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Planning Commission - 07/27/2015 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 27, 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 Matt Bourne, Manager of Parks and Natural Resources Janet Jeremiah, Community Development Director Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Weber was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JULY 13, 2015 Wuttke had the following changes to the minutes. Page 5, under Subdivision X, 3rd sentence, he would like the first sentence to read; "Since we are at the beginning of the LRT line, he would like to strike, ...." Page 5, under Subdivision 3, 5th and 6th sentence, he would like the word setbacks changed to step backs. Page 6, Subdivision 7, 5th sentence, he would like it to read"....he does not believe there should be public access to a privately owned courtyard." Page 6, Subdivision 8, 3rd sentence, "He asked if we could have green space and permeable space apply to the infiltration of permeable percent area requirements. MOTION by Wuttke, seconded by Kirk, to approve the amended minutes. Motion carried 5-0. Pieper abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Planning Commission Minutes July 27, 2015 Page 2 A. VARIANCE #2015-06 by Eden Prairie Development LLC Location: 14301 Martin Drive Request to: • Permit a free-standing sign zero feet from the property line of a public right of way. City Code requires a ten foot setback in the multi-family residential zoning districts. Scott Carlston, Developer with Martin Blu, presented the proposal. He said they would like the variance for signage. Mr. Carlson utilized the overhead to show where the sign would be located. He said it would be at the intersection of Martin Drive and Mitchell Road and it would be zero (0') feet from the right a way line. He pointed out the location would be right where traffic exists by Buca. Since it is a one way street that is why they are requesting the sign variance. They would like to place it right on the property line. Chair Stoltz asked Klima to review the staff report. Klima said the applicant is requesting a 0 foot setback and given the topography of the area, staff recommends approval based on meeting the 3 part test for hardship. Higgins said under Exhibit A it addresses drainage issues and asked if that is the City's responsibility or the applicant's responsibility. Klima said that would be the applicant's responsibility to apply for a vacation of a portion of the easement. Farr asked if they were requesting a larger sign. Klima said they are not requesting a larger sign. Wuttke asked about out of date ordinances and wasn't the sign language one of these. Klima said the staff will be doing a review of the sign code ordinance. Chair Stoltz asked Mr. Carlston if this signage meets his needs. Mr. Carlston said it does meet his needs. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Pieper, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Pieper, seconded by Farr, to recommend approval of the Final Order #2015-06 based on Exhibit B plans stamp dated July 27, 2015 and the information included in staff report dated July 24, 2015. Motion carried 6-0. B. VARIANCE #2015-07 by Foundation Chiropractic, LLC Location: 6409 City West Parkway Request to: Planning Commission Minutes July 27, 2015 Page 3 • Permit tenant to have a wall sign in a location that is not on the exterior wall space the tenant occupies. City Code requires wall signs on a multi-tenant building in the commercial zoning district to be placed on the exterior wall space where the tenant occupies. Klima said the application was withdrawn on July 22, 2015. C. VARIANCE #2015-08 by Patrick and Merritt Steidl Location: 7381 Moonlight Lane Request to: • Permit a deck with a rear yard setback of 10 feet. City Code requires a 20 foot minimum rear yard setback in the R1-9.5 zoning district. Pat Steidl presented the proposal. He said they tried to build a deck this summer and ran into some problems. They would like a deck because they have a two year old and there is a 6 foot drop off at the sliding glass door. Chair Stoltz asked Klima to review the staff report. Klima said the variance is requested due to the placement of the home on the lot in order to construct a functional deck. Staff recommends approval. Kirk said he is frustrated because it seems like the builder set up the home owner for a problem and asked if something could be done for future construction so this would not happen again. Klima said the City is now monitoring that with new construction. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Pieper, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Higgins, to recommend approval of the Final Order#2015-08 based on plans stamp dated June 25, 2015 and the information included in the staff report dated July 24, 2015. Motion carried 6-0. D. WAND CORPORATION by Wand Corporation Location: 7575 Corporate Way Request for: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park zoning district on 2.88 acres Dave Perrill, President of Wand Corporation, presented the proposal. He stated they would like to retain the 7605 Corporate Way facility for warehouse purposes and move to 7575 Corporate Way and make it their headquarters. They are expecting to Planning Commission Minutes July 27, 2015 Page 4 grow and because of that they need a larger facility. This is in line with their five year growth plan. They are requesting a PUD waiver and would like to take out warehouse space and turn it into office space. Chair Stoltz asked Klima to review the staff report. Klima said staff recommendation is for approval based on recommendations in the staff report. Chair Stoltz opened the meeting up for public input. There was no input. Kirk asked what it means by, "waiver is transferable". Klima said if a subsequent applicant can demonstrate the site meets their parking needs, the waiver could transfer from WAND to subsequent users. Pieper asked if the project proponent anticipates 126 employees in 5 years, won't it go over the 85 parking spots. Mr. Perrill said they are utilizing both buildings and some people are working remotely plus there is shift work. MOTION by Farr, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Farr, seconded by Wuttke, to recommend approval of the Planned Unit Development District Review with waivers on 2.88 acres and Zoning District Amendment within the I-2 Zoning District on 2.88 acres based on plans stamp dated July 7, 2015 and the information included in the staff report dated July 24, 2015. Motion carried 6-0. E. CITY CODE AMENDMENT—ESTABLISH A TRANSIT ORIENTED DEVELOPMENT (TOD)ZONING DISTRICT by City of Eden Prairie (Continued Item) Request to: • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulation for the zoning district. Klima said this is a continued item from the July 13th meeting. Given that input from the meeting, staff has made the needed changes. The notable changes were made to the Applicability section; office uses are now listed as separate uses in the subdistricts; step backs are encouraged for buildings with four stories and less; language was revised for ground floor visibility, sixty foot entry spaced was clarified for commercial use only; bike requirements were decreased and landscaping was revised to give more flexibility. These changes were sent out to the stakeholders and staff has received a letter from Liberty Properties, which is on goldenrod for the Commissions reference. Planning Commission Minutes July 27, 2015 Page 5 Farr said he wanted to thank staff and commented that the Commission talked about loading dock facilities and would we allow backing from a street into a loading berth. Klima said the end of the ordinance now includes references to 5 other subdivisions. Staff will be coming forward in the future with amendments to address these sections in City Code. Wuttke asked if there were changes to the usable open space. Klima said the changes proposed do not modify the allocations. Higgins asked that when definitions are tweaked through process, could they be put in the TOD Ordinance. Klima said that is a good suggestion. Chair Stoltz opened the meeting up for public input. Tim Goodrum, representing Liberty Properties said their concern is the area in between. They will work with City staff but that is the concern right now where they may be restricted. Wuttke asked when the effectivity of the ordinance will take place. Klima said this ordinance would establish regulations. These regulations are applicable after property has been guided and zoned for TOD. MOTION by Wuttke, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Wuttke, seconded by Kirk, to recommend approval of the Amendment to City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulations for that zoning district based on the information included in the staff report dated July 24, 2015. Motion carried 6-0. VIL PLANNERS' REPORT No Planners' Report VIIL MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL No Members' Report IX. CONTINUING BUSINESS No continuing business. Planning Commission Minutes July 27, 2015 Page 6 X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Wuttke, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:08 p.m.