Planning Commission - 06/22/2015 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 22, 2015 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann
Higgins, Charles Weber, Andrew Pieper, Ed Farr
STAFF MEMBERS: Julie Klima, City Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE —ROLL CALL
Vice Chair Kirk called the meeting to order at 7:00 p.m. Stoltz and Weber were absent.
II. APPROVAL OF AGENDA
MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON MAY 11, 2015
MOTION by Higgins, seconded by Farr, to approve the minutes. Motion
carried 5-0.
B. PLANNING COMMISSION MEETING HELD ON JUNE 8, 2015
MOTION by Higgins, seconded by Farr, to approve the minutes. Motion
carried 5-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. VARIANCE #2015-02 by Lisanne Oster; J M& B A Kirtland Trustees
Planning Commission Minutes
June 22, 2015
Page 2
Location: 9008 and 9010 Riley Lake Road 9 (Continued Item)
Request to:
• Permit a lot size of 1.26 acres. City Code requires a lot size of 10 acres
in the Rural Zoning District
• Permit side yard setbacks less than 50 feet for one side and a
combination of 150 feet for both side yards in the Rural Zoning District
• Permit a shoreland setback for a single family house no closer than 64
feet to the Ordinary High Water Level (OHWL) of lake riley (DNR
Classified Recreational Development Waters.) City Code requires a 100'
setback from the OHWL.
Lisanne Oster presented the proposal. She stated they were here in May and
stated then they would like to build a permanent home on 2 lots. This would
replace the seasonal cabin on this piece of property. After meeting with the
Commission, two issues arose with this variance request; tree loss and tax
valuation of the property. A continuance was requested at the last meeting to
allow time to refine the proposed plan. Ms. Oster said they are back tonight
with an additional request for the shoreland setback. This would be where the
current cabin is located. Because of the continued use of the property for
residential purposes, there is no taxation change and the tree loss would be
minimal.
Vice Chair Kirk asked Klima to review the staff report. Klima said the request
is for three variances and staff recommendation is for approval.
Vice Chair Kirk opened the meeting up for public input.
John Bushey, of 9000 Riley Lake Road, is the neighbor two houses to the west
of the project proponent. He said he is here tonight to show support of this
project.
Farr said he has a number of issues with this project. The first would be the
existing garage has nearly a zero setback. On the plan it says this structure is to
be saved and Farr said he would like to see it come down. Ms. Oster said the
garage is a functional garage and they have been using it for years. Farr asked if
this would meet the setback requirements today. Klima said this would not meet
the requirements today in regards to setbacks. Ms. Oster said if they were to ask
for a four car garage they would have to take out two trees. Vice Chair Kirk
asked why this was not in a variance. Klima said it is a non-conforming
structure but since no changes are proposed to the structure, it is protected by its
non-conforming status. Farr asked if the Commission could add conditions to
the variance. Klima said it is up to the applicant if they want to take it down.
The City does not have the authority to require its removal.
Planning Commission Minutes
June 22, 2015
Page 3
Farr said in regards to the tree loss, he is questioning the value of trees being
removed on the east side and asked if they are in the shoreland area. He stated
there is nothing referencing replacement trees between the home and shoreland.
He said one way to compensate for the tree loss is there is a cluster of red oaks
slatted to be removed in the southwest corner and he said he would like to see
those trees be saved.
Vice Chair Kirk asked the Commission if there were other questions regarding
trees.
Wuttke asked if there are any trails in the area. Fox said there is one on the
north side of Riley Lake Road.
Wuttke asked if there could be a minimal setback for a non-conforming garage.
Klima said the garage is protected and the Commission cannot require them to
change it. Wuttke asked Klima how many non-conforming structures have
minimal front yard setbacks. Klima said there are other examples throughout
the City of accessory structures that do not meet setback requirements..
Farr asked if the redistribution of replacement trees would better help with the
variance. Fox said they ask the project proponent to keep trees similar to what
has been replaced, but there is not a code requirement specifying placement
locations. This soil is not very good on the east side of the property. It is up to
the developer where they are placed. Ms. Oster said the tree loss and
replacement are very important to them and they will work with city staff for
suggestions. Farr said on May 11 the project proponent did not specify species
for tree replacement and commented they still have not. He asked if the
Commission can draft a condition saying if they are replacing trees he would
like to see 75 percent of the same species replaced as the ones taken down. Fox
said they can work with the project proponent to ensure trees live one year after
planting but they can pick the trees to be replaced.
Higgins said she is uncomfortable to place conditions on variances in regards to
trees. Wuttke commented that he has confidence in the project proponent in
regards to tree replacement. Pieper concurs with Wuttke.
Farr said he would encourage redistribution of replacement trees and would like
to have City Staff give direction. Wuttke asked Farr how we could language
something to give a condition but allow City Staff discretion. Farr said the
Commission could state, "distribution of replacement trees giving the City
Forrester total discretion."
Vice Chair Kirk said in regards to issues; we cannot do anything with the
garage. In regards to redistribution of replacement trees, the project proponent
said they are willing to work City Staff and that has been a mechanism used in
Planning Commission Minutes
June 22, 2015
Page 4
the past. Klima said this is not a site plan review tonight. Vice Chair Kirk said
in regards to this, he does not believe modifications are necessary as the project
proponent said she is willing to work with the City Staff. Wuttke said he
concurs with Vice Chair Kirk.
