Planning Commission - 08/13/2012 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,AUGUST 13, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Catherine
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 & Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Schultz was absent and Wuttke
arrived during Public Hearing C.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Lee, to approve the agenda. Motion carried 7-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JULY 23, 2012
MOTION by Frank, seconded by Pitzrick, to approve the minutes. Motion
carried 5-0. Kirk and Lee abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. THE WOODS AT BRYANT LAKE by Landmark Development of MN, LLC.
(CONTINUED ITEM)
Location: 7550 Market Place Drive
Request for:
• Planned Unit Development Concept Review on 6.95 acres
• Planned Unit Development District Review with waivers on 6.95 acres
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August 13, 2012
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• Zoning District Change from Rural to R1-22 on 6.95 acres
• Preliminary Plat of 6.95 acres into 5 lots
Franzen stated the project proponent is requesting a continuance to the August
27, 2012 meeting.
MOTION by Kirk, seconded by Frank, to recommend a continuance to the
August 27, 2012 meeting. Motion carried 7-0.
B. MAC DEVELOPMENT PARCELS by Metropolitan Airports Commission
Request for:
• Guide Plan Amendment to add Airport Commercial and Airport Office as an
implementation tool for Airport Land Use
• Zoning District Amendment to Chapter 11 to add Airport Commercial and
Airport Office as a Zoning District
Franzen stated the Commission action this evening is to cancel the public
hearing. After the notice was published in the paper, Staff determined that
amendment to Chapter 5 (Transportation) of the guide plan relating to safety
zones was also needed. Staff will send notice to the newspaper and property
owners for the September 10th meeting.
MOTION by Lechelt, seconded by Fyten, to cancel the public hearing. Motion
carried 7-0.
C. VARIANCE#2012-04 by Steve Milbrath
Request for:
• Permit a third stall garage addition with a side yard setback of 5 feet. City
Code requires a 10 foot minimum side yard setback in the R1-13.5 Zoning
District
Steve Milbrath, owner of the property at 6709 Boyd Avenue,presented the
proposal. He stated they would like a third stall garage built on the property.
He stated they looked at alternatives for a detached garage in the backyard,but
there is a hill in the backyard and he would have to remove a lot of trees to
construct the driveway. Because of these items, they did not consider it as an
alternative and are here tonight asking for the variance.
Chair Stoltz asked Franzen to review the staff report. Franzen stated this
request meets the three part test for reasonable use, unique circumstances, and
neighborhood character and staff recommendation is for approval.
Chair Stoltz opened the meeting up for public input.
Shawn Chessman, who lives in the area of this project, stated the Commission
should not approve this request and he is not in favor of this. He gave his
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August 13, 2012
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reasoning because a past neighbor's variance was not approved, yet they came
up with an alternative. Also, the neighbor across the street saw what happened
to this resident so they ended up purchasing land from their neighbor and
worked with the property that way.
Lee asked Mr. Chessman how far away he lives from the project proponent.
Mr. Chessman said he lives up the block at 6782 Boyd Avenue.
Lee asked Franzen why some variance requests are approved and some are not.
Franzen stated each request is unique and needs to be evaluated according to the
three part test for reasonable use, unique circumstances, and neighborhood
character.
Pitzrick asked the project proponent, if when looking at a tandem garage, was it
one stall or two. Mr. Milbrath stated it was one stall. Pitzrick stated, in looking
at the area, neighbors could potentially ask for a 3 stall garage and asked if we
would be setting precedence for a 10 foot setback. Stoltz said the Commission
should judge these requests on an individual basis. He also stated in looking at
this request,he was in favor of it. Pitzrick stated he did not feel this was a
unique lot in comparison to other lots in the neighborhood.
Lee asked what the space between the 2 stalls was. Mr. Milbrath said it was
about 2 1/2 to 3 feet.
Wuttke asked what the setback was to the north. Franzen stated it was 25 feet.
Wuttke stated he does not have a concern with this request and feels it would
not set precedence.
Chair Stoltz stated the project proponent's neighbors signed a letter stating they
approve of this project.
MOTION by Wuttke, seconded by Fyten, to close the public hearing. Motion
carried 8-0.
