HomeMy WebLinkAboutOrdinance - 7-2023 - Amending City Code Chapter 11, Relating to a New Mixed Use Zoning District - 05/11/2023CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 7-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE
CHAPTER 11 BY ADDING SECTION 11.24 RELATING TO THE CREATION OF A MIXED
USE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS 11.02,
11.03, AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO ADD
REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTIONS 9.99 AND 11.99 WIDCH AMONG OTHER THINGS
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, is hereby amended by adding a new Section 11.24 Mixed Use by
insetting the following new text:
SECTION 11.24 MIXED USE DISTRICT
Subd. 1. Intent and Purpose. The intent of the Mixed Use (MU) Zoning District is to promote the
reinvestment in and economic vitality of the major shopping center and surrounding areas by
providing a mix of differing but compatible land uses in select areas of the community not eligible for
the Transit Oriented Development (TOD) or Town Center (TC) zoning districts. The purposes of the
MU zoning district are to:
A. Provide a site at an appropriate location for a major shopping center which serves a wider region
than the City itself consistent with the intent of the Comprehensive Plan.
B. Provide concentrated oppmiunities for multi-family residential buildings, retail stores, offices,
service establishments, and amusement establishments for the convenience of the public and in
mutually beneficial relationship to each other;
C. Ensure development occurs in accordance with high standards of cohesive site planning,
architecture, and landscape design.
D. Maximize connections between various land uses, including promoting mobility for pedestrians
and bicycles.
E. Provide adequate space to meet the needs of modern commercial development, including off-
street and bicycle parking and truck loading areas;
F. Provide oppo1iunities for attached family living at a reasonable density consistent with sound
standards of public health and safety.
Subd 2. Design Guidelines. All new development, redevelopment, and subdivisions within the MU
zoning district must comply with the architectural standards established in Section 11.03.
Subd. 3. Use Classifications and Permitted Uses. The MU zoning district is intended to provide for
a mix of use classifications. More than one use classification must be included within a development
project area in the MU zoning district. The mix of uses may be found vertically (two uses within
single building), or horizontally (two or more uses in separate buildings on the same or adjacent lots).
The following use classifications are permitted in the MU zoning district. Within each use
classification, permitted uses are listed below:
A. Commercial Permitted Uses
1. Direct retail sales to users of goods and services conducted within structures and accessory uses.
2. Day care facility
3. Small brewer with brewer taproom
4. Microdistillery with cocktail room
B. Office Permitted Uses
1. Business and professional offices
2. Medical and dental clinics
c. Residential Permitted Uses
1. Multiple family attached dwellings Offices for the sole purpose of leasing on-site residential units
are not considered an office use for the purpose of determining if a project is mixed use.
D. Public Infrastructure Permitted Uses
1. Antennas and towers, in those locations and subject to the limitations contained in Section 11.06.
Antennas and towers may not be a principal use.
2. Public infrastructure
Subd. 4. Required Conditions
A. An application to rezone property to MU will be considered only based on the Comprehensive
Guide Plan for the entire area to be rezoned and specific plans for structures and site development
or redevelopment.
B. Proposals for development or redevelopment in the MU zoning district will be reviewed by the
City as part of the Site Plan and Architectural Design Review processes outlined in Section 11.03
or as part of the PUD review process as provided in Section 11.40.
C. To be considered a mixed-use project permitted in the MU district, the project must incorporate
two or more use classifications, i.e., residential, commercial, or office. Proposals for development or
redevelopment proposals in the MU zoning district must establish a cohesive site design through the
use of complementary elements including but not limited to building materials, architectural style,
landscaping, lighting fixtures, and signage. Proposals may include the incorporation of elements
found in nearby mixed-use projects as a means of establishing a cohesive design.
E. Acceptable, approved sanitary sewer, and water services must be provided to all occupied
structures.
F. Any provision contained in this section that is inconsistent with or in conflict with any other
provision of the City Code will supersede such other provisions.
Subd. 5. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the MU district, unless otherwise noted:
Standard MU
Lot Size 10,000 sq ft
Lot Width 80 ft. min.
Lot Depth 100 ft. min.
Front Yard Setback 25 ft
Side Yard Setback 20 ft
Rear Yard Setback 10 ft
Maximum Building 60 ft Height
8 ft min.
Street Fa9ade Building
Step-back (above 4
floors)
Usable Outdoor Open 5% of lot area
Space min.
