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Planning Commission - 07/27/2015
AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, July 27, 2015, 7:00 P.M. PLANNING COMMISSION John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann MEMBERS: Higgins, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources I. PLEDGE OF ALLEGIANCE -- ROLL CALL II. APPROVAL OF AGENDA III. MINUTES A. Approval of the Minutes for the July 13, 2015 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. VARIANCE #2015-06 by Eden Prairie Development LLC Location: 14301 Martin Drive Request to: • Permit a free-standing sign zero feet from the property line of a public right of way. City Code requires a ten foot setback in the multi -family residential zoning districts. B. VARIANCE #2015-07 by Foundation Chiropractic, LLC Location: 6409 City West Parkway Request to: • Permit a tenant to have a wall sign in a location that is not on the exterior wall space the tenant occupies. City Code requires wall signs on a multi -tenant building in the commercial zoning district to be placed on the exterior wall space where the tenant occupies. C. VARIANCE #2015-08 by Patrick & Merritt Steidl Location: 7381 Moonlight Lane Request to: • Permit a deck to be setback ten feet from the rear property line. City Code requires a twenty foot rear yard setback in the R1-9.5 zoning district. D. WAND CORPORATION by Wand Corporation Location: 7575 Corporate Way Request for: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park zoning district on 2.88 acres E. CITY CODE AMENDMENT — ESTABLISH A TRANIT ORIENTED DEVELOPMENT (TOD) ZONING DISTRICT by City of Eden Prairie (Continued Item) Request to • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulations for that zoning district. VII. PLANNERS' REPORT VIII. MEMBERS' REPORTS A. CITIZEN ADVISORY COMMITTEE — LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT TO: FROM: RE: ANNOTATED AGENDA Planning Commission Members Julie Klima, City Planner Planning Commission Meeting for Monday, July 27, 2015 MONDAY, July 27, 2015 IN VI. CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE- ROLL CALL APPROVAL OF AGENDA MOTION: Move to approve the agenda. APPROVAL OF MINUTES 7:00 PM, COUNCIL CHAMBERS MOTION: Move to approve the following Planning Commission minutes: A. PLANNING COMMISSION MEETING HELD MONDAY, JULY 13, 2015 INFORMATIONAL MEETINGS PUBLIC MEETINGS VII. PUBLIC HEARINGS A. VARIANCE #2015-06 by Eden Prairie Development LLC Location: 14301 Martin Drive Request to: • Permit a free-standing sign zero feet from the property line of a public right of way. City Code requires a ten foot setback in the multi -family residential zoning districts. Martin Blu is a High Density residential apartment development currently under construction. The project is a five (5) story building containing192 apartment units on 3.10 acres. The building site has characteristics that support the Guide Plan goal of high density multiple family developments located near commercial uses and transit facilities. The property owner is requesting to build a sign at the intersection of Mitchell Road and Martin Drive zero (0') from the right of way line. City Code requires a 10' setback from the Street right-of-way line. The request to move the sign closer to the lot line is two -fold. • Utility lines and a large drainage and utility easement exist between the right of way line and the building which limits the location of the sign. • The terrain/topography slopes away from the Mitchell Road putting the sign at a lower level than the grade of Mitchell Road. ANNOTATED AGENDA July 27, 2015 Page 2 The request is reasonable in that the zero foot (0') sign setback is reasonable and not in direct conflict with the harmony of the surrounding neighborhood, is consistent with the intent of the Guide Plan and is created by unique circumstances of the property. Staff recommends approval. MOTION 1: Move to recommend a continuance to the August 10, 2015 meeting. •2 MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Final Order #2015-06 based on Exhibit B plans stamp dated July 27, 2015 and the information included in staff report dated July 24, 2015. •0 MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of the Final Order #2015-06 based on Exhibit B plans stamp dated July 27, 2015 and the information included in staff report dated July 24, 2015. B. VARIANCE #2015-07 by Foundation Chiropractic, LLC Location: 6409 City West Parkway Request to: • Permit a tenant to have a wall sign in a location that is not on the exterior wall space the tenant occupies. City Code requires wall signs on a multi - tenant building in the commercial zoning district to be placed on the exterior wall space where the tenant occupies. This application was withdrawn on July 22, 2015. MOTION 1: Move to close the public hearing. ANNOTATED AGENDA July 27, 2015 Page 3 C. VARIANCE #2015-08 by Patrick & Merritt Steidl Location: 7381 Moonlight Lane Request to: • Permit a deck with a rear yard setback of 10 feet. City Code requires a 20 foot minimum rear yard setback in the R1-9.5 zoning district. The property owner is requesting a rear yard setback variance to construct a deck. The property was constructed in 1996 and a deck was never constructed on the property. The property has a sliding glass door in the rear of the property and outside of the doors there is a six foot drop to the ground. Due to the angle of the house on the property, building a functional deck within the required setback would be difficult. A portion of the proposed deck, approximately 50%, encroaches within the required 20 foot rear yard setback. There is a berm and deciduous trees in the rear of the property that would screen the deck from view of the walkingibike path that is adjacent to the property in the rear. Staff recommends approval. MOTION 1: Move to recommend a continuance to the August 10, 2015 meeting. •2 MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Final Order #2015-08 based on plans stamp dated June 25, 2015 and the information included in staff report dated July 24, 2015. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial of the Final Order #2015-08 based on plans stamp dated June 25, 2015 and the information included in staff report dated July 24, 2015. D. WAND CORPORATION by Wand Corporation Location: 7575 Corporate Way Request for: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park zoning district on 2.88 acres ANNOTATED AGENDA July 27, 2015 Page 4 WAND Corporation currently has its headquarters at the building at 7605 Corporate Way. WAND is proposing to retain the 7605 Corporate Way facility for warehouse purposes and move its headquarters to 7575 Corporate Way. The applicant is requesting a Planned Unit Development Waiver to allow the building at 7575 Corporate Way to be used as 100% office. There are currently 85 parking spaces on the site. City Code requires 119 parking spaces for 100% office use at the 7575 Corporate Way building. WAND Corporation has provided a "proof of parking plan" for the site. WAND Corporation has indicated they do not need more than 85 parking spaces for their business plan. Due to the industrial nature of the area, parking concerns on Corporate Way, site constraints, and parking needs for WAND, staff recommends approval of the PUD waiver for 100% office use, provided the waiver is granted to WAND Corporation, as the building occupant. The waiver would be transferrable to future user(s) provided that the future user(s) can demonstrate that the site meeting their parking needs with the amount of parking on site at the time of transfer. A portion of a property is within a shoreland area, which has a maximum of 30% impervious surface. The property currently exceeds this percentage; therefore a PUD waiver is being requested to exceed the 30% impervious surface. Staff recommends approval of the application subject to the conditions in the staff report dated July 24, 2015. MOTION 1: Move to recommend a continuance to the August 10, 2015 meeting. •2 MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Planned Unit Development District Review with waivers on 2.88 acres and Zoning District Amendment within the 1-2 Zoning District on 2.88 acres based on plans stamp dated July 7, 2015 and the information included in staff report dated July 24, 2015. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend denial Planned Unit Development District Review with waivers on 2.88 acres and Zoning District Amendment within the 1-2 Zoning District on 2.88 acres based on plans stamp dated July 7, 2015 and the information included in staff report dated July 24, 2015. ANNOTATED AGENDA July 27, 2015 Page 5 E. CITY CODE AMENDMENT — ESTABLISH A TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING DISTRICT by City of Eden Prairie (Continued Item) Request to: • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulations for that zoning district This is a continued item from the July 13, 2015 Planning Commission meeting. Through discussion of the proposed ordinance with the Planning Commission, City staff, and other stakeholders a revised draft of the TOD Ordinance was prepared. A redlined draft of the proposed TOD ordinance reflecting the changes is included in the Planning Commission Packet. Details regarding the proposed changes are also provided in the staff report in a table format for the Commission's reference. Additional feedback from stakeholders could occur during the public hearing process. All feedback will be reviewed and evaluated for possible incorporation into the proposed ordinance throughout the public review process. The Commission is asked to recommend approval of the proposed TOD ordinance to the City Council. Staff recommends approval of the TOD ordinance. MOTION 1: Move to recommend a continuance to the August 10, 2015 meeting. m MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of the Amendment to City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulations for that zoning district based on the information included in staff report dated July 24, 2015. VIII. PLANNERS' REPORT IX. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT ANNOTATED AGENDA July 27, 2015 Page 6 X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 13, 2015 COMMISSION MEMBERS: 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Regina Dean, Senior Planner Rod Rue, City Engineer Janet Jeremiah, Community Development Director Julie Krull, Recording Secretary PLEDGE OF ALLEGIANCE — ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Pieper and Weber were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Farr, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 22, 2015 Farr had a change on page 5, Hearing C, paragraph 4. Farr would like to change the word transformer to connection cabinet. MOTION by Higgins, seconded by Kirk, to approve the minutes. Motion carried 4-0. Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. COMFORT INN Eden Prairie by Michael Morin Architects Location: 7740 Flying Cloud Drive Request for: 9 Site Plan Review on 3.20 acres Eden Prairie Planning Commission Minutes July 13, 2015 Page 2 Michael Monn, architect for the project, presented the proposal. He said they would like to rebrand this hotel as the Comfort Inn. They are looking at four areas which would be; removal of the existing mansard panel around the building, update the color scheme to the current brand standard, the addition of cornices at the roof line and lastly to update the Porte Cochere to match the revised building finishes. The only concern may be taking off the mansard and what could be behind it. Most of the updates will be inside. Chair Stoltz asked Dean to review the staff report. Dean said staff recommendation is for approval based on the stipulations on page 2 of the staff report. Chair Stoltz opened the meeting up for public input. There was no input. Mr. Monn commented that they do not have any issues with putting in the bike rack, but would like to know the intent of this and what would work best. Dean said it would be for employee use. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Wuttke, to recommend approval of the Site Plan Review on 3.20 acres with conditions based on plans stamp dated June 5, 2015 and the information included in the staff report dated July 13, 2015. Motion carried 5-0. B. CITY CODE AMENDMENT — ESTABLISH A TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING DISTRICT by City of Eden Prairie Request to: • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulation for the zoning district. Dean presented the City Code Amendment. She stated in December of 2012, the City received a grant of $60,000 from the Metropolitan Council Livable Communities Act Transit Oriented Development Pre -Development grant fund. Tonight we have a draft ordinance for discussion of language only. The draft ordinance includes the following: 1. Purpose 2. Applicability 3. Development Standards 4. Building Standards 5. Off-street vehicle standards 6. On -site bike facility standards 7. Landscaping Eden Prairie Planning Commission Minutes July 13, 2015 Page 3 8. Supplemental Analysis Based on staff and stakeholder input, staff has proposed changes within the following general themes: 1. Town Center and TOD Ordinance 2. Infrastructure Impacts (including height and stories) 3. Applicability of the Ordinance 4. Building Standards 5. Vehicle Parking Standards 6. Bike Parking Standards 7. Landscaping 8. Transportation Demand Management (TDM) Requirements Based upon previous Commission input, staff recommends retaining the Town Center Ordinance with some minor changes. The TOD Ordinance is intended for the other four LRT station areas including Mitchell Rd, which we recommend keeping in our Comp Plan as a future station area. Density limits would be established in the Comprehensive Plan based upon infrastructure capacity determined by traffic and utility studies. Future applicability of the ordinance would generally be the 10-minute walkshed from the station. However, it would be specifically designated by the Comprehensive Plan. and would exclude certain properties such as single- family homes. Property owner requests could also be considered outside the 10- minute walkshed. The Applicability section of the proposed ordinance is being refined based upon a recent discussion with the City Attorney. It will reference the non -conforming use State law and PUD Code for process. The proposed timeline for Ordinance Adoption is contingent on what happens this evening. If approved by City Council, the next steps would be: 1. Review of the Comprehensive Guide Plan Language 2. Evaluation of the Comprehensive Guide Plan Land Use Map 3. Planning Commission and City Council Review of the proposed Comprehensive Guide Plan Changes 4. Metropolitan Council Review of Comprehensive Guide Plan Changes 5. Implement zoning of properties for TOD and Town Center Staff recommendation is for approval. Kirk asked Dean why we are using comprehensive plan language instead of regular language. Dean said it gives us greater flexibility.. Jeremiah said this is Eden Prairie Planning Commission Minutes July 13, 2015 Page 4 not a one size fits all, so the comprehensive plan can give us that flexibility and clarity.;. Wuttke asked how specific we need to be with the language. Dean said to just look at it as a placeholder until the comprehensive plan is adopted. Kirk commented he felt we are ahead of ourselves, but for a good reason in regards to funding. It will not go into place realistically until more actions are taken place. Dean said they are going to build into this a planned unit development to work with the transition. Chair Stoltz opened the meeting up for public input. Rick Weiblen, with Liberty Properties, said they have numerous properties in the area and have not had enough time to fully review it but have talked to Dean today in regards to some of the things in the plan. He stated his big concern is some of the current properties may not meet the code set up in this ordinance. In regards to timing, we need to look at it as a work in progress. Chair Stoltz asked if he feels comfortable if the Commission moves forward. Mr. Weiblen said he feels comfortable. Farr asked if we could go through subdivision by subdivision. Chair Stoltz said he does not believe the City wants the Commission to get into that level of detail . Dean said that was correct. Kirk said we are approving a document that is a work in progress and could change in the future. Wuttke said he has reservations about approving this tonight. Jeremiah said it is good for the Commission to make comments tonight related to land use and design provisions in the ordinance, but don't worry too much about word-smithing the specific language because it will get additional staff and legal review before going to City Council . Wuttke