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Planning Commission - 04/24/2017 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 24, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Leslie Stovring, Environmental Coordinator Lori Creamer, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Weber was absent. IIII. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Kirk, to approve the agenda. Motion carried 8-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 10, 2017 Pieper stated in the Members' Report section of the minutes it should have said "Construction Information Work Group" instead of"Community Outreach Group" MOTION: Freiberg moved to approve the minutes as amended seconded by DeSanctis, to approve the Planning Commission minutes dated April 10, 2017. Motion carried 8-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS PLANNING COMMISSION MINUTES April 24, 2017 Page 2 VII. PUBLIC HEARINGS A. VARIANCE#2017-01 Location: 9100 Riley Lake Rd Request to permit a facility adjacent to Riley Lake greater than 250 square feet. City Code maximum is 250 square feet Klima stated the City of Eden Prairie is the applicant and is requesting a variance from City Code to permit a facility adjacent to Riley Lake exceeding 250 square feet. Two of the seating areas exceed the 250 square feet maximum required by City Code. The area proposed for the work is within the city's shoreland area. Klima noted the location of the seating facility at the water's edge is a reasonable use of the property. The seating facilities and their locations are consistent with beach use and boat launch ramp use. The increased size is designed to provide lakefront recreation opportunities that comply with American Disabilities Act (ADA) requirements and to accommodate a larger number of people that typically use this area as general park use such as the Let's Go Fishing program. Matt Bourne is also on hand this evening to answer any other questions. Farr asked for clarification on the word facility. The plan included in the packet looks as if what is being proposed would include things such as open air umbrellas not structures with walls. He questioned the differentiation of facilities and structures. Bourne stated all are considered structures however they are under the 250 square feet. These are the only two that require a variance. DeSanctis asked what type of lighting would be used. Bourne stated the lighting would be ground lighting near the lake and overhead lighting in the parking lot. Pieper opened the meeting for public input. There was no public input. MOTION: Kirk moved, seconded by Higgins to close the public hearing. MOTION: Kirk moved, seconded by DeSanctis, to recommend approval of Variance Request#2017-01 based on the information outlined in the planning department staff report dated April 19, 2017 and the findings and conditions of Final Order#2017-01. Motion carried 8-0. B. CODE AMENDMENT RELATED TO WETLANDS Request to Amend City Code, Chapter 11,regarding the Standards for the Protection of Wetlands. Klima introduced Leslie Stovring, Environmental Coordinator for the City of Eden Prairie, who will review the proposed changes with the Planning Commission. PLANNING COMMISSION MINUTES April 24, 2017 Page 3 Stovring stated there are three watershed districts with in Eden Prairie and the City has received comments from them related to the proposed changes. The original Wetland Code was written in 2000. In 2008 the Local Government Unit responsibilities were added, in 2010 the State Statute numbering changed and in 2014 the Board of Water Resources Audit was added. Other changes include housekeeping clarification items such as structure setback encroachment language, structure setbacks for wetlands and document references and streamlining the duplication with State Code. Stovring stated the most common complaint received was the information was hard to find in the code. General standards were revised to focus on standards for all wetlands. New sections were added for general development application requirements; identification, evaluation and delineation requirements as well as wetland alteration and replacement requirements; and reporting requirements. Stovring continued with the statement which was added to request a waiver of determination requirements (i.e. redeveloping a parking lot). There were clarifications added to the language for non-growing season applications and approval procedures. Stovring highlighted a few things that were unchanged including preliminary approval may be requested during the non-growing season; the wetland must be verified during the growing season and the applicant bears the risk that revisions may be required if growing season evaluation indicates errors were made. Other miscellaneous changes include it is prohibited to fill wetland to create a wetland buffer;revised monument language to meet watershed district requirements; Standard structure setbacks. Notification with development review or formal wetland notices and reference to the watershed district requirements for the area where a project is located were added to the code. Wuttke asked what remedy developers have if they question the watershed district or city's remedies if they disagree with the determination. Stovring