HomeMy WebLinkAboutPlanning Commission - 04/13/2015 AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, April 13, 2015, 7:00 P.M.
PLANNING COMMISSION John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann
MEMBERS: Higgins, Mary Egan, Andrew Pieper, Ed Farr
STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer;
Stu Fox, Manager of Parks and Natural Resources
I. PLEDGE OF ALLEGIANCE -- ROLL CALL
II. SWEARING IN OF NEW MEMBERS
A. Ed Farr
III. APPROVAL OF AGENDA
IV. MINUTES
A. Approval of the Minutes for the March 23, 2015 meeting
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. VARIANCE#2015-01 by Lariat Companies, Inc.
Location: 8345-8353 Crystal View Rd, Eden Prairie, MN
Contact: Kelly Adams (952-955-7849)
Request to:
• Permit transfer of the allowable area for wall signs of two tenant spaces located
on the north walls of Lariat Center buildings III and IV to the south walls of the
buildings.
B. CROSSROADS CENTER by Tim Cashin
Location: 7731 Flying Cloud Drive
Request for:
• Planned Unit Development Concept Review on 2.9 acres
• Planned Unit Development District Review with waivers on 2.9 acres
• Zoning District Amendment within the Commercial-Regional-Services District
on 2.9 acres
• Site Plan Review on 2.9 acres
C. CODE AMENDMENT STORMWATER
By City of Eden Prairie
Request to:
• Amend City Code Chapter 11, Section11.55 relating to stormwater.
VIII. PLANNERS' REPORT
A. EDEN PRAIRIE STATION AREA DESIGN CHARETTE OUTCOMES SESSION —
WEDNESDAY,APRIL 15, 2014 7:30-9:00 AM
IX. MEMBERS' REPORTS
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJORNMENT
ANNOTATED AGENDA
TO: Planning Commission Members
FROM: Julie Klima, City Planner
RE: Planning Commission Meeting for Monday, April 13, 2015
MONDAY,APRIL 13, 2015 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. SWEARING IN OF NEW MEMBERS
A. ED FARR
III. PLEDGE OF ALLEGIANCE- ROLL CALL
IV. APPROVAL OF AGENDA
MOTION: Move to approve the agenda.
V. APPROVAL OF MINUTES
MOTION: Move to approve the following Planning Commission minutes:
A. PLANNING COMMISSION MEETING HELD MONDAY, MARCH 23, 2015
VI. INFORMATIONAL MEETINGS
VII. PUBLIC MEETINGS
VIII. PUBLIC HEARINGS
A. VARIANCE#2015-01 by Lariat Companies, Inc.
Request to:
• Permit transfer of the City Code permitted area for wall signs of two tenant
spaces located on the north walls of Lariat Center Buildings III and IV to
the south walls of the buildings.
Per City Code, in a multi-tenant building, a wall sign must be located on the exterior wall
that a tenant occupies. Two of the tenants on the second floor of Lariat Center III and IV,
Dick's Sport's Barbers and BodyBrite are located on the north side of the respective
buildings. However, access to both of these suites is provided by way of one entrance in
each building located on the south side of the building. The applicant is requesting a
variance from City Code to permit transfer of the allowable area for wall signs of the two
tenant spaces described above to be re-located from the north walls of Lariat Center
buildings III and IV to the south walls of the buildings.
Staff recommends approval.
ANNOTATED AGENDA
February 23,2015
Page 2
MOTION 1: Move to recommend a continuance to the April 27, 2015
meeting.
(Please advise the audience that new public hearing notices will not be
mailed)
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the Final Order #2015-01
based on plans stamp dated March 20, 2015 and the information included in
the staff report dated April 13, 2015.
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend denial of Final Order #2015-01 based on
the plans stamp dated March 20, 2015, and the information included in the
staff report dated April 13, 2015.
B. CROSSROADS CENTER by Tim Cashin
Request for:
• Planned Unit Development Concept Review on 2.9 acres
• Planned Unit Development District Review with waivers on 2.9 acres
• Zoning District Amendment within the Commercial-Regional-Services
Zoning District on 2.9 acres
• Site Plan Review on 2.9 acres
The proposed project is for an exterior remodel and landscaping improvements to the site.
The site was previously approved in 1985. The proposed building and landscaping
improvements are a result of hail damage and the desire of the property owner to update
overall appearance of the site. The proposed landscaping plan includes the pruning of
existing trees by certified arborists, installation of ornamental trees, perennials, evergreen
shrubs, boulders and prairie grasses to provide a natural looking landscape that can provide
year round color. The berms are proposed to remain.
A PUD waiver is proposed to allow construction materials consisting of 46.1% EIFS and
53.6% brick and glass on the north elevation of the building. City Code requires 75% face
brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast
concrete panel with exposed aggregate. The proponent is seeking this waiver due to the
inability of the existing structure to support the additional weight that would be created by
ANNOTATED AGENDA
February 23,2015
Page 3
using the materials identified as appropriate for 75% of exterior building finishes. The
proponent is providing modifications to the roof line and store front design that will create
additional interest, definition, and texture to the overall building fagade.
Staff recommends approval.
MOTION 1: Move to recommend a continuance to the April 27, 2015
meeting.
(Please advise the audience that new public hearing notices will not be
mailed)
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the Planned Unit Concept
Review on 2.9 acres; Planned Unit Development District Review with waivers
on 2.9 acres; Zoning District Amendment within the Commercial-Regional-
Services Zoning District on 2.9 acres and Site Plan Review on 2.9 acres as
represented in the April 13, 2015 staff report.
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend denial of the Planned Unit Concept Review
on 2.9 acres; Planned Unit Development District Review with waivers on 2.9
acres; Zoning District Amendment within the Commercial-Regional-Services
Zoning District on 2.9 acres and Site Plan Review on 2.9 acres as represented
in the April 13, 2015 staff report.
C. CODE AMENDMENT STORMWATER by City of Eden Prairie
Request to:
• Amend City Code Chapter 11, Section 11.55 relating to stormwater.
Eden Prairie was issued coverage under the latest NPDES Stormwater Permit on April
3, 2014. The permit includes a number of new requirements, including a requirement
to update our City Code for management of post-construction stormwater runoff. The
amendment to the Code is to ensure that the City requirements meet or exceed the
standards set in State's Construction Activity Permit under the NPDES / DSD
Program and incorporate the new requirements for volume control and nutrient
ANNOTATED AGENDA
February 23,2015
Page 4
management for construction sites that disturb one (1) acre or greater (including
common plans of development). Additional changes were editorial.
Staff recommends approval.
MOTION 1: Move to recommend a continuance to the April 27, 2015
meeting.
(Please advise the audience that new public hearing notices will not be
mailed)
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the code amendment to
Chapter 11, Section 11.55 relating to stormwater as represented in the April
13, 2015 staff report.
OR
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend denial of the code amendment to Chapter
11, Section 11.55 relating to stormwater as represented in the April 13, 2015
staff report.
IX. PLANNERS' REPORT
A. EDEN PRAIRIE STATION AREA DESIGN CHARRETTE OUTCOMES
SESSION -Wednesday April 151h at 7:30-9:00 am/Heritage Rooms
X. MEMBERS' REPORT
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
XI. CONTINUING BUSINESS
XII. NEW BUSINESS
XIII. ADJOURNMENT
MOTION: Move to adjourn the Planning Commission meeting.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 23, 2015 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven
Frank, Ann Higgins, Mary Egan, Charles Weber,
Andrew Pieper
STAFF MEMBERS: Julie Klima, City Planner
Rod Rue, City Engineer
Lori Creamer, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Frank, Egan, and Wuttke were
absent.
II. APPROVAL OF AGENDA
Klima asked to reverse the order of the two public hearings tonight to discuss the
medical cannabis amendment first. Order was changed.
MOTION by Kirk, seconded by Weber, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 23, 2015
MOTION by Higgins, seconded by Weber, to approve the February 23, 2015 minutes.
Motion carried 4-0-1, Kirk abstained.
B. PLANNING COMMISSION MEETING HELD ON MARCH 9, 2015
MOTION by Pieper, seconded by Higgins, to approve the March 9, 2015 minutes.
Motion carried 4-0-1, Weber abstained.
IV. INFORMATIONAL MEETINGS
Planning Commission Minutes
March 9, 2015
Page 2
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. CODE AMENDMENT TO ADDRESS MEDICAL CANNABIS
DISPENSARY by City of Eden Prairie
Request to:
• Amend City Code to define and provide regulations for medical
cannabis distribution facilities.
Klima stated with the recent legislative changes which will allow medical cannabis
to be distributed in Minnesota starting July of 2015, city staff was approached by
Minnesota Medical solutions inquiring about the potential of locating a dispensary
facility within the city of Eden Prairie. Representatives spoke with staff and
explained what their business model was all about. City staff compared the
information with current regulations in city code and staff determined the use is
very individualized and would require some additional definition and provision
within the city code. The request before the commission tonight is a draft text
amendment that does allow for the definition of what a medical cannabis
dispensary is. The proposed definition parallels the language and information in
state law for a medical cannabis distribution facility. It also identifies the areas
within the city that would be acceptable locations for a medical dispensary. Those
areas are the office zoning district and I-2 zoning district. In addition the proposed
amendment includes performance standards such as parking, licensing and
security; many of which are also outlined in the state law.
The draft ordinance mirrors state law, specifically to the extent that it defines the
law as it currently is in place; therefore if the law changes to expand the patient
availability or other issues, it would require the city of Eden Prairie to take a look
at the possibility of revising its city code language.
Representatives from Minnesota Medical are here tonight to share information
regarding a facility such as this.
Stoltz clarified the decision tonight is not to approve a specific site but, instead
where this type of business could be located in Eden Prairie if they so choose.
Klima stated the amendment before you tonight is not if it is going to happen or a
specific site, it is providing for regulations in city code that would address it in the
future.
Stoltz asked commission members if they had any questions. There were no
questions. Stoltz addressed the audience asking for public input.
Planning Commission Minutes
March 9, 2015
Page 3
Kyle Kingsley, a physician currently living in south west Minneapolis, has been
practicing emergency medicine in Shakopee for about 8 years. Kingsley is the
CEO of Minnesota Medical Solution. He provided the commission with more
information about the company and the plans they have for the future. He wanted
to be absolutely clear they are not going to put together anything like Colorado or
California. He noted they are a group of physicians, scientist's,health care
providers,pharmacists and other members of the community who have put
together a different model for cannabis as medicine. The current model seen
nationally he sees as disturbing and they are looking to do something different. He
wanted to note how this model is different. There are a few ways; their focus is
helping patients, which is a universal focus,however the way they plan to help
patients is different than the national standard. One of the things they will be
focusing on is quality. They are making pharmaceutical grade medications in
Otsego, MN,harvesting in bulk and formulating medicines for the first time. On
the dispensary side they want to build a model that their team would be
comfortable having next to their house. It will be a very nice specialty or medical
clinic only accessible to patient, parents and care givers. The facility will be fully
staffed with pharmacy technicians,pharmacists and security that is over the top.
The facility will comply with Minnesota statues and whatever other guidelines the
commission comes up with tonight.
Stoltz asked Kingsley to walk through the process of a patient coming to a clinic.
Kingsley stated as a new patient the first step is for the patient to become certified
through a physician who is comfortable certifying a person with a qualifying
condition. There are strict guidelines to become certified in the state of Minnesota.
Once certified by a physician, the patient would then be registered with the state.
The patient would then have to provide additional information to the state and then
the request is either approved or denied. In order to enter the dispensary you have
to be a patient or parent/caregiver of a patient. The patient steps into a mantrap
vestibule where the patient's photo identification is checked through a window.
Once verified, they would enter into a waiting room where they would be greeted
by a pharmacy technician who would bring them into a private room. All
medications will be stored in a vault which results in a low crime potential. Once
the patient has talked with the pharmacy tech, the patient is then ready to check out
with a pharmacist who will dispense the medication. Security is present at all times
including 9 camera systems both inside and outside the building. Vaulting and
inventory checks are completed throughout the day.
Stoltz asked what the screening process is for employees to work at a facility such
as this. The industry standard is someone with personal experience with cannabis
and a thorough background check. We are taking that a step further and are hiring
pharmacy technicians that are going through our training program. The candidate
must also be patient focused and buy into the model.
Stoltz asked commissioners if they had any questions for Mr Kingsley.
Planning Commission Minutes
March 9, 2015
Page 4
Stoltz asked if there was anyone in the audience who wanted to speak at the public
hearing. There were none.
MOTION by Weber, seconded by Kirk, to close the public hearing. Motion carried 5-0.
