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Planning Commission - 01/27/2014 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 27, 2014 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Mike Franzen, City Planner Stu Fox, Manager of Parks and Natural Resources 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. Higgins and Kirk were absent. II. APPROVAL OF AGENDA MOTION by Frank, seconded by Wuttke, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JANUARY 13, 2013 MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion carried 3-0. Lechelt and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. MAC DEVELOPMENT PARCEL 2 By: Metropolitan Airports Commission Location: Flying Cloud Airport Request for: Zoning District Change from Rural to Airport Office on 39 acres. Franzen introduced the public hearings and stated that discussion on MAC parcels started in 2010 to establish a mutually agreeable review process and regulations for development parcels at Flying Cloud Airport. The review process involves three steps. Planning Commission Minutes January 27, 2014 Page 2 1. Step one was completed last year amending the comprehensive plan and the zoning code related to the establishment of the Airport Office and Airport Commercial zoning districts. 2. Step two is the rezoning of the six (6) MAC Development Parcels. (There is a public hearing for each development parcel). 3. Step three will be site plan review of the six (6) MAC Development Parcels which will occur at some point in the future when a developer is ready to build. The question for the Commission to consider tonight is the rezoning of the parcels. The concept plans may be discussed, but no action can be taken since approval of any plan occurs at the time of the site plan review. Each staff report evaluates the concept plans related to impacts on natural features and conformance to City code. Bridget Rief, Director for Airport Development, presented the proposal. Ms. Rief used the overhead to illustrate where parcel 2 is located; which is west of the airport and adjacent to Eden Prairie Road. She stated they would like it re-zoned to office. It is a large site but it does have the creek in it so it limits development. They would like an office concept butting up to the hill with parking in the front. She said the second concept would be a larger building than the first concept. She pointed out office development is more likely to happen in this location and they would like it to be re-zoned. Chair Stoltz asked Franzen to review the staff report. Franzen said there are two staff recommendations in the staff report. Chair Stoltz asked Franzen if the area would be around 9 or 10 acres. Franzen concurred it would be that amount or less. Frank asked if this would be the only spot developed on this parcel. Ms. Rief said it would be the only spot for development. Wuttke commented the Magellan pipeline runs through this parcel and asked Franzen if he was concerned with that. Franzen said projects have been develop adjacent to the pipeline with setbacks. Chair Stoltz opened the meeting up for public input. Carol Hansen, of 16200 Hilltop Road, said there is some trivia she would like to share about the hill. She stated kids used to sled down the hill and there was barbed wire at the bottom and that is why it is called Hamburger Hill. MOTION by Wuttke, seconded by Lechelt, to close the public hearing. Motion carried 5-0. Planning Commission Minutes January 27, 2014 Page 3 MOTION by Wuttke, seconded by Frank, to recommend approval of the Zoning District Change from Rural to Airport Office subject to the following conditions: 1. Rezoning only that portion of the property located north of the line identified as Runway 1OL/28R as shown on Figures C 1.1 and C2.1. Prior to City Council review, MAC will provide a legal description for that portion of Parcel 2. 2. Any site plan application will conform to all requirements of the City Code. Motion carried 5-0. B. MAC DEVELOPMENT PARCEL 3 By: Metropolitan Airports Commission Location: Flying Cloud Airport Request for: • Zoning District Change from Rural & Public to Airport Commercial on 3.04 acres. Ms. Rief said this parcel is located at the corner of Mitchell Road and Pioneer Trail. She stated this is one parcel that has the highest potential for development. They have worked with the City in regards to water and sewer. The first concept for this parcel would be retail along with a convenience store or gas station. The second concept would be just retail in one or two locations of the site. The developers would determine the best fit. Chair Stoltz asked Franzen to review the staff report. Franzen said orientation of the building is consistent with the City code and recommendation is to re-zone the entire site and said that any site plan will conform to City code. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Frank, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Frank, seconded by Wuttke, to recommend approval of the Zoning District Change from Rural & Public to Airport Commercial on 3.04 acres subject to the following condition: 1. Any site plan application will conform to all requirements of the City Code. Motion carried 5-0. C. MAC DEVELOPMENT PARCEL 4 By: Metropolitan Airports Commission Location: Flying Cloud Airport Request for: 0 Zoning District Change from Public to Airport Commercial on 4.53 acres. Planning Commission Minutes January 27, 2014 Page 4 Ms. Rief said this parcel is located north of the building area on Pioneer Trail. This is identical to Parcel 3. The first concept would consist of a convenience store. The second concept would consist of a retail site; a small strip mall. This parcel would require some fencing so the airport tenants remain secure. She stated they would like it re-zoned to airport commercial. Chair Stoltz asked Franzen to review the staff report. Franzen said staff recommendation is for approval based on the condition that any site plan application will have to conform to all requirements of the City Code. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Wuttke, seconded by Egan, to close the public hearing. Motion carried 5-0. MOTION by Wuttke, seconded by Egan, to recommend approval of the Zoning District Change from Public to Airport Commercial on 4.53 acres, subject to the following condition: 1. Any site plan application will conform to all requirements of the City Code. Motion carried 5-0. D. MAC DEVELOPMENT PARCEL 5 By: Metropolitan Airports Commission Location: Flying Cloud Airport Request for: • Zoning District Change from Public to Airport Commercial on 0.45 acres. Ms. Rief said this parcel is very tiny and is located at the entrance of Super America. It is too small for development, but they would like it combined with Parcel 7 and use it potential for drainage. There would be no building structures that would be developed here. Chair Stoltz asked Franzen to review the staff report. Franzen said even though the site is small a building could be built and added that a stormwater pond would be a good use of the property. Staff recommends approval based on the condition that any site plan application will conform to all requirements of the City Code and with the granting of a waiver or a variance to the lot size requirement for the A-C zoning district. Chair Stoltz opened the meeting up for public input. There was not input. MOTION by Frank, seconded by Egan, to close the public hearing. Motion carried 5-0. Planning Commission Minutes January 27, 2014 Page 5 MOTION by Frank, seconded by Egan, to recommend approval of the Zoning District Change from Public to Airport Commercial on 0.45 acres, subject to the following condition: 1. Any site plan application will conform to all requirements of the City Code with the granting of a waiver or a variance to the lot size requirement for the A-C zoning district. Motion carried 5-0. E. MAC DEVELOPMENT PARCEL 6 By: Metropolitan Airports Commission Location: Flying Cloud Airport Request for: • Zoning District Change from Rural & R1-13.5 to Airport Office on 20.02 acres. Ms. Rief said this parcel is located east of the air field and would be the second of two office sites. This parcel has significant trees and topography which will limit development. The first concept would be office suite structures. Given the topography they would be looking for something spread out and tucked into the hill. The second concept would two buildings at the north end of the parcel. Chair Stoltz asked Franzen to review the staff report. Franzen said staff recommendation is for approval of the rezoning from Rural to A-OFC (Airport Office), subject to the following conditions: 1. Rezoning only that portion of the property located north of the Runway 1OR/28L line, as depicted on Figure C2 in the staff report. Prior to City Council review, MAC will provide a legal description for the portion of Parcel 6. 2. Any site plan application will conform to all requirements of the City code. Frank asked Ms. Rief what they thought about just the north parcel being developed and not the south portion. Ms. Rief said the north parcel is more desirable than the south parcel,but they would like the potential to develop both parcels. Chair Stoltz asked Franzen if the Commission should accept the recommendation in the staff report. Franzen concurred that was correct. Mr. Rief said this site works well for northern development. Residents may see rooftops but the hill provides a buffer for this. Wuttke commented if we were just to go with half of the parcel being developed it may be better in regards to the homeowners. Chair Stoltz opened the meeting up for public input. John Fedora, of 9820 Tree Farm Road, said when they purchased their home in 1991, there were told this parcel of land was zoned rural. They have wild life in Planning Commission Minutes January 27, 2014 Page 6 their back yard. To change the zone now would mean they were not told the truth 20 years ago. Over 20 residents are impacted by this decision. Plus, he said, the property values will drop. This is a public piece of land so we have to ask what is the best use of the property; and he said offices are not the answer. The land, given the terrain, is ridiculous to develop on. On the north end, there is a house 100 feet away from the proposed building with no buffer. Mr. Fedora asked that this not be approved. Brian Reid, who resides on Kirsten Place,just wanted to say this is a unique plot of land that is butting up to residential neighborhoods. Frank said he heard tonight from the residents that they would not like to see development and rezoning in this parcel and asked if MAC and the residents could work together for a resolve. Mr. Reid said his house on Kirsten Place over looks the whole space. The first proposal with development on the south side would mean someone could potentially look into his bedroom window or he could look out and see roofs. Frank asked Mr. Reid if just the northern parcel was developed on would it be an issue for him. Mr. Reid said it would not. Frank said another option would be development with feedback from the neighbors. Mr. Fedora said the ideal situation would be no development and the worst case scenario would be to work with the neighbors. Eric Johnson,representing the Airport Commission, said they really do not have a time line for development. The commercial sites are opportune sites. He stated he believes parcel 6 would be one of the slowest developed. They have been working with the City on this and want it to make sure development works with the City. Chair Stoltz asked if the Commission Members were in favor of the re-zoning. Egan said yes, she is in favor of the re-zoning. Frank said he was in favor of re- zoning the northern parcel, contingent on working with the homeowners. Lechelt said she is against it. Wuttke said he concerned about the runways and the development. Stoltz said he would vote for re-zoning but going forward would need to look at the site plans from the neighbor's perspective. MOTION by Frank, seconded by Egan, to close the public hearing. Motion carried 5-0. MOTION by Frank, seconded by Egan, to recommend approval of the Zoning District Change from Rural to Airport Office, subject to the following conditions: 1. Rezoning only that portion of the property located north of the Runway 1OR/28L line, as depicted on Figure C2. Prior to city Council review, MAC will provide a legal description for the portion of Parcel 6. Planning Commission Minutes January 27, 2014 Page 7 2. Any site plan application will conform to all requirements of the City code. Motion carried 4-1, Lechelt opposed. F. MAC DEVELOPMENT PARCEL 7 By: Metropolitan Airports Commission Location: Flying Cloud Airport Request for: • Zoning District Change from Public to Airport Commercial on 3.17 acres. Ms. Rief said this parcel is adjacent to parcel 5,by Super America. This site is 12000 sq. feet and is limited in size. They are requesting it be zoned airport commercial. Chair Stoltz asked Franzen to review the staff report. Franzen said staff recommends approval based on the condition that any site plan application will conform to all requirements of the City code. Lechelt asked if this was the parcel that contained the community garden site. Franzen said it is and stated the Parks Department is looking for another location for this. Frank asked the project proponent that once they begin the process and are talking with developers, are they going to seek a variety of development. Mr. Johnson said they have not gotten to that stage but are looking for a mixed development. Chair Stoltz opened the meeting for public input. Pat Brom, of 12661 Pioneer Trail, asked in regards to traffic on parcel 7, why are there two driveways. Leroy Jetlicka, of 12501 Pioneer Trail, said he is not against commercial development. He does not know how they are going to handle the traffic problems in the area. Chair Stoltz asked Rue to address traffic on parcel 7. Rue said off of Pioneer Trail,just one access point would be the best. Carol Prom said she is one of the gardeners and is concerned with losing the garden space. MOTION by Frank, seconded by Egan, to close the public hearing. Motion carried 5-0. MOTION by Frank, seconded by Egan, to recommend approval of the Zoning District Change from Public to Airport Commercial on 3.17 acres, subject to the following condition: Planning Commission Minutes January 27, 2014 Page 8 1. Any site plan application will conform to all requirements of the City code. Motion carried5-0. VII. PLANNERS' REPORT Franzen said there will be 4 variance requests at the February 10th meeting. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL No update. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 8:37 p.m.