Planning Commission - 09/24/2012 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, SEPTEMBER 24, 2012 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Steven Frank, 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. Lee was absent.
II. APPROVAL OF AGENDA
MOTION by Schultz, seconded by Fyten, to approve the agenda. Motion carried 8-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON AUGUST 27, 2012
MOTION by Lechelt, seconded by Kirk, to approve the minutes. Motion
carried 7-0. Fyten abstained.
B. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 10, 2012
MOTION by Kirk, seconded by Wuttke, to approve the minutes. Motion
carried 4-0. Frank, Lechelt, Schultz and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
Planning Commission Minutes
September 24, 2012
Page 2
A. SCHUSSLER BARN, by Steven Schussler
Location: 14150 Pioneer Trail.
Request for:
• Guide Plan Change from Parks/Open Space to Office
• Planned Unit Development Concept Review on 2.68 acres
• Planned Unit Development District Review with waivers on 2.68 acres
• Zoning District Change from Rural to Office on 2.68 acres
• Site Plan Review on 2.68 acres
Franzen stated this public hearing should be canceled.
MOTION by Kirk, seconded by Lechelt, to cancel the public hearing. Motion
carried 8-0.
B. SCHUSSLER BARN, by Steven Schussler
Location: 14150 Pioneer Trail.
Request for:
• Planned Unit Development Concept Review on 2.68 acres
• Planned Unit Development District Review with waivers on 2.68 acres
• Zoning District Amendment within the Rural Zoning District on 2.68 acres
• Site Plan Review on 2.68 acres
• Conditional Use Permit
Franzen stated this project must first go to the Heritage Preservation
Commissions for an advisory recommendation on designating the site as a
Heritage Preservation Site and for comment on the conditional use permit. This
will happen on October 15th. The appropriate action is to continue the hearing
to the October 22, 2012 meeting.
MOTION by Schultz, seconded by Fyten to recommend a continuance to the
October 22, 2012 meeting. Motion carried 8-0.
C. BELLERIEVE by Mike Gressor (Continued Item)
Location: 10701 Riverview Road
Request for:
• Zoning District Change from Rural to R1-13.5 on 23 acres
• Preliminary Plat of 23 acres into 10 lots
Marty Campion, of Campion Architects, presented the proposal. He gave a brief
overview of the property and stated that sewer and water will be at the northwest
corner of the sites. He pointed out they are trying to preserve the views and trees
will outline the corridor of the property. The one condition, regarding the outlot
along the river, is the only thing they need to talk about.
Planning Commission Minutes
September 24, 2012
Page 3
Mike Gresser, project owner, stated his home is on the property and in regards to
the outlot along the river, the City wants us to donate 150 feet. He stated they
would do a 75 foot wide area and pointed out they have maintained the land and
will continue to do so. In regards to the outlot,he stated they want to make sure
invasive species do not take over the area. At 150 feet, the dedication would
encroach on the property. The wetlands occupy much of this dimension and a
trail could not be built in this area. He said they would like the trail and feel it
could be accommodated with the 75 feet.
Chair Stoltz asked Franzen to review the staff report. Franzen stated Staff
recommendation is for approval based on page 2 of the staff report. Before it
goes to the City Council, conditions will need to be met. They are listed on page
2 of the staff report.
Fox addressed the request of the 75 foot wide area and compared it to other
property in the area. In regards to the property to the east it was negotiated that
the whole outlot would be dedicated to the City, which is over 150 feet. In
regards to Walnut Ridge, it is just under 75 feet. In regards to this trail , the US
Fish and Wildlife Service does not have funding, but City intention is to
complete the trail in the future.
Chair Stoltz asked if the City took ownership of the trails, who would maintain
them. Fox stated the City would maintain them. Wuttke asked where access
would be for the City to maintain this. Fox stated City access is at the James A.
Brown area. The trail would be a nature trail, not a paved trail.