MOTION by Wuttke, seconded by Frank, to recommend approval of Final
Order 2012-04. Motion carried 6-2, with Pitzrick and Lechelt abstaining.
D. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie
Development LLC
Location: Mitchell Road & Cochrane lane
Request for:
• Guide Plan Change from Community Commercial to High Density
Residential on 3.105 acres
• Planned Unit Development Concept Review on 3.105 acres
• Planned Unit Development District Review with waivers on 3.1058 acres
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• Zoning District Change from Community Commercial to RM-2.5
on 3.105 acres into one lot
• Site Plan Review on 3.105 acres
Scott Carlston, of 8150 Drexel Court, Eden Prairie,presented the proposal. He
utilized the overhead projector to show the main parcel of land, which is located
between Buca and the BP gas station. He stated they are back tonight as a few
items have changed in the proposal since the last time they were here in June.
At that time, there were 186 units and the apartment square footage was
214,810. Now there is a reduction in size, the square footage went from
214,810 down to 211,195, and the unit count went up from 186 to 192. Mr.
Carlston introduced Mark Anderson, civil engineer with MFRA, who will
address parking and items they talked with staff about.
Mr. Anderson stated the primary change in this project is the unit counts. He
pointed out that they added,per staff recommendation, 38 more opportunities
for parking stalls within the site and a two way turn around at the main entrance.
He utilized the overhead projector to show what this would look like, along with
the added parking. He stated they will also be adding amenities such as,
benches, trail connections, a concrete stamped walk, decorative fencing and
lighting. He also stated they will be adding flowering planting.
Mr. Carlston stated they will have bike racks both indoors and outdoors and
could possibly have rental bikes. They also talked about a hybrid or electric car
on site for rental. They have reached out to GE but have not heard back from
them. He said they would like to start out with one car, versus two, to see how
much it gets utilized. There will also be a dog walking trail, and they would
like to meet with staff in regards to designing this. They will also be bringing
sculptures onto the site.
Frank asked why there was a change in the amount of units. Todd Mohegan, of
Mohegan, Hanson Architecture Group, stated they changed the unit mix of the
project. There has been more of a market need for studio and one bedroom
apartments versus two bedroom apartments. Frank asked what function the
hybrid or electric cars would serve for the residents. Mr. Carlston stated the
residents who do not have vehicles will have the opportunity to rent one on site.
Chair Stoltz asked Franzen to review the staff report. Franzen said staff
recommendation is for approval based on page 5 and 6 of the staff report. There
are a few points to address. We would like the residents to be able to rent
vehicles if they do not have one of their own. Since the property is not on a bus
line and as a tradeoff for fewer parking spaces, staff felt that two vehicles
would be appropriate. Stu Fox will address this. Fox stated this trail was put in
as a nature trail and not ADA compliant. We would like to build a boardwalk as
an alternative of building up landfill. Residents like the use of these and will
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August 13, 2012
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utilize the trail. Because of this, we would like to see the trail connection
completed.
Chair Stoltz opened the meeting up for public input. There was no input.
Pitzrick asked the project proponent how they will manage the parking stalls
inside the building. Barbara Halverson, President of Steven Scott Management
Company, stated there is one underground parking stall per bedroom. With the
studio and one bedroom, it is more likely that there would only be a need for
one parking stall.
Pitzrick asked if someone does not want to pay for inside parking, could you be
able to accommodate 30-40 people wanting to park outside. He stated his
concern is if someone does not want to pay for inside parking and chooses to
park outside, there could be huge issues because parking on Cochran is public.
A solution to this problem could be to have the cost of parking included in the
rent. Mr. Carlston stated since they were here in June, they have added 38 more
stalls.
Kirk asked Franzen if there were any highlights at the City Council meeting that
they should know about. Franzen the city council talked about waivers and
parking but gave no specific direction related to plan changes.
Lee asked if he could get a procedural background on this project because he
has missed a few meetings. Franzen stated the reason the project is returning to
the Commission is that the developer presented a 192 unit plan to the City
Council, which was different from the 185 unit plan approved by the Planning
Commission. Even though the 192 unit plan was correctly noticed, the City
Attorney advised that the city code requires the Planning Commission
recommendation on a Planned Unit Development before the City Council can
take action. Since the Commission approved the 185 unit plan, it was not
permissible for the Council to take action on a 192 unit plan. Frank stated
because of this, we need to be firm with the number of units going to Council.
