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Planning Commission - 04/22/2013 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 22, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Mike Franzen, City Planner; Regina Rojas, City Planner; Stu Fox, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Lee called the meeting to order at 7:00 p.m. Stoltz and Lechelt were absent. II. SWEARING IN OF NEW MEMBERS Franzen conducted the swearing in of Ann Higgins and Mary Egan. III. APPROVAL OF AGENDA MOTION by Wuttke, seconded by Kirk, to approve the agenda. Motion carried 6-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 25, 2013 Egan pointed out on page 3, first paragraph,her name was spelled incorrectly and should be Egan. MOTION by Wuttke, seconded by Kirk, to approve the minutes. Motion carried 3-0. Kirk, Higgins and Egan abstained. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. VARIANCE#2013-02 by Jensen/Stotesbery Pool Project Location: 17576 George Moran Drive PLANNING COMMISSION MINUTES April 22, 2013 Page 2 Request: To permit a shoreland setback for an in-ground pool of 130' from the Ordinary High Water Level of Mitchell Lake (DNR classified Natural Environment waters.) City Code requires a 150' setback from the Ordinary High Water Mark. Christy Jensen, owner of the property,presented the proposal. She stated they are requesting the variance because they are putting in a pool. They need this variance because the house is at an angle. Ms. Jensen pointed out the pool would not be visible from the lake and no trees need to be removed. They would also take out the cement sport court. She stated they are also willing to work with the DNR to do shoreland restoration in the area. Vice Chair Lee asked Rojas to review the staff report. Rojas said they meet the three practical difficulties test and staff recommends approval. Vice Chair Lee opened the hearing up for public input. There was no input. Wuttke asked if the original language that was put in the agreement in 1989 could be changed so the Commission would not have to hear these requests, because other lots were given 100 feet. Franzen stated the language cannot be changed. Wuttke asked if there were any other DNR rulings in conjunction with this. Ms. Jensen said they do plan on doing infiltration around the pool and shoreland restoration. Wuttke stated he just wanted to make sure it was part of the plan. Ms. Jensen said it was in the plan. Vice Chair Lee asked Rojas what was going on with the sport court. Rojas stated it was there illegally and the project proponent will have it removed. Egan asked where the location for the pool equipment would be. Ms. Jensen said it would be along the side of the house and hidden from the lake. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Wuttke, to recommend approval of the Final Order 2013-02 with the addition of the condition that the sport court be removed. Motion carried 6-0. B. VARIANCE#2013-03 by Eden Prairie High School Booster Association Location: 17185 Valley View Road Request: • A variance from City Code Section 11.03, Subd. 2, 11-1le, Accessory Structure Maximum Height in the Public Zoning District from 30to 48 feet. PLANNING COMMISSION MINUTES April 22, 2013 Page 3 Sarah Cheesman, of 6782 Boyd Ave, representing the Eden Prairie Booster Association,presented the proposal. She pointed out the current scoreboard is obsolete. She stated there are three ways it will impact the community. The first is that it will enhance the fan participation experience. The second is that it can be used in conjunction with fund raisers. And third, it can be used as hands on curriculum. She showed a power point presentation of the scoreboard. The project proponent showed photos of the structure. She pointed out the homes in the area are blocked by trees so the sign would not be intrusive. The current scoreboard is 30 years old and many other cities have this type of structure. The scoreboard is on school property and would not impact homeowners. If the sign is altered and made shorter, the potential for vandalism would increase and if it is made a different size it will not be aesthetically pleasing. Mike Grant, 6840 Rosemary Road, Activities Director and Head Football Coach at Eden Prairie High School,passed out a letter from the school district, which states they fully support this video display board. Mr. Grant said in the past, the High School was questioned about having three turf fields and because of the weather we are currently having, this is a good idea. Mr. Grant said that as Activities Director,he knows what this can do for all activities and not just football. It is an opportunity to celebrate the whole school. It is student driven and can be tied into the curriculum because they will be managing the video display boards. The Boosters each year donate $65,000 and are the life blood of the program; they are funding this. Wayzata already has this board and Chaska and Chanhassen are thinking about doing it too. It will be an enhancing experience. The pine trees were put up to block the homeowners' view when the bubble was put up. Mr. Grant stated it looks like the new scoreboard belongs here; this is what the kids get excited about. He said what the City is doing at Round Lake; that is what we are trying to do here. Franzen said the scoreboard and video screen is an accessory structure. When staff first met with the applicant, three processes were identified. A code amendment would take 6 months. A waiver process would be about 120 days and tradeoffs or benefits to the City need to be identified for an exception. The variance route is 45 days. There is a three part test for variance requests based on reasonable use, unique circumstances, and neighborhood character. Based on the information provided the staff recommendation is for the commission to adopt a final order for denial. If the commission wanted to approve the variance the hearing would have to be continued for in order for the staff to prepare findings. Vice Chair Lee opened the hearing up for public input. There was no input. Frank asked if the City has heard anything from the north residential properties. PLANNING COMMISSION MINUTES April 22, 2013 Page 4 Ken Erickson, of 16540 N. Oak Crest Court, said they are north of the property and his wife talked with the neighbors regarding the sign. They were in favor of it and felt if anything it would reduce the noise. He also pointed out his son was involved with Eagle Vision News and would be in support of this. Frank asked if the lights would impact him. Mr. Erickson said no, they would not. The project proponent said the lighting is LED. Franzen said notices were sent out 500 feet and there were no objections. Wuttke asked what impact LED light emission would have on traffic. Jerry Morton, of 7655 Washington Avenue, Edina, electrician from Daktronics, said the scoreboard will only be on during game time. Otherwise the screens will go blank. There should be no impact with traffic. Wuttke asked about the speaker system and would it be more directional. The project proponent said yes, it is more directional to the stadium and this is a positive thing. Wuttke said about 40% of the area on the sign is for sponsorship. The project proponent said that is correct because they will pay to have their name up there. They will be all local Eden Prairie businesses. Wuttke asked if the City was okay with this. The project proponent said they cannot advertise certain products but can have sponsors on the Board. Franzen confirmed they can have sponsorship on the board but no advertisement. Vice Chair Lee asked if the Boosters own and run the scoreboard. The project proponent confirmed the Boosters own and run the scoreboard. Frank said in regard to the height, if it was held to the 30 feet standard what impact would it have. The project proponent said they will lose the Eden Prairie sign on top and also the sponsors which are needed for support. The size would have to be changed and it would reduce revenue. Mr. Grant said if you go to any stadium that has this type of scoreboard, when spectators are looking at this you don't want them to be looking down on this. That is why the height should stay as it is. He stated the speaker is where the EP is. Mr. Morton said it is a very clean sign. The sponsors want their name to be seen. Egan asked if the speaker on top could be lowered. Mr. Grant said the speakers should be at the highest level to be efficient. Egan asked again if the speaker can be lowered. Mr. Morton said the idea is to have sound go through the stadium so you don't have hot spots. PLANNING COMMISSION MINUTES April 22, 2013 Page 5 Kirk asked if asked if this would impact commercial signage. Franzen said this is an accessory structure and not a sign and would not set a precedence. Kirk said he has concerns with the process. He said there are two issues. Do we want the scoreboard the size as it is and what is the correct process for this project. Kirk said he understands the urgency but wants to make sure the process is done correctly. Higgins said she is also concerned about height and the correct process. Vice Chair Lee asked if other sports, besides football, will be using this. The project proponent said yes, other sports will utilize it and it will also be used for community events and pointed out the opportunities are endless. Lee asked if people will have to be hired to train people how to use this. Mr. Grant said Detronics would train the people. Also, a teacher will facilitate students to participate in this. Bill McDonald, of 15071Steller Lane, and past president of the Boosters said he had a daughter in Eagle Vision news and went on to college and led classes with the experience she received at Eden Prairie High School. He said he believes the scoreboard is where we want to take the community. Vice Chair Lee asked about cost and what happens if you have to take the scoreboard apart. Mr. Morton said there are five components to this. They are all connected and can be taken down. The project proponent said the cost of the sign is about$459,000. Frank asked about purpose and intent of the ordinance. Franzen said the height is not in harmony with the ordinance. Franzen added that if the commission wants to approve a variance it has to be based on meeting the three part test. Findings must be established and that is the critical part. If the Planning Commission approves any variance, there is a 15 day grace period for appeal. Higgins asked about process and said it sounds like there are alternatives to the variance process and asked what process would be better. Franzen said code amendment first, PUD second, and variance third. Frank said this might set precedence for other schools in Eden Prairie. Franzen said we have an obligation to treat all requests in a fair manner. Vice Chair Lee asked the commission if this variance satisfies the three part test. Higgins said code amendment is the correct process. Wuttke said he is leaning towards a code amendment. Wuttke said perhaps the ordinance we are putting it under is not appropriate. The project proponent pointed out the scoreboard will have to come down regardless if this is approved or not. PLANNING COMMISSION MINUTES April 22, 2013 Page 6 Kirk said the question should be the size of it. Egan agrees with Higgins and is questioning if getting a variance is the way to go. Franzen said the Commission should decide what reasonable use needs to be. Justify why it needs to be taller and larger than ordinance allows. The Commission has the ability to disagree with what the City staff suggests. Kirk asked if you can do mitigation through variance and waiver. Franzen said yes, it can be done through variance. Kirk said if the Commission wants to approve this we need a defined set of findings, which we do not have, and asked if that is what we need the continuance for. Franzen said that is correct and it could be brought back at the May 13'h meeting with findings. Frank said he agrees with a continuance. Vice Chair Lee said he was concerned about setting precedence and used the baseball scoreboard as an example, if they would come forward and want a video on it. Kirk suggested we get a feel for where the Commission stands on this. Wuttke said he is concerned with setting precedence and having some ordinance change with regards to height, square footage and sponsors. Higgins agreed with Wuttke. Kirk also agrees with Wuttke and thinks the best way to handle this request is through an ordinance change. Frank applauds the initiative but agrees the ordinance approach is the best way. Egan also agrees with the code amendment. She asked if the project could be done in phases. The project proponent said it could not be done in phases. Lee said he disagrees with the Commission and feels the variance route is the way to go because he sees this as reasonable. He does not want to hold this up but also feels 120 days is not that long. The project proponent said 120 days is long and could have a negative impact in regards to sponsors. Frank said we can have an ordinance change or continuance of the project and asked if it is worth the extra time. Franzen said as long as the commission establishes findings for approval and address the 3 part test, then the commission is following the code and state law. Franzen suggested applicant could think about it for two weeks and come back with findings to support a variance. The project proponent asked what findings need to be gathered for the variance approval. She also asked if the Commission wants to see the portable sign, if Daktronics can supply it. Kirk felt that was not necessary and is more concerned with the process. He thinks it would be positive for the City,but wants to do it right. PLANNING COMMISSION MINUTES April 22, 2013 Page 7 Franzen said it sounds like the applicant would be willing to come back in 2 weeks. Kirk also agreed that to get the findings documented, it would have to be continued. Lee asked if this could be taken to the City Council. Franzen stated that the code established the commission as the board of appeals. The City Council role is to hear only appeals from a commission decision. Frank said the best route would be a 2 week continuance. Kirk believes if everything was documented correctly, it could be done with the variance. Wuttke said he would like to see an ordinance change. The project proponent asked to please not slow down their process to make an ordinance change. She does not believe another party will come forward to have a sign like theirs because they do not have the funding. Vice Chair Lee said he would like a variance over the code amendment. Wuttke said he prefers a code amendment. Higgins also prefers a code amendment. Kirk would like the variance with the right set of findings; Frank concurred. Egan is leaning towards a code amendment. MOTION by Kirk, seconded by Wuttke, to recommend a continuance to the May 13, 2013 meeting. Motion carried 6-0. Franzen said in regards to findings and conclusions, they will work with the project proponent. There was a 5 minute break, resuming at 9:17 p.m. VIII. PLANNERS' REPORT A. NEW MEMBER APPOINTMENT TO SW LRT CAC Katie Lechelt was appointed by the City Council to be a member of the Citizens Advisory Committee for the Southwest Light Rail. Her first meeting will be Thursday. B. FINAL RECOMMENDATIONS FROM GLOBAL GREEN RELATING TO SUSTAINABILITY FOR THE GOLDEN TRIANGLE AREA Franzen stated for those participating in the Global Green discussion for creating a sustainable neighborhood in the Golden Triangle Area, the report and recommendations are in the packet. C. LISC CORRIDOR DEVELOPMENT INITIATIVE Molly Koivumaki, Housing and Community Service Manager for the City of Eden Prairie, said they are looking for volunteers to spend time in 4 —2 hour workshops. These workshops will look at areas for redevelopment around Eden PLANNING COMMISSION MINUTES April 22, 2013 Page 8 Prairie's LRT stations for affordable housing. If anyone is interested let Mike Franzen know. D. JOINT WORKSHOP WITH CITY COUNCIL MAY 7, 2013 Franzen reminded the Commission of the Council Workshop on the LRT at 5:00 pm on May 7, 2012. He said this will be an opportunity to see the big project of the LRT. E. MPCA-LANDFILL UPDATE Franzen said the City has received official notice that the Pollution Control Agency will begin work on the landfill. If there are any questions they should be directed to Patrick Hansen of the MPCA. IX. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL There was no report. X. CONTINUING BUSINESS There was no continuing business. XI. NEW BUSINESS Egan said in the video of the last Planning Commission, her position should be the former chair of the Architectural Review Committee. XII. ADJOURNMENT MOTION by Wuttke, seconded by Kirk, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 9:24 p.m.