said he would like to go section by section. Chair Stoltz said we will start out with Subdivision 1. Wuttke said he did not have any issues. Higgins said in B, the word "complementary" raises a question about things that are already uses when they become complementary. Farr said the verbs ensure and incorporate have mandatory comments. In regards to complementary, that just means, "greasing the wheels". Subdivision X — Farr said in regards to O, Joint Use Parking, there are two redundant statements. Wuttke said in regards to A, he asked if we had parking Eden Prairie Planning Commission Minutes July 13, 2015 Page 5 garages. He would like to strike, "eliminate the need to rely on a car for transportation", as we want people to drive into the area. Subdivision 2 - Farr said the second paragraph should go first. Subdivision 3 — Farr said in A, under performance standards it talks about off street parking and deliveries and we are encouraging on street parking. In regards to this, we would have to get 2 to 3 loading docks. Wuttke said there should be short term parking. Kirk said we need some language in regards to loading. In regards to B, Wuttke said in regards to vertical articulation buildings and buildings over 4 floors there has to be an 8 foot setback. Dean said waivers can be requested for setbacks. Farr said in regards to the three diagrams, he would suggest the building entrances be attached. One size fits all should not apply to 60 feet entrances to stacked and attached buildings. He stated mixed messages are being sent. The diagram is on page 8. In regards to the diagram on page 10, we should be promoting accessible building entrances. Wuttke said on page 9, under performance standards, he is concerned about noise. Dean said that is addressed in the noise ordinance. In regards to C, Farr said in regards to the diagram on page 12, the stacked and adjacent buildings are hard to have entrances every 60 feet and would like to have visibility into the building. Higgins said in regards to drive thru banks, she has seen it work well in a parking garage with separation from the parking. Wuttke asked if bank holders were concerned with standards. Dean said they were shareholders and she did not hear anything. Subdivision 4 — Under A, Farr said he has a concern again about the entrances every 60 feet. In regards to buildings being open to the public during all business hours, he said we should not make them do this. Subdivision 5 — Farr said on street parking is encouraged but the City does not say anything about it. In regards to B, he said this is a cast and design burden. Dean said they are open to looking at areas as a change. Subdivision 6 — Farr said in regards to C, we are not allowing enough room for this and there should be more than 50 feet. Subdivision 7 — Wuttke asked what the new standards will look like in the area. Dean said they are currently reviewing landscaping standards and there will be further review on this. Farr asked if the intent of Subd. 7 were to require all open spaces in all districts or could there be private areas. Dean said anything on ground level would be public, but going up could be private. Wuttke said in regards to a pocket park, he does not believe there should be access to a private courtyard. Jeremiah said it is okay for people to have private courtyards but they might not count as public open space. Dean said in regards to this, when development comes in, you can speak with the applicant. Eden Prairie Planning Commission Minutes July 13, 2015 Page 6 Subdivision 8 — Farr said he would like to see TDM's be applicable to residential uses. Wuttke said he had two questions. The first is in regards to the application of permeable pavers and there was nothing referenced in the draft about this and could it be applied somewhere. He said we could have green space and permeable space. Rue said some of the green space can be infiltration or permeable space. Wuttke asked if the Town Center study could be applied. Rue said we need to recognize right of way needs for this purpose. Farr said we should be providing more storm water management in this area. This could be an opportunity for us for new developers. Kirk said he is marginally comfortable with this draft; Chair Stoltz and Higgins concurred. Wuttke said he is not comfortable with moving this along so fast. Dean said this could come back at the next Planning Commission meeting. Wuttke said he would like changes to be red -lined. MOTION by Kirk, seconded by Wuttke, to recommend a continuance to the July 27, 2015 meeting. Motion carried 5-0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE —LIGHT RAIL No Members' Report IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT Eden Prairie Planning Commission Minutes July 13, 2015 Page 7 MOTION by Higgins, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 9:28 p.m. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ ONER: W LOCATION: Planning Commission Steve Durham, Planner II July 24, 2015 Variance #2015-06 Eden Prairie Development LLC 14301 Martin Drive, Eden Prairie, MN 120 DAY REVIEW: October 17, 2015 REQUEST: • To permit afree-standing sign setback of O'from a property line. City Code requires a sign setback no closer than ten feet to any street right-of- way line. Section 11.70, Subd. 4, A, 3. BACKGROUND Martin Blu (also known as Mitchell Crossinb Planning Department File #2012-12) is a High Density Apartment Development currently under construction. The project is a five (5) story building containingl92 apartment units on 3.10 acres. The property is guided High Density Residential and Zoned RM-2.5. The surrounding land use is guided and zoned Industrial, Office or Commercial. The building site has characteristics that support the Guide Plan goal of high density multiple family development located near commercial uses and transit facilities. Southwest Metro Transit facilities are within a 1.2 mile walking distance. In that light, the development was granted waivers for density, parking, building setbacks, parking setbacks, building height and site area per dwelling unit. The waivers are a tradeoff for a design that simulates development of a town center nature. VARIANCE REQUEST The property owner is requesting to build a sign at the intersection of Mitchell Road and Martin Drive zero (0') from the right of way line. City Code requires a 10' setback from the Street right -of --way line. The request to move the sign closer to the lot line is two -fold. • Utility lines and a large drainage and utility easement exist between the right Staff Report— Variance 42015-06 July 24, 2015 Page 2 of way line and the building which limits the location of the sign. • The terrain/topography slopes away from the Mitchell Road putting the sign at a lower level than the grade of Mitchell Road, VARIANCE REQUEST Variances maybe 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 and not out of character for a building with reduced structure and reduced parking setbacks. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is high density residential. The variance would be consistent with the Comprehensive Guide Plan and intensified use of the property as evidenced by reduced building and parking setback. Reasonable Use of the Property The requested variance is a reasonable use of the property. It is reasonable for a 5-story building to have one sign visible from the road. Residential building wall signs are permitted at 5 square feet which is not reasonable use for an identifying sign for a building of this size. _Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reason: The property was intentionally developed as high density to promote "Town Center" like characteristics. The development promotes the highest and best use of the property with many multiple residential units within walking distance of commercial property and mass transit center. In developing so traditional setbacks for building and parking were reduced to promote such development. The reduced sign setback request piggybacks to this concept. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: The reduced sign setback location is consistent with the residential development approved which included reduced building and parking setbacks. There is a large right of way in front of tivhere the sign is proposed which will mitigate the sign appearing close to the road way and walking paths. Staff Report —Variance #2015-06 July 24, 2015 Page 3 STAFF RECOMENDATION Recommend approval of the request subject to: The staff report dated 07-24-15 and plan materials marked Exhibit B and stamped dated 07-274 5. • Successful vacation of the easement area for the sign pylons as identified in Exhibit B dated 07-27-15. • Conditions as outlined in Final Order #2015-06. REQUESTED COMMISSION ACTION The Commission may wish to choose from one of the following actions: 1. Approve Final Order #2015-06. 2. Approve Final Order #2015-06 with modifications. 3. Continue Variance Request #2015-06 for additional information. 4. Deny Final Order #2015-06. Area Location Map-- Variance Address: 14301 Martin Drive Eden Prairie, MN 55344 Request 2015-06 Guide Plan Map Variance Request #2015-06 14301 Martin Drive, Eden Prairie, MN 55344 i; Martin Drive Highway #5 ® -- — -- _-= - ------ J t -- - -_ -= — - - - - �J �L_._- -- - - - -- ------------ - __ N UPDATE 2008 Rural Residential 0.10 UnitslAcre ®Regional Commercial Low Density Residential 0-2.5 Units/Acre ®Town Center Medium Density residential 2.5-10 Units/Acre ®Park/Open Space High Density Residential 10-40 Units/Acre � Public/Quasi-Public Office � Golf Course Airport ®Church/ Cemetary ® Industrial � Open Water Neighborhood Commercial � Right -Of -Way Community Commercial � Airport Property Source: City of Eden Prairie; Metropolitan Council ortonnro irio ry rrr � Mitchell Road figure 3.2 — Metropolitan Urban Service Line (MUSA) Creeks N Principal Arterial 1 V A MinorArterial — B MinorArterial Major Collector Minor Collector DATE Approved 03-19-2003 DATE Rerised 10-0I-2007 DATE Revised 01-07-2005 DATE Revised 03-0I-200a DATE Revised II-07-2005 DATE Adopted l0.20-2009 DATE Revised 02-23-2006 DATE Revised 03-0I-2010 DATE Revised 03-23-2006 DATE Revised 03-0I-2011 DATE Revised 06-23-2006 DATE Revised 03-0I-2012 DATE Revised 12-0b-2006 DATE Revised 03-0I-2013 DATE Revised 03-0I-2007 DATE Revised 03-0I-2014 DATE Revised 06-OI-2007 DATE Revised 03-0I-2015 Updated through Comprehensive Guide Plan Change Resolution #2014-6f _� v Kms+� n. w� 0.04 0.08 Zoning Map Variance Request #2015-06 14301 Martin Drive, Eden Prairie, MN 55344 Mitchell Road st Martin Drive Martin Drive i i i Highway #5 -y Aden Prairie oning Map, Rural Rt-44 One Family- 44,000 sf. min R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 MuIf; -Family-17.4 U.P.A. max. ® A - OFC Airport Office OFC Office N-Corn Neighborhood Commercial C-Com Community Commercial C-Hwy Highway Commercial ® A- C Ai rport Commercial C-Reg-Ser Regional Service Commercial C-Reg Regional Commercial ® 0 TC-C Town Cenier Commercial TC-R Town Center Residential TC-MU Town Center Mixed Use 1-2 Industrial Park - 2 Acre Min, 1-5IndustrialPark- 5Acre Min. I -Gen General Industrial - 5 Acre Min. PUB Public GC Golf Course Water Right of Way 100 Year 0 its Shoreland Management Classifications �T ® Natural Environment Waters 1V ® Recreational Development Waters GD General Development Waters (Creeks Only) ® 100 - Year Floodplain Updated through approved Ordinances #06-2015 Ordinance #33-2001 (BF] Addition) approved, but not shown on this map edition Date: March 1, 2015 In case of discrepency related co a zoning classificatlon on this zoning map, the Ordinance and attached legal description on fle at Eden Prairie City Center will prevail. t •l edenprairie.org - uwsurmn.v=..�rc�.:- mcr�.ra<.aeo Aerial Map Variance Request #2015-06 14301 Martin Drive, Eden Prairie, MN 55344 VARIANCE # 2015-06 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2015-06 APPLICANT: Eden Prairie Development LLC OWNER: Eden Prairie Development LLC ADDRESS: 14301 Martin Drive, Eden Prairie, Minnesota OTHER DESCRIPTION: Lot 1, Block 1 Five Mitchell Crossing VARIANCE REQUEST: • To permit a sign setback of O'from a property line. City Code requires a sign setback no closer than ten feet to any street right-of-way line. Section 11.70, Subd. 4, A, 3. 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. (Yes X No N/A). 2. Variance 2015-06 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 August 11, 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: 07-27-15 EXHIBIT A — FINDINGS AND CONDITIONS FINDINGS The granting of the variance is in harmony with intent and general purposes of the ordinance and the terms of the variance are consistent with the comprehensive plan. • The requested variance is in harmony with the purpose and intent of the ordinance and not out of character for a building with reduced structure and reduced parking setbacks. 2. The property owner proposes to use the property in a reasonable manner. • It is reasonable for a five -story apartment building to have a free-standing sign. 3. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The property is unique for the following reasons: • Due to the large drainage and utility easement and location of utilities within the easement and the topography of the site, the 0' setback is not unreasonable. 4. The variance, if granted, will not alter the essential character of the locality. • The reduced sign setback location is consistent with the development approved which included reduced building and parking setbacks. There is a large right of way in front of the proposed sign location which will mitigate the sign appearing close to the road way and walking paths. • The proposed signs are in scale with the building and surrounding neighborhood signs. • The requested variance will not alter the existing use of the property as residential use. CONDITIONS: 1. Approved based on plan materials marked Exhibit B and dated 07-27-15. 2. The Variance will be contingent upon the successful drainage and utility vacation of the sign post locations as identified in Exhibit B dated 07-17-15. EXISTING FEATURE LEGEND D 1— WATERMAIN - — — — - EASEMENT LINE Go 0— I> —fls SANITARY SEWER CONCRETE CURB STORM SEWER BUILDING LINE — ►►► — DRAIN TILE BITUMINOUS SURFACE UE —❑p ELECTRIC TRANSFORMER CONCRETE SURFACE ' UT TELEPHONE PEDESTAL I uc —fl GAS METER 1 o CHAIN LINK FENCE w I Il SIGN ' Cb c� uTi CD If �- ► , , r-o s JL;� City c Ej� n '1'alrie 0 mb&k i www.sambatek.com 12800 Whitewater Drive, Suite 300 Minnetonka, MN 55343 763.476,6010 telephone 763.476.8532 facsimile Engineering I Surveying I Planning I Environmental Client ESG ARCHITECTS 1 • ►.— � 0.m� o it I 1 1 � � � LJ Project HE w 1 1 �♦ low 1 1 j A b o ��Q z o MARTIN BLU co 1 Fe Q 1 1 %. © %% 1 %1 1� o CDC �i ► Nov v a ►t • �i °D} Z LLJ M u.7 I 0I 0 0 o Q I Z —Q� Location EXISTIN UILDING BLOCK CD o 00 bi C) rl Q w o �� EDEN PRAIRIE FFE=85 5 Z I'— � w \ i u '� ��' GFE=852.9 0 m = �� � , 854 k M N m 8J2` -- ------ --- a s Q 1 sz.s+ 98' RAINAGE dr (s�TJC/TY SEMEN �.— g m Er ►►► ►►► ►►► ►► — — — s �� W N 1 j 855. �� g55 pianning Department ►► as �JI../ ' Q ►►► a P� /` J U N. 3 0 2015 -E52 -- i ►►► ►►► ►► l ! i 1�Y R. 5 85 850 A �JE 47, 6(PER PLAN)v uc , City of Eden Prairie '— 853 — _ •-—_ __ i � g56 -- _ -854 �_—_ UG Rh i —95--SOf� (� g _ �g �L L VP3 Yid / W Summary (� c vL-856 JAL rT�_ 85' . 85R�— —asv—"J a57 \ Approved: MA Drawn: EL �o / \ s fi59 �s� Revision History 3—� _ No. Date By Submittal/Rev. = / °858 i 'b UE UE UE :I oho E UE » 858 Go, 1 UELIE / Sheet Title -1— 1 vEJ o E �,� SIGN GRADING i MITCHELL ROAD � EXHIBIT NORTH F Sheet No. Revision 0 40 1 1 3 SCALE IN FEET lift DEC' 07 � 027 - jS Project No. ESG 19856 lun 30, 2015 - 2:Slpm - User:590 L:\RROJECiS\ESG19856\dwg\19856-SIGN EXHBT.dwg .EXISTING FEATURE LEGEND WATERMAIN - — — — - EASEMENT LINE c C> - D SANITARY SEWER CONCRETE CURB DO STORM SEWER z z BUILDING LINE — ►►► — DRAIN TILE BITUMINOUS SURFACE UE —� ELECTRIC TRANSFORMER CONCRETE SURFACE UT --M TELEPHONE PEDESTAL UG —p GAS METER o CHAIN LINK FENCE F SIGN m II 72 v� / I ate 52.01il m�i -s uNr~ nor 1 NSF E / V 7O UE ss MARTIN DRIVE DDT _ Rp - cp ) �� Planning Department JUL 0 9 2015 City of Eden Prairie q SECTION 1/1 1" = Y VERT 1" = 20' HORIZ DMI 07-..�-7— I c NORTH In 20 SCALE IN FEET 4 \. Mb&k www.sambatek.com 12800 Whitewater Drive, Suite 300 Minnetonka, MN 55343 763.476.6010 telephone 763.476.8532 facsimile Engineering I Surveying I Planning I Environmental Client ESG ARCHITECTS Project MARTIN BLU Location EDEN PRAIRIE, MN Certification Summary Approved: MA Drawn: EL Revision History No. Date By Submittal / Rev. Sheet Title SECTION EXHIBIT Sheet No. Revision 1 Project No. ESG 19856 Jul 09, 2015 - 8:30am - User225 L:\PROJECTS\ESG 19856\dwg\19856-SECTI0N.dwg i I - live r- 1 i r- - jum I to h� - _ DRAINAGE & UALITY ►'7 PER PLAT OF S MITCHE rr, c, • r— II A 1 ♦ 1 1 r— 1 o T IIVI I I I I Omni low 1 O1 1 1 1 \/ 1 1 1.