Park
Usable Open Space Dedication
plus 150 sq ft I
residential unit
Residential Density 40-75 Units/
acre
Maximum Floor Area 0.5-1 Story
Ratio 1.0-Multi story
2.0 Multi-story
with
Residential
Maximum Base Area 0.5 Ratio
B. The following minimum standards apply for all accessory structures in the MU district.
Standard MU
Maximum Height 40 feet
Min. Distance to Side 20 feet lot line
Min. Distance to Rear 10 feet Lot Line
Subd. 6. Vehicular and Pedestrian Safety Standards. Development in the MU district will include
vehicular and pedestrian transpo1tation systems serving the development. Development or
redevelopment proposals in the MU district must include design elements that prioritize safe and
efficient vehicular and pedestrian mobility. Development or redevelopment proposals must
incorporate site design that will accomplish the following:
A. Minimize vehicular interaction with pedestrians and bicycles and where necessary as determined
by the City, highlight this interaction through color, materials, and texture.
B. Promote pedestrian visibility throughout the site.
C. Drive thrus are permitted only in compliance with the following standards:
1. Drive-thru stacking lanes must be screened as required by Section 11.03.
2. The site must accommodate adequate on-site vehicle queuing. Overflow stacking may not occur
on public or private roads.
Subd. 7. Off-Street Parking Standards. Because the sharing of trips generated within a
development is a primary facet of mixed-use development, it is expected that access drives, parking,
and internal circulation for sites in the MU district will be shared between uses on site and with
adjacent sites. This shared access suppo1ts the lowering of parking requirements, reduction of parking
lot setbacks, and coordination of site accesses. The following minimum parking standards apply to
all prope1ties in the MU district:
Use # of spaces (min)
Multiple-Family 2 per dwelling unit (d.u.); 1 per
Residential studio or efficiency unit
Half of all spaces must be enclosed
Independent Senior 1.5 per d.u.
Living
Half of all spaces must be enclosed
Nursing 1/4 beds at design capacity, plus 1
Home/ Assisted space for each employee on largest
Senior Living shift. Half of all spaces must be
enclosed
Retail Stores & 4.5/1,000 sq. ft. of gross leasable
Services area (G.L.A.)
Shopping Center 4.25/ 1000 sq ft of G.L.A
Restaurant, Type 1 1 I 2.5 seats based on capacity
Restaurant, Type 2 1 I 3 seats based on capacity
Restaurant, Type 3 1 I 2 seats based on capacity
Office 3/1,000 sq. ft. G.F.A.
Hotel 1/guest room + 1/employee
Other Uses Refer to parking requirements in
Section 11.03 or as designated by
the City Manager.
A. Location. Off-street parking facilities must be on the same parcel of land as the structure they
are intended to serve, except where a shared parking or cross access easement agreement exists.
B. Reduction. The on-site, off-street parking requirements for a project may be reduced up to 20% if
the following standards can be met:
1. Parking spaces will be shared between two complimentary uses, subject to the following:
a. The applicant must demonstrate that, because of the hours, size, and operation of the respective
and future uses, there is no substantial conflict in the peak parking demands of the uses for
which shared use of off-street parking facilities is proposed, and there will be an adequate amount
of parking available to meet the needs for each use.
b. A shared parking plan must be submitted that includes specific analysis on the peaking
characteristics of the various and future uses that will share parking.
c. Prior to the earlier of the City's issuance of a building permit for the project or release of a final
plat for the project, whichever occurs first, a shared parking, cross access easement, or similar
agreement documenting the shared parking arrangement must be approved by the City Planner and
filed against both prope1ties with the County Recorder and/or Registrar of Titles' office, as
appropriate. The City shall be patty to the agreement and no changes shall be made to the agreement
unless all parties agree.
C. Surface Parking Lot Setbacks. The following setbacks apply for surface parking lots in the MU
district:
1. Front Yard: A surface parking lot may not occupy the required front yard. On a corner lot, a
surface parking lot may not occupy more than one-half (Y2) of the required front yard closest to the
street.
2. Side yard: 10 feet.
3 . Rear Yard I 0 feet.
4. If two adjoining sites share parking, setbacks for common side and rear yards may be reduced to
zero.
D. Parking Structures. Parking structure fayades must architecturally complement the building(s) the
parking structure serves through the use of exterior materials, architectural elements, or color. Parking
structures must include architectural elements that enhance the structure and break up its mass.
Examples of specific architectural elements that assist in meeting this requirement include decorative
piers and pilasters, banding, reveals, architectural accents, wall plane aiticulation, decorative artwork,
ornamental grillwork, recessed window openings, fayade treatment variations, and locating tenant
signs on the side of parking ramps. Parking strnctures must be appropriately screened as required in
Section 11.03.
Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards.
A. Public sidewalks and/or trails must be constructed in confonnance with the Comprehensive Guide
Plan or the City Pedestrian and Bicycle Plan. Design must confonn to the requirements of the City
Engineer and the City Parks and Recreation Director.