MOTION by Weber, seconded by Higgins, to approve. Motion carried 5-0.
B. CODE AMENDMENT RELATING TO FENCE HEIGHT by City of Eden
Prairie (CONTINUTED ITEM)
Request to:
• Amend City Code relating to the maximum fence height
Klima stated staff presented the proposed amendment at the February 23, 2015
meeting. State building code was at 6 feet for fences and has recently been revised
to allow the maximum height to 7 feet without a permit. Staff is proposing the
zoning ordinance be amended to comply with the state building code.
As a part of that discussion the commission asked for some additional information,
specifically some background on why the code was changed at a state level and
also some history of recent requests for over height fences within the City of Eden
Prairie. Klima spoke with the building official and he stated the change was
initiated to match the international building code changes which were for security
purposes.
Klima stated in the last 10 years there were 8 formal application requests to change
the fence heights in a variety of zoning districts including residential, office,
industrial and golf course. The majority of the requests were in order to screen
outdoor storage or roadways. The requested fence height was generally between 7
and 8 feet, and a bit higher in the golf course zoning district to protect homes and
cars for errant golf balls.
Klima stated she would be happy to answer any other questions the commission
has and the draft code amendment changes were provided in the packet.
Stoltz clarified the chart Klima referenced in the staff report was for the past
decade.
Stoltz asked commissioners if they had any comments. Higgins asked about
practice of advisory groups in building trades to take a look at these types of
changes. Klima stated she is sure there was an extensive process prior to changing
the building code and is confident there was some type of outreach to people in the
building trade community as well as local municipalities.
Planning Commission Minutes
March 9, 2015
Page 5
Pieper asked why the amendment included the striking out of walls and hedges.
Klima stated it was to provide a little more clarity for hedge heights.
MOTION by Kirk, seconded by Weber, to close the public hearing. Motion carried 5-
0.
MOTION by Kirk, seconded by Weber, to approve. Motion carried 5-0.
VII. PLANNERS' REPORT
A. SW LRT STATION DESIGN OPEN HOUSE
There will be an open house on Thursday, April 9, 2015 from 5:30-7:30 pm in the
Heritage Rooms, lower level of City Hall.
B. EDEN PRAIRIE STATION AREA DESIGN CHARRETTE OUTCOMES
SESSION
A meeting to discuss the outcomes from the charrette session will be held on
Wednesday, April 15, 2015 from 7:30-9:00 am in the Heritage Rooms, lower level of
City Hall.
Klima stated the commission will receive a follow-up via e-mail confirming those dates
and times.
VIII. MEMBERS' REPORT
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Pieper gave a brief update on the recent Community Advisory Committee
meeting. Weber and Pieper are the representatives on the committee. SWLRT
community works website includes all the agendas, and development update.
He wanted to direct the commission to information on TOD areas. He noted that
it seems the more we are open to development is the key to a successful TOD
area. The website has a lot of good information for commission members to
take a look at. The website can be found at www.swlrtcommunityworks.org
Klima stated staff can send a link to commission members for review.
IX. CONTINUING BUSINESS
No continuing business.
X. NEW BUSINESS
Planning Commission Minutes
March 9, 2015
Page 6
No new business.
XI. ADJOURNMENT
MOTION by Higgins, seconded by Kirk, to adjourn the meeting. Motion carried
5-0.
:There being no further business, the meeting was adjourned at 7:23 p.m.
STAFF REPORT
TO: Planning Commission
FROM: Tania Mahtani, Planner I
DATE: April 13, 2015
SUBJECT: Variance 2015-01
APPLICANT/ Lariat Companies
OWNER:
LOCATION: 8345 and 8353 Crystal View Road
REQUEST: To permit transfer of the City Code permitted area for wall signs of two
tenant spaces located on the north walls of Lariat Center Buildings III and
IV to the south walls of the buildings.
BACKGROUND
The property is zoned C-REG-SER. The surrounding zoning is C-REG-SER, Office, RM-2.5,
and Neighborhood Commercial. The site is guided Regional Commercial. The surrounding area
is guided Regional Commercial, Community Commercial and High Density Residential.
VARIANCE REQUEST
Per City Code, in a multi-tenant building, a wall sign must be located on the exterior wall that a
tenant occupies.
Two of the tenants on the second floor of Lariat Center III and IV, Dick's Sport's Barbers and
BodyBrite are located on the north side of the respective buildings. However, access to both of
these suites is provided by way of one entrance in each building located on the south side of the
building. Signage at the allowable locations for these businesses is not practical and lacks
visibility.
Dick's Sport's Barbers' sign is currently located on the front of the building, and therefore is not
in compliance with code because their tenant space is in the back of the building. BodyBrite has
proposed to put its sign on the front of the building and its tenant space is in the back of the
building. Lariat Companies has communicated to City Staff that these two suites are the only
spaces in the two buildings that have this issue.
The applicant is requesting a variance from City Code to permit transfer of the allowable area for
wall signs of the two tenant spaces described above to be re-located from the north walls of
Lariat Center buildings III and IV to the south walls of the buildings. The amount of sign area
permitted by City Code is dependent upon the wall area associated with each tenant. Both signs
comply with City Code in terms of the sign size they would be allowed on the rear of the
building, where their exterior wall area is located.
VARIANCE STANDARD
Variances may be granted when they are "in harmony with the general purposes and intent of the
ordinance and when the variances are consistent with the comprehensive plan." Furthermore
variances may"be granted when the applicant for the variance establishes that there are practical
difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that the property owner proposes to use the
property in a reasonable manner not permitted by the zoning ordinance; the plight of the
landowner is due to circumstances unique to the property not created by the landowner; and the
variance, if granted, will not alter the essential character of the locality."
Harmony with Purpose and Intent of Ordinance
The requested variance is in harmony with the purpose and intent of the ordinance.
Wall signs are permitted in the C-REG-SER zoning district. The requested variance will not
alter the intended use of the property as two retail buildings.
Consistent with Comprehensive Plan
The Comprehensive Plan guides this property as Regional Commercial. The variance does not
change the use of the property and therefore the variance is consistent with the comprehensive
plan.
Reasonable Use of the Property
The requested variance is a reasonable use of the property.
• Wall signs are permitted in the C-REG-SER Zoning District.
• The requested variance will not alter the existing use of the property as two retail
buildings.
Circumstances Unique to the Property and not Created by Landowner
The property is unique for the following reasons:
• Neither of the Lariat buildings has a rear entrance into the two suites that is accessible to
customers. Customers of both tenants must enter the building thought the front lobby
entrances, while the area approved for signage is located on the rear of the building.
Therefore, signage on the rear of the building may confuse customers in finding either of
the spaces.
Will not alter Character of Locality
The requested variance will not change the character of the locality for the following reasons:
• The requested variance will not alter the existing use of the property as a two retail
buildings.
• The proposed BodyBrite sign size conforms to City Code requirements and the Dick's
Sport's Barber's sign is not changing.
• The proposed BodyBrite sign is located on the exterior wall space of the Lariat Offices,
which does not need a wall sign.
REQUESTED COMMISSION ACTION
The Commission may wish to choose from one of the following actions:
1. Approve Final Order#2015-01 with conditions outlined in the Final Order.
2. Approve Final Order#2015-01 with modifications.
3. Continue Variance Request#2015-01 for additional information.
4. Deny Final Order#2015-01.
Area Location Map-- Variance Request #2015-01
Address: 8353 and 8345 Crystal View Road,
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VARIANCE# 2015-01
CITY OF EDEN PRAIRIE
PLANNING COMMISSION
FINAL ORDER 2015
Applicant: Lariat Companies
ADDRESS: 8345 and 8353 Crystal View Road
OTHER DESCRIPTION: PID #1411622310047 and PID#1411622310048
VARIANCE REQUEST:
• To permit transfer of the City Code permitted area for wall signs of two tenant spaces located
on the north walls of Lariat Center Buildings III and IV to the south walls of the buildings.
The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly
considered the above petition and after hearing and examining all of the evidence presented and the file therein
does hereby find and order as follows:
1. All procedural requirements necessary for the review of said variance have been met. ()Les No N/A).
2. Variance 2015-01 is:
granted
modified
denied
3. Findings and conditions are attached as Exhibit A.
4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on
May 4, 2015; however, this variance shall lapse and be of no effect unless the erection or alternatives
permitted shall occur within one (1) year of the effective date unless said period of time is extended
pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof.
5. All Board of Adjustments and Appeals actions are subject to City Council Review.
BOARD OF ADJUSTMENTS AND APPEALS
N/A=Not Applicable BY:
Jon Stoltz—Chair
Date: April 13, 2015
EXHIBIT A—FINDINGS AND CONDITIONS
FINDINGS
Harmony with Purpose and Intent of Ordinance
The requested variance is in harmony with the purpose and intent of the ordinance.
Wall signs are permitted in the C-REG-SER zoning district. The requested variance will not alter
the intended use of the property as two retail buildings.
Consistent with Comprehensive Plan
The Comprehensive Plan guides this property as Regional Commercial. The variance does not
change the use of the property and therefore the variance is consistent with the comprehensive
plan.
Reasonable Use of the Property
The requested variance is a reasonable use of the property.
• Wall signs are permitted in the C-REG-SER Zoning District.
• The requested variance will not alter the existing use of the property as two retail
buildings.
Circumstances Unique to the Property and not Created by Landowner
The property is unique for the following reasons:
• Neither of the Lariat buildings has a rear entrance into the two suites that is accessible to
customers. Customers of both tenants must enter the building thought the front lobby
entrances, while the area approved for signage is located on the rear of the building.
Therefore, signage on the rear of the building may confuse customers in finding either of
the spaces.
Will not alter Character of Locality
The requested variance will not change the character of the locality for the following reasons:
• The requested variance will not alter the existing use of the property as a two retail
buildings.
• The proposed BodyBrite sign size conforms to City Code requirements and the Dick's
Sport's Barber's sign is not changing.
• The proposed BodyBrite sign is located on the exterior wall space of the Lariat Offices,
which does not need a wall sign.
CONDITIONS
1. The location of the two signs is limited to the placement shown on the plans stamp
dated March 20, 2015.
2. The variance is applicable to two suites only, Suites 202 and 204, of the building as
they are currently configured and shown on the plans stamp dated March 20, 2015.
3. Any additional sign to be placed on either building must meet City Code requirements.
In the event that a future tenant wants to put signage on the south facing wall, the
potential tenant will need to contemplate the allowable wall area for a sign, per City
Code requirements. If a tenant space reconfiguration occurs, the property owner will
need to evaluate available wall area for signage of current and future tenants.
4. A sign permit is required for the BodyBrite sign and Dick's Sports Barbers.
I
COMPANIES
February 26, 2015
Eden Prairie Planning Commission
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Sign Variance Application—Lariat Companies, Inc.
Buildings Impacted: Lariat Center III and Lariat Center IV
Dear Eden Prairie Planning Commission:
Reauest
A sign variance application is being submitted to the City of Eden Prairie for the Lariat Center
III and Lariat Center IV buildings because city code dictates that signage are mounted on the
outside wall directly above a commercial establishment,
Backiround
Lariat Center ill and Lariat Center IV are buildings owned by Lariat Companies, Inc. There is
one second floor space in Lariat Center III and one second floor space in Lariat Center IV that
are"landlocked"spaces. The second floor space located in Lariat Center III is currently
occupied by Dicks Sport's Barbers. The current signage displayed by Dick's Sports Barbers is
not in compliance with city code. Therefore any future tenant that would lease the space
currently occupied by Dick's Sports Barbers, Inc. would not have the opportunity to display its
signage in the same location currently used by Dick's Sports Barbers, Inc. The second floor
space in Lariat Center IV is currently leased by Body Brite. This space overlooks the roof of
Panino Brother's restaurant.
Practical Difficulty.
Both of these spaces are located on the north side of the respective buildings. The area where the
city signage code dictates signage be placed is not practical and lacks visibility, additionally,
access to both of these suites is by way of one entrance in each building located on the south side
of the building. The access to the Lariat Center III building faces Prairie Center Drive. The
Letter to the City of Eden Prairie
February 26, 2015
Page 2
access to the Lariat Center IV building faces Crystal View Road. Neither building has a rear
entrance accessible to customers. Therefore,customers of both tenants must enter the building
through the lobby entrances, while the area of approved signage for both tenants is in the rear of
the building. This creates a unique situation for each of these tenants. It also creates a practical
difficulty for each tenant since the current approved signage area is on the north side of the
building while the entrances to each of the buildings are located on the south side.