stated the appeal process has not changed. Wuttke asked about the non-growing season wetland delineation boundary was different than their preliminary approvals, what is the remedy other than an extensive, expensive re-application process proponents have. Stovring stated if the developer submitted an application and staff hasn't had a chance to review it or if there is still snow on the ground, the developer would have to provide a field work document or staff would schedule a field inspection during the growing the season starts. If the consultant was wrong with the preliminary approvals they do have an option to call a technical evaluation panel meeting with the developer and consult to see if city's decision will be upheld or not. If it is upheld the developer could choose to go through the local appeal process with city staff. If developer disagrees with outcome, appeal would be heard at the City Council level. If City Council upheld staff decision and developer wanted to continue to pursue the decision, it would then be heard at the Board of Water Resources which would make the final determination. Wuttke stated there appears to be more risk was on the developers. PLANNING COMMISSION MINUTES April 24, 2017 Page 4 Farr asked is each watershed district has its own shelf life for wetland delineation. Stovring stated 5 years is pretty standard unless there is a real change in conditions. Freiberg asked is the growing season is a hard date, Stovring stated it is not on a hard date due to a variety of other factors. Instead it is based on soil temperatures which can vary from year to year. Pieper asked is Stovring could give an example of what was under"legal Stuff'. Stovring stated some of it was as minor as changing the capitalization of words and changes as to how the code was done back in 2000. Wuttke stated the three watershed districts in Eden Prairie also flow to other communities. He asked what are the most intrusive changes that the districts are pushing for. Stovring stated the previous code already had reference to Nine Mile Creek and Riley Purgatory Bluff Creek watershed districts whose rules were being followed. Lower MN watershed district was the only one that was not named in the document;however, the City's requirements are slightly more restrictive than theirs but very similar. She doesn't expect to see any big changes relating to Lower MN watershed district. Wuttke asked about things that are coming down the pipeline such as changes the watershed districts would like to see happen in the next several years. Stovring state relating to wetlands,both Riley and Nine Mile stated they are comfortable with what the cityis doing on managing the wetland requirements. Stovring stated probably the biggest thing would be the Lower MN is in the early stages of the process in updating their bluff standards. Riley and Nine Mile are both updating their water management plans currently. The City is just starting to look at what they are requiring for rule updates. Wuttke stated he has had the chance to view the Lower MN changes they are attempting to propose and in his opinion they are very intrusive. The changes are going to affect the majority of the lower half of Eden Prairie. He has major concerns. Without an appeal or legal process it will be detrimental to the long term sustainability of the residents and business community of Eden Prairie. Stovring stated to keep in mind the changes proposed as part of this amendment area limited to the wetlands. The shoreland and bluff codes are separate from what is being presented this evening. Developers are required to follow the watershed district rules. Wuttke stated again his concern with the other entities pushing for changes to the city's ordinances. PLANNING COMMISSION MINUTES April 24, 2017 Page 5 Kirk stated he had been following the Riley watershed news and there is a meeting this Wednesday which he is hoping to attend. Pieper opened the meeting for public input. There was no public input. MOTION: Farr moved, seconded by Kirk, to close the public hearing. Motion carried 8-0. MOTION: Farr moved, seconded by Kirk, to recommend approval to amend City Code Chapter 11 relating to the Standards for Protection of Wetlands based on the information included in the staff report dated April 20, 2017. Motion carried 7-1. Wuttke opposed. VIII. PLANNERS' REPORT Klima stated next Tuesday the Council workshop will be focused on Aspire Eden Prairie 2040 Comprehensive Plan update. Planning Commission members are invited to attend and to RSVP to Lori Creamer if able to attend. Light dinner at 5:00 PM with work session starting at 5:30 PM. IX. MEMBERS' REPORT Farr wondered if there was anything additional the city could do to bring awareness to the public regarding the changes at Riley Lake Park. He recalled how the public felt they were not well informed about the Round Lake Park improvements last year. Klima stated Bourne would be the one who could speak to this topic with the most detail and unfortunately he had to leave the meeting. She will follow up with Bourne and respond back to the commission members. X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Wuttke moved, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 8-0. Chair Pieper adjourned the meeting at 7:35 p.m.