� Ir 1 �o � �% t PROPOSED I 1 N' �i SIGN AREA 1 \ 1 1` Ft 1 1 �. •. 55�f'�o PROPOSED— _ _ \5 � �� �a'• t / jjj s I t � , lb(,51 °55'S4 E � \ I � S •. , I x!i 06, d d � SW CORNER, Lor t S89°20'45"E 360.7 —EXISTING FEATURE LEGEND "" I � WATERMAIN — — — — — EASEMENT LINE cC� D � SANITARY SEWER CONCRETE CURB DD—® STORM SEWER BUILDING LINE — ►►► — DRAIN TILE , � ',"Q CONCRETE SURFACE uE p ELECTRIC TRANSFORMER r'—"-1 L_ —,J AREA TO BE VACATED uT � TELEPHONE PEDESTAL uc —p GAS METER o CHAIN LINK FENCE �. SIGN DRAINAGE AND UTILITY EASEMENT TO BE VACATED That part of the drainage and utility easement, as dedicated on the recorded plat of FIVE MITCHELL CROSSING, Hennepin County, Minnesota lying within Lot 1, Block 1, said plat, described as follows: Commencing at the southwest corner of said Lot 1; thence North 38 degrees 04 minutes 06 seconds West along the southwesterly line of said Lot 1, a distance of 12.58 feet; thence North 51 degrees 55 minutes 54 seconds East a distance of 1.33 feet to the point of beginning of the easement to be described; thence continue North 51 degrees 55 minutes 54 seconds East a distance of 4.00 feet; thence North 38 degrees 04 minutes 06 seconds West a distance of 4.00 feet; thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; thence South 38 degrees 04 minutes 06 seconds East, a distance of 4.00 feet to the point of beginning. Together with that part of the drainage and utility easement, as dedicated on the recorded plat of FIVE MITCHELL CROSSING, Hennepin County, Minnesota lying within Lot 1, Block 1, said plat, described as follows: Commencing at the southwest corner of said Lot 1; thence North 38 degrees 04 minutes 06 seconds West along the southwesterly line of said Lot 1, a distance of 28.57 feet; thence North 51 degrees 55 minutes 54 seconds East a distance of 1.33 feet to the point of beginning of the easement to be described; thence continue North 51 degrees 55 minutes 54 seconds East a distance of 4.00 feet; thence North 38 degrees 04 minutes 06 seconds West a distance of 4.00 feet; thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; thence South 38 degrees 04 minutes 06 seconds East a distance of 4.00 feet to the point of beginning. RE��IV�U� Planrling Department JUL 1 7 2015 City of Eden Prairie 07�-oA7-15 0 NORTH S SCALE IN FEET r? www.sambatek.com 12800 Whitewater Drive, Suite 300 Minnetonka, MN 55343 763.476.6010 telephone 763.476.8532 facsimile Engineering I Surveying I Planning I Environmental Client ESG ARCHITECTS Project MARTIN BLU Location EDEN PRAIRIE, MN Certification I hereby certify [ha[ [his survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed IANU SURV EYOR under the laws of the State of Minnesota. Rick M. Blom Registration No. 21729 Date: 07/15/2015 If applicable, contaR us far a wet signed copy of this survey which is available upon request at Sambatek's, Minnetonka, MN office. Summary Approved: RMa Drawn: clu Revision History No. Date By Submittal /Rev. Sheet Title Easement Vacation Exhibit Sheet No. Revision Project No. ESG 19856 lul 16, 2015-8:32am - User:550 L:\PROJECTS\E5G19856\dwg\19856-SIGN EXHBT-2.dwg RMAK I I NJ: y.� r11�V 9/"�'♦a 7 �m ':n .r, � �/ p��t _ �.,: - ��`c lF tC%f/fit a�n. r// 'bn�tr��bl+l� �4 -. ♦ I". Martin ON I Exterior Column Fence Sign TOP V I EVV 514 North 3rd Street, Suite 109, Minneapolis MN 55401 612.333.1130 612.339.1799 f f1Co W: iV JUN 19 2015 City of Eden i'rairie 06.18.2015 RELOCATE COMPACT DOGWOOD RELOCATE (5) SUGAR MAPLE INSTALL (23) GRO-LOW SUMAC HARDWOOD MULCH IN SHRUB BEDS, TYP. ,,jl� Planning Department j JUN 19 2015 City of Eden Prairie (34) GRO-LOW SUMAC ADD (8) CRIMSON SPIRE OAK INCLUDE 14" PLANTING AREA ALONG BAS OF BUILDING, (42) PRAIRIE DROPSEEI HARDWOOD MULCH IN SHRUB BEDS, TYP. ADJUST PERENNIAL LOCATIONS DECORATIVE CONC n���,�� �' C��C��1��1E..1 (S) CRIMSON SPIRE OAK (26) GRO-LOW SUMAC STAFF REPORT TO: Planning Commission FROM: Tania Mahtani, Planner I DATE: July 24, 2015 SUBJECT: Variance 2015-07 APPLICANT: Foundation Chiropractic, LLC OWNER: PGL Properties, LLC and MJJ Properties, LLC LOCATION: 6409 City West Parkway, Unit 105 REQUEST: To permit transfer of the City Code permitted area for wall signs of one tenant space located on the south and east walls of the Shady Oak Center to the west wall of the building. BACKGROUND The applicant withdrew the application on July 22, 2015 due to Foundation Chiropractic going out of business. The public hearing should be opened and then closed. STAFF REPORT TO: FROM: DATE: SUBJECT: Planning Commission Tania Mahtani, Planner I July 24, 2015 Variance 2015-08 APPLICANT/ OWNER: Patrick and Merritt Steidl LOCATION: 7381 Moonlight Trail REQUEST: To permit a deck with a rear yard setback of 10 feet. City code requires a 20 foot minimum rear yard setback in the R1-9.5 Zoning District BACKGROUND The property is zoned R1-9.5. The surrounding zoning is R1-9.5 and Rural. The site is guided Medium Density Residential. The surrounding area is guided Medium Density Residential and Park/Open Space. BACKGROUND The property owner is requesting a rear yard setback variance to construct a deck. The property was constructed in 1996 and a deck was never constructed on the property. The property has a sliding glass door in the rear of the property and outside of the doors there is a six foot drop to the ground. Due to the angle of the house on the property, building a functional deck within the required setback would be difficult. A portion of the proposed deck, approximately 50%, encroaches within the required 20 foot rear yard setback. 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." Staff Report — Variance # 2015-08 July 24, 2015 Page 2 Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. A deck is a permitted accessory use in a R1-9.5 (single family) zoning district. Consistent with Comprehensive Plan The Comprehensive Plan guides this property as Medium Density Residential. 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. A deck is permitted in the R1-9.5 zoning district and a reasonable use of the property. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: • The way the house was angled on the lot, it is difficult for the landowner to build a functional deck that meets the required rear yard setback. • The deck cannot be reasonably constructed on the side of the property because the sliding glass doors cannot be moved to the side of the property due to the layout of the kitchen. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: • Having a deck on the rear of the property will not change the character of the neighborhood. Most of the homes in the neighborhood have a deck. • The proposed deck does not encroach into the drainage and utility easement. • There is a berm and deciduous trees in the rear of the property that would screen the deck from view of the walking/bike path that is adjacent to the property in the rear. • Only a portion of the deck, approximately 50%, encroaches within the required 20 foot rear yard setback. STAFF RECOMENDATION Staff recommends approval of the variance request, subject to the Staff Report dated July 24, 2015 and the following conditions. 1. The location of the deck is limited to the location shown on the plans stamp dated 6/25/2015. The plans indicate a setback of 10 feet from the rear property line at the deck's closest point. Staff Report — Variance # 2015-08 July 24, 2015 Page 3 REQUESTED COMMISSION ACTION The Commission may wish to choose from one of the following actions: 1. Approve Final Order #2015-08 with conditions outlined in the Final Order. 2. Approve Final Order #2015-08 with modifications. 3. Continue Variance Request #2015-08 for additional information. 4. Deny Final Order #2015-08. Area Location Map-- Variance Request 2015-08 Address: 7381 Moonlight Lane Eden Prairie, MN 55346 SUNSHINE DR STELLAR LN O z � F Moonlight Lane z Edenvale Blvd IT Valley View Road VALLEY VIEW RD N 0 112.5 25 450 Feet Guide Plan Map Variance Request #2015-08 7381 Moonlight Lane, Eden Prairie, MN 55346 Rural Residential 0.10 Units/Acre - Regional Commercial Low Density Residential 0-2.5 Units/Acre ® Town Center Medium Density residential 2.5-10 Units/Acre - Park/Open space High Density Residential 10-40 Units/Acre Public/Quasi-Public Office Golf Course Airport - Church/ Cemetary - Industrial Open Water Neighborhood Commercial Right -Of -Way Community Commercial Airport Property Source: City of Eden Prairie; Metropolitan Council edenprairie.org Metropolitan Urban Service Line (MUSA) Creeks N Principal Arterial 7\ A Minor Arterial B Minor Arterial Major Collector ' Minor Collector DATE Approved 03-19-2003 DATE Revised 10-01-2007 DATE Revised 01-07-2005 DATE Revised 03-01-2008 DATE Revised 1-07:20056 DATE Adopted 10-20-2009 DATE Revised 02-23-2006 DATE Revised 03-01-2010 , DATE Revised 03-23-2006 DATE Revised 03-01-2011 DATE Revised 06-23-2006 DATE Revised 03-01-2012 Updated thfoUgh Comprehensive Guide Plan Change Resolution #2014-66 DATE Revised 12-06-2006 DATE Revised 03-01-2013 DATE Revsed 03-01-2007 DATE Rev sed 03-01-2014 DATE Revised 06-01-2007 DATE Revised 03-01-2015 very of [ae. aa�xe ^e na^ie for any aama oe., 0.025 0.05 0.1 Miles M.IGIsIM....Io.,aft.aMlc.m Mao .a.wm�anro a- M..aa,, �aa2- Zoning Map Variance Request #2015-08 7381 Moonlight Lane, Eden Prairie, MN 55346 Moonlight Lane Edenvale Blvd Valley View Road 1 1 City of Ede Prai' Zoning Map Rural - C-Reg-Ser Regional Service Commercial R1-44 One Family- 44,000 sf. min. - C-Reg Regional Commercial 0 R1-22 One Family-22,000 sf min. - TC-C Town Center Commercial R1-13.5 One Family-13,500 sf min. - TC-R Town Center Residential 0 R1-9.5 One Family-9,500 sf min. - TC-MU Town Center Mixed Use Q RM-6.5 Multi-Family-6.7 U.P.A. max. 1-2 Industrial Park - 2 Acre Min, - RM-2.5 Multi-Family-17.4 U.P.A. max. - 1-5 Industrial Park- 5Acre Min. A- OFC Airport Office - I -Gen General Industrial - 5 Acre Min. 0 OFC Office - PUB Public 0 N-Com Neighborhood Commercial GC Golf Course - C-Com Community Commercial 0 Water - C-Hwy Highway Commercial 0 Right of Way _ A- C Airport Commercial ® 100 Year 0 0.0129.025 Shoreland Management Classifications �7 ® Natural Environment Waters 1V ® Recreational Development Waters Go I General Development Waters (Creeks Only) 0 100 - Year Floodplain Updated through approved Ordinances #06-2015 ' Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2015 I In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. o,�N ,o venN °cN o, [ae� aa�xe oe raoie ro. any aamagee edenprairie.org ®ai 0.05 0.075 0.1 M, s, ,.�,........ ,m M ., ua . Ea=; �m°� .a,.a na,.a Mma 1,a.,o,3 Miles Aerial Map Variance Request #2015-08 7381 Moonlight Lane, Eden Prairie, MN 55346 ` r ' e + � it Edenvale Blvd 1 d 0 0.025 0.05 0.1 Miles Eden Prairie Development Review Committee: Thank you for considering our request. We are residents of 7361 Moonlight Lane and wish to apply for a deck building variance. We moved into our home about three years ago. Although we were disappointed that the home had nothing but a six foot drop outside the back patio door, our pIan was to build a deck in the upcoming years. Now, with a nineteen month old running around our home (and learning to open doors), the missing deck is more than just an eye sore, it's also a safety issue. We decided it was time to start the building process. We recently submitted our deck plans to the city in hopes of obtaining a permit to build. Unfortunately, we learned our proposed plan was not a full twenty feet from our property line and thus did not meet code. My husband and I were disappointed, but went back to the drawing board to make new, compliant plans. Due to the odd placement of our home on our property (we live in a culdesac), we have very little space build a functional deck (less than 4 feet in some areas). We considered building a very small deck with stairs down to a larger patio (requiring very strange angles), but even then, stairs going down to the patio area would extend into the twenty feet. We also considered a catwalk to a wrap -around deck so the majority of the deck could sit an the side of our house. Again, that would only be possible to design with very odd angles. We decided against building a deck along the southeast side of our house because that is the only nice, flat, grassy area we have in our backyard. With no real great options, we returned to our initial plans. To the best of our knowledge, we are the only house in our neighborhood that does not have a deck, so this deck build would not be setting a precedent for the neighborhood. We feel that our plans would be very consistent with the character of our area. Because our yard backs up to a small wooded hill followed by public space and a bike path, our deck would not be visible to any neighbors. The hill and thick trees also hide our yard from view of the bike path. We have included several photos showing our home from the bike path. Again, we appreciate your time and consideration. Please feel flee to contact us at any point in the variance application process if you have any questions. Thank You, Merritt and Patrick Steidl 608-698-2998 or 612-965-2276 shire 2nd sunevors certinxrts SURvEV rum Homes By Registry DEI KD AS ; Lot�7, Block 21 GLENSHIRE 2ND ADDITION, City of Eden Prairie, Hennepin County, Minnesota and reserving easements of record. 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IN tSli5 :lX r �` I. } - y'� tom' `�F �. ke °� off IV IT a ,�•' .� s T t yeti} kr ._ 5 11�'�r l4 i� t3 y +, 91 IT 4 IT 1 f � f yy {{ t IL Y i l LA et 1-4 lit r; s k ILI 1 4 1- �: STAFF REPORT TO: Planning Commission FROM: Tania Mahtani, Planner I DATE: July 24, 2015 PROJECT: WAND Corporation LOCATION: 7575 Corporate Way APPLICANT: Dave Perrill OWNER: WAND Corporation 120 DAY REVIEW: Expires November 4, 2015 REQUEST: Planned Unit Development District Review with waivers on 2.88 acres Zoning District Amendment within the I-2 Industrial Park Zone on 2.88 acres BACKGROUND The Comprehensive Guide Plan shows the site as Industrial. Surrounding land uses are Industrial and Golf Course. The property is zoned I-2. Surrounding zoning is 1-2 and Golf Course. The property is part of the Edenvale PUD approved in 1971. City Code allows a maximum of 50% of the total floor area of the building to be used for office in the I-2 zoning district. In 1982, the property was granted a variance to use the building as 77% office. SITE PLAN WAND Corporation currently has its headquarters at the building at 7605 Corporate Way. WAND is proposing to retain the 7605 Corporate Way facility for warehouse purposes and move its headquarters to 7575 Corporate Way. The applicant is requesting a Planned Unit Development Waiver to allow the building at 7575 Corporate Way to be used as 100% office. PARKING City Code requires offices uses to provide on -site parking at 5 parking stalls per 1,000 square feet of Gross Floor Area. The property at 7575 Corporate Way would require 119 stalls for 100% office use. The site currently has 85 parking spaces, and WAND has provided a plan that shows Staff Report — WAND Corporation July 27, 2015 Page 2 an additional 34 parking spaces as "proof of parking" spaces. The applicant has indicated that 85 parking spaces would accommodate the needs of their employees in the future. WAND Corporation has a 24-7 Technical Assistance Center with employees working 3 shifts. Additionally, WAND plans to hire more remote employees and continue to build its work from home policy. WAND has provided their five year employee parking forecast plan, which indicates that no more than 84 employees will utilize the parking lot at one time. The site should not assume any parking availability on the street. Overflow parking has been identified on Corporate Way as an issue in the past. WAND Corporation's move to the new facility is expected to help alleviate this issue. Since WAND has indicated that they do not need more than 85 parking spaces, staff recommends that the "proof of parking" not be constructed at this time. Additionally, the site is impacted by shoreland, floodplain, and wetland. Due to these constraints, only a portion of the 34 "proof of parking" spaces could be constructed without additional public review by the City or watershed district. Therefore, staff will be requiring a revised "proof of parking" plan that does not show any "proof of parking" in the shoreland areas, floodplain, or currently required wetland buffer. This information will be required prior to 1 st reading at the City Council. TRAFFIC DEMAND MANAGEMENT (TDM) The attached TDM plan demonstrates goals and mechanisms for WAND to reduce peak hour traffic. TDM plans are required for all new projects on properties zoned either Office or Industrial. The plan identifies strategies to reduce traffic such as incentivizing