Placing signage on the north side of the building permitted by city code would only confuse
customers and would not be helpful to customers in finding either of these spaces. This set of
circumstances would be particularly difficult for handicapped customers needing to use the
elevator,which is located in the lobby of Lariat Center III, which is located on the south side of
the building. Finally,neither of these tenants has the opportunity to be on pylon signage, so the
storefront signage is their sole means of advertisement via signage.
Proposed Solution
Lariat Companies, Inc. proposes that any future tenant leasing Suite 202 in Lariat Center III be
allowed to mount signage in the same location as the existing signage of Dick's Sports' Barbers.
It also proposed that Body Brite and any future tenants occupying Suite 204 in the Lariat Center
IV building be allowed to mount signage on the south side of the building, above the Profitless
sign. Both of these locations are much closer to the entrances of the respective buildings.
Additionally, each of these signage locations provides excellent visibility.
Test of Reasonableness
The current Dick's Sports' Barbers sign and the proposed Body Brite sign comply with the style
and size of other signs at the Lariat Center III and Lariat Center IV buildings. Additionally,
Test of Neighborhood Character
Lariat Center III and Lariat Center IV are commercial buildings with tenants engaged in offering
a variety of goods and services. The existing signage of Dick's Sport's Barbers and proposed
signage of Body Brite are within the neighborhood character. No other business has been
negatively impacted by the existing location of the Dick's Sports' Barber signage. No business
would be impacted negatively by the proposed Body Brite signage, since there are no other
competing businesses within the building. Additionally, the locations of the existing Dick's
Sports' Barber Signage and the proposed Body Brite signage are not locations that would be
offered to any other new tenants leasing in either of the buildings. These signage locations
would be dedicated exclusively to tenants leasing the"landlocked"spaces in these buildings.
Letter to the City of Eden Prairie
February 26, 2015
Page 3
Supporting Documentation
• Exhibit A—Plan of second floor office space in Lariat Center III, currently occupied by
Dick's Sport's Barbers, Inc. illustrating the"landlocked"nature of the space
• Exhibit B—Plan of second floor in Lariat Center IV, currently occupied by Body Brite,
illustrating the"landlocked"nature of the space.
• Exhibit C- Aerial photo From Google Maps showing(a)the location of existing signage
of Dick's Sports' Barbers and proposed location of Body Brite signage in purple; (b)
location of entrance to each of the buildings in yellow; and(c) location of each of the
suites in blue,
• Exhibit D—Current location of Dick's Sports' Barbers Signage, including square footage
of the area where the sign is located.
• Exhibit E—Approved Iocation for Dick's Sports' Barbers Signage,on the north side of
the building, including the square footage of area where sign is allowed to be placed
• Exhibit F- Photographs of buildings and surroundings.
• Exhibit G---Approved location for Body Brite signage on the north side of the building,
including square footage of area of approved location
• Exhibit H—Proposed location for Body Brite signage, including square footage of area
• Exhibit I - Drawing by the sign company showing the location and size of the proposed
Body Brite signage.
• Exhibit J —Plan depicting tenant space on south side of the building, location of tenant
space within the building,the location of the Dick's Sports' Barber sign and the signage
opportunity for the tenant located on the south side of the building,
If you have any questions or comments regarding the request,please feel free to contact me.
Sincerely,
LARIAT CO S, 1NC.
Kell D. Ail ms
Real state Coordinator
:kda
Enclosures
8345 Crystal View Road, Suite 200, Eden Prairie, MN 55344
952-955-7821 kell .adams 44lariatcomn panies.com
L c x r Ce.n+er
OFFICE
NET AREA 6,363 5F
x =
5EGON0 FLOOR
6RO%AREA OP41 5F (LE55 VERTICAL PENETRATIONS)
NET RENTABLE 6,263 5F
PROJECT: DATE: SHEET NO:
LARIAT CENTER 12/29/99
option 6B
COMM NO:
end FLOOR DIAGRAM 99065.00
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STAFF REPORT
TO: Planning Commission
FROM: Julie Klima, City Planner
DATE: April 13, 2015
PROJECT: Crossroads Center
LOCATION: 7731 Flying Cloud Drive
APPLICANT: Tim Cashin
OWNERS: Crossroads Center of 212 Limited Partnership
120 DAY REVIEW: Expires July 12, 2015
REQUEST: 1. Planned Unit Development Concept Review on 2.9 acres
2. Planned Unit Development District Review with waivers on 2.9 acres
3. Zoning District Amendment within the Commercial Regional Service
Zoning District on 2.9 acres
4. Site Plan Review on 2.9 acres
BACKGROUND
The Comprehensive Guide Plan shows the 2.9 acre property for Regional Commercial land use.
Surrounding land uses are also guided Regional Commercial. The property is zoned Commercial
Regional Service.
SITE PLAN
The proposed project is for an exterior remodel and landscaping improvements. The building
experienced hail damage in 2013 and rather than replacing only the damaged areas, the
proponent wishes to undertake a broader exterior improvement to overall building fagade.
As a part of the exterior improvements to the site, that proponent is proposing to include
additional finishes to the roof line that provide additional definition, interest and color to the roof
line. Also proposed is the installation of canopies to include additional texture, contrast, and
interest to the fagade.
The current landscaping on site is primarily coniferous and deciduous trees on the berms located
between the street and the building. The landscaping has become dated and overgrown. As a
part of this plan, the proponent is seeking to improve the overall look and functionality of the
landscaping as proposed on the attached plans. The proposed plan includes the pruning of
existing trees by certified arborists, installation of ornamental trees, perennials, evergreen shrubs,
Staff Report—Crossroads Center
April 13, 2015
Page 2
boulders and prairie grasses to provide a natural looking landscape that can provide year round
color. The berms are proposed to remain and the landscaping improvements will be located
throughout the site to improve the overall look, visibility and screening of the site.
The proposed site plan also includes the installation of bicycle racks that will accommodate the
parking of up to 16 bicycles on site.
PLANNED UNIT DEVELOPMENT WAIVER
City Code requires construction materials of 75% of exterior building finishes to be face brick,
natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel
with exposed aggregate.
The existing structure utilizes a combination of brick and a metal sign panel. The proponent is
proposing to reface the building using EIFS in place of the existing metal panel. Upon review of
the building, it was determined that the structure would not be able to support the additional
weight that would be created by using the materials identified as appropriate for 75% of exterior
building finishes.
The following PUD waiver is proposed:
1. Construction materials consisting of 46.1% EIFS and 53.6 % brick and glass on the north
elevation of the building. City Code requires 75% face brick, natural stone, glass, cast
stone, cultured stone, architectural precast or precast concrete panel with exposed
aggregate.
The south, east, and west elevations all exceed the 75% exterior building material standards. The
reduced construction materials on the north elevation are requested due to the existing conditions
of the construction and structural analysis of the building. In addition, the proponent is
proposing to provide modifications to the roof line and store front design that will provide
additional interest, definition, and texture to the overall fagade.
SIGNS
All sign permits will require review and approval through the sign permit process.
SITE LIGHTING
Additional lighting will be provided below the overhang and canopies as a part of the fagade
improvements. A photometric plan will be required to be submitted at the time of building permit
and will be required to meet City requirements.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
Staff Report—Crossroads Center
April 13, 2015
Page 3
1. Planned Unit Development Concept Review on 2.9 acres
2. Planned Unit Development District Review with waivers on 2.9 acres
3. Zoning District Amendment within the Commercial Regional Service zoning district on
2.9 acres
4. Site Plan Review on 2.9 acres
This is based on plans stamp dated March 10, 2015 and the following conditions:
1) Prior to building permit issuance for the property, the proponent shall:
a) Provide a photometric plan that complies with City requirements.
b) Revise the landscaping plan to:
(i) Increase the size of the three Black Hills Spruce (BHS) from 6 feet tall to
8 feet.
(ii) Increase the size of the four proposed ornamental trees from 1.5 inch b&b
to 2.0 inch b&b.
a. Spring Snow Crab— 1 tree
b. Flame Amur Maple—2 trees
c. Autumn Brilliance Serviceberry— 1 tree
c) Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the
landscaping plan for review and approval.
2) The following waivers have been granted through the PUD District Review for the property:
a) Construction materials consisting of 46.1% EIFS and 53.6 % brick and glass on the north
elevation of the building. City Code requires 75% face brick, natural stone, glass, cast
stone, cultured stone, architectural precast or precast concrete panel with exposed
aggregate.
3) All signage shall require review and approval of a sign permit.
Area Location Map - Crossroads Center
Address: 7731 Flying Cloud Drive
Eden Prairie, Minnesota 55344
0
7731 Flying Cloud Drive
Prairie Center Drive
Viking Drive
N
400 800 Feet
Guide Plan Map -Crossroads Center
7731 Flying Cloud Drive, Eden Prairie, MN 55344
7731 Flying Cloud Drive
SITE
Prairie Center Drive
H
Viking Drive
City of Eden PraWg.La e i
Plan Map 2000-202
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre Community Commercial Streams
®Low Density/Public/Open Space - Regional Commercial —Principal Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center A Minor Arterial
—B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
OMedium Density Residential/Office Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07
—Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07
High Density Residential 10 40 Units/Acre Public/Quasi-Public —Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07
DATE Revised 03-23-06 DATE Revised 03-01-08
Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office -Church/Cemetary F
®Office/Industrial Open Water
®Office/Public/Open Space Right-Of-Way 440 2200 440°Feet
- Industrial
Zoning Map - Crossroads Center
7731 Flying Cloud Drive,
Eden Prairie, MN 55344
7731 Flying Cloud Drive
Prairie Center
Viking Drive
i y of Eden Prairie nn
Rural Regional commercial Shoreland Management Classifications N
R1-44 One Family-44,000 sf.min. -TC-C FNE Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R FIRD Recreational Development Waters
R1-13.5 One Family-13,500 sf min. -TC-MU G DI General Development Waters(Creeks Only)
R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain
RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008
0 Office 0 Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition
Neighborhood Commercial Golf Course Date:March 1,2009
CommunityCommercial Water rasa ofmso,a -y ra-dm--g massmoafm�o�th—.�g map,fna or-- �.
a,man—die 1—rpt--file of E—rSaida ci C--.warmed.
-Highway Commercial Right of Way
-Regional Service Commercial 0 0.075 0.15
Miles �..... ..a...._,.p. ..,_,., w.a..,.,m.,m ._,,ma.
Aerial Map - Crossroads Center
Address:7731 Flying Cloud Drive
Eden Prairie, Minnesota 55344
7731 Flying Cloud Drive
01
t.;
PPI
16
` T
Prairie Center Drive
IN Ir T.
411
Viking Drive
•
wq
�� - 840 Feet +
Memorandum
To: Planning Commission
From: Leslie A. Stovring, Environmental Coordinator
Date: April 13, 2015
Re: Code Amendment—City Code Section 11.55 Relating to Land Alteration, Tree Preservation and
Stormwater Management Regulations
What are the Land Alteration,Tree Preservation and Stormwater Management Regulations?
The Code was developed to protect water quality and preserve trees within the City. The Stormwater
Management Regulations serve to supplement the General Permit Authorization to Discharge
Stormwater Associated with Construction Activity under the National Pollutant Discharge Elimination
System (NPDES) / State Disposal System (SDS) Program, commonly called the NPDES Permit, which
provides a set of minimum standards for water quality protection and Stormwater management.
Why is the Amendment to the Code Proposed?
Eden Prairie was issued coverage under the latest NPDES permit on April 3, 2014. The NPDES permit
includes a number of new requirements, including updating our City Code for management of
Stormwater post-construction. The amendment to the Code is to address the following:
• Ensure that the City requirements meet or exceed the standards set in State's Construction Activity
Permit under the NPDES /DSD Program.
• Incorporate new requirements for volume control and nutrient management for construction sites
that disturb one (1) acre or greater(including common plans of development).
What are the Potential Impacts of this Revision?
Adoption of these standards will require additional staff time to review projects that are greater than one
acre in size. It is not anticipated this will slow down the development review process as the
requirements to meet the City Code will be as or less restrictive than the Watershed District
requirements in most instances. City projects, including linear projects, will require additional analysis
and provisions for infiltration and treatment of Stormwater runoff to the MEP. If mitigation is required,
additional time for analysis to locate mitigation opportunities; procure funding for purchase of property
or easements; construction of the mitigation; and monitoring and maintenance of mitigation sites would
be needed. This would potentially be an added cost for the city and the developer.
What are the Key Changes?
• Consolidation of Tree Protection Requirements (Subd. 4)
• Addition of new Stormwater management requirements (Subd. 6)
• Better correlation with the City's NPDES Permit requirements in general
• Miscellaneous or housekeeping issues that have arisen during day to day application of the
ordinance. This includes reorganization of the Code.