B. An off-street sidewalk or multi-use trail must be provided that connects the front door of any
primary building to adjacent public sidewalks, trails, or other pedestrian areas that are either existing
or contemplated in an approved City trail plan or the City's Capital Improvement Plan.
C. Bicycle Parking. A proposal for development or redevelopment in the MU district must
incorporate the following Pedestrian and Off-Street Bicycle facilities:
1. Off-street bicycle parking must be provided at the following ratios for each use classification in a
project:
a. Office -minimum of 5 spaces, plus 1 space per 15,000 square feet of gross floor area.
b. Commercial-Commercial spaces with gross floor area less than 100,000 sq ft, 1 space per 10,000
square feet of gross floor area. Commercial spaces greater than 100,001 sq ft in gross floor area, 1
space per 20,000 sq ft.
c. Residential -1 space per 5 dwelling units.
2. Required bicycle parking must be located within 50 feet of the primary building entrance(s)
except as approved through a shared bicycle plan. Bicycle parking may not obstruct sidewalks when
111 use.
3. Bicycle racks must be securely anchored to the ground and on a hard surface. Up to 25 percent of
required bicycle parking may be temporaiy or seasonal, but all temporary or seasonal bicycle parking
must be included within the Site Plan.
4. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent
of the required bicycle spaces must be covered. Coverage may be provided under roof overhangs or
awnings, in bicycle lockers, in an indoor room, within adjacent parking structures, or within
underground parking structures.
5. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide
bicycle parking for more than one structure or use upon the City's approval of a shared parking plan
and agreement.
6. Proof of Bicycle Parking. If the applicant demonstrates to the City's satisfaction that the required
bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be
constructed prior to the issuance of the initial ce1tificate of occupancy for the building being served.
Any spaces not constructed, as shown on the site plan, must be constructed when determined
necessary by the City Planner. If outdoors, the area of future parking must be landscaped, which
landscaping may not be used to satisfy minimum landscaping requirements. The City Planner will
notify the propetiy owner in writing of the need to construct the additional proof of bicycle parking
spaces. No more than 50 percent of the required bicycle parking stalls may be placed in proof of
bicycle parking.
D. Exterior pedestrian furniture must be provided in appropriate locations at a minimum rate of one
seat for every ten thousand (10,000) square feet of gross floor area.
Subd. 9 Signage.
A. Signage in the form of free standing and incidental signs, wall lighting, or other features can be a
compelling proponent in the development of a cohesive mixed use project. Signage proposed for any
development or redevelopment in the MU zoning district must be included in a Sign Master Plan.
Signage must comply with standards outlined in Section 11.70.
B. The Sign Master Plan must identify location, size, design, lighting, and other pe1tinent features of
the unified signage proposed for the site. The City Planner will determine the level of review
required for the Sign Master Plan in accordance with the Site Plan and Architectural Design
Review process outlined in Section 11.03.
Subd. 10 Supplemental Analyses or Studies.
A. Traffic. All proposed development or redevelopment projects, regardless of size, in the MU
district require documentation of the expected traffic impacts of the development. The appropriate
scope of the traffic analysis will be determined by the City Engineer based on several factors
including the size, type, and location of the development. The required analysis may range from a
trip generation memo including daily, a.m. peak, and p.m. peak traffic generation estimates to a
traffic impact study including but not limited to turning movement counts, roadway capacity
analysis, and infrastructure improvement recommendations.
B. Transportation Demand Management (TDM) for Office Uses. All development or
redevelopment proposals that include office uses will be reviewed by the Engineering Division for
applicable TDM requirements, which may include submittal of a TDM Plan or commitment of the
property owner or developer to implement chosen TDM strategies from a City-approved checklist.
TDM Plan requirements include measures to be implemented, a two-year budget, and an evaluation
plan. TDM strategies that must be considered in the TDM plan include, but are not limited to,
financial incentives for car poolers, van poolers, and bicyclists, subsidized transit passes,
preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and
lockers, and promotion of commuter programs. As a condition of approval of a TDM Plan, a TDM
cash escrow, letter of credit with a corporation approved by the City Manager, or other guarantee
acceptable to the City Manager equal to one hundred percent (100%) of the cost of implementing
the first two (2) years of the TDM Plan will be required. All new residential development or
redevelopment are encouraged to consider TDM strategies such as bikeshare and carshare
memberships, subsidized transit passes, and an information kiosk onsite.
C. Major Center Area. All applications for rezoning or development or redevelopment for
property located in the Major Center Area are subject to the standards and findings of the City's
Major Center Area Plan.
D. Staff exemption. The City Engineer or City Planner are authorized to exempt or otherwise
reduce the requirement for supplemental analyses outlined in Items A-C above if they determine
that the scope of the proposed project will not increase traffic, trips, or parking demand in a
demonstrable way.