carpooling, providing bicycling facilities and showers, and encouraging telecommuting. The TDM plan forecasts a 15% reduction in single vehicle travel by 2019. MORELAND AND WETLAND The 7575 Corporate Way property is partially within a shoreland area, as a portion of the parcel is within 300 feet of Purgatory Creek. Per City Code, the portion of the property within a shoreland area can have a maximum of 30% impervious surface. The property currently exceeds 30% impervious surface in the portion within a shoreland area, therefore it is an existing condition. A portion of the property within 7575 Corporate Way is also partially within a FEMA floodplain area. Should the "proof of parking" need to be built in the future, the plan will be reviewed based on the shoreland requirements in place at that time. A portion of the property includes a wetland that is being used for stormwater treatment. The 2 Staff Report — WAND Corporation July 27, 2015 Page 3 applicant has provided a Wetland Delineation Report and MnRAM analysis. Preliminary review of the MnRAM analysis indicates that the wetland is moderate quality and would require a minimum buffer width of 20 feet and an average buffer width of 40 feet. However, in order to complete the review of the Wetland and MnRAM analysis, additional information, including a field evaluation and wetland buffer evaluation, is required to do a full analysis and to determine if the proposed "proof of parking" would meet the buffer requirements. The full evaluation needs to be completed prior to the project being scheduled for a City Council public hearing. STAFF RECOMMENDATION WAND's business plan indicates that the existing 85 parking spaces on site will meet its business needs. Therefore a change to 100% office is viable for WAND with the parking that currently exists on the site. Due to the shoreland, wetland, and floodplain impacts on the site, it has not been determined how many of the "proof of parking stalls" could be constructed without additional public process through the City and Watershed District. Staff recommends tying the 100% office waiver to WAND, only as building occupant, to ensure parking issues do not arise in the future. Recommend approval of the following request: Planned Unit Development District Review with waivers on 2.88 acres Zoning District Amendment within the I-2 Industrial Park Zone on 2.88 acres Staff recommends approval base on plans stamp dated July 7, 2015, Staff Report dated July 24, 2015 and the following conditions: Prior to the project being scheduled for a City Council public hearing, the following information is required: A. Submittal of the Application for Review of Wetland Determinations, including the LGU Review Fee of $1,350. B. Field review to determine the accuracy of the wetland delineation and to determine the wetland buffer conditions. C. Wetland buffer analysis, including the calculations for the required buffer averaging. D. Site map showing the proposed wetland buffer, including the area that will be used to meet the averaging requirements. Staff Report — WAND Corporation July 27, 2015 Page 4 E. Confirmation that the Riley -Purgatory -Bluff Creek Watershed District accepts the buffer averaging plan. 2. Prior to the first review of the project by City Council, the following information is required: A. A revised "proof of parking" plan that does not show any "proof of parking" in the shoreland areas, floodplain, or currently required wetland buffer. 3. Prior to building permit issuance for the property: A. The proponent shall provide a monetary security, equal to the value of the 2-year Travel Demand Management Plan budget. B. A Conservation Easement must be placed over the wetland and wetland buffer. 4. Should the "proof of parking" need to be installed: A. At such time as the City Manager, in his or her sole discretion, determines that it is necessary for all of portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. One of such factors that will necessitate construction of the proof of parking includes if there is parking occurring on the street. This notification shall include the number, location and timetable for construction of the additional proof -of -parking spaces. Developer shall comply with all the requirements in the City Manager's notification. B. Parking will be required to meet City regulations and Riley Purgatory Creek Watershed District regulations at the time in which it is built. C. In the event that the proof of parking is implemented, a Land Alteration Permit will be required from the City as well as the Riley Purgatory Bluff Creek Watershed District. In conjunction with issuance of the Land Alteration Permit for construction of the "proof of parking", a storm water management plan that conforms to regulations in place at that time will be required. 5. The following waivers have been granted through the PUD District Review for the property: A. Waiver to allow 100% office use in the I-2 zoning district. The business model M Staff Report — WAND Corporation July 27, 2015 Page 5 that WAND Corporation has presented indicates that they will be able to accommodate their parking needs with the 85 stalls provided on the site. The approval to operate at 100% office use is granted to WAND Corporation as the building occupant. If WAND vacates the premises, the waiver shall lapse. B. Waiver to exceed the amount of impervious surface within a shoreland area consistent with existing conditions depicted on plans stamp dated July 7, 2015. The parking already constructed on the site exceeds the 30% requirement, therefore it is an existing condition. 5 Area Location Map-- WAND Corporation Address: 7575 Corporate Way Eden Prairie, MN 55344 0 m z fn m W o a LL SITE Corporate Way Martin Drive a N w ENTIRE N MARTIN DR 0 175 Guide Plan Map WAND Corporation 7575 Corporate Way, Eden Prairie, MN Legend Lakes - Industrial Streams N Rural Residential 0.10 Units/Acre 0 Neighborhood Commercial principal Arterial of 0 Low Density Residential 0-2.5 Units/Acre 0 community Commercial — A Minor Arterial � ® Low Density/Public/Open Space 0 Regional Commercial - Medium Density residential 2.5-10 Units/Acre ® Town Center i3 Minor Arterial ® Medium Density Residential/Office � Park/open Space —Major Collector - High Density Residential 10-40 Units/Acre PublictQuasi-Public ' m Minor Collector - Airport Golf Course 0 office - Church/Cemetery Date Revised 03-01-2014 , ® Office/industrial Open Water .,• m�%M® ,°` ' ' ® Office/Public/Open Space - Right -Of -Way »e."e.ryA�:m"` ••m•p • �p•,•®mm„ m„ ,mF",m �840 0 210 I I 420 Feet I I I I I I Zoning Map WAND Corporation 7575 Corporate Way, Eden Prairie, MN 55344 Corporate Way Martin Drive Rural = Regional Commercial 0 R1-44 One Family- 44,000 sf. min. = TC-C 0 R1-22 One Family-22,000 sf min. O TC-R 0 R1-13.5 One Family-13,500 sf min. TC-MU 0 R1-9.5 One Family-9,500 sf min. 0 Industrial Park - 2 Acre Min, 0 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. 0 General Industrial - 5 Acre Min. 0 Office 0 Public 0 Neighborhood Commercial Golf Course - Community Commercial 0 Water SITE Shoreland Management Classifications N FNEI Natural Environment Waters RD Recreational Development Waters FGD1 General Development Waters (Creeks Only) ® 100 - Year Floodplain Up dated through approved Ordinances #19-2013 ' Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition ' Date: March 1, 2014 In... ootaiaorepenov relarea ro a zonia ng aaanni manon on a:omng,nap, ne ommanoe and attached legal description on file at Eden Paine City Center will prevail. - Highway Commercial 0 Right of Way 0 0.075 0.15 - Regional Service Commercial Miles wa Aerial Map WAND Corporation 7575 Corporate Way, Eden Prairie, MN 1 *01 }L"V.o f SITE �g .. 14 A x f Corporate Way 10 � �,- n n K • Martin Drive IIIf�l�lttt TIN rip, 1 STAFF REPORT: TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: July 24, 2015 SUBJECT: City Code Amendment —Establishment of a Transit Oriented Development (TOD) zoning district including regulations BACKGROUND This is a continued item from the July 13, 2015 Planning Commission meeting. Through discussion of the proposed ordinance with the Planning Commission, City staff, and other stakeholders a revised draft of the TOD Ordinance was prepared. A redlined draft of the proposed TOD ordinance is included in the Planning Commission Packet which is reflective of the feedback summarized below: Code Section/Topic Response to Stakeholder and Planning Commission feedback Subd. 1. Purposes, A -I No changes are proposed to the current language. The language was reviewed by staff with the City Attorney. The language helps sets the vision and purpose of the ordinance. The Building and District Development Standards set forth the requirements of the code. Definitions.— A. Transit Oriented Reference to relying on a car for transportation Development TOD was eliminated. Definitions.— O. Joint Use Parking Redundant language was removed. Subd. 2. Applicability. Proposed development within the TOD will be subject to a Site Plan and Architectural Design Review and the Planned Unit Development Process which is consistent with existing development requirements. Staff will be proposing minor text amendments to the existing code sections within Chapter 11 to address any inconsistencies created by the TOD ordinance at a future Planning Commission meeting. Language was revised to describe the location of the TOD Ordinance applicability area. Language was revised to reference nonconformities which are governed under Minnesota Statutes 462.357, Subdivision le. State Statute 462.357, Subd, le and City Code Sections 11.03, Subd. 3 and 11.40 are included in the Planning Commission Packet Subd. 3. District Development Standards The first paragraph was revised to address Planning Commission feedback. Information was added describing parking expectations for location and type of parking. Subd. 3. A. Development Standards: TOD- Language regarding off-street surface parking MU (built form description) was changed from "prohibited" to "discouraged" Permitted Uses (all districts) Office is now listed as a separate permitted use. Building Standards (all districts) Clarification was provided within the proposed language. A building stepback above the fourth floor is required. Stepbacks are now encouraged for buildings below four floors. Off -Street Vehicle Parking Standards (all Language under performance standards was districts) revised to specify location of structured parking and exceptions for surface parking. Development Standard Diagrams Stairs will be removed from the diagrams to address ADA accessibility concerns. Lot Standards (all districts) Front yard setback minimums were reduced to 0' for all districts. Performance Standards Discussion occurred at the Planning Commission meeting regarding drive thru Drive-thrus (all districts) facilities within the TOD area. Since this area is intended to be a transit oriented and pedestrian friendly environment changes were not made. There is opportunity for a drive thru to be incorporated within a parking structure and an applicant could require a waiver from City Code through the PUD process. Performance Standards (all districts) Language was revised to describe appropriate areas for the location of commercial and commercial ready uses. Language was revised to address ground floor visibility for commercial ground floor uses along transit streets. The TOD language references a 60 foot entry spacing requirement. Language was revised so it is specific to Commercial uses only. Performance Standards (TOD-E) Language was revised for TOD-E. The 10,000 square foot maximum is limited to Neighborhood Commercial which is consistent with the TOD-R and TOD-MU districts. Vehicle Parking Standards Language was added to clarify locations for parking structures. Bicycle Parking Standards The bicycle parking requirement was decreased for Office, Commercial and Public uses. In addition, proof of bicycle parking allowed was increased from 25 percent to 50 percent. Hennepin County Bicycle parking standards encourage short and long term bicycle parking requirements which are more aggressive than the proposed requirements within the draft TOD ordinance. Hennepin County Bicycle Parking Standards are included in the Planning Commission packetfor reference. Landscaping (trees) Landscaping language for caliper inches of trees was revised so it is consistent with the Town Center zoning. Landscaping (shrubs and perennials) Shrubs, native landscaping, perennials, annual beds and containers were added to the acceptable plant material list for new or redevelopment. This will allow these plantings to count towards landscaping credit. Transportation Demand Management The language was revised and is reflective of (TDM) Requirements current best practices used by the City for Office uses. Language was added to encourage TDM plans for multi -family residential. Subd. 9. Architectural Standards Language was added to the TOD ordinance to reference existing code sections. Staff will be Subd. 10. Signage proposing minor text amendments to the existing code sections within Chapter I I to Subd. 11. Lighting address any inconsistencies created by the TOD ordinance at a future Planning Subd. 12. Mechanical Equipment, Trash Commission meeting. (recycling), and Loading Requirements Subd. 13. Tree Replacement Noise between differing uses Noise is addressed in Chapter 9 of the City Code and through Building Code requirements. Staff will be proposing minor text amendments to the existing code sections within Chapter 11 to address any inconsistencies created by the TOD ordinance at a future Planning Commission meeting. In addition, language to the Site Plan and Architectural Design Review and the Planned Unit Development (PUD) review process Chapter I I code sections will be amended to guide the process for development applications within the TOD ordinance applicability area. Additional feedback from stakeholders could occur during the public hearing process. All feedback will be reviewed and evaluated for possible incorporation into the proposed ordinance throughout the public review process. The Commission is asked to recommend approval of the proposed TOD ordinance to the City Council. If approved, the proposed ordinance changes will be added to the city code as a new zoning district. STAFF RECOMMENDATION Staff recommends approval of the TOD ordinance. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 SECTION 11._. TRANSIT ORIENTED DEVELOPMENT (TOD) ORDINANCE Subd. 1. Purposes. The intent of the Transit Oriented Development (TOD) zoning ordinance is to provide for development of attractive, compact, pedestrian -friendly, high density, environmentally and economically sustainable, transit -oriented areas which allow a complementary mix of land uses. A TOD land use pattern supports transit system investments, optimizes development opportunities, and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan. To support the intent of Transit Oriented Development (TOD), the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities, employee densities, and non-residential floor area ratios (FARs); B. Accommodate a complementary mix of market -supportive land uses including residential, office, public (buildings, plazas, open spaces), light industrial, and where appropriate, select commercial uses; C. Ensure building and site design is oriented to public spaces — streets, sidewalks, plazas, open spaces, and the transit station — and emphasizes a pedestrian -friendly environment; D. Support an urban design pattern that encourages active living and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease parking needs and requirements, including compact/mixed-use development patterns, on -street parking, joint use parking, structured parking, access to transit and shuttle services, bike sharing, and car sharing; F. Incorporate public amenities such as parks and plazas, civic spaces, public art, landscaped streetscapes, benches, and sidewalks/trails that provide connections between development sites, transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents, employees, visitors, and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image, help to identify the unique characteristics of the location, and enhance the streetscape environment for pedestrians, bicyclists, transit riders, and vehicular drivers; and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. Comment [rl]: No cbanges were made to this subdivision. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 There are three (3) Transit Oriented Development (TOD) zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high -density, mixed -use, and pedestrian -oriented development that supports transit usage. B. The TOD-Residential (TOD-R) district allows for moderate- to high -density residential development with some allowance for limited commercial uses. C. The TOD-Employment (TOD-E) district allows for moderate- to high -density office, light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 3. Subd. X. Definitions. A. Transit Oriented Development (TOD) is commonly described as a community or development that mixes residential, office, commercial and open space, and allows for convenient or direct access to public transportation, eliminating the need to rely eR a car for rranspartation . The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready — a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11. The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building facade, typically as a decorative architectural element to provide articulation of the building facade. E. Ornamental grillwork is a decorative metal grate placed on a building facade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi -level structure comprised of single -floor or multi -floor units that are stacked vertically and connected with one or more shared entries. This building type is typically designed for residential, hospitality, or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit. All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office, research and development, sales/showroom, industrial processing, distribution/warehousing, or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use. A liner building may also include active upper floors. J. Building Break —Include recesses in the building facade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. Building breaks create the impression that one building is two or more buildings and improve the building's overall composition and aesthetic. Comment [r2]: Subdivision numbering/lettering will be revised for consistency throughout the ordinance. Comment [r3]: Reference to car reliance was 1 removed. J Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 K. Building Stepback —A setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. L. Building Street Frontage —The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency— Openings in the street -facing fagade of a building which are transparent, including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include, but are not limited to, drive - up windows, menu boards, order boards or boxes, drive-in restaurants and drive -up banks. O. Ooint Use Parkin A parking facility shared b two or more uses, tenants, or 9 p 9 Y Y parking faGility = _ " Comment [r4]: Redundancy removed based that is shaFe d by o or Fnere ^^properties. on PC comment. P. Mixed -Use Building — A multi -story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Q. Neighborhood commercial — Small scale retail stores and personal services primarily serving residential areas and nearby businesses and their employees and small scale specialty shops and services as further defined in the Comprehensive Plan. R. Flex Space: A use providing its occupants the flexibility of utilizing the space. Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory, warehouse distribution, etc. S. Subd. 2. Applicability. A Transit -Oriented Development (TOD) district may be req estedf^-shall apply to property zoned under this Section. Such properties will generally be within thea 10-minute walkshed (the area within a 10- minute walking distance, or roughly a half -mile) of an existing or planned commuter bus or light rail transit station. Q^.,^^a the ,n_ min, ,+^ walksh^a aFeas, a TOD 0iGtF,^+., alse be reque consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357, Subdivision 1.e as the same may be amended.. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development is requested OR ^.d^^ ^ +^ the . ^ ^^+S Of Gentian „ nn of +h^ process set out in City Code.- Chapter 11. Comment [6]: This section was revised based on feedback from stakeholders, staff and the City Attorney. ISubd. 3. District Development Standards. I Comment [r6]: Revised based on PC The following tables and diagrams include development standards for each of the three TOD zoning comment. districts and are intended to identify -the use ef-trhe�.vr-"identify" be better here - it is r ^re oertaif}}illustrate the desired character, form, and scale of development within each district. Additional Draft - Eden Prairie TOD Ordinance July 4327, 2015 standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 4 through 8 of this section. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 A. Development Standards: Transit Oriented Development -Mixed Use (TOD-MU) STATEMENT OF POLICY: The TOD-Mixed Use (TOD-MU) district encourages high -density, mixed -use, and pedestrian -oriented development that supports transit usage. The TOD-MU district is intended to generally be applied closest to the transit station. Buildings are mid- to high-rise structures with active ground floor uses. A mix of office, residential, hotel, and institutional uses, along with ground floor shops, services, and restaurants encourage activity throughout the day, and provide residents, visitors, transit riders, and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD- MU District. The diagrams set out below are intended to illustrate the application of the above statement of policy. Caainuars _, �,f' SYreel Wall Acfrra 0 nd•. Floor ll9E9 Awr V 1, Clear WRKb s Liner Building wilh Attire Grwnd Flow built Form Description: The TOD MU district teatures a high -density development pattern with stacked mixed -use buildings. Requirements for street -fronted architecture, minimal setbacks, and active ground floor uses contribute to a more safe and walkable street environment. To that end, parking is predominantly provided in structured or underground parking and is located away from primary transit streetseff street suFfaGe painking is prehibitedALs�� and parking ramps with street frontage must be lined ..iith entiye i .at then nid level and s ned on upper fleerc 5 Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 Permitted Uses — TOD-MU District itted Uses Commercial Performance .. . 1-1_The ground floor in all buildings in the mixed - Neighborhood commercial use district shall be bu4t-commercial along the - Restaurants and food service primary transit street and commercial ready. This - Hotels/Hospitality/Lodging te 90% applies along the first 30 foof of depth from the hu dldiRg face Office - Business and professional offices secondary transit street. Residential - Multiple -Family Dwellings Public 2. Drive-thrus are only allowed when the drive-thru - Public facilities and services lanes are internally located within the parking - Libraries structure. - Parks 3. Neighborhood Commercial individual tenant space - Transit Facilities shall not exceed 10,000 sq. ft. in area with the - Parking ramps exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. • ..TOD-MU District Multiple -Family Residential spacesspaces 1/dwelling unit (d.u.) 1/ bedroom Visitor (Residential) None' 1/5 dwellings Retail Stores & Services 3/1,000 sq ft Gross Floor Area 5/1,000 sq ft (G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft (G.F.A.) 5/1000 sq ft (G.F.A.) Hotel 1/guest room + 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1. All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure.. Surface . aFkiRg is net peFFniffed. except as follows: residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on -street and/or district/ioint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case -by -case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off -site, or on -street See Subdivision 5 for more on off-street parking standards. 3. Parking ramps facing a public street must be lined on the street -facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened —as required in Subdivision 5. Comment [0]: Office is listed as a separate use based on staff comments. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 4. For new development occurring within the TOD Districts, on -street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. 5. Residential developments may previde for visiteF parking through on street andler distriGt�oint use pa rl �_ j lil i111 0 i;ljcl -- i ' o Floor Area Ratio (FAR)' 1.5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2. The above diagram is intended to show the proportion of usable open space required, but Lot Standards• not the exact location or distribution-pe -s .. See Subdivision 7 for more Lot Size None detaitsreguirements on usable open space nfs 2 Th. n d flnnr in all buildings in the mixed (a) Lot Width (b) Lot Depth 100 ft min Z_ct shall be built cornmercial ready. This fIG9F h61ilrlinn (c) Front Yard Setback (ft)' 0 min; 10 max applies to 80,14of the n .d n ,,;dth and the first 20 foot of depth from the buildiRg faGe-. (d) Side Yard Setback (ft) 0 min (e) Rear Yard Setback (ft) 0 min 43. Buildings exceeding 40 feet in width along (g) Usable Open Space ` 7% a street are required to incorporate articulation in street -facing facades. Articulation includes Impervious Surface Coverage 90% max recesses in the building fagade, material changes, or other methods of building Building articulation that break down the scale of large (h) Street Frontage 75% min 7 Draft - Eden Prairie TOD Ordinance July 4327, 2015 (f) Total Height (# of floors)' 4 min, max limited buildings and create visual interest. by language in the expel_„me Comprehensive*.o 5 r,,... ,na An�� _ ;iaenti1 ~midi.,, Plan + s� Commercial Use ground floor windows facing a primary transit street shall not preclude visibility in Subdivision 4.D this Qrd'nanGe.. (i) Ground Floor Height' 12 ft min Q) Upper Floors Stepback 8 ft min of (street facades only) (above 4 floors) ". 6. Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or public open space. (k) Fagade Articulation (street every 40 ft max facades only)4 Building entrances must be provided at least every sixty (60) feet along the primary transit street -facing facade of the building. (1) Ground Floor Transparency 60% min (street facades only) 5 7. Front Yard Setbacks may be increased if outdoor dining or usable open space is Entry Spacings 60-ft60 ft (applicable to proposed as part of a Planned Unit Commercial Uses Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, only retaining walls and structures, signs, or bicycle parking, etc. shall not project into the public right of way. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 B. Development Standards: Transit Oriented Development - Residential (TOD-R) STATEMENT OF POLICY: The Transit Oriented Development — Residential (TOD-R) district allows for a mix moderate to high -density housing, including stacked and attached residential building types, as well as limited mixed -use development. Land uses in the TOD-R district shall be residential with a small amount commercial uses (ground floor retail, services, and restaurants) that support the day-to-day needs of residents. The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit -supportive densities and pedestrian -oriented urban design. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. .. `,'- -- .% • ;pig Comment [r8]: Graphic to be revised to address ADA accessibility comment (stairs) District Diagram, Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types, as well as mixed -use building with active ground -floor uses. Requirements for street -fronted architecture and structured parking contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, gardens, and small front or side yards. Street -facing architectural details such as porches, stoops, and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 Commercial - Neighborhood commercial - Restaurants and food service Office - Business and professional offices Residential - Multiple -Family Dwellings Public - Libraries - Parks - Transit Facilities - Parking ramps 1. All commercial uses shall be limited to the street level floor of a building along primary transit streets. 2. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. 3. Drive-thrus are only allowed 4-serrtainedwhen the drive-thru lanes are internally located within the unary ap rking structure of ttea" building. • .. District spaces Multiple -Family Residential 1 per dwelling unit 1/ bedroom Visitor (Residential) Noneb 1/5 dwellings Retail Stores & Services 3/1,000 sq ft (G.F.A.) 5/1,000 sq ft(G.F. A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft (G.F.A.) 5/1000 sq ft Other As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1. All off-street parking for --residents in the TOD-R sub -district shall be provided in an enclosed building or structure.. Spa^^ except as follows: Residential visitor parking *6 not permitted. may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on -street and/or district/ioint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case -by -case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off -site, or on -street parking. See Subdivision 5 for more on off-street parking standards. 3. Parking ramps facing a public street must be must be appropriately screened —as required in Subdivision 5. 4. For new development occurring within the TOD Districts, on -street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. 10 Comment [r9]: Office listed as a separate use based on staff comments. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 Residential Density 25 dwelling units/acre min Lot Size None (a) Lot Width 50 ft min (b) Lot Depth 100 ft min (c) Front Yard Setback (ft) 444wit40min; 20 max (d) Side Yard Setback (ft) 10 min 11 IF a 1. Parking structures shall not be included in calculation of number of floors and FAR. 2. The above diagram is intended to show the proportion of usable open space required, but not the exact location or distribution peFse. See Subdivision 7 for more requirements on usable open space. 3. Buildings exceeding 30 feet in width along a street are required to incorporate articulation in street -facing fagades. Articulation includes recesses in the building fagade, material Comment [r10]: Graphic to be revised to address ADA accessibility comment (stairs) Comment [rll]: Revised based on staff comments Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 (e) Rear Yard Setback (ft) 20 min changes, or other methods of building articulation that break down the scale of large (g) Usable Open Space ` 10% buildings and create visual interest. 4. FAr rn* o,t- ,, ;;^d ^ ^4d^^t'^' buildings, Impervious Surface Coverage 75% max street Commercial Use ground floor Building• windows facing a primary transit street shall be 100 perGeRt Glen -mot preclude visibility+n (h) Street Frontage 60% min 9rdinanGP . (f) Total Height (# of floors)' 2 min, max is limited by language 5 ABS. Within the Commercial Use all buildings in the shall have a primary entrance facing a public Comprehensive sidewalk or public open space. Building Plan entrances must be provided at least every sixty (60) feet along the primary transit street -facing facade of the building. (i) Ground Floor Height 10 ft min Q) Upper Floors Stepback 8 ft min (street facades only) (a building step 6. Front Yard Setbacks may be increased if back is required outdoor dining or usable diniagopen space is above 4 floors) and proposed as part of a Planned Unit encouraged below Development. AwningsNotwithstanding the 4 floors) diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs, or (k) Facade Articulation (street Every 30 feet bicycle parking, etc. shall not project into the facades only) 3 public right of way. (1) Ground Floor Transparency 40% min (street facades only)4 Entry Spacings 6A-ft60 ft (applicable to Commercial Uses only) 12 Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 C. Development Standards: Transit Oriented Development - Employment (TOD-E) STATEMENT OF POLICY: The Transit Oriented Development — Employment (TOD-E) district allows for a mix of moderate- to high -density office, light industrial and institutional development with some allowance for limited commercial uses. The TOD-E district allows stacked office and mixed use buildings as well as multi -story flex buildings that can accommodate a range of living wage employment opportunities at higher densities. Retail, services, and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses. The TOD-E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit - supportive densities and pedestrian -oriented urban design. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram, Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings, as well as multistory flex buildings. Requirements for street -fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, plazas, and other types of open space. Street adjacent features such as a canopy, awnings, plazas, and courtyards create a safe and welcoming environment. 