Key Acronyms
BMP—Best Management Practice
DNR—Minnesota Department of Natural Resources
MEP—Maximum Extent Practicable
MPCA—Minnesota Pollution Control Agency
MS4—Municipal Separate Storm Sewer System
NPDES —National Pollutant Discharge Elimination System
USEPA—U.S. Environmental Protection Agency
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
DRAFT ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION,
AND STORMWATER MANAGEMENT REGULATIONS AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH 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 deleting Section 11.55 in its entirety
and replacing it with the following:
SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER
MANAGEMENT REGULATIONS.
Subd. 1. Declaration of Policy and Purpose.
A. Land Alterations are inherently accompanied by noise and dust, may create hazardous
conditions and may result in lasting disfigurement of the places where they are carried on
and thus may affect existing land uses in nearby areas, discourage further permanent
development of the surrounding properties, impair adequate planning or municipal
development, and diminish public health, safety, and general welfare. It is, therefore,
desirable to regulate Land Alterations in the City.
B. Tree removal, damage, and destruction tends to endanger the natural character of the land
from which the trees have been removed and surrounding lands, and to diminish and impair
the public health, safety and general welfare. The Council desires to protect the integrity of
the natural environment and finds that trees do so by providing for better air quality, scenic
beauty, protection against wind and water erosion, and natural insulation for energy
preservation. Further, the Council finds that trees protect privacy and provide enhancement
of property values. It is, therefore, the further purpose of this Section to provide regulations
relating to the cutting, removal or killing of trees, with the consequent damage and
destruction of the wooded and forested areas of the City, to promote the orderly
development of such areas and thereby minimize public and private losses; to insure
maintenance of the natural vegetation and topography; to encourage protection and
preservation of the natural environment and beauty of the City; to encourage a resourceful
and prudent approach to urban development of wooded areas which provides for minimal
tree loss and mitigation of tree removal resulting from development; to provide an objective
method to evaluate a development's impact on trees and wooded areas and identify whether
and how the impact may be reduced; to provide incentive for creative land use and good site
design which preserves trees while allowing development in wooded areas with mitigation
Land Alteration, Tree Preservation and Stormwater Management Regulations
DRAFT City Code Chapter 11.55—rev. 04108120I5
Page I of 25
of tree removal and destruction; and to provide for enforcement and administration thereby
promoting and protecting the public health, safety and welfare.
C. The Council seeks to promote, preserve and enhance the natural resources within the City
and protect them from adverse effects of stormwater runoff by providing site design
standards that minimize stormwater runoff to meet the requirements of appropriate
regulatory agencies.
Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words
shall have the meanings stated below.
A. Applicant. A Person submitting an application for a Permit.
B. Best Management Practices. Best Management Practices or BMPs (defined under
Minnesota Rules 4001.1020, subp. 5) are practices to prevent or reduce the pollution of the
waters of the state, including schedules of activities, prohibitions of practices, and other
management practices, and also includes treatment requirements, operation procedures and
practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage
from raw material storage. BMPs are effective and practicable means of controlling,
preventing, and minimizing degradation of surface water from Stormwater runoff.
C. Building Permit. A Building Permit is a Permit issued pursuant to Minn. Stat. chap. 326, the
State Building Code.
D. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk of
a certified nursery raised tree at 12 inches above the ground.
E. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the
Tree Trunk.
F. Certified Contractor. An individual who has received training and is licensed by the State of
Minnesota to inspect and maintain erosion control practices.
G. Construction Activity. A disturbance to the land that results in a change to the topography or
existing soil cover (both vegetative and non-vegetative) that may result in accelerated
stormwater runoff. Examples of Construction Activity may include clearing, grading, filling
and excavation.
H. Control Measure. The practice or combination of practices to control Erosion,
Sedimentation and Pollution.
I. Detention Basin. A Detention Basin is a natural or man-made structure, facility or basin for
the temporary storage of Stormwater to allow settling of Pollutants while delaying
Discharge of water so that water slowly empties from the area, including but not limited to,
wetlands, dry ponds, Vegetated Swales, Infiltration trenches and Infiltration basins.
Land Alteration, Tree Preservation and Stormwater Management Regulations
DRAFT City Code Chapter 11.55—rev. 0410812015
Page 2 of 25
J. Development Plan — A contiguous area that includes a common plan of development or sale
where multiple separate and distinct land disturbing activities, including New Development
or Redevelopment, may be taking place at different times, or different schedules, but under
one proposed plan. One Development Plan is broadly defined to include design, Permit
application, advertisement or physical demarcation indicating that land-disturbing activities
may occur.
K. Discharge. The conveyance, channeling, runoff, or drainage of Stormwater or any substance
which enters a Stormwater Facility.
L. DNR Catchment Area. The Hydrologic Unit 08 drainage areas that drain to a river, stream
or lake as delineated and digitized by the Minnesota Department of Natural Resources
(DNR) Watershed Delineation Project. The mapping information for the DNR Catchment
Areas is available at the DNR Data Deli web site (deli.dnr.state.mn.us).
M. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches
of the Canopy of a Tree to the ground.
N. Diameter. Wherever this term is used in reference to the measurement of a tree it shall mean
a Tree Trunk as measured 4.5 feet above the ground.
O. Erosion. Any process that wears away the surface of the land by the action of water, wind,
ice or gravity.
P. Erosion Control Systems. Methods, measures or systems employed to prevent soil Erosion.
Q. Filtration. Filtration means the process by which Pollutants are removed through filtering
and settling of stormwater runoff, biological and microbiological uptake, and/or soil
adsorption. Filtering practices include media filters (surface, underground, perimeter),
vegetative filters (filter strips, grass channels), and combination media/vegetative filters (dry
swales).
R. Final Stabilization. All Land Alteration has been completed and a uniform perennial
vegetative cover with a density of seventy (70) percent of the cover for unpaved areas and
areas not covered by permanent structures has been established on the land or equivalent
permanent cover or stabilization measures have been employed as approved by the City.
Sowing grass seed or an annual cover crop is not considered Final Stabilization.
S. Green Infrastructure. A wide array of practices at multiple scales that manage wet weather
and maintains or restores natural hydrology by infiltrating, evapotranspiring, or harvesting
and using stormwater. On a regional scale, green infrastructure is the preservation or
restoration of natural landscape features, such as forests, floodplalns and wetlands, coupled
with policies such as infill and redevelopment that reduce overall imperviousness in a
watershed. On a local scale, green infrastructure consists of site and neighborhood-specific
practices, such as bioretention, trees, green roofs,permeable pavements and cisterns.
Land Alteration, Tree Preservation and Stormwater Management Regulations
DRAFT City Code Chapter 11.55—rev. 0410812015
Page 3 of 25
T. Infiltration. Infiltration is the capture and temporary storage of water to allow passage or
movement of the water into the soil through the use of techniques such as Infiltration basins,
Infiltration trenches, rainwater gardens, underground Infiltration systems, or natural or
enhanced swales.
U. Land. Land shall mean and include an entire Lot (as defined in Section 11.02 of the City
Code) on or within the boundaries of which Land Alteration has occurred, or is to occur.
V. Land Alteration Permit. A Permit to allow Land Alteration. This would include Grading
and Filling Permit referenced in Section 11.50 Subd. 11.
W. Land Alteration. Any land disturbing activity, including: excavating, grading, digging,
cutting, scraping, clearing; removal of trees, filling or other change or movement of earth
which may result in diversion of a man-made or natural water course or Erosion of
Sediments.
X. Maximum Extent Practicable. Maximum Extent Practicable or MEP means the statutory
standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the level of Pollutant reductions that
the Permittee must achieve. Determination of the appropriate BMPs required to satisfy the
Land Alteration Permit requirements to the MEP will be completed by the City Engineer.
Y. New Development. All Construction Activity that is not defined as Redevelopment.
Z. NPDES. NPDES means the National Pollutant Discharge Elimination System as established
pursuant to 33 USC § 1342 (b) to regulate Discharges of Pollutants to waters of the United
States.
AA. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota
Pollution Control Agency (MPCA) to regulate Discharges of Pollutants to waters of the
United States, whether the permit is applicable on an individual, group or general area-wide
basis.
BB. Owner. Any person having a sufficient proprietary interest in the land for which a permit is
or may be issued under this Section.
CC. Permit. A Land Alteration Permit or a Building Permit.
DD. Permittee. The holder of a Permit pursuant to this Section.
EE. Pollutant. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants
(including, without limitation, asbestos, urea formaldehyde, the group of organic compounds
known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude
oil and various constituents of such products, and any hazardous substance as defined in
Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a
permit for their Discharge into any water source or system or the air under the Federal Water
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Pollution Control Act, 33 U.S. C. §1251 et Seq., or the Clean Air Act, 42 U.S.C. §7401 et
Seq.; (iii) hazardous substances, Pollutants or contaminates defined in Minnesota Statutes
Chapter 11513; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides,
herbicides, paints, solvents, automotive fluids, wastes and residues that result from
constructing a building or structure, and (iv) any other similar state law or ordinance. A
Pollutant of Concern is a Pollutant specifically identified in a USEPA-approved Total
Maximum Daily Load (TMDL) report as causing a water quality impairment.
FF. Redevelopment. Any Construction Activity where,prior to start of construction, the areas to
be disturbed have 15% or more of impervious surface(s).
GG. Retention Basin. A retention basin is a temporary or permanent natural or man-made
structure, facility or basin that provides for storage of Stormwater where water is allowed to
empty through evapotranspiration, Infiltration, Filtration or evaporation, including but not
limited to wet, dry or National Urban Runoff Program (NURP) ponds.
HH. Root Zone. The area under a tree which is at and within the Drip Line of a Canopy of a
Tree.
IL Saturated Soil. The highest seasonal elevation in the soil that is in a reduced chemical state
because of soil voids being filled with water. Saturated soil is evidenced by the presence of
redoximorphic features or other information.
JJ. Sediment. The product of an Erosion process, including solid matter both mineral and
organic, that is in suspension, is being transported, or has been moved by water, air, gravity
or ice and has come to rest on the earth's surface either above or below the normal water
level.
KK. Sedimentation. The process or action of depositing Sediment.
LL. Significant Tree. Any deciduous hardwood tree (except elm, willow, box elder and aspen)
measuring 12 inches in Diameter or greater, or a coniferous tree measuring 8 inches in
Diameter or greater.
MM. Site. The area of Land within which Land Alteration occurs or is to occur.
NN. Stormwater. Any form of natural precipitation which causes water to runoff or flow from
one place to another and includes Stormwater runoff, snow melt runoff, and surface runoff
and drainage.
00. Stormwater Facility. A stationary and permanent Stormwater BMP designed, constructed
and operated to prevent or reduce the Discharge of Pollutants in Stormwater as well as
structures built to collect, convey, or store Stormwater, including but not limited to, inlets,
pipes, storm drains, pumping facilities, Retention Basins, Detention Basins, drainage
channels, reservoirs, and other drainage structures.
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PP. Stormwater Management. The use of structural or non-structural practices that are designed
to reduce the movement of Stormwater, including Stormwater Discharge volumes, and peak
flow Discharge rates.
QQ. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subd. 8.E of this
Section. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES
Permit program to manage and reduce the Discharge of Pollutants in Stormwater.
RR. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof.
SS. Vegetated Swales. A vegetated earthen channel that conveys Stormwater while treating the
Stormwater with biofiltration. Such swales may be designed to pretreat surface runoff by
removing Pollutants through Filtration and Infiltration.
TT. WMZ. The WMZ (Wellhead Management Zone) is the area within a fifty (50) foot radius
from any municipal well.
Subd. 3. Permit Requirements and Exemptions.
A. Permit Required. Except as hereafter provided, it is unlawful for any person to use Land
for, or to engage directly or indirectly in, Land Alteration unless such person shall first have
applied to and obtained from the City, in the manner hereinafter provided, a Permit
authorizing the same.
B. Single Family Dwelling. At a minimum, a person engaging in Land Alteration in
connection with construction of a Single Family Dwelling must obtain a Building Permit
from the City. In addition, a Land Alteration Permit may be required if the City Engineer or
his/her designee determines that site conditions require a Permit or if a Land Alteration
Permit is required in other Sections of the City Code. The Permittee who conducts Land
Alterations pursuant to a Building Permit shall be required to comply with Subds. 5, and 7
of this Section. In the event more than 10% of the Significant Trees on the Site are to be
removed, the Permittee shall also comply with Subd. 4 of this Section. Failure to comply
with Subds. 4, 5, and 7 of this Section if applicable, will subject the Permittee to the
provisions of Subd. 7.J of this Section. The application for the Building Permit shall include
a Certificate of Survey, including a map of the Erosion Control Measures which will be
provided, and must be pre-approved in writing by the City. Single Family Dwelling
construction includes construction of a single family dwelling, garage, pool, addition,
driveway or deck.
