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Planning Commission - 07/11/2016 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 11, 2016 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, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, 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. Kirk and Weber were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Pieper, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 27, 2016 Farr recommended adding staff commentary on the Whitetail Bluff hearing in which he asked for staffs response to potential homeowners when they would call to inquire about potential adjacent development. MOTION: Higgins moved, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT Request to: PLANNING COMMISSION MINUTES July 11, 2016 Page 2 • Amend the City Code Chapter 11, Section 11.35 to add schools as permitted use in the Public Zoning District. Klima said that prior to 2010; the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities. Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Staff is proposing to resolve the issue with a two-step approach. The first step is to amend Section 11.35, Public Zoning District to include schools as a permitted use. The second step is to initiate rezoning of the Rural properties to Public, bringing those properties into compliance with the Comprehensive Plan. Staff is working with representatives of ISD 272 and Hennepin Tech to facilitate the rezoning requests and expects those will be coming up in future meetings. Staff recommends approval of the amendment change. Wuttke asked in regards to infrastructure, what would City buildings be zoned. Klima said the City Center is zoned industrial. Wuttke asked if the City buildings would be under phase 2 or 3 and Klima responded they would. Wuttke asked if private charter schools would fall under this code amendment. Klima stated they would because they are funded through the State. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Pieper moved, seconded by Higgins, to close the public hearing. Motion carried 7-0. MOTION: Pieper moved, seconded by Higgins, to recommend approval of amending the City Code Chapter 11, Section 11.35 to add schools as a permitted use in the Public Zoning District and to add the definition of schools as noted in the staff report dated July 6, 2016. Motion carried 7-0. VII. PLANNERS' REPORT A. TEMPORARY HOUSING OPT-OUT Request to: • Make a recommendation to the City Council to amend the City Code to opt out of Minnesota Statute 462.3593 PLANNING COMMISSION MINUTES July 11, 2016 Page 3 Klima stated in May 2016, the Minnesota Legislature passed legislation to allow for local governments to begin issuing a new type of permit to allow certain types of recreational vehicles, modular or manufactured housing as temporary dwellings. This statute is intended to allow for transitional housing for seniors. The law allows municipalities to issue permits allowing seniors that require assistance with 2 or more instrumental activities of daily life to stay in temporary dwellings located on a yard or driveway for 6 months with an option to extend the permit for 6 months. Currently, the City Code does not permit temporary dwellings. Municipalities may choose to opt out of the program by passing an ordinance affirming the opt-out option prior to September 1, 2016. If the City chooses not to opt out, the statue requires the City to issue permits to qualified applications starting September 1, 2016. The City would have 15 days (no extension) to make a decision on granting the permit and waives the public hearing requirement. Staff is proposing to add a section to the zoning ordinance that states the City of Eden Prairie is opting out of the statute allowing temporary dwelling units. City Code requires the Planning Commission provide a recommendation to the City Council on amendments to the zoning chapter. Staff recommendation is to have the Commission recommend to the City Council that City Code be amended to opt out of the temporary dwelling legislation of Minnesota Statues Section 462.35.93. Farr said he has some moral problems with this because these dwellings are becoming more popular with the elderly and younger generations. After reading the statute,he stated he did not see recreation vehicles listed. Farr also commented he toured a micro home at the State Fair and the problem he has with this is that he feels we are eliminating options to the residents without substitutions. He would like to know when the State Statute came about and what other communities are doing with this. Klima said in regards to other communities, she has not heard of any communities that are choosing to opt-in. Klima said our code does not currently allow for this but in the future the City could take a more comprehensive look at this and this could be revised in the future. Wuttke said he did not see anything either in the statute about recreational vehicles and commented it seems like a stream line request. He also said he was disturbed because at which point do we want the state to supersede us and has Staff thought about this concept for the future without the state's overreach. Klima said Staff has not had a conversation in regards to this. There are broader issues in regards to this that would have to be addressed before the September deadline, such as setbacks and utility issues. Wuttke said he would like to see Eden Prairie do its own due diligence and come up with their own language. Chair Stoltz asked the Commission Members what they would like to recommend to the City Council. Pieper said he would like more information on this. Wuttke asked what the time line for the City Council would be. Klima said the first reading is scheduled for July 19ffi and the second reading wouldpresumably be on August 16th. Wuttke stated he would like more information on this. PLANNING COMMISSION MINUTES July 11, 2016 Page 4 Farr asked how many lots in Eden Prairie this would affect. He also asked if a renter has the same rights as a single family owner. Farr commented he does not see a lot of vehicles getting into a backyard and sees this as a driveway issue. Klima stated some additional concerns were brought up at the Staff level. Some of these had to do with language in regards to the temporary permits issued for these. Wuttke said he read the maximum size for these units would be 300 square feet. Poul said he supports opting out. He asked if there is a need in Eden Prairie to do this and if there is, we should be looking into this more deeply. He also asked if there is a practical piece to having these in winter. Klima commented staff has not received requests for housing of these types of units. Farr stated the commission could establish a position statement focusing on the concept stating that the City supports the people of all ages in Eden Prairie. He also said if we opt out tonight we are consistent with our ordinance. Chair Stoltz asked if the Commission Members were okay with approving to opt out. All members were in approval of opting out. Chair Stoltz commented they do not want to exclude senior citizens from this and would like more information from the City and State to make recommendations for further discussion on this. Klima stated she would add that to the report to the City Council. Wuttke stated it would be beneficial to create our own language versus going with the State's language. MOTION: Higgins moved, seconded by Farr, to move to recommend to the City Council that City Code be amended to opt out of the temporary dwelling legislation of Minnesota Statutes Section 462.3593 as noted in the staff report dated July 6, 2016. Motion carried 7-0. B. JULY 25, 2016 PLANNING COMMISSION MEETING Klima stated the Planning Commission meeting for July 25t", 2016 has been cancelled. VIII. MEMBERS' REPORT Wuttke made a comment he heard from the business and residential community regarding park improvements at Round Lake and wanted to address some concerns. Wuttke suggested the residents with questions or concerns contact Matt Bourne, Parks & Natural Resources Manager. IX. CONTINUING BUSINESS PLANNING COMMISSION MINUTES July 11, 2016 Page 5 X. NEW BUSINESS XI. ADJOURNMENT MOTION: Pieper moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:37p.m.