13 Draft - Eden Prairie TOD Ordinance July 4327, 2015 Commercial - Neighborhood commercial - Restaurants and food service Office - Business and professional offices Light Industrial - Manufacturing - Research and design - Wholesale - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit Facilities - Parking ramps 14 41. The ground floor in all buildings in the TOD-E district shall be commercial ready along the primary transit street. Comment [r12]: Office listed as a separate 2. INeighborhood Commercial individual tenant space use based on staff comments. shall not exceed 10,000 sq. 0. In area with the exception of grocery stores, which shall not exceed Comment [r13]: Revised so the requirement is specific to Neighborhood commercial uses 25,000 sq. ft. in area. based on staff, stakeholder and PC comments. 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 • ..TOD-E District Retail Stores & Services spacesspaces 3/1,000 sq ft (G.F. A.) 5/1,000 sq ft (G.F. A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft (G.F. A.) 5/1000 sq ft(G.F. A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1.O#AII off-street su#aee parking is permitted in the TOD-E diStFiGt. of the h, -old'ne (i a I son the building and the street). Parkipg istrict shall be provided to thrrear in an enclosed building or ,structure except as follows: visitor parking may be provided as surface parking is and the primaFy street but may hepermitted between the building and thebehind buildings or on secondary street (pFimwy and nn,t,n, street ae6'^nat'^n8 are aeter.n;nedtransit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through the site plan review process). on and/or districthoint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case -by -case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off -site, or on -street parking. See Subdivision 5 for more on off-street parking standards. 3. Parking ramps facing a public street must be must be appropriately screened--Seeas required in Subdivision 5. 4. For new development occurring within the TOD Districts, on -street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. 15 Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 Comment [r14]: Letter "IC'is a shadow showing articulation in the building front. StandardsDensity .. E District Performance Standards Floor Area Ratio (FAR)' 5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. StandardsLot •. E District 2. The above diagram is intended to show the Lot Size None proportion of usable open space required, but not the exact location or distribution per se. See (a) Lot Width 100 ft min Subdivision 7 for more requirements on usable open space. 3. Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street -facing facades. Articulation includes (b) Lot Depth 100 ft min (c) Front Yard Setback (ft)6 40 0 min; 20 max (d) Side Yard Setback (ft) 20 min recesses in the building facade, material changes, or other methods of building articulation that break down the scale of large buildings and create visual interest. (e) Rear Yard Setback (ft) 20 min (g) Usable Open Space ` 5% Impervious Surface Coverage 75% max 4 street .t faGln,g-Commercial Use ground floor windows facing a primary transit street shall be Building Standards - e (h) Street Frontage 60% min Inn peFGeRt 4e,.not preclude visibility in (f) Total Height (# of floors)' 2 min, max is 9rd+naaee—_ limited by language in the Comprehensive Plan 5 A115. Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at least every sixty (60) feet along the primary transit street -facing facade of the building. (i) Ground Floor Height 10 ft min 0) Upper Floors Stepback 8 ft min (street facades only) (a building step back is required 6- Front Yard Setbacks may be increased if 16 Draft - Eden Prairie TOD Ordinance July 4-327, 2015 above 4 floors and outdoor dining or usable d44Rgopen space is encouraged below proposed as part of a Planned Unit 4 floors) Development. Awning&Notwithstanding the diagram awnings, decks, overhangs, stairs, (k) Facade Articulation (street Every 50 feet steps, retaining walls and structures, signs, or facades only)3 bicycle parking, etc. shall not project into the public right of way. (1) Ground Floor Transparency 60% min (street facades only) 4 Entry Spacing a 60 ft (applicable to Commercial Uses only) 17 Comment [r15]: Specify for Commercial Uses Draft - Eden Prairie TOD Ordinance July 4327, 2015 ISubd. 4. Building Standards.) All buildings shall provide pedestrian -oriented design features along streets, sidewalks, pedestrian ways, and pedestrian areas. Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. Building entraRG86 shall be provided at least eveFy 6iYAy (60) feet aleng the stFeet faGiRg Side, of the h, iilding-. plazas OPGOUrtyards. BuildiRg e_ntrAnGe,; ;hAll h open to the publiG dWFiRg all business hours . B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk, or pedestrian way, utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars, unique building materials and/or architectural details. Residential buildings shall incorporate elements such as porches, stoops, and balconies that enhance the safety and comfort of the public realm. C. LaFge buildiagsBuildings are required to incorporate articulation in street -facing facades whieh ^ates the impFessien that ^^e hu ^idi^^ I6 tWe eF mere hu ^idiRgs,that improves the building's overall composition and aesthetic, and contributes to a more aesthetically and visually interesting and walkable street environment. Articulation includes recesses in the building fagade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. D. For M.xed—use and non residential buildings, windows on street facing ground floor fades shall. not frontage tran ments specific to each district. Subd. 5. Off -Street Vehicle Parking Standards Off stFeet suFfaGe paFking is pFohibited On fFent of buildings (i.e. between the building and the stFeet).' A—._ Parking shall be provided to the rear or side of buildings. For properties that abut multiple streets (i.e. GoFner lots), surfaGe paFking us pFehibited between the building and the pFimaFy street, but may designations are determined. through the site plan Feview pFE)Gess\ B. Allg Parking structures shall be d^si^^^d t^ be adaptable far nen_pad,ing r n the f„t„re located behind buildings or located along secondary streets. C. Parking structure facades visible from public streets and public Open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements, and color. Parking structures shall include architectural elements that enhance the structure, break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement 18 Comment [r16]: Language revised based on PC feedback and redundancies removed. Comment [r17]: Removed to avoid redundancy. Comment [r18]: Language included in each Performance Standard for each District. Removed to avoid redundancy. Draft - Eden Prairie TOD Ordinance July 4- 27, 2015 include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, fagade treatment variations, and locating tenant signs on the side of parking ramps. D. Parking structures may also incorporate liner buildings that screen the parking structure with active street -level uses. Liner building may include upper floor uses, or may utilize appropriate architectural elements as described above. Subd. 6. Off-street Pedestrian/8"Bicycle Facility Standards.) A. An off-street sidewalk or multi -use trail shall be provided that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part of an approved city trail plan or CIP. B. Off -Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy or enlargement of a structure: 1. Office - minimum of 10 spaces, plus 1 space per 5,0007,500 square feet of gross floor area 2. Commercial — minimum of 10 spaces, plus 1 space per 24003, 000 square feet of gross floor area. 3. Public —minimum of 10 spaces, plus 1 space per 2-,G003, 000 square feet of gross floor area. 4. Light Industrial — minimum of 10 spaces, plus 1 space per 10,000 square feet of gross floor area. 5. Residential - 1 space per 2 dwelling units. C. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks.- exceot as aooroved throuah a shared bicvcle plan as referenced in Sub. 6. F.. D. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking shall be included within the proof of bicycle parking plan. E. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. F. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The property owner or applicant shall demonstrate meeting the requirement through a joint use, district or shared parking agreement. G. Proof of Bicycle Parking. If it is demonstrated that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed initially. The area of future parking shall be landscaped, but that landscaping shall not be used to satisfy landscaping requirements. Any spaces not constructed, as shown on the site plan, shall be constructed when determined necessary by the City Planner (or designee). The City Planner (or designee) shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. 1. No more than 2-550 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd. 7. Landscaping and Open Space Standards.) 19 Comment [r19]: Revisions to this subdivision based on Planning Commission and stakeholder feedback. Comment [r20]: Revisions to this subdivision based on staff, Planning Commission and stakeholder feedback. Caliper inch -tree requirements are based on the Town Center ordinance. Draft - Eden Prairie TOD Ordinance July 4527, 2015 A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Items 4.(a) and 4.(b): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height. 2. Total Caliper Inches Required: A minimum of three (3) caliper inches of trees shall be provided for every 500 square feet of devele^pableon-site pervious surface area or portion thereof. Planting beds and/or decorative planting containers of 500 square feet or more may replace three (3) caliper inches of trees up to 50 percent of the caliper inches required for trees. 3—Planting Beds and/or Decorative Planting Containers: May i^^L 1 de shrubs, a .nent^l gFaS686, n.d ..ViRes, aRRuals, .GIs aR d shell henyi.ded tG s nlete a qualitylandscape treatment of the sate; hh^A minimum requirernents shall be as fellows: GRe (1) &hfubof six L shrubs per a 000500 square feet of devetepableon-site pervious surface area or x (6) shrubs per 50 lineal feet of site perimeter. Native plant materiels ^ encouraged. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. A variety of species including shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color shall be included... required fer trees however not mere then 40 n ent of the Ia Rdssanin^ shell he a. b. 4 B. Due to the urban character of the TOD District, less landscaping space will be available typically than in other zoning districts. Therefore a higher level of landscaping design detail is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Examples of a higher level of landscaping design include rooftop gardens and green roofs, both of which are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Other privately owned amenities are encouraged, such as plazas, courtyards, fountains, outdoor art, roof top gardens and green roofs, and other decorative elements. C. The following privately owned and maintained pubes open spaseUsable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket pa* ark: A Pocket parkPark is an open space of no less than .05 acres in size that is available for recreation. A peeket pa Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape. A pocket park may consist of a landscaped and maintained lawn, trees, and seating areas that are naturalistically disposed. 2. Square: An open space available for passive recreation and civic purposes. A-squareA Square Usable open Space is spatially defined by building frontages. Its landscape shall consist of paths, lawns, trees, hardscape, and public art formally disposed. SquaresSquare Usable Open Spaces shall be located at the intersection of important main streets. There shall be no minimum size for a square. 20 Draft - Eden Prairie TOD Ordinance July 4327, 2015 3. Plaza: An open space available for public use, community events, and/or commercial activities. A plazaA Plaza Usable Open Space shall be spatially defined by building frontages. Its landscape shall consist primarily of hardscape, plantings, public art, and trees. There shall be no minimum size for a plazaPlaza. 4. Play areaArea: An open space designed and equipped for the recreation of children. A play areaPlay Area shall be fenced and may include an open shelter. Play areas shall be interspersed within residential or mixed use areas and may be placed within a block. Play areas may be included within parks and greens. There shall be no minimum or maximum size. 5. Pedestrian way: Natural or landscaped walking paths and running trails. LandscapeD. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or fes',�klen'tenant access during normal business hours_ for the area shall not «i.,,.e usable outdoor open space. Subd. 8. Supplemental Analysis or Study.l A. Traffic All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development. The extent of the traffic analysis is dependent on several factors including the size, type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications, regardless of size, shall document the size and type of the proposed development and provide Daily, AM Peak, and PM Peak traffic generation estimates for the development. B. TDM All new development applications for office and light industrial uses rnustshall include a Travel Demand Management (TDM) plan. The plan shall document TDM measures to be implemented, a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include, but are not limited to, financial incentives for carpoolers, vanpoolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite. C. Parking All development and zoning projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case - by —case basis as part of the development review process. Dependent on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. 21 Comment [r21]: Revised language to this section is based on existing best practices used by the City. Comment [r22]: Language was added based on Planning Commission feedback. Draft - Eden Prairie TOD Ordinance July -1327, 2015 Subd. 9. Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K) of Chapter 11 of the Citv Code. Subd. 10. Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 11. Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 12. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off -Street Loading Facilities standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the Citv CodeJ §ubd. 13. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55, SubdAj 22 Comment [r23]: Language included to reference Chapter 11 of the City Code. Formatted: Font: Bold Comment Uk241: Language added to exempt TOD from tree replacement requirements based on staff input. Hennepin County 2040 Bicycle Transportation Plan Appendix F. Bicycle parking standards Hennepin County Bicycle Parking Standards Secure, abundant, well -designed bicycle parking is a crucial element of bicycle friendly communities. Bicycle parking encourages people to ride to their destination knowing that they will have a safe and convenient place to lock their bike. It also ensures that bicycles will be locked up in an organized fashion; when bicycle parking is insufficient, bicyclists use trees, fences, and railings, which may damage trees, block sidewalks, or impede wheelchair access to a facility. Finally, the provision of bicycle parking outside businesses, schools, libraries, and other facilities demonstrates an understanding that bicycling is a healthy, environmentally friendly mode of transportation, and shows a commitment to sustainable transportation. Hennepin County created these Bicycle Parking Standards in order to demonstrate a commitment to bicycling as a mode of transportation and to standardize and improve the quality and quantity of bicycle parking in Hennepin County. These standards are intended to be applied specifically to Transit Oriented Development projects, transit and station area planning efforts, Hennepin County Property Services projects, road design or multi -use path projects, and any other site planning or construction efforts conducted by Hennepin County. Considering the need for bicycle parking early in project planning will ensure that bicyclists' needs are not overlooked and that Hennepin County residents have the opportunity to live a healthy, active lifestyle. Part 1: Definition of short and long term parking Bicyclists have different parking needs depending on how long the bicycle will be parked and what level of security is needed. Short term parking (less than two hours) • Simple bike racks (see design guidelines in part 2 below) • Unsheltered • Accessible to the public (on -street, in public parking areas or other public areas) • Typical locations include: o Commercial, entertainment, and retail facilities o Medical / health care complexes o Parks and recreation facilities o Libraries and civic buildings o Community centers o Schools and colleges Long term parking (longer than two hours) • Secured and limited access (fenced in "cage," secure room or garage, locker) • Sheltered from weather by at least a roof; shelters that protect from wind, rain, and snow are preferable to fences. • Typical locations include: o Apartment buildings or multifamily residences o Places of employment o Transit stations o Schools and colleges Part 2: Bike Rack Design Bicycle racks must: • Support the bicycle in at least two places. This prevents the bike from falling over. • Allow bicyclists to lock the frame and one wheel with a U-lock. • Be securely anchored to the ground (see Part 3). • Resist cutting, rusting, bending, or other deformation. Recommended bike racks: Inverted U or "arc"- can stand alone for curbside use or multiple parallel racks can be installed for high density uses in bike corrals. Figure 1: Inverted U or Arc • "D" shaped or "swerve" racks- can stand alone for curbside use or multiple parallel racks can be installed for high density uses in bike corrals Figure 2: Swerve bike racks (Photo credit: Dero Bike Racks) Post and ring / "bike hitch"- great for curbside uses and can be added to parking meters. Figure 3: Post and ring / Bike hitch • "Coathanger" / "campus" rack- great for high density use outside businesses or schools n Figure 4: Coat hanger bike rack Creative / artistic bike racks- must meet bike rack design guidelines outlined above; limited use recommended in high bicycle traffic areas because creative racks often hold few bikes. Figure 5: Creative bike rack Additionally, for indoor and/or secure bike facilities, the following racks are recommended: Wall mounted racks; supports bicycle in a hanging position Figure 6: Hanging bicycle racks (Photo credit: nycbikestorage) • Two-tier or double decker bike racks; space efficient in order to accommodate large volumes of bikes. Figure 7: Two -tiered bike rack (Photo credit: bikerackshops.com) Bike racks that are NOT recommended: • Undulating / "snake"- provides only one point of contact and does not fit intended number of bicycles. Often used incorrectly. Figure 8: Snake bike racks do not fit the intended number of bikes and are often used incorrectly. • Comb / "schoolyard" — may damage front wheel and does not allow users to lock both the frame and one wheel to the rack. Figure 9: Comb bike racks are NOT recommended. • Spiral- provides only one point of contact, allowing bicycles to fall over. Figure 10: Spiral bike racks are NOT recommended. • "Toast" or any other racks that support the front wheel but do not support the frame- may damage front wheel and does not allow users to lock both the frame and one wheel to the rack. Figure 11: Toast racks are NOT recommended (Photo credit: bikingintheay.com) Bicycle lockers are not recommended because they are inefficient in terms of both cost and space. Bicycle lockers may be appropriate in low density areas if less than six long term bicycle parking spots are needed. If lockers are used, electronic lockers (first come first served with keycard access) are strongly recommended over lockers leased to specific individuals. Bicycle lockers must be within 100 feet of the main pedestrian entrance. Figure12: Bicycle lockers are NOT recommended because they are expensive and take up a lot of space. Part 3: Anchoring bike racks Bike racks must be securely attached to the ground or, with vertical bike racks, to the wall. The base of the rack can be secured through the following methods: • Embedding the leg in concrete or asphalt. Figure 13: Bike rack leg embedded in concrete • Bolting each leg or the base of the bike rack securely to the surface using wedge anchor bolts or tamper -proof spikes. Figure 14: Bike rack leg bolted to ground • For bike racks that are mounted on rails, the rail must be bolted to the ground. • For concrete post tensioned floors, bike racks may be anchored using industrial adhesive. In this situation, racks should be in limited access areas (in a locked cage or room). Part 4: Location of bike parking Short term bike racks must be: • No more than 50 feet from a main pedestrian accessible entrance. If multiple entrances exist, place signage at secondary entrances to direct bicyclists to bicycle parking or install bike racks at each location. • Clearly visible from the destination (main entry). • In a high traffic area. • In a well -lit area. • If possible, protected by existing structures such as overhangs or awnings. Long term bike racks must be: • Controlled access (users need a key, fob, or passcode to get in) • If located outside the building, must be less than 50 feet from a main pedestrian accessible entrance. • Well lit • Protected from the weather by at least a roof; shelters that protect from wind, rain, and snow are preferable to fences. • If possible, visible surveillance cameras or nearby security guards greatly enhance security. • Note: Bike lockers are NOT recommended for urban or suburban settings. They may be appropriate in rural or exurban settings where demand for long term bike parking is limited to less than six spots. Part 5: Site layout Short Term Short term bicycle parking is located near the curb or the main entrance of retail or commercial centers. Bike racks may be single (serving up to 2 bikes) or installed in series. As seen in Figure 15 below, bike racks must be: • At least 14 inches away from the curb. • Buffered from walls and trees by at least 2 feet in the front and back (recommended distance is 3 ft) and at least 2 feet on each side (recommended distance is 3 ft). • Bike racks must be spaced at least 2.5 feet apart (recommended distance is 3 ft). Multiple Bike Rack Single Bike Rack parking area parking area 6feet min. 0 or 2 stalls] 6 feet min- 2 feet 2 feet 2 feet , . 2 feet T mm- min- 2 feet minimum end stall Bike Rack --. 2.5 feet minimum between Racks Hard or soft, lave Isurface Figure 15: Bicycle Parking Layout (Credit: City of Salt Lake City, UT) Important: Bike racks must not obstruct sidewalks, doorways, or bus stops. In situations where sidewalks are narrow, bike racks must be installed so bicycles must park parallel to the curb in order to ensure the sidewalk is not obstructed. With wider sidewalks, bike racks may be angled in order to fit more bikes, but in all cases a 5 ft pedestrian zone must be maintained. Long term Long term parking must be in a fenced -in corral, secure shelter, or indoor room and will likely be high density. Flat high density bicycle parking must meet the minimum spacing requirements listed above under short term layout requirements. • In high density settings, access aisles of at least 4 feet are recommended to facilitate access. • Following these requirements, on a flat surface, as many as 40 bikes can fit in an area that is approximately 25 feet by 16 feet: Amen Aek I Figure 16: Sample layout for bike room or corral (Credit: Dero Bike Racks) Vertical bicycle racks allow greater density in bicycle parking and may be spaced closer together than the requirements in Figure 15. If vertical bicycle racks are used, at 20 ft by 20 ft space can fit 60 bikes: 16' H oauioo■�mmo IMMUNE ■n�n■n 29' 40' 36' Figure 17: Sample layout for vertical bicycle parking (Credit: Dero Bike Racks) Part 6: Showers and Changing Facilities Where possible, bicycle commuters should be provided with convenient access to showers, changing facilities, and lockers. These facilities promote employee health in a number of ways: • Encourage bicycle commuting- Employees who bicycle commute for longer distances, who encounter rainy or hot weather, or who need to change into formal attire will not bicycle commute without end of trip shower facilities. • Encourage daily physical activity- Shower facilities allow employees to go jogging or walking before or after work. They are often offered in conjunction with fitness centers or workout rooms, increasing opportunities for many kinds of physical activity. Employers can provide showers and changing facilities by: • Building showers and changing facilities in new buildings and installing them in existing buildings. • Creating an agreement with a gym or recreational facility to allow bicycle commuters access to their showers and changing facilities. • Supporting a central bicycle parking and commuter center that provides bicycle parking and shower facilities to employees who work in the area. Part 7: Minimum parking requirements A. Urban areas, first ring or dense suburbs, and within'/4 mile of a light rail or bus rapid transit station: Type of use Long term bicycle parking Short term bicycle parking requirements requirements Commercial Office: 1 space for each 10,000 Office: 1 space for each 5,000 s.f. of floor area, minimum of 2 s.f. of floor area, minimum of 2 spaces. spaces. Retail: 1 space for each 10,000 Retail: 1 space for each 2,000 s.f. s.f. of floor area; minimum of 2 of floor area, minimum of 2 spaces. spaces. Multi -Family Residential 0.5 spaces for each bedroom 0.1 for each bedroom; minimum of 2 spaces Institutional / public uses 1 per 10,000 s.f. of floor area or 1 per 2,000 s.f. of floor area; (museums, libraries, hospitals, 1 space per 20 employees; minimum of 6 spaces. religious uses, etc). minimum of 2 spaces. Manufacturing / Industrial 1 space per 10,000 s.f. of floor None required; consider area; minimum of 2 spaces. minimum of 2 spots at public building entrance. Transit stations LRT or BRT stations: Spaces for LRT or BRT stations: Spaces for 4% of daily boardin s. 1.5% of daily boardin s. Park and rides: minimum of 12 Park and rides: minimum of 6 spaces spaces Note: Bicycle lockers are NOT recommended for long term parking if more than six long term parking spots are needed. Electronic lockers (first come first served with keycard access) are strongly recommended over lockers leased to individuals. B. For low density suburban, exurban, or rural areas, use these requirements: Type of use Long term bicycle parking requirements Short term bicycle parking requirements Commercial 1 space for each 12,000 s.£ of Office: 1 space for each 20,000 floor area; minimum of 2 spaces. s.f. of floor area, minimum of 2 spaces. Retail: 1 space for each 5,000 s.f. of floor area, minimum of 2 spaces. Multi -Family Residential 0.5 spaces for each bedroom 0.05 for each bedroom; minimum of 2 spaces Institutional / public uses 1 per 30 employees; minimum of 1 per 5,000 s.f. of floor area; (museums, libraries, hospitals, 2 spaces minimum of 4 spaces. religious uses, etc). Manufacturing / Industrial 1 space per 15,000 s.f. of floor None required; consider area; minimum of 2 spaces. minimum of 2 at public building entrance. Transit stations LRT or BRT stations: Spaces for LRT or BRT stations: Spaces for 4% of daily boardin s. 1.5% of daily boardin s. Park and rides: minimum of 6 Park and rides: minimum of 6 spaces spaces Note: Bicycle lockers may be a good fit for long term parking in low density areas where less than six long term parking spaces are needed. Electronic lockers (first come first served with keycard access) are strongly recommended over lockers leased to individuals. Hennepin County Bicycle Parking Standards- Checklist ❑ Does the site have at least the minimum required amount of both short and long term parking? (see pages 10-11) Do bicycle racks fit design guidelines? (see page 2-7) Bicycle racks must: • support the bicycle in at least two places ❑ • allow bicyclists to lock the frame and one wheel with a U-lock • resist cutting, bending, or other deformation. Reminder: Avoid spiral, wave, comb, and toast bicycle racks ❑ Are bicycle racks securely anchored to the ground? (see page 7) ❑ Are bicycle racks located less than 50 feet from a main pedestrian entrance? ❑ Are short term bicycle racks clearly visible from the main entrance and in a well -lit, high traffic area? (see page 8) ❑ Are long term bicycle racks limited access, well -lit, and protected from weather? see page 8 ❑ Are bicycle parking areas designed according to minimum spacing standards? (see pages 8-10) MINNESOTA STATUTES 2014 462.357 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE. Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 216C.06, flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for purchase of development rights by the governing body in the form of conservation easements under chapter 84C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. Subd. la. Certain zoning ordinances. A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot -size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995, if the manu- factured home park, when constructed, complied with the then existing density, lot -size and setback re- quirements. Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14, subdivision 3, is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Subd. 1 c. Amortization prohibited. Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision does not apply to adults - only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. Subd. ld. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, as defined in section 561.01, or eliminating a use Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 462.357 MINNESOTA STATUTES 2014 2 determined to be a public nuisance, as defined in section 617.81, subdivision 2, paragraph (a), clauses (i) to (ix), without payment of compensation. Subd. 1 e. Nonconformities. (a) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable reg- ulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults -only bookstores, adults - only theaters, or similar adults -only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d) Paragraphs (d) to 0) apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to paragraphs (d) to 0). (e) A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) all structure and septic system setback distance requirements can be met; (2) a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and (3) the impervious surface coverage does not exceed 25 percent of the lot. (f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2014 462.357 (1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; (2) the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3) impervious surface coverage must not exceed 25 percent of each lot; and (4) development of the lot must be consistent with an adopted comprehensive plan. (g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (h) Notwithstanding paragraph (f), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (i) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation -designed actions. 0) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Subd. If. Substandard structures. Notwithstanding subdivision le, Minnesota Rules, parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the Lower Saint Croix National Scenic Riverway. Subd. 1 g. Feedlot zoning controls. (a) A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b) Prior to final approval of a feedlot zoning control, the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to the commissioner of agriculture and request review, comment, and recommendations on the environmental and agricultural effects from specific provisions in the ordinance. (c) The agencies' response to the municipality may include: (1) any recommendations for improvements in the ordinance; and (2) the legal, social, economic, or scientific justification for each recommendation under clause (1). (d) At the request of the municipality's governing body, the municipality must prepare a report on the economic effects from specific provisions in the ordinance. Economic analysis must state whether the ordinance will affect the local economy and describe the kinds of businesses affected and the projected Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 462.357 MINNESOTA STATUTES 2014 4 impact the proposal will have on those businesses. To assist the municipality, the commissioner of agriculture, in cooperation with the Department of Employment and Economic Development, must develop a template for measuring local economic effects and make it available to the municipality. The report must be submitted to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e) A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358, sub- division 6. Subd. lh. Comprehensive plans in greater Minnesota; open spaces. When adopting or updating a comprehensive plan in a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and that is located outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land and the minimization of development in sensitive shoreland areas. Within three years of updating the comprehensive plan, the municipality shall consider adopting ordinances as part of the municipality's official controls that encourage the imple- mentation of the goals and objectives. Subd. 2. General requirements. (a) At any time after the adoption of a land use plan for the mu- nicipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2014 462.357 amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. 