C. General Exemptions. The following Land Alterations are exempt from the requirements for
a Permit:
1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit
which was approved by the City prior to April 21, 2015 and which has not expired.
2. Movement of less than 100 cubic yards of earth.
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3. For all lots except residential lots, the cutting, removal or killing of less than 10% of
the Significant Trees on any Land within a period of five years. For residential lots,
the cutting, removal or killing of less than 10% of the Significant Trees or 1
Significant Tree, whichever is greater, on any land within a period of five years.
4. Any destruction or disruption of vegetation covering an area equal to or less than
10% of any Land.
5. Installation of a fence, sign, telephone or electric poles and other posts or poles
which result in less than 1,000 square feet of exposed soil.
6. Home gardens, turf or an individual's home landscaping, installation, repairs and/or
maintenance work.
7. Retaining walls less than four (4) feet in height and twenty-five (25) feet in length
that are constructed in a manner which does not change the existing Stormwater
Drainage. This would include a single or tiered retaining wall system.
8. Existing agricultural, horticultural or silvicultural operations.
9. Opening and closing graves.
10. Emergency work to prevent or alleviate immediate dangers to life, limb, property or
natural resources. In such an event, if a Permit had been required but for the
emergency, the obligations of this Section shall apply and shall be performed at the
earliest reasonable time thereafter.
11. Excavations for tunnels, wells, utilities, trails, sidewalks, roads or other public work
projects which are undertaken by the City, unless the disturbance meets the criteria
established in Subd. 6 of this Section.
D. Other Requirements. Neither this Section nor any administrative decision made under it
exempts a person from other requirements of this Code, from procuring permits required by
other agencies (including but not limited to the Watershed District, Hennepin County,
Minnesota Pollution Control Agency (MPCA), the Minnesota Department of Natural
Resources (DNR) or the U.S. Army Corps of Engineers (USAGE) or from complying with
the requirements and conditions of such permits. A copy of any permits related to Wetlands,
Land Alteration or Stormwater received from another federal, state or local authority must
be provided to the City Engineer prior to issuance of a Permit from the City.
Subd. 4. Tree Replacement Plan Requirements.
The issuance of a Land Alteration Permit or Building Permit shall be further subject to and
conditioned upon compliance by the Permittee with the following:
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A. Tree Inventory. A Tree Inventory certified by a registered land surveyor, landscape
architect or forester must be provided to the City Forester. The Tree Inventory must depict
the following:
1. The size, species, condition and location on the Site of all Significant Trees. On
large wooded areas, forest mensuration methods may be used to determine the total
Diameter inches of trees outside the area of the proposed Land Alteration.
2. A list of Significant Trees which will be lost due to the proposed Land Alteration.
Significant Trees shall be considered lost as a result of:
a. grade change or Land Alteration, whether temporary or permanent, of greater
than one (1) foot measured vertically, affecting 60% (as measured on a
horizontal plane) or more of the tree's Root Zone;
b. utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone
and cable TV) resulting in the cutting of 60% or more of the tree's roots
within the Root Zone;
C. mechanical injury to the Tree Trunk of a Significant Tree causing loss of
more than 40% of the bark at any given Diameter location along the trunk; or,
d. compaction to a depth of 6 inches or more of 60% or more of the surface of
the soil within a Significant Tree's Root Zone.
3. The number, type and size of trees required to be replaced pursuant to this Section.
4. The location of the replacement trees.
B. Tree Replacement Requirements. The Permittee shall replace Significant Trees lost or
reasonably anticipated to be lost as a result of Construction Activity or Land Alteration
immediately upon the occurrence of a loss, whether the loss occurs during Construction
Activity, Land Alteration or thereafter, by the Permittee, his agent, or successor in interest
by planting that number of trees (Replacement Trees) determined in accordance with the
following formula:
A = Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration
B = Total Diameter Inches of Significant Trees Situated on the Land
C = Tree Replacement Constant(1.33)
D = Replacement Trees (Number of Caliper Inches)
[(A/B) x C] x A= D
EXAMPLE
A= 337
B = 943
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C = 1.33
D = 160
[(337/943) x 1.33] x 337 = 160
The trees required to be replaced pursuant to this Section shall be in addition to any other
trees required to be planted pursuant to any other provision of the Code. A Financial
Security is required as described in Subdivision 12 of this Section.
C. Location of Replacement Trees. Replacement Trees shall be planted in one or more of the
following areas on the Land:
1. Restoration areas including steep slopes.
2. Outlots or common areas.
3. Buffer zones between different land uses and/or activities.
4. Project entrance areas.
5. Wetland Buffer Areas
6. Stormwater BMPs designed according to Subd. 6.
7. Any other part of the Land except areas dedicated or conveyed to the City, unless the
City consents in writing.
D. Sizes and Types of Replacement Trees. Replacement Trees must be no less than the
following sizes:
1. Deciduous trees - no less than three (3) Caliper Inches.
2. Coniferous trees - no less than seven (7) feet high.
On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and
coniferous trees may be six (6) feet in height.
Replacement Trees shall be of a species similar to the trees which are lost and shall be pre-
approved in writing by the City.
E. Time to Perform. Replacement trees shall be planted not less than 18 months after the date
of issuance of the Permit.
F. Missing, Dead or Unhealthy Trees. Any Replacement Tree which is not alive or healthy
one (1) year after the date that the last Replacement Tree has been planted shall be removed
and a new healthy tree of the same size and species shall be planted in place of the removed
tree. All such plantings shall occur within one year of the date the tree qualifies as dead,
unhealthy or missing.
G. Sources of Trees. Replacement trees shall consist of "certified nursery stock" as defined by
Minnesota Statutes Section 18.46.
Trees planted in place of missing, dead, or unhealthy Replacement Trees shall consist only
of"certified nursery stock" as defined by Minnesota Statutes, Section 18.46.
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H. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and
grown by the owner or owner's predecessor on real estate which on April 17, 1990 was
classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section
273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and used
exclusively for growing trees for timber, lumber, wood and wood products as described in
clause (1) of said Subd. 23(b).
Subd. 5. General Requirements for Land Alteration.
Land Alteration shall be subject to and conditioned upon the performance by the Permittee or
Owner of the following general requirements regardless of whether a Permit is required:
A. Concrete Truck Wash Out. Designation of an area for wash out of concrete trucks and
equipment must be provided by the Permittee. Sites that are one acre or more must provide
on the Site a station for washing out concrete trucks and equipment. The location of the
wash out area or wash out station shall preclude the drainage of concrete and all other wash
out wastes from the washing activities to a Stormwater Facility or water resource.
B. Corrections. Breaches of the perimeter of the Site by Erosion shall be immediately
corrected, cleaned up and restored. A right-of-entry from the adjoining property owner(s)
must be obtained to implement clean up and restoration on adjoining properties that were
impacted by the Erosion. Erosion breaches must be corrected within 48 hours of obtaining a
right-of-entry.
C. Drain inlet protection. All storm drain inlets shall be protected during Construction
Activities and Land Alteration with silt fence or other equivalent barrier meeting accepted
design criteria, standards and specifications contained in the MPCA publication "Protecting
Water Quality in Urban Areas" or alternative pre-approved in writing by the City until Final
Stabilization is completed.
D. Driveway construction or replacement. All driveway construction or replacement that
disturbs the underlying soils shall be installed in accordance with City Code Chapter 11
surface requirements. Driveway construction shall be completed within 120 days after the
earlier of the following: (i) completion of the structure(s) for which the driveway is
constructed; (ii) a driveway replacement project is started; or (iii) a Certificate of Occupancy
has been issued; unless otherwise approved by the City.
E. Erosion Control Installation. Erosion Control Systems shall be installed prior to
commencement of any Land Alteration activity and maintained during the Land Alteration
activities in accordance with the following parameters:
1. Stormwater channeled from adjacent areas passing through the Site shall be diverted
around disturbed areas during the Land Alteration, if practical. Diverted Stormwater
shall be conveyed in a manner that will not erode the channels.
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2. All activities on the Site shall be conducted in a manner which minimizes the area of
bare soil exposed at any one time.
3. Runoff from the Site shall be controlled by meeting subsection a. below and either
subsection b. or c., depending on the size of the Site.
a. All disturbed earth shall be stabilized by seeding (if prior to September 15),
sodding, mulching, or other equivalent Control Measure pre-approved in
writing by the City within fourteen (14) days of ceasing Construction
Activity or Land Alteration, unless required otherwise in a federal, state or
local permit.
b. For sites with more than ten (10) acres disturbed at one time, or if a channel
originates in the disturbed area, one (1) or more temporary and/or permanent
Detention or Retention Basins (Basin) shall be constructed. Each Basin shall
have a surface area of at least 1% of the area draining to the Basin and at least
three (3) feet in depth. Each Basin shall be constructed in accordance with
design specifications approved by the City. The Permittee or Owner shall
ensure that Sediment is removed on a regular basis in order to maintain a
depth of three (3) feet in depth. The Basin Discharge rate shall also be
sufficiently low as to not cause erosion along the Discharge channel or the
receiving water.
C. For Sites with less than ten (10) acres disturbed at one time, silt fences, or
equivalent Control Measures shall be placed along the side and down slopes
of the Site. If a channel or area of concentrated runoff passes through the
site, silt fences shall be placed along the channel edges to reduce Sediment
reaching the channel.
Erosion Control Systems may be adjusted during dry weather to accommodate short term
activities, such as those that require the passage of very large vehicles. As soon as the
activity is finished and in any event prior to the occurrence of rainfall, the Erosion Control
Systems must be returned to the original configuration.
F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize
the need for maintenance and to provide access for maintenance purposes. All Erosion
Control Systems shall be maintained in a functional condition until Final Stabilization of the
Site and until all Land Alteration, including completion of turf and/or structural surfaces
used to control soil erosion, is complete. Erosion Control Systems shall be removed within
thirty (30) days following Final Stabilization.
H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a
period of six (6) months or more, the Permittee or Owner shall complete Final Stabilization
of the site. For a Certificate of Occupancy issued from April 1 to August 31, ground cover
shall be established within sixty (60) days of the issuance of the Certificate. For a
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DRAFT City Code Chapter 11.55—rev. 0410812015
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Certificate of Occupancy issued between September 1 to March 31, ground cover shall be
established prior to June 1 of the following year.
I. Hours of Operation. No Land Alterations shall be conducted prior to 7:00 o'clock a.m. nor
after 7:00 o'clock p.m. on Monday through Friday, prior to 9:00 o'clock a.m. nor after 7:00
o'clock p.m. on Saturday, nor any time on Sundays or legal holidays. The City may, upon
good cause being shown, vary these days and hours in writing.
J. Protection of Adjoining Structures. No Land Alteration shall occur which may endanger
the use or support of adjoining lands or structures.
K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be
sloped on all sides at a minimum ratio of three horizontal to one vertical (3H:1 V) or greater,
unless a steeper slope is approved in writing by the City.
M. Temporary Fencing. Temporary construction fencing must be installed around the Site, if
necessary, to protect the public or natural resources against injury or damage. All temporary
construction fencing shall be removed within ten (10) days following elimination of
potential injury or damage or issuance of a Certificate of Occupancy, whichever occurs first.
The fencing shall not be used as a permanent installation.
N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty (50)
cubic yards of material shall be stabilized by mulching, vegetative cover, tarps, or other
equivalent Control Measures within fourteen (14) days unless required otherwise in a
federal, state or local permit.
O. Tracking or Spilling. BMPs shall be employed to minimize Sediment from being tracked
or spilled onto public or private roadways. The BMPs may include, but are not limited to,
the following: frequent cleaning of streets adjacent to the construction site,rock construction
entrances, graveled roads, washing stations, and parking areas of sufficient width and length.
Sediment reaching a sidewalk, trail or public or private road shall be removed by street
cleaning with power sweepers (not flushing) before the end of each workday or as otherwise
ordered by the City in writing. Should eroded soils enter, or entrance appears imminent,
into wetland or other water bodies, clean up and repair shall be immediate. The Permittee or
Owner shall be responsible for signage and other protection measure during clean up
operations.
