback requirements and it is right by the pond on the slope. Chair Stoltz asked Franzen to review the staff report. Franzen stated in regards to the practical difficulty test, they do meet the requirements because they only have two signs on the property, there are unique circumstances such as an electrical box and traffic lights that are obstacles, and it does comply with the neighborhood character as Bobbie and Steve's Auto World have signage that is also closer to the road. Staff recommendation is for approval of Variance 2011-07. Franzen also addressed a letter in the packet from Edward Flaherty, President of Lariat Companies. His company has numerous properties in Eden Prairie and he stated that granting the variance to NorthMarq would be good for the Windsor Plaza and positive for businesses in Eden Prairie. Chair Stoltz opened the meeting up for public input. There was no input. Lee asked if this is an"either/or" variance because it looked like a few pieces were missing. Ms. Elveru stated they had a couple alternatives to this variance; a 5 foot setback with a conforming size sign , or a larger sign but at the required 15 foot setback. Pitzrick stated he would prefer a 5 foot setback rather than to have a larger sign and to limit this request to a 5 foot setback and not consider a bigger sign. Chair Stoltz asked Franzen to review the alternatives. Franzen stated there are four Commission actions on page 2 of the staff report. Approval of Final Order #2011-07. Approval of Final Order#2011-07 with modifications. Continue Variance Request#2011-07 for additional information. Deny Final Order#2011- 07. MOTION by Pitzrick, seconded by Lechelt, to close the public hearing. Motion carried 7-0. MOTION by Pitzrick, seconded by Lee, to recommend approval of Final Order 2011-07 based on plans stamped dated September 7, 2011 and the staff report dated October 7, 2011 to allow a 5 foot setback from the property sign but not to increase the size of the sign. Motion carried 7-0. B. CODE AMENDMENT—COMMERCIAL PUD AREA IDENTIFICATION SIGN Request for: An ordinance of the City of Eden Prairie, Minnesota amending City Code Chapter 11 by amending Section 11.70 relating to sign permits, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contains penalty provisions. Franzen stated the background for this code amendment change came after Staff denied a sign request for the Lone Oak Center. The proposed signs on Lot 1 and EDEN PRAIRIE PLANNING COMMISSION MINUTES October 10, 2011 Page 3 Lot 3 included businesses not located on the lot where the sign was proposed. When driving to this development it makes sense for signs to be located at the corners of the project. When driving south bound on Mitchell Road, one would need to see the sign before the turn lane and driveway entrance into this site. If the sign is located at the driveway it may be too late to make the turn. When driving northbound, one would want to see a sign at the intersection of Lone Oak Road and Mitchell Road so the car can be in the left turn lane. If you miss the left turn there is no other way to enter the property due to the median. This amendment would also help to identify the tenants. Chair Stoltz asked how this change in the Code came about. Franzen stated Mr. Hoffman, an owner at one of the businesses, asked for this change. Franzen stated Staff looked at where it would make the most sense for signage. He stated this will impact about 5 centers in Eden Prairie. Wuttke asked if there was a time table for this to be approved. Franzen stated there was not a time table. Wuttke stated he would like more time to look at this code amendment. Schultz stated this is a triple win situation for everyone and feels this is fine to move forward with it tonight. Lee stated other businesses may not know about this change and would like to give them time to come forward or the City to let them know what is going on. Schultz stated the City typically does not go out to businesses and let them know there is going to be a change in the City Code. Lechelt commented if we are changing it for PUD with 3 or more lots maybe we should change it for all. Fyten asked if this code addresses the style and character of the sign. Franzen stated the existing code is size and height of signs, not design or character. Chair Stoltz asked the Commission their thought on the code change. Pitzrick stated he would like a continuance. Lee commented that three lots is an arbitrary number and with two lots we would see more variance requests. Chair Stoltz opened the meeting up for public input. There was no input. Chair Stoltz said he does agree with Schultz,but would be okay with a continuance. MOTION by Pitzrick, seconded by Wuttke, to recommend a continuance of the Code Amendment to the October 24 Planning Commission meeting. Motion carried 6-1 with Schultz in disapproval. EDEN PRAIRIE PLANNING COMMISSION MINUTES October 10, 2011 Page 4 VII. PLANNERS' REPORT Franzen stated there are two items schedule for the October 24 meeting plus the continued code amendment. VIII. MEMBERS' REPORT Lechelt commented she attended the light rail workshop and found it to be very interesting. She stated a lot of the speakers were from Texas and some of them pointed out there would be additional opportunities for people at the end of the lines to visit the City and its amenities. Lechelt said we should look at Eden Prairie's last stop on Mitchell Road for opportunities for people visiting the City. Chair Stoltz welcomed Troop 295 to the Planning Commission meeting tonight. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Fyten, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:37 p.m.