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. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 462.357 MINNESOTA STATUTES 2014 6 affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Subd. 6a. Normal residential surroundings for persons with disabilities. It is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. Subd. 9. Development goals and objectives. In adopting official controls after July 1, 2008, in a mu- nicipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives: (1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes; (2) minimizing further development in sensitive shoreland areas; (3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers; (4) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, en- couraging full development of areas previously zoned for nonagricultural uses; (5) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers; Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2014 462.357 (6) identification of areas where other developments are appropriate; and (7) other goals and objectives a municipality may identify. History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66, 67; 1994 c 473 s 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14; 2002 c 366 s 6, 2004 c 258 s 2; 2005 c 56 s 1; 1 Sp2005 c I art I s 92; art 2 s 146; 2007 c 140 art 12 s 14; 2008 c 297 art I s 60, 61; 2009 c 149 s 3; 2011 c 19 s 2 Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. SECTION 11.03. ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS. Subd. 6. Site Plan and Architectural Design Review. A. Approval Required. No building permit shall be issued for the construction of any (i) building or structure situated or to be constructed within any District, except, (a) those within the Rural District or One -Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One -Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. No building permit shall be issued for the construction of an alteration or enlargement of a (i) building or structure situated within any District, except, (a) those within the Rural District or One -Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure, including but not limited to Rural and One -Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as herein after provided. The approval of a Site Plan and Architectural Design shall be effective for a period of two years from the date first approved by the Council, provided however, the Council may within the two year period (or any extension thereof as hereinafter provided) extend the two year period for an additional period or periods of two years each. Source: Ordinance No. 25-89 Effective Date: 8-17-89 Source: Ordinance No. 1-89 Effective Date: 3-9-89 B. Exceptions. The provisions of this subdivision shall not apply to the issuance of a building permit for (a) a building or structure to be built or constructed on land in conformity with a Site Plan approved prior to February 21, 1989, but not more than two years prior to issuance of the building permit by the City Council in connection with the rezoning or platting of the land, or (b) the building or alteration of an antenna or tower except an antenna or tower which is greater than eighty (80) feet in height. The City Planner may determine that an alteration or enlargement of a building or structure is minor and does not require conformance with an approved Site Plan and Architectural Design or an amendment thereof, provided however, if the Director shall not make such a determination an owner of the land on which the building or structure intended to be altered or enlarged is situated may request the Council to make such determination. Source: Ordinance No. 27-97 Effective Date: 6-13-97 Source: Ordinance No. 1-89 Effective Date: 3-9-89 C. The terms "Site Plan and Architectural Design" as used in this subdivision mean a plan produced in written, graphic and/or pictorial form prepared by a registered architect, landscape architect or engineer which shall include the following: (1) a detailed natural systems analysis which documents existing physical features such as vegetation, soil types, slopes, hydrologic systems, wildlife, and ecology, (2) proposed construction of all site alterations including grading, drainage, utilities, and storm sewer, (3) building locations, (4) landscaping and screening, (5) lighting, (6) plans for all pylon, monument, and building signs, (7) an architectural plan of the exterior of the building or structure intended to be constructed, altered, or enlarged situated on the site depicting the building elevation, including its height from the surface of the ground in its altered or finished condition; its width and depth, its location in relation to the land on which it is situated, and its external appearance such as materials, texture and color, and (8) such other information as may reasonably be required by the City. D. The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the City Planner on the form provided by the City Planner and containing the information required by such form accompanied by a Site Plan and Architectural Design, together with such further information as may reasonably be required by the City Planner. E. A Site Plan and Architectural Design may be evaluated by the Council according to its compliance with the following standards and provisions: 1. Adherence to, and consistency with, the City's policies and objectives as reflected in the Comprehensive Guide Plan; 2. Adherence to, and consistency with, the City's Code relating to zoning and the subdivision of land. 3. The preservation and enhancement of the natural and built environment as well as those modifications already effected by development and construction upon the land, including the minimization of. tree loss, soil removal, wetland, floodplain, lake and creek encroachment; and the maintenance of the general natural topography or physical grade of the land consistent with that of adjoining properties. 4. Maintenance of open space to provide a desirable environment both for occupants of the site and the general public. 5. Transitions where there are differences in land use, building mass, height, densities, and site intensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks, berming, plantings, larger lot sizes, lower densities, lower flood area ratios, and smaller buildings. 6. Provision for safe and convenient vehicle and pedestrian traffic, including interior drives and parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points, and the separation of vehicular and pedestrian traffic. 7. The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors, vibrations, dust, loading areas, parking areas, and refuse areas. 8. Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity. 9. Such other conditions and criteria as are reasonably related to the health, safety and welfare of the residents of the City and to preservation of the environment. Source: Ordinance No. 1-89 Effective Date: 3-9-89 10. Preservation of Heritage Preservation Sites as designated by the Council pursuant to Section 11.05 and adherence to, and consistency with, the City's policies and objectives as reflected in the Heritage Preservation Site Program. Source: Ordinance No. 38-90 Effective Date: 12-7-90 F. The Site Plan and Architectural Design may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the Planning Commission for its study and report. No approval shall be given until a public hearing has been held thereon by the Council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days before the day of the hearing. A notice shall be mailed at least ten (10) days before the day of the hearing to each owner of property situated wholly or partly within five hundred (500) feet of the property to which the requested approval relates. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice shall not invalidate the proceeding provided a bonafide attempt to comply with this provision has been made. Approval of the Council shall require a two-thirds vote of all the members of the Council. Source: Ordinance No. 27-97 Effective Date: 6-13-97 Source: Ordinance No. 1-89 Effective Date: 3-9-89 SECTION 11.40. PLANNED UNIT DEVELOPMENT (PUD) CONCEPT. Subd. 1. PUD Concept Review. Any person or persons who may apply for a PUD may request a concept review ("PUD Concept Review") with respect to land which may be subject to a PUD. The purpose of a PUD Concept Review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD Concept Review shall consist generally of an informal consideration by the Planning Commission and the Council of such person's PUD proposal. PUD Concept Review may be held with a public hearing. An application of PUD Concept Review may provide such information with respect to the request as the applicant shall deem appropriate in consultation with the City Planner. An applicant for PUD Concept Review shall pay all fees and costs provided for in this Chapter. Upon conclusion of a PUD Concept Review the Planning Commission and Council may make such recommendations and comments and take such action with respect to the proposal as they deem appropriate, provided, however, no approval under this Section shall constitute, or in the future require, approval or formal establishment or designation of a PUD, zoning or subdivision by the Council of the land which is the subject of the PUD Concept Review. Subd. 2. Definition. As used in this Section, the term "original district" means a zoning district described in this Chapter. Subd. 3. Zoning District Supplement. Planned Unit Development District ("PUD") is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Chapter. Subd. 4. Purpose. The purpose of this Section is to: (1) Encourage a more creative and efficient approach to the use of land in the City; (2) Allow variety in the types of environment available to the people of the City; (3) Encourage more efficient allocation and maintenance of privately controlled common open space through the distribution of overall density of population and intensity of land use where such arrangement is desirable and feasible; and, (4) Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the provisions of this Chapter and Chapter 12 (relating to subdivisions) of this Code while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City and its inhabitants. Subd. 5. Designation. All PUD's shall be designated in the legal description of the original district being supplemented. Subd.6. Repealed. Source: City Code Effective Date: 9-17-82 Source: Ordinance No. 3-2000 Effective Date: 1-27-2000 Subd. 7. Permitted Uses. The permitted uses set forth in this Chapter pertaining to the original district or districts within a PUD shall apply to and be permitted uses in that part of a PUD in which such a district is encompassed, except as such use or uses may be limited by a development plan, an agreement or imposed by the City as a condition to approval of the PUD. Subd. 8. Zoning and Subdivision Standards and Requirements. All standards and provisions relating to an original district as set forth in this Chapter and to the subdivision of land as set forth in Chapter 12 (if land which is the subject of a PUD is or will be subdivided in connection with a PUD) shall apply to an original district situated within a PUD and to such land subdivided or to be subdivided unless any such standards or requirement has been modified or waived as provided in Subparagraph A and B hereof. A. Any standard or provision, except permitted uses, set forth in this Chapter relating to an original district may be waived or modified by the City provided the ordinance relating to such PUD sets forth specifically or by reference to a development plan or an agreement such modification or waiver. B. Any standard or provision set forth in Chapter 12 relating to the subdivision of land which is the subject of a PUD and is being or will be subdivided in connection with a PUD may be waived or modified as provided in Chapter 12. Subd. 9. Application. An applicant for a PUD shall submit in the application all of the material required by this Chapter for rezoning and if land encompassed within the PUD is to be subdivided, all of the material required by Chapter 12 of this Code relating to the subdivision of land. In addition, an applicant shall submit the following information: A. Project Identification. The following and such other information as is necessary to clearly and completely describe the project shall be provided: 1. Ownership. Identify all owners legal and equitable of and all encumbrances and easements upon the land within the proposed PUD. 2. Developer. Identify all parties involved in the development, including their previous experience and the nature and extent of their participation. 3. Financing of Project. Identify the source and type of financing of the project, including financing such as: Municipal Industrial Development Revenue Bonds, Housing Revenue Bonds, or otherwise. 4. Development Method. Describe what will be done with the project, if approved, and who will do it. Will the property be marketed undeveloped; rough graded; developed; or will the developer carry the project through actual construction of structures? Will structures be retained, sold, or leased? 5. Development Timing. Specify timing of each stage of development from initial site development through building construction. Any phasing of different portions of the project should be clearly explained. 6. Critical Public Decisions. Identify all governmental agencies which have review authority over any portion of the development, what aspect of the project required their review, and what approvals are necessary. Explain what public improvements would be necessary to serve the project, such as: utilities, roads, road improvements, parks, schools, etc. 7. Other Information. Include any other information necessary to explain the unique characteristics of the project. B. Plan Area Identification. Provide the following to identify the land included in the proposed PUD. 1. PUD Boundaries. A plan clearly denoting overall project boundaries. 2. PUD Area. A plan which shows the overall PUD area as well as all parcels and their ownership within 1000 feet of the PUD. 3. Regional Relationships. A description of regional factors the plan is predicated upon such as: market area, population centers, major roads, railroad, airport, proximity to Regional Services, etc. Also describe any impact the PUD would have on Regional Services and Systems. 4. Existing Land Use and Occupancy. 5. Existing Transportation Systems. Describe how the land within the PUD will be served by transportation systems and provide an analysis of the PUD's impact upon such transportation systems. If transportation systems are not adequate to accommodate the traffic expected from the development, describe improvements necessary. Illustrate how the plan provides for pedestrian and bicycle sidewalks and trails and how they tie into the City-wide system. 6. Existing Zoning. A map which shows the existing zoning and zoning of adjacent parcels. A listing of any zoning district changes or variances from City Code provisions should be provided. 7. Guide Plan and PUD Concept Framework. A map which shows the Guide Plan Designation of the project and surrounding uses. If the plan was originally part of a PUD Concept Review, the plan reviewed should be submitted together with a comparative analysis of the proposed PUD. 8. General Analysis and Conclusions. C. Plan Area Analysis. Provide the following relating to analysis of the plan: 1. Two -foot contour topographic map depicting existing and proposed contours should be submitted at a scale of 1" = 100'. 2. A soils map depicting surface and subsurface conditions that may affect construction. 3. A map depicting vegetation of the site with detailed locations of trees 12" or over in diameter. 4. All water, streams, lakes, marsh, ponds, drainage, subsurface, flood plains, should be denoted on a site plan. 5. Photographs of the site sufficient to convey its general visual qualities and relationship to area and proposed development. 6. A general discussion of natural ecological factors, analysis and conclusions. 7. A utility plan which illustrates the easements, and general sewer, water, and power services to all uses. 8. Preliminary architectural drawings depicting normal detail achieved during "design development phase" of architectural design process (does not include single family detached housing). 9. Legal instruments for plan implementation including homeowner's association documents, scenic, pathway, drainage