P. Site Dewatering. Water pumped from the Site shall be treated by temporary Sedimentation
basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or
other controls as appropriate. Water may not be Discharged in a manner that causes Erosion
or flooding that creates an adverse impact to the Site, abutting property, receiving channels
or a wetland.
Q. Unsafe Conditions. The Permittee shall repair, change, alter, modify or desist from any
Land Alteration deemed by the City Engineer or his/her designee to be the cause of
unsanitary, dangerous, or polluted conditions harmful to the general welfare of the City.
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R. Waste and Material Collection and Disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials or
hazardous materials) shall be properly contained while on site, properly disposed of off-site,
and not allowed to be carried by water and/or wind off the site or into a receiving channel or
storm sewer system. Waste containers and all construction materials shall not be placed or
stored such that they obstruct, encroach upon, or interfere wholly or in part with any public
right-of-way, including but not limited to, public roadways, trails, sidewalks, parks or other
public properties unless a permit is issued under City Code Section 6.06.
S. Wetlands and Waterways. Stormwater shall not be Discharged directly into any natural
water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not
be drained or filled, wholly or partially, unless a permit to replace by restoring or creating
wetland areas of at least equal public value has been issued by the local governing unit. The
permit and replacement must be in accordance with the Wetlands Conservation Act [MN
Statutes 103G.221 et. Seq. (herein referred to as the WCA)] and City Code Section 11.51.
Subd. 6. Development Plan Stormwater Management Standards and Design Criteria
Development Plans with land disturbance of greater than or equal to one acre, including projects of
less than one acre that are part of a larger common plan of development or sale, shall include
evaluation of the following provisions. The evaluation must be provided with the Land
Development Application. Variances may not be granted by the City for the stormwater
requirements set forth in Subdivision 6.G.
A. Green Infrastructure Analysis. The use of Green Infrastructure techniques and practices
shall be the preferred BMPs for accomplishing compliance with Subd. 6.13. and Subd. 6. C.
The following Green Infrastructure design options or types of features must be considered,
consistent with zoning, subdivision and PUD requirements:
1. Preserving natural vegetation.
2. Preserving and utilizing natural upland swales, depressions and upland storage areas
in the post-development condition to the degree that they can convey, store,
infiltrate, filter or retain Stormwater runoff before Discharge. Preservation requires
that no grading or other Construction Activity occurs in these areas.
3. Minimizing impervious surface.
4. Installing permeable pavement to allow stormwater runoff to filter through surface
voids into an underlying reservoir for temporary storage and/or Infiltration.
5. Utilizing vegetated areas to filter sheet flow, remove Sediment and other Pollutants
and increase time of concentration to slow Discharge or reduce runoff of
Stormwater.
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6. Disconnecting impervious areas by allowing runoff from small impervious areas to
be directed to pervious areas where it can be infiltrated or filtered.
7. Installing a green roof to provide an environment for plant growth for treatment of
stormwater through filtering of suspended solids and pollutants and/or for volume
and rate control as part of the roof system for the building.
8. Using irrigation ponds or systems, cisterns, rain barrels and related BMPs to reuse
Stormwater runoff.
9. Planting of trees for retention and detention of Stormwater runoff as defined in the
Minnesota Stormwater Manual or State of Minnesota Minimal Impact Design
Standards (MIDS).
10. Utilizing a soil amendment or decompaction process after site disturbance.
11. Minimizing parking facility size.
12. Increasing buffers around streams, steep slopes and wetlands to protect from flood
damage and/or provide additional water quality treatment.
Development Plans shall be designed to protect and minimize impacts to natural features
such as wetlands, wooded areas, rare and endangered species habitat, preservation areas
designated by the Hennepin County Biological Survey, Metro greenways, and parkland to
the MEP.
B. Post-Construction Stormwater Management. Development Plans shall include the
following conditions to the MEP.
1. New Development projects must have no net increase from pre-project conditions on
an annual average basis of:
a. Stormwater Discharge Volume
b. Stormwater Discharges of Total Suspended Solids (TSS)
C. Stormwater Discharges of Total Phosphorus (TP)
2. Redevelopment projects must have a net reduction from pre-project conditions on an
annual average basis of:
a. Stormwater Discharge volume
b. Stormwater Discharges of TSS
C. Stormwater Discharges of TP
C. Volume Management. Volume Management Measures for Development Plans shall meet
the following standards:
1. Retain a runoff volume equal to one (1.0) inch times the area of the proposed new
impervious surfaces onsite.
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2. Pretreatment in the form of sump structure, vegetated filter strip, water quality inlet
or other Sediment control method to settle particulates approved by the City shall be
provided for all Infiltration areas.
3. Calculations, modeling and design for and installation of Infiltration BMPs must be
provided.
4. No wetlands or areas below the calculated normal water level of constructed wet
ponds shall be accepted as an Infiltration practice.
D. Stormwater Discharge Volume Prohibitions. The use of Infiltration is prohibited on sites
where the Infiltration BMP will receive Discharges from, or be constructed in, any of the
following areas:
1. Where industrial facilities are not authorized to infiltrate industrial Stormwater under
an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution
Control Agency (MPCA).
2. On Land where vehicle fueling and maintenance currently occur.
3. Where there is less than three (3) feet vertical feet of separation from the bottom of
the Infiltration BMP to the elevation of seasonally saturated soils or the top of
bedrock.
4. Where high levels of contaminants in soil or groundwater will be mobilized by the
infiltrating Stormwater. Documentation regarding type and extent of identified
contaminants identified, such as a Phase II Environmental Site Assessment, must be
provided.
E. Stormwater Discharge Volume Restrictions. The use of Infiltration shall be subject to
review and approval by the City Engineer where the use of Infiltration BMPs are restricted
due to Construction Activity occurring on any of the following sites:
1. Where predominately Hydrologic Soil Group D (clay) soils exist.
2. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. The
city may require the applicant to perform additional appropriate geotechnical
investigations in areas of suspected active karst or shallow bedrock.
3. Where the bottom of the Infiltration basin will be less than 3 feet above the normal
water level of any adjacent wetland.
4. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn.
Rules 4720.5100, subp. 13.
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5. Where soil Infiltration rates exceed 8.3 inches per hour.
6. Within 50 feet of a salt stockpile or storage area.
7. Where vehicle fueling and maintenance previously occurred.
8. Within the Wellhead Management Zone (WMZ) of any City well.
City approval shall be conditioned upon completion of higher engineering review and
submittal of the analysis to the City Engineer in these areas that demonstrate to the
reasonable satisfaction of the City Engineer that the Infiltration BMPs will perform properly
and that groundwater is adequately protected.
F. Stormwater Discharge Volume Exceptions. The use of less Infiltration for volume control
on the Site of the Construction Activity or Land Alteration may be allowed subject to review
and approval in writing by the City where:
1. The Site is precluded from infiltrating Stormwater through a designed system due to
any of the limitations described in Subds. 6.1) or 6.E of this Section.
2. The project is a linear project where the right-of-way precludes the installation of
volume control practices that meet the conditions for post-construction storm water
management Subds. 6.13 or 6.0 of this Section. A reasonable attempt must be made
to obtain right-of-way during the project planning process.
If the City Engineer determines that Infiltration is restricted or prohibited on site, the
Permittee or Owner shall incorporate to the MEP Stormwater treatment alternatives such as
Filtration, evapotranspiration, reuse, harvesting, conservation design, green roofs, or other
similar techniques on the Site to reduce Stormwater Discharge volume. The City may
allow, by an approval in writing, the Permittee or Owner to provide payment to the City in
lieu of the volume reduction upon written approval by the City. The request and any
information and/or calculations required to support the estimated amount of volume
reduction and payment amount must be provided in writing to the City Engineer with the
Application for the Land Alteration Permit.
G. Stormwater Management Mitigation. In circumstances where the Permittee cannot cost
effectively meet the post-construction requirements for Total Suspended Solids (TSS) or
Total Phosphorus (TP) treatment established in Subd. 6.13 in this Section on the Site, the
Permittee must identify locations where mitigation projects will be completed by the
Permittee. The TSS and/or TP not addressed on Site must be addressed through mitigation
approved in writing by the City and, at a minimum, shall ensure the following:
1. Mitigation project areas are selected in the following order of preference:
a. Locations that yield benefits to the same receiving water that Stormwater
runoff drains to from the Construction Activity or Land Alteration.
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DRAFT City Code Chapter 11.55—rev. 0410812015
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b. Locations with the same Department of Natural Resource (DNR) catchment
area as the Construction Activity or Land Alteration.
C. Locations in the next adjacent DNR catchment area up-stream
d. Locations anywhere within the City.
2. Mitigation projects must be approved by the City in writing and may include either:
(i) creation of new Stormwater Facilities, (ii) retrofit of existing Stormwater
Facilities, or (iii) creation or use of a regional Stormwater Facility. Routine
maintenance of Stormwater Facilities already installed cannot be used to meet
mitigation requirements.
3. Completed within 24 months after the start of the Construction Activity or Land
Alteration.
The Permittee shall determine, document and provide the contact information for the Person
who is responsible for long-term maintenance on all mitigation projects. The Person
responsible is subject to approval by the City.
The Permittee may be allowed to provide payment to the City in lieu of the Stormwater
Management mitigation activity upon written approval by the City Engineer. The payment
shall include all costs, including but not limited to the cost of land purchase, analysis,
design, construction, monitoring and maintenance of the mitigation site.
H. Stormwater Facility Design Standards. All storm sewer system components, including
inlets, outlets, catch basins, piping and other structures designed to treat or convey
Stormwater, shall be designed for a minimum 10-year frequency event using currently
accepted rainfall data with the exception of storm sewer systems near critical topographic
features such as steep slopes and bluffs which shall be designed for a 100-year frequency
event with a designated overland emergency overflow (EOF). Green Infrastructure required
by the City or other regulatory agency may be considered for reductions in storm sewer
design requirements if pre-approved in writing by the City Engineer.
L NURP Design Criteria. If Stormwater Facilities are required by the City to meet the
requirements of Subd. 6.13 and 6.C, the Stormwater Facilities may include a Stormwater
pond which shall be based on NURP Design Criteria. Proposals to provide an alternative to
the NURP Design Criteria may be considered but must be approved in writing by the City
Engineer. The NURP pond shall be designed by a Professional Engineer licensed in
Minnesota (PE). The following NURP Design Criteria must be incorporated into the
design submitted for review.
1. A permanent pond surface equal to 2% of the impervious area draining to the pond
or 1% of the entire area draining to the pond, whichever amount is greater.
2. An average permanent pool depth of four(4) to ten (10) feet.
3. A recommended permanent pool length to width ratio of 3:1 or greater.
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DRAFT City Code Chapter 11.55—rev. 0410812015
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4. A minimum protective shelf extending ten (10) feet into the permanent pool with a
slope of 10:1, beyond which slopes shall not exceed 31-1:1V.
5. All Stormwater Facilities shall have a device to keep oil, grease, and other water
borne material from moving downstream as a result of normal operations.
Subd. 7. Inspections, Monitoring and Maintenance.
A. Inspections. Inspections of the Site and Stormwater Facility to determine compliance with
the requirements of this Section are the responsibility of the Permittee and/or Owner. Sites
which require a NPDES Permit or are greater than 1.0 acre in size must have inspections
completed by a Certified Professional in Erosion & Sediment Control (CPESC) or a
Professional Engineer licensed in Minnesota (PE). Inspection results and maintenance
activity reports must be completed and submitted in writing to the City for a minimum of
two (2) years following completion of construction and final acceptance by the City.
B. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the
Site and Stormwater Facilities as often as may be necessary to determine compliance with
this Section and shall be entitled to examine and copy records, wherever they may be kept
that must be maintained pursuant to the Permit or local, state or federal law.
C. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access
to a Site or Stormwater Facility subject to inspection shall be promptly removed by the
Permittee or Owner at the request of the City and shall not be replaced.
D. Monitoring and Testing of Stormwater Discharge and Stormwater Facilities. To assure
that the Land Alteration is being conducted in accordance with the conditions stated on the
Permit, the City may order, at the expense of the Permittee or Owner, monitoring of the
Stormwater Discharge and/or Stormwater Facility, including those field measurements or
testing the City deems necessary to assure that the conditions and requirements of the Permit
are being followed. If the monitoring is not completed, the City shall have the right to set up
on any Site such devices as are necessary in the opinion of the City to conduct monitoring,
testing and/or sampling of the Stormwater and/or Stormwater Facility.
