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Planning Commission - 04/09/2018 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 9, 2018 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Kirk was absent. III. SWEARING IN OF NEW COMMISSION MEMBER A. Carole Mette Klima conducted the swearing in of new Commission Member Carole Mette. IV. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Villarreal, to approve the agenda. Motion carried 8 -0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, MARCH 26, 2018 Weber had a revision on page 2, paragraph 5, sentence 3 and 4. He would like it to read, "Weber said the ordinance as purposed is at a minimum and if the applicant wanted to have more parking they could apply for more parking. MOTION: Higgins moved, seconded by Farr, to approve the minutes as amended. Motion carried 8-0. PLANNING COMMISSION MINUTES April 9, 2018 Page 2 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT/CHAPTERS 10 & 11 HOUSEKEEPING ITEMS Request To: • Amend City Code Chapters 10 & 11 related to fencing around pools; landscape security requirements; telecommunication applications requirements, and permitted uses in Golf Course zoning district. Klima said the codes amendments brought forward tonight are housekeeping items. Code amendments are required to update a code related to state statues, assist with clarification of particular subject matter and reduce ambiguity regarding particular subject matter in code. The following are housekeeping code amendments proposed by City Staff. 1. City Code Chapter 10, Section 10.03 Swimminiz Pool Reizulations. This proposed code amendment will update the fencing requirements to permit a maximum seven (7) foot fence height around pool. Current City Code states six (6) foot is the maximum height permitted. In 2015 State rules changed to permit a maximum fence height of 7 feet. This housekeeping item will bring this portion of Chapter 10 in alignment with both State and City Code and will clarify that permanent fencing must be installed prior to water being placed in the pool. 2. City code Chapter 11, Section 11.03, Subd.3.G. Screening and Landscaping, 2. Definitions (h) Performance Bond and 4. Performance Bond Required. With this Code, the City receives a financial security for each new development's proposed landscape plan. A security is held for a specific time frame and is released once the inspection of the landscape plan is completed and the landscape viability confirmed. The security defined in City Code is currently identified as a performance bond. The City may receive a bond, letter of credit or escrow fund as financial security. Staff proposes eliminating the term bond in this section of the code. Elimination of this term and use of the term surety will provide additional clarity regarding the type of financial securities that are acceptable. 3. City code, Chapter 11, Section 11.06, Towers and Antennas, Subd. 12. Application. The city code requires an application to construct a telecommunication tower. The current code verbiage only addressed the construction of a tower and does not address alterations to an existing tower. Staff proposes language to clarify any alteration to a tower requires an application. By identifying specific alterations it will allow staff to confirm it meets City Code and determine if a building permit is required. PLANNING COMMISSION MINUTES April 9, 2018 Page 3 4. City Code Chapter 11, Section, Section 11.36 GC —Golf Courses, Subd. 2 In the Golf course zoning district, the listed permitted uses does not include Public Infrastructure or Antennas and Towers. Both uses are permitted in all zoning districts. This housekeeping change brings the GC-Golf Course zoning district in compatibility with all other zoning districts by allowing these uses. Staff recommendation is for approval of the amendments to the City Code, Chapter 10 and Chapter 11. DeSanctis asked if the seven foot height requirement for the pool fencing conforms to the City's requirements for height of fencing for backyards. Klima stated it does conform to the City's requirements. Farr asked, in regards to addressing fences around pools, what is the minimum height and what type of fences are prohibited. He also asked how code is regulated. Klima said the City does not have a minimum requirement for fence height. As for architectural standards, the City does not regulate on this structure. Farr asked if fences require a building permit. Klima stated they do require a permit and they are looked at by a case by case basis. Freiberg asked if Klima could provide some clarity in regards to Chapter 11, Golf Courses and asked if that code update was for housekeeping reasons or does it have an effect on golf courses currently in Eden Prairie. Klima said it was a housekeeping item to be added to this district. Villarreal asked, in regards to Chapter 11, Towers and Antennas,how the City defines associated modifications. Klima said in regards to associated modifications, antennas are sometimes replaced or reduced and those altercations would require review by the City. Mette had a question regarding the financial security for landscaping and asked if it is possible for a developer to put a cash deposit down for this as opposed to a letter of credit or escrow. Klima responded a letter of escrow is equivalent to a cash deposit. The applicant would give the City a check or other form of cash and it is then put into an account and maintained until the landscaping is in place and viable. Chair Pieper opened the meeting up for public input. There was no input. MOTION: Villarreal moved, seconded by Weber, to close the public hearing. Motion carried 8-0. MOTION: Villarreal moved, seconded by Farr, to recommend approval of the Code Amendment for Chapters 10 & 11 related to fencing around pools; landscape sureties; telecommunication applications; Golf Course permitted uses; and based on PLANNING COMMISSION MINUTES April 9, 2018 Page 4 staff recommendations and information contained in the staff report, dated April 4, 2018. Motion carried 8-0. VIII. PLANNERS' REPORT Klima stated there was no Planners' report. IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Freiberg, to adjourn the Planning Commission meeting. Motion carried 8-0. Chair Pieper adjourned the meeting at 7:15 p.m.