Pitzrick commented the houses in the area will be very nice. He also asked if
City Staff and the project proponent could have a discussion about the 150 feet
dedication. Kirk and Fyten agreed and felt 150 feet is too much and this can be
negotiated.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Pitzrick, seconded by Fyten, to close the public hearing. Motion
carried 8-0.
MOTION by Pitzrick, seconded by Wuttke, to recommend approval of the
Zoning District Change from Rural to R1-13.5 on 23 acres and Preliminary Plat
of 23 acres into 10 lots based on plans stamped dated September 13, 2012 and
the staff report dated September 21, 2012, with revision to Staff and project
proponent to have discussion and reach an agreement on the width of outlot for
the trail. Motion carried 8-0.
D. MAC DEVELOPMENT by Metropolitan Airports Commission.
Location: Flying Cloud Airport.
Request for:
Planning Commission Minutes
September 24, 2012
Page 4
• A text amendment to Chapter 3 of the City's Comprehensive Guide Plan
which will identify Airport Commercial and Airport Office zoning for the
proposed parcels which are currently guided Airport.
• A text amendment to Chapter 5 of the City's Comprehensive Guide Plan
relating to safety zones.
• A text amendment to Chapter 11 of the City Code to create the Airport
Office and Airport Commercial Zoning Districts.
Franzen presented the proposal and stated an email was received from John
Fedora and residents of The Tree Farm and North Bluff neighborhoods. This is
included in the packet. Franzen stated this project was talked about at the last
meeting and a presentation was given by the City Attorney and staff. Back in
December 2010, the City and the Metropolitan Airports Commission (MAC)
entered into a Memorandum of Understanding to establish a mutually agreeable
review process and regulations for development parcels at Flying Cloud Airport.
The MAC has identified 6 parcels for development as Airport Commercial and
Airport Office. This process involves a series of hearings. The first set of
hearings is to amend the text of the comprehensive plan to add development
parcels on airport property, a change to safety zones, and creating zoning
district standards for Airport Commercial and Airport Office uses. The second
set of hearings for a rezoning of each of the 6 parcels will be held at a later date
and property owners will be notified of the hearing date(s) and time(s). The
third set of hearings for review of site plans for each of the 6 parcels will be
held at a later date and property owners will be notified of the hearing date(s)
and time(s). Staff recommendation is for approval.
Chair Stoltz asked Franzen to talk about why an MOU was created for the
development parcels. Franzen said MAC approach the City about developing
certain parcels at the airport. One of the primary questions discussed was city
zoning authority over non aeronautical land. The City felt there was local
authority. MAC did not agree with this position. Both sides agreed that a MOU
would be a better process, than a court process since it allows for due process
and public input while allowing MAC to obtain zoning first so they could
market sites to developers. Chair Stoltz commented that MAC came to the City
and said they would like to develop and a as a result a review process and
regulations were created.
Frank asked about objectives and asked what MAC wanted to build on this land.
Erick Johnson, a representative of MAC, said they are interested in developing
more parcels for opportunities. They are working with the City and developers
to see what their possibilities are and will come back with a better plan once
they know.
Planning Commission Minutes
September 24, 2012
Page 5
Kirk wanted to reiterate what the Commission is voting on. It is to create the
regulatory tools and have public input on the development. Kirk stated the
Commission should focus on putting this framework in place.
Chair Stoltz said he appreciates MAC coming here and working with the City.
Chair Stoltz opened the meeting up for public input.
Rick DeJohn, of 9756 Tree Farm Road,reiterated what was in the email from
John Fedora and asked MAC if it makes sense to develop parcel 6.
Dan O'Neill, of 12476 Jasper Lane, asked in regards to parcel 6, how does the
zoning work. Franzen said the regulatory tools are created first in order to be a
basis for review of zoning and site plans in the future. Mr. O'Neill asked if there
has been a Comprehensive Environmental Impact statement done yet. Franzen
stated not at this point. Mr. O'Neill said the entire backside of parcel 6 is a
slope and suggested putting something off of Pioneer Trail.
Chris Bun, from Eden Prairie Road, said it seems like this is all being done to
generate revenue for MAC.
Pitzrick said he has a concern regarding the comprehensive plan and asked if
parcel 6 could be moved to the west as that might eliminate a lot of discussion.
Bridget Rief, a representative of MAC, said the western boundary of parcel 6
has a radar control with a 1,000 foot buffer and no buildings can be within this
area.
Frank asked if there was some flexibility for development in parcel 6. Ms. Rief
said no, there was not.
Lechelt asked if parcel 6 was a wetland. Franzen said a portion of the property
does show up on the map as a wetland, but no delineation has been done.
Lechelt asked if there was an easement around the culvert. Rue said when the
County built up Pioneer Trail, they put in the easement. Lechelt asked if the
City would work with the developer to relocate or reroute this. Rue stated yes,
they would work with the developer.
Pitzrick said, in regards to property tax, he is having a hard time with this
development since they do not have to pay taxes on the land.
Frank said he is okay with moving ahead with this. Wuttke said he is also
comfortable moving forward. Wuttke asked MAC if they were doing this in
other cities. Ms. Rief stated yes, and pointed out Anoka is further along than
Eden Prairie in the process and they have been FAA approved. They are also
working with the City of Bloomington.
Planning Commission Minutes
September 24, 2012
Page 6
Steve Luntz, of Tree Farm Road, said he is unclear what is going to happen if
pass this zoning requests. In regards to MAC, what discussions did they have
with developers and lastly, what does MAC see for viable height safety.
Mr. Johnson, of MAC, said in regards to developer conversations, only parcels
3 and 4 were looked at, and a gas station or commercial, as in Subway or Dunn
Brothers, was suggested. Ms. Rief stated they picked these sites based on
height restrictions and have to abide by what the FAA criteria is.
Kirk addressed what would happen if this item is approved tonight. He said the
Commission would be positioning itself, in regards to zoning, for future
discussions. If the item is not approved by the City there is the potential for no
public input as to what can be built.
Rick DeJong asked if there was any way parcel 6 could be moved to the west.
Ms. Rief stated the radar or VOR cannot be moved or gotten rid of. Mr. DeJong
asked if it could be moved just a quarter of a mile west. Ms. Reed said no,
because it has to be a certain distance from the runway.
Lechelt asked Franzen, in regards to zoning, are there plans to include zoning
and height restrictions. Franzen stated yes, there are plans to include zoning and
height restrictions.
Schultz asked what the Commission's charge is tonight. Franzen said it is to
make an advisory recommendation on the guide plan text amendments and
amendments to chapter 11
MOTION by Schultz, seconded by Kirk, to close the public hearing. Motion
carried 8-0.
MOTION by Schultz, seconded by Lechelt, to recommend approval of the text
amendment to Chapter 3 of the City's Comprehensive Guide Plan which will
identify Airport Commercial and Airport Office zoning for the proposed parcels
which are currently guided Airport; the text amendment to Chapter 5 of the
City's Comprehensive Guide Plan relating to safety zones; and the text
amendment to Chapter 11 of the City Code to create the Airport Office and
Airport Commercial Zoning Districts. Motion carried 8-0.
VII. PLANNERS' REPORT
A. 2013—2022 CAPITAL IMPROVEMENT PLAN—DRAFT
Franzen stated state law requires the Commission to determine that the Capitall
Improvement Plan is in conformance with the Comprehensive Plan. The City
Planning Commission Minutes
September 24, 2012
Page 7
Attorney would like the Chair and Vice Chair to sign this resolution. Chair Stoltz
and Vice Chair Fyten signed the resolution.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
Fyten said he attended the meeting a few weeks ago and the project was
awarded additional funding. Fyten asked about the status of relocating the
Town Center Station. Franzen stated that will be addressed at the October 8h
meeting.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Kirk, seconded by Fyten, to adjourn the meeting. Motion carried
8-0.
There being no further business, the meeting was adjourned at 9:05 p.m.