E. Inspections and Maintenance during Land Alteration Activities. During the Land
Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System
bi-weekly and immediately after each rainfall event of 0.5 inches or more. Any Erosion or
breach in an Erosion Control System must be corrected within 48 hours of identifying the
Erosion or breach. Correction may include, but is not limited to: rehabilitation of an
Infiltration practice; removal of silt, litter and other debris from catch basins, inlets and
drainage pipes; removal of noxious or invasive weed species; and/or replacement of
landscape vegetation. Inspections shall include, but are not limited to: reviewing
maintenance and repair records; sampling discharges, surface water, groundwater, and
material or water in drainage control facilities; and evaluating the condition of Erosion
Control Systems and other Stormwater Facilities. Documentation for each inspection must
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DRAFT City Code Chapter 11.55—rev. 0410812015
Page 18 of 25
be provided to the City in a format approved by the City within 48 hours of the inspection.
F. Post Activity Inspections. All Stormwater Facilities must undergo, at a minimum, one
inspection annually for two (2) years after completion and final acceptance of the
construction. After two annual inspections are approved by the City in writing, all
Stormwater Facilities must undergo, at a minimum, one inspection every five (5) years to
document maintenance and repair needs and ensure compliance with the requirements of
this Section and all federal, state and local regulations. An inspection report for each
inspection shall be filed with the City within 48 hours of the inspection. The inspection
frequency may be increased as deemed necessary by the City to ensure proper functioning of
the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater
Facilities which are not subject to an easement or maintenance agreement in favor of the
City, Watershed District or other federal, state or local agency.
G. As-Built Surveys. An as-built survey of every Stormwater Facility must be provided to the
City within one year of final completion of Construction Activity or Land Alteration.
H. Post Activity Stormwater Facility Maintenance. Owners of Land which includes a
Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of
the Stormwater Facility over time. Maintenance shall include: restoration or replacement of
Stormwater Facilities' function; removal of silt, litter and other debris from catch basins,
inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of
landscape vegetation if needed. All required maintenance shall be addressed in a timely
manner, as determined by the City. The maintenance requirement may be increased as
deemed necessary by the City to ensure proper functioning of the Stormwater Facility over
time. The requirements of this paragraph pertain only to Stormwater Facilities which are not
subject to an easement or maintenance agreement in favor of the City or Watershed District
or other federal, state or local agency.
The City may perform maintenance on any private Stormwater Facility which presents or
may present imminent and substantial danger to the environment, to the health or welfare of
persons, or to the storm sewer system or surface waters. The Owner of the private system
shall be responsible for any costs and charges that are associated with this work.
I. Stormwater Facility Easement. When any new Stormwater Facility is installed on private
property where it receives drainage from a public Stormwater system, the property owner
shall grant to the City an easement in recordable form granting the City the right, but not the
obligation, to maintain, reconstruct, repair and inspect the Stormwater Facility. The
easement shall be received by the City prior to completion of the construction of the
Stormwater Facility and shall include the right to enter onto the Site to gain access to the
Stormwater Facility.
J. Failure to Maintain Practices. If a Permittee fails or refuses to meet any of the
requirements of this Section, the City, after notice, may inspect the Stormwater Facility to
determine if maintenance is required to ensure compliance with this Section and/or correct
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DRAFT City Code Chapter 11.55—rev. 0410812015
Page 19 of 25
any violations by performing all necessary work to place the Site in compliance with this
Section. If the City identifies violations of this Section as a result of the inspection, the City
shall notify the Permittee of the violation and a time by which the violations must be
corrected. The notice shall further advise that, should the Permittee fail to correct the
violation by the stated date, the City will cause the violation to be corrected and the expense
thereof shall be charged to the Permittee or Owner. Each violation of this Section are
deemed and declared a public health and safety hazard and a public nuisance. Building
inspections may be withheld until the violation is abated or corrected. The City may also
issue a stop-work order on any activities that violate the terms of this Section.
If payment is not made within thirty (30) days after costs are incurred by the City, payment
will be withdrawn from the Permittee's Financial Security required by this Section. If there
is an insufficient amount in the Financial Security to cover the costs incurred by the City or
if there is no Financial Security, then the City may assess the Land for the cost of repair
work and any penalties and the amount assessed shall be a lien on the Land and may be
certified to the County Auditor to be placed on the tax statement and collected in the same
manner as ordinary taxes by the county.
Subd. 8. Land Alteration Permit Application Requirements.
A. A person seeking a Land Alteration Permit shall make application to the City on a form
provided by the City and must include information that exhibits compliance with City Code
Section 11.55 and other federal, state and local permit requirements, including the State of
Minnesota issued NPDES/SDS General Permit to Discharge Stormwater Associated with
Construction Activity or Land Alteration, as applicable.
B. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the
need for maintenance, to provide access for maintenance purposes and to be structurally
sound. Prior to issuance of the Permit, the Applicant shall obtain necessary easements or
other property interests to allow access to the Stormwater Facilities for inspection and
maintenance. A copy of the easements and/or property interests must be provided with the
Application.
C. Land Alteration / Plan Review Permit Fee. A Land Alteration / Plan Review Fee in an
amount set forth in the City Fee Schedule must be paid at the time of submitting an
Application to the City. In the event the Land Alteration Permit application is denied, 50%
of the Permit Fee shall be returned to the Applicant.
D. Site construction and/or site grading plans. All plans provided shall be at the same scale.
The minimum scale shall be one inch equals 50 feet. All plans must be signed by a
Professional Engineer licensed in Minnesota (PE) who must verify that the design of all
Stormwater Facilities and Erosion Control Systems meet the requirements contained in this
Section. The following plans must be included with the application:
1. A topographic map of the Site as it exists prior to the proposed Land Alteration
showing ground elevation contours at two-foot intervals. The map shall include a
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DRAFT City Code Chapter 11.55—rev. 0410812015
Page 20 of 25
minimum of 250 feet of land abutting the Site on all sides that is sufficient to show
on- and off-site drainage.
2. A topographic map of the Site (grading plan) showing the existing and proposed
ground elevation contours at two-foot intervals.
3. Locations and dimensions of all proposed Land Alterations and site features before
and after Land Alteration.
4. The Emergency Over Flow (EOF) location and elevation for each Stormwater
Facility.
5. The location and size of existing and proposed building pads.
6. Locations and dimensions of all temporary or interim soil or dirt stockpiles.
7. Location, dimensions and plans of all temporary, interim and final Stormwater
Facilities and Erosion Control Systems necessary to meet the requirements of this
Section.
8. Methods that will be used to stabilize the site during and after construction, including
types, time frames and schedules.
9. A restoration plan for areas disturbed by the Land Alteration, including Final
Stabilization measures.
E. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided with the
application that describes the control and management of the flow of Stormwater and
associated water quality impacts resulting from the development. A copy of the completed
NPDES/SDS Construction Stormwater General Permit for the Site if required by the
Minnesota Pollution Control Agency (MPCA) must be provided with the SWPPP.
F. Stormwater Treatment Calculations. Stormwater treatment calculations used to
determine compliance with Subds. 6 or 8 of this Section and any federal, state or local
regulatory requirements or permits shall be provided with the application.
G. Runoff Management Plan (RMP). If the proposed project is in the Lower Minnesota
River Watershed District (LMRWD) a Runoff Management Plan (RMP) must be developed
by the Applicant for management of Stormwater runoff in accordance with LMRWD
requirements. A copy of the RMP, if required, must be provided with the application.
Subd. 9. Permit Application Review and Approval.
A. Issuance or Denial. The City Engineer or his/her designee shall review an application for a
Land Alteration Permit to determine its conformance with the provisions of this Section.
Consistent with Minn. Stat. 15.99, the City Engineer or his/her designee shall in writing
Land Alteration, Tree Preservation and Stormwater Management Regulations
DRAFT City Code Chapter 11.55—rev. 0410812015
Page 21 of 25
either approve or deny issuance of a Permit or recommend that the application be forwarded
to the City Council for review and denial or approval. Prior to release of the Land
Alteration Permit, the Applicant shall provide written copies of all required federal, state and
local permit approvals.
B. Conditions. Approval, denial, or approval subject to conditions of a Land Alteration Permit
shall be based upon the following factors:
1. Whether, and the extent to which, the Land Alteration may create or exacerbate a
safety risk to surrounding persons, the public or property.
2. Whether, and the extent to which, the Land Alteration may cause undue harm to the
environment including, but not limited to, noise, dust, Erosion, undue destruction of
vegetation, and accumulation of waste materials and Pollutants.
3. Whether the physical characteristics of the Site, including but not limited to
topography, vegetation, susceptibility to Erosion or siltation, susceptibility to
flooding, water storage or retention, are such that the Site is not suitable for Land
Alteration or the use proposed.
4. Whether adequate plans have been made for restoring and/or stabilizing the Site
upon completion of the Land Alteration.
5. Whether there is a substantial likelihood that the Applicant will be able to comply
with the rules and regulations of this Section, other applicable Sections of the City
Code, and all applicable state, federal and local regulations.
6. Whether the Site proposed for the Land Alteration is zoned for the proposed use.
7. If the City accepts maintenance of the Stormwater Facility, the City may require
conveyance to the City or other public entity certain lands or interests therein.
A Land Alteration Permit may be approved subject to conditions which limit the size; kind
or character of the proposed Land Alteration; require the construction of Stormwater
Facilities; require replacement of vegetation; establish monitoring procedures; require
staging the work over time; and/or require buffering.
C. Modifications. A Permittee may submit to the City a written request for modification of a
Permit. The City Engineer or his/her designee shall review the request and in writing either
approve or deny the request or recommend that the request be forwarded to the City Council
for review and denial or approval. The City may require additional reports and data from
the Permittee.
D. Expiration. All Land Alteration Permits shall expire 24 months after issuance unless
otherwise provided on the Permit.
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DRAFT City Code Chapter 11.55—rev. 0410812015
Page 22 of 25
Subd. 10. Suspension or Revocation of Permit.
The City may suspend or revoke a Permit as follows:
A. Suspension. If the City determines any of the following: (i) the Permit was issued in error
or on the basis of incorrect information; or (ii) the Permit or work are in violation of any
provision of this Section or any federal, state or local regulation, the City may suspend the
Permit and issue a stop work order and the Permittee shall cease all work on the Site except
for work necessary to remedy the cause of the suspension. The Permittee may request
reinstatement of a suspended Permit upon correction of the causes for suspension. If the
conditions of the Permit have been complied with in full, the City shall reinstate the Permit.
B. Revocation. If the Permittee refuses or fails to cease work after the suspension or refuses or
fails to correct the causes for suspension within the time period provided in the stop work
order, the City may revoke the Permit.
Subd. 11. Financial Security.
Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security
may take the form of: (i) a performance bond in a form acceptable to the City; (ii)an irrevocable
letter of credit issued by a financial institution and in a form acceptable to the City; or (iii) cash in
United States currency. The performance bond, letter of credit, or an agreement relating to the
deposit of cash with the City shall provide that the City may make a claim against, draw on or
withdraw from the financial security as appropriate in order to complete the performance of
Applicant's obligations pursuant to the terms of the Permit and this Section, including but not
limited to, the Applicant's obligations imposed pursuant to the Permit and this Section and
indemnification of the City against any loss, cost or expense, including an amount as and for
reasonable attorney's fees incurred in enforcing the obligations of Applicant pursuant to the Permit
or this Section.
A. Land Alteration Permit Financial Security. The Financial Surety for a Land Alteration
Permit shall be in an amount of 125 percent (125%) of the cost estimate of the work to be
done as stated in the application for a Land Alteration Permit and as approved by the City
Engineer or his/her designee.
B. Tree Replacement Financial Security. In addition, if trees are required to be replaced
pursuant to this Section an additional Financial Security shall be provided in the amount of
150 percent (150%) of the estimated cost to furnish and plant the Replacement Trees as
approved by the City Forester or his/her designee. The estimated cost shall be at least as
much as the reasonable amount charged by nurseries for the furnishing and planting of the
Replacement Trees.
In the event the estimated cost submitted by the Applicant to the City is not approved, the
City Engineer or his/her designee shall have the right in his/her sole discretion to determine
the estimated cost for purposes of the Financial Surety.
Land Alteration, Tree Preservation and Stormwater Management Regulations
DRAFT City Code Chapter 11.55—rev. 0410812015
Page 23 of 25
Subd. 12. Action Against Financial Security.
The City may make a claim against, draw on or withdraw from the appropriate Financial Security in
the event of a violation of the terms of the Permit, including but not limited to the following:
A. The Permittee ceases performing the Land Alteration for a period of thirty (30) days or more
prior to completion of the Land Alteration.
B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its
Land Alteration Permit revoked.
C. The techniques outlined in the Land Alteration Permit fail within one year of installation or
before Final Stabilization is achieved for the Site or portion of the Site, whichever comes
later.