Franzen stated 192 units are for the plan tonight.
Fyten commented he is not in favor of this project and does not feel the guide
plan is right for the area; it is not density appropriate and would be better in
Golden Triangle to help stimulate redevelopment activity around the future light
rail station.
Pitzrick stated at the previous meeting, he was in favor of the project and did
not feel density was an issue. What his concern is, is with the parking and feels
indoor parking should be included in the rent and not be an option.
Frank said in the initial meeting we did not speak a lot about density but rather
parking and he feels they came back with a solution for that. Frank asked Fyten
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August 13, 2012
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why he thought density was an issue. Fyten said he did not feel it was a good fit
for this particular area. Kirk stated he agrees with Fyten and feels this idea of
this project is a good one,but it does not fit the property area.
Chair Stoltz asked if anyone was concerned with the height of the building. Mr.
Mohegan stated there is one story of parking above grad and 5 stories of
apartment. Chair Stoltz asked the Commissioners if it would help to have more
drawings of the building. Lechelt asked the Commission Members what they
would like to see in this area. Fyten said he would like to see less stories with
this project. Pitzrick stated there is not a lot of alternatives for this sites; a strip
mall or a complex such as this. Chair Stoltz asked Franzen if he felt this project
was an acceptable use of the property. Franzen said yes.
MOTION by Lee, seconded by Frank, to close the public hearing. Motion
carried 8-0.
Pitzrick said before a motion is made, can we comment on the number of bikes
and cars for this project. Wuttke stated he would like to talk about this and feels
one car to start is good and if it is not utilized in a 2 1/2 year period, then this
should be revisited for its usefulness. Pitzrick said he would like Fox's
recommendation to have a boardwalk connect the trails. Commission members
discussed having one hybrid or electric vehicle and 10 bikes with review after 5
years by staff and project proponent.
MOTION by Pitzrick, seconded by Lee, to recommend approval of the Guide
Plan Change from Community Commercial to High Density Residential on
3.105 acres, Planned unit Development Concept Review on 3.105 acres,
Planned Unit Development District Review with waivers on 3.105 acres,
Zoning District Change from Community Commercial to RM-2.5 on 3.105
acres, Preliminary Plat of 3.105 acres into one lot and Site Plan Review on
3.105 acres based on plans stamped dated August 7, 2012 and the staff report
dated August 10, 2012 with the following modifications, one hybrid or electric
vehicle and 10 bikes with a review by staff and the project proponent 5 years
after the date of occupancy to evaluate need. Motion carried 6-2, with Kirk
and Fyten opposing.
VII. PLANNERS' REPORT
A. SALE OF CITY PROPERTY
Franzen stated the City Staff is recommending the sale of a portion of park
property, which is currently not being used for park purposes. In order to
proceed with the sale, Minnesota Statutes require that the planning agency,
"Planning Commission" find that the sale of the property is in conformance
with the comprehensive plan. This is accomplished by approving a resolution.
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August 13, 2012
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Franzen stated if an owner brings in a conforming plan the Commission has an
obligation to approve it.
Wuttke asked if there was an access on Sunnybrook and Homeward Hills.
where the driveway entrances would be located. Franzen said he did not know
the answer today but would check and report back.
MOTION by Kirk, seconded by Fyten, to approve the resolution. Motion
carried 8-0.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
Fyten gave an update on the plan and said last Thursday was the meeting and
they have released the RFP and anticipate a completion date of 2018.
Pitzrick said if there are any concerns regarding the Town Center Station than
we need to get the City Council and business owners involved. Franzen stated
that the City Council passed a resolution relating to station alternatives for the
Town Center, that staff has talked with the project office about the need to study
station alternatives, and that staff has been meeting with area businesses on
alternative station locations. He also stated at the next meeting the staff could
provide information on station alternatives and the results of discussions with
area businesses.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Pitzrick, seconded by Lechelt, to adjourn the meeting. Motion carried
8-0.
There being no further business, the meeting was adjourned at 8:33 p.m.