Section 2. City Code Chapter 11, Section 11.02, Subd. 2. is amended by insetting alphabetically the
following new definitions
Shopping Center means a group of two or more retail, service, or other commercial establishments
that is planned, developed, owned, or managed as a single entity having a gross floor area exceeding
200,000 square feet.
Gross Leasable Area means the total floor area within a building that may be rented to tenants
excluding common areas and space devoted to the heating and cooling of the building and other
utility areas.
Use Classification means a group of similar uses that are associated with each other to such an extent
that they perform a specific land use function.
Section 3. City Code Chapter 11, Section 11.03, Subd. 1.A (Table) is amended by inserting the following
new row after the "Transit Oriented Development District" row:
I Mixed Use District IMU
Section 4. City Code Chapter 11, Section 11.03, Subd. 2.A.14 is amended in the first line by adding the
words "and MU" after the word "C-HWY".
Section 5. City Code Chapter 11, Section 11.03, Subd. 3.H.4 is amended by adding the following
sentence after the last sentence of item 4: "Specific parking requirements for the Mixed Use Zoning
District can be found in Section 11.24 of Chapter 11."
Section 6. City Code Chapter 11, Section 11.03, Subd. 3.1.2(c) is amended by adding "MU," before the
words "TOD-MU".
Section 7. City Code Chapter 11, Section 11.03, Subd. 3.K.3(a) is amended by adding "MU," after the
words "TC-MU".
Section 8. City Code Chapter 11, Section 11.03, Subd. 3.M is amended by adding the word "MU," after
the word "GC".
Section 9. City Code Chapter 11, Section 11.70, Subd. 5.B is amended in the first line by adding ",and
MU" after the word "C-Reg".
Section 10. City Code Chapter 9, Section 9.01, Subd. 5 is amended by adding the phrase "TOD, and
MU" after every instance of "TC" in the subdivision.
Section 11. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Sections 9.99 and 11.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 12. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of April,
2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said
City on the 2nd day of May, 2023.
ATTEST:
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Current on the 11th day of May, 2023.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 7-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11 BY ADDING A NEW SECTION 11.24 ENTITLED MIXED
USE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS
11.02, 11.03, AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO
ADD REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 AND 11.99 WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This Ordinance amends Chapter 11, by adding Section 11.24 Mixed Use District and
associated regulations. There are a number of minor amendments to other sections of Chapter 11
to provide reference and consistency between the Mixed Use Zoning District language and other
parts of the Chapter 11. The amendments include the following:
• Architectural Standards
• Permitted Uses
• Building Bulk and Dimension Standards
• Required Conditions
• Vehicular and Pedestrian Safety standards
• Parking Standards
• Pedestrian and Off-street Bicycle Facility requirements
• Signage requirements
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on May 11th, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:.
SS Mtka_Excelsior_Eden Prairie
with the known office of issue being located
in the county of: ·
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/11/2023 and the last
insertion being on 05/11/2023. ··
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper. complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter cou ty.
Subscribed and sworn to or affirmed oefore
me on 05/11/2023 by Rhonda Herberg.
:a~~~~et~
~ Notary Public
DARLENE MARIE MACPHERSON
NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch)
Ad ID 1313008
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF
ORDINANCE 7-2023
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE,
MINNESOTA,
AMENDING
CITY CODE CHAPTER 11 BY
ADDING A NEW SECTION
11.24 ENTITLED MIXED
USE ZONING DISTRICT
AND MAKING RELATED
AMENDMENTS TO
SECTIONS 11.02,
11.03, AND 11.70;
AMENDING CITY CODE
CHAPTER 9, SECTION 9.01
TO ADD REFERENCES TO
NEW ZONING DISTRICTS;
AND ADOPTING
BY REFERENCE
CITY CODE CHAPTER 1
AND SECTIONS 9.99 AND
11.99 WHICH AMONG
OTHER THINGS CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNE-
SOTA, ORDAINS:
Summary: This Ordinance
amends Chapter 11, by adding
Section 11.24 Mixed Use District
and associated regulations. There
are a number of minor amendments
to other sections of Chapter 11 to
provide reference and consistency
between the Mixed Use Zoning
District language and other parts of
the Chapter 11. The amendments
Include the following:
•Architectural Standards
• Permitted Uses
• Building Bulk and Dimension
Standards
• Required Conditions
• Vehicular and Pedestrian
Safety standards
• Parking Standards
• Pedestrian and Off-street
Bicycle Facility requirements
• Slgnage requirements
Effective Date: This Ordinance
shall take effect upon publication.
A full copy of the text of this Or-
dinance is available from City Clerk.
Ronald A. Case, Mayor
ATIEST: Nicole Tingley, City Clerk
Published in the
Sun Sailor
May 11, 2023
1313008