D. The City determines that action by the City is necessary to prevent excessive Erosion from
occurring on the Site, or to prevent Sediment from occurring on adjacent or nearby
properties.
E. The Permittee ceases working on the Tree Replacement Plan for a period of thirty (30) days
or more.
The City may make a claim against, draw on or withdraw from the Financial Security in whole or in
part, for all direct and indirect costs incurred in doing the remedial work undertaken by the City, its
employees, consultants and/or contractors.
Subd. 13. Release of Financial Security.
Any remaining Financial Security shall be released to the Person who deposited the Financial
Security upon determination by the City that the requirements of this Chapter and the conditions of
the Land Alteration Permit and/or Tree Replacement Plan have been satisfactorily performed. No
portion of the Financial Security shall be released while there are unsatisfied obligations of the
Permittee, including the obligation to indemnify the City for any expenses incurred in enforcing the
terms of the Permit or this Section.
When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the City
may reduce the total required amount of the Financial Security, if approved by the City Engineer.
A portion, in an amount determined by the City Engineer taking into consideration the percentage
of completion of project and the estimated cost to complete the project, of the Financial Security
shall be retained to secure the Permittee's or Owner's obligation to remove and replant
Replacement Trees which are dead, unhealthy or missing as provided for in this Section.
Subd. 14. Adopted by Reference.
Land Alteration, Tree Preservation and Stormwater Management Regulations
DRAFT City Code Chapter 11.55—rev. 0410812015
Page 24 of 25
The Minnesota Pollution Control Agency's (MPCA's) publications entitled: "Protecting Water
Quality in Urban Areas" dated 2000, which is currently located at the web site address
of www.pca.state.mn.us/index.php/water/water-types-and-proizrams/stonnwater/stormwater-
management/stormwater-best-mana_e�practices-manual.html and "Minnesota Stormwater
Manual", which is currently located at the web site address
of stormwater.pca.state.mn.us/index.php/Main Page are hereby adopted and incorporated by
reference..
Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation" and Section 11.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
and finally read and adopted and ordered published at a regular meeting of the City Council of said
City on the.
Land Alteration, Tree Preservation and Stormwater Management Regulations
DRAFT City Code Chapter 11.55—rev. 0410812015
Page 25 of 25
PROJECT PROFILE - APRIL 13, 2015
PLANNING COMMISSION - APRIL 13, 2015
1. CODE AMENDMENT STORMWATER
Public hearing to amend City Code Chapter 11, Section 11.55 relating to stormwater.
Contact: Leslie Stovring, 952-949-8327
Application Info Planning Commission City Council
Date Submitted Notice to Paper Date 03/05/15 Notice to Paper Date
Date Complete Resident Notice Date N/A Resident Notice Date
120 Day Deadline Meeting Date 03/23/15 ls`Meeting Date
Initial DRC review 1 2nd Meeting Date
2. CROSSROADS CENTER (2014-18)by Tim Cashin. (JULIE)
Proposal for facade and landscape improvements.
Location: 7731 Flying Cloud Drive
Contact: Tim Cashin, 952-212-5004
Request for:
• Planned Unit Development Concept Review on 2.9 acres
• Planned Unit Development District Review with waivers on 2.9 acres
• Zoning District Amendment within the Commercial-Regional-Services District on
2.9 acres
• Site Plan Review on 2.9 acres
Application Info Planning Commission City Council
Date Submitted 11/21/14 Notice to Paper Date Notice to Paper Date
Date Complete 1/14/15 Resident Notice Date Resident Notice Date
120 Day Deadline 7/12/15 Meeting Date ls`Meeting Date
Initial DRC review 12/4/14 2nd Meeting Date
1
3. VARIANCE#2015-01 by Lariat Companies, Inc. (TANIA)
Location: 8345-8353 Crystal View Road
Contact: Kelly Adams 952-955-7849
Request to:
• Transfer exterior wall sign to a location other than their exterior wall area.
Application Info Planning Commission City Council
Date Submitted 02/26/15 Notice to Paper Date Notice to Paper Date n/a
Date Complete 03/20/15 Resident Notice Date Resident Notice Date n/a
120 Day 07/18/2015 Meeting Date 1s`Meeting Date n/a
Deadline 2nd Meeting Date n/a
Initial DRC
review
CONSERVATION COMMISSION - APRIL 14, 2015
HERITAGE PRESERVATION COMMISSION - APRIL 20, 2015
CITY COUNCIL PUBLIC HEARING - APRIL 21, 2015
1. CODE AMENDMENT RELATING TO FENCE HEIGHT
Public hearing to amend City Code Chapter 11, Section 1.03,Subd 3 relating to the height offences.
Contact: Julie Klima, 952-949-8489
Application Info Planning Commission City Council
Date Submitted Notice to Paper Date 03/05/15 Notice to Paper Date
Date Complete Resident Notice Date N/A Resident Notice Date
120 Day Deadline Meeting Date 03/23/15 ls`Meeting Date
Initial DRC review 2nd Meeting Date
2. CODE AMENDMENT TO ADDRESS MEDICAL CANNABIS DISPENSARY
Public hearing to amend City Code Chapter 11,Sections 11.20 and 11.30, adding Subd 4
Contact: Julie Klima, 952-949-8489
Application Info Planning Commission City Council
Date Submitted N/A Notice to Paper Date 03/05/15 Notice to Paper Date
Date Complete N/A Resident Notice Date N/A Resident Notice Date
120 Day Deadline N/A Meeting Date 03/23/15 ls`Meeting Date
Initial DRC review 2nd Meeting Date
2
CITY COUNCIL CONSENT - APRIL 21, 2015
1. WAGNER PROPERTY (2014-19) by Pemtom Land Company. (STEVE/JULIE)
Proposal for a 12- lot single family development.
Location: 10841 & 10861 Blossom Rd.
Contact: Dan Blake, 952-937-0716
Request for:
• Planned Unit Development Concept Review on 6.5 acres
• Planned Unit Development District Review with waivers on 6.5 acres
• Zoning District Change from R1-22 R1-13.5 on 6.5 acres
• Preliminary Plat of 6.5 acres into 12 lots and right of way
Application Info Planning Commission City Council
Date Submitted 12-19-14 Notice to Paper Date 02/04/15 Notice to Paper Date 03/11/15
Date Complete 02-05-15 Resident Notice Date 02/06/15 Resident Notice Date 03/12/15
120 Day Deadline 05-13-15 Meeting Date 02/23/15 ls`Meeting Date 03/31/15
Initial DRC review 2nd Meeting Date
2. File#2014-20TM by Verizon (c/o —Justin Holt—Jacob,) —Contact—Justin Holt
952.831.1043 0102 office, 773.454.9428 mobile
(Approved 00-00-14) Review time? Days
Request: Small Cell Site (Project Installation of smaller antennas and associated equipment on City
Center Roof to improve Public Safety Communications) — Incomplete as of 10-07-14
Location: 8080 Mitchell Road, Eden Prairie, MN
Application Info (2014-20TM) Planning Commission City Council
Date Submitted 10-07-14 Notice to Paper Date N/A otice to Paper Date N/A
Date Complete 00-00-14 Resident Notice Date N/A esident Notice Date N/A
120 Day Deadline 00-00-15 Meeting Date N/A tst Meeting Date 03-03-15
Initial DRC review 00-00-14 2nd Meeting Date N/A
3
PLANNING COMMISSION - APRIL 27, 2015
1. EDEN PRAIRIE PLAZA (SALON CONCEPTS) (2015-03) by SCEPRE, LLC. (TANIA)
Proposal for adding 60 additional parking spaces
Location: 8040 Glen Lane
Contact: Brent Van Lieu, 513-200-4261
Request for:
• Planned Unit Development District Review on 3.03 acres
• Zoning District Review on 3.03 acres
• Site Plan Review on 3.03 acres
Application Info Planning Commission City Council
Date Submitted 01/16/15 Notice to Paper Date Notice to Paper Date
Date Complete 03/02/2015 Resident Notice Date Resident Notice Date
120 Day 06/30/2015 Meeting Date 1s`Meeting Date
Deadline 2nd Meeting Date
Initial DRC
review
IN BUT NOT SCHEDULED
1. HAMPTON INN HOTEL (2014-20)by Michael Monn Architects. (REGINA)
Proposal for facade improvements and 2,800 square foot building addition.
Location: 7740 Flying Cloud Drive
Contact: Mike Monn, 612-247-5406
Request for:
• Planned Unit Development with waivers on 3.19 acres
• Zoning District Amendment on 3.19 acres
• Site Plan Review on 3.19 acres
Application Info Planning Commission City Council
Date Submitted 12/19/14 Notice to Paper Date Notice to Paper Date
Date Complete Resident Notice Date Resident Notice Date
120 Day Deadline Meeting Date 1s`Meeting Date
Initial DRC review 2nd Meeting Date
4
2. KIRTLAND/OSTER HOME (2015-02) by Lisanne Oster. (REGINA)
Proposal for combining two existing parcels into one on Riley Lake to construct one single
family home.
Location: 9010 Riley Lake Road
Contact: Lisanne Oster, 952-432-8409
Request for:
• Zoning District Review on 1.28 acres
• Preliminary Plat on 1.28 acres
Application Info Planning Commission City Council
Date Submitted 01/09/15 Notice to Paper Date Notice to Paper Date
Date Complete Resident Notice Date Resident Notice Date
120 Day Deadline Meeting Date 1s`Meeting Date
Initial DRC review 2nd Meeting Date
3. ARBY'S (2015-05) by ArcVision, Inc. (REGINA)
Proposal for exterior facade remodel
Location: 560 Prairie Center Drive
Contact: Tammy Korte, 314-415-2400
Request for:
• Site Plan Review on 1.14 acres
Application Info Planning Commission City Council
Date Submitted 03/27/15 Notice to Paper Date Notice to Paper Date
Date Complete 00/00/2015 Resident Notice Date Resident Notice Date
120 Day 00/00/2015 Meeting Date 1s`Meeting Date
Deadline 2nd Meeting Date
Initial DRC
review
5
APPROVED VARIANCES
TELECOMMUNICATION PROJECTS
1. File#2014-18TM by Verizon (c/o—Justin Holt—Jacob,) —Contact—Justin Holt 952.831.1043
0102 office, 773.454.9428 mobile
(Approved 00-00-14) Review time? Days
Request: Small Cell Site (Pilot Project Installation of smaller antennas and associated equipment
on Utility poles, traffic lights etc. in right of way.) —Incomplete as of 00-00-14
Location: Right of Way—Pioneer Trail between Homeward Hills Road and Hwy#169
Application Info (2014-19TM) Planning Commission City Council
Date Submitted 00-00-14 Notice to Paper Date N/A otice to Paper Date N/A
Date Complete 00-00-14 Resident Notice Date N/A esident Notice Date N/A
120 Day Deadline 00-00-15 Meeting Date N.A I 51 Meeting Date N/A
Initial DRC review 2nd Meeting Date N/A
Complete Letter 00-00-15
due
2. File#2015-06L Lease by Verizon (c/o—Mandy Brady - Jacobs) —Contact Mandy Brady Office#
651-225-0784, mobile#612-366-8944
(Approved 00-00-15) Review time ?? Days. Incomplete as of 03-09-15
Location: 6341 Baker Road, Eden Prairie, Minnesota
Request: Re-establishment of Lease. Property zoned C-Comm. Planner: (STEVE/TANIA)
Application Info (2015-06L)
Date Submitted 03-19-15 Notice to Paper Date N/A otice to Paper Date N/A
Date Complete 00-00-15 Resident Notice Date N/A esident Notice Date N/A
90 Day Deadline 06-07-15 Meeting Date N.A t t Meeting Date 00-00-15
Initial DRC review 00-00-15 2nd Meeting Date N/A
Complete Letter 03-27-15
Due
6
3. File#2015-07 by Verizon (c/o—Buell Consultants) —Contact Diane Wood Office#301-694-4739
(Approved 00-00-15) Review time ?? Days. Incomplete as of 00-00-15
Location: 9210 Flying Cloud Drive, Eden Prairie, Minnesota
Request: Antenna Replacement(12). Property zoned Rural. Planner: (TANIA)
Application Info (2015-07)
Date Submitted 04-03-15 Notice to Paper Date N/A otice to Paper Date 9N/A
Date Complete 00-00-15 Resident Notice Date N/A esident Notice Date
90 Day Deadline 06-07-15 Meeting Date N.A 51 Meeting Date Initial DRC review 04-09-15 2nd Meeting Date
Complete Letter 03-27-15
Due
7