Higgins said she is also sensitive to this and feels the project proponent will
work with Staff and would like to move ahead with the variance. Pieper said he
agrees with Higgins. Farr said he will support that decision also.
MOTION by Wuttke, seconded by Higgins, to close the public hearing.
Motion carried 5-0.
MOTION by Wuttke, seconded by Pieper, to recommend approval of the Final
Order#2015-2 with conditions based on plans stamp dated June 3, 2015 and the
information included in the staff report dated June 22, 2015. Motion carried 5-
0.
B. VARIANCE #2015-03 by Central Bank
Location: 6640 Shady Oak Road
Request to:
• Permit a building identification wall sign up to 112.5 square feet on the
north elevation in the Office zoning district.
• Permit a building identification wall sign up to 112.5 square feet on the
south elevation in the Office zoning district.
Jerry Hentges presented the proposal. He said a year ago they agreed to
remove a sign on the building. Since that time the bank has been part of a
merger and they would like to extend the variance for another year.
Vice Chair Kirk asked Klima to review the staff report. Klima said this
variance was approved last year. Aerotek moved ahead with their sign and
Central Bank is asking for an extension to install the signs on the north and
south elevation due to a recent merger which may result in a company name
change. Staff recommends approval. There is no material change only a change
in the time frame.
Vice Chair Kirk opened the meeting up for public input. There was no input.
Wuttke asked Staff if the time frames can be changed on the variances as it has
on the PUD. Klima stated the recent changes in code addressed preliminary
plats. Variances are governed by another section of the city code. This request
is unique, however, staff will monitor if similar requests become more frequent.
Planning Commission Minutes
June 22, 2015
Page 5
Wuttke asked if this will be brought up again when the merger takes place.
Klima stated if the variance is approved the sign change would be handled
through the sign permitting process.
Farr said he read an article that the merger would take place in the second
quarter of 2015 and asked why they need to request this. The project proponent
said it was purchased then but will take another year for the sign change.
MOTION by Higgins, seconded by Wuttke, to close the public hearing.
Motion carried 5-0.
MOTION by Higgins, seconded by Wuttke, to recommend approval of the
Final Order#2015-03 with conditions based on plans stamp dated May 2, 2015
and the information included in the staff report dated June 22, 2015. Motion
carried 5-0.
C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC
Location: 13000 Technology Drive
Request to:
• Planned Unit Concept Review on 1.67 acres
• Planned Unit Development District Review with waivers and Zoning
District Amendment within the Regional Commercial Service zoning
district on 1.67 acres
• Site Plan Review on 1.67 acres
Dave Carland, representing Venture Pass Partners, presented the proposal. He
said they are in the process of buying Santorini's restaurant and would like to
reconstruct a building and locate tenants in this area. He stated they will have
high tech architecture and it will look nice.
Vice Chair Kirk asked Klima to review the staff report. Klima said the
applicant proposes to put 4 new tenants in this structure. The waivers are
existing conditions from prior PUD approvals.
Vice Chair Kirk opened the meeting up for public input. There was no input.
Farr asked if there will be a connection cabinet in the southeast area of the
property. Mr. Carland said Xcel will require the connection cabinet to be
outside.
Farr asked if they plan on using a pylon sign and will that be in the way of the
LRT. Klima said the site plan does include a sign; however, all signage will
need to go through the sign permitting process.
Planning Commission Minutes
June 22, 2015
Page 6
Farr said they are proposing LED fixtures for the parking lights and asked if this
was okay with staff. Klima said what they are proposing is satisfactory to staff.
Higgins asked when they would like to start construction. The project
proponent said they would like to start in the fall of 2015.
MOTION by Farr, seconded by Pieper, to close the public hearing. Motion
carried 5-0.
MOTION by Farr, seconded by Higgins, to recommend approval of the
Planned Unit Development Concept Review on 1.6 acres; Planned Unit
Development District Review with waivers and Zoning District Amendment
within the Regional Commercial Service zoning district on 1.67 acres and Site
Plan Review on 1.67 acres based on plans stamp dated June 2, 2015 and the
information included in the staff report dated June 22, 2015. Motion carried 5-
0.
VIL PLANNERS' REPORT
A. DRAFT TOD ORDINANCE
Regina Dean presented a PowerPoint presentation that provided an overview of
the draft proposed ordinance. Since the February 9, 2015 Planning Commission
meeting staff has obtained additional feedback through internal TOD staff
meetings, public outreach with the Chamber of Commerce Government
Committee and conducted a series of 1 on 1 stakeholder meetings with property
representatives that could be affected by the proposed ordinance. This
presentation is for information only and no action is required by the Planning
Commission. The draft TOD ordinance will be scheduled for a Public Hearing
at the July 13, 2015 Planning Commission meeting where a formal
recommendation will be requested. It could be presented to the City Council on
August 18, 2015.
VIII. MEMBERS' REPORT
A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL
Pieper said the next meeting will be Tuesday, June 30th.
IX. CONTINUING BUSINESS
No continuing business.
X. NEW BUSINESS
Planning Commission Minutes
June 22, 2015
Page 7
Vice Chair Kirk wanted to thank Stu Fox for his 38 years of service as he is retiring.
XI. ADJOURNMENT
MOTION by Pieper, seconded by Higgins, to adj ourn the Planning Commission
meeting. Motion carried 5-0.
There being no further business, the meeting was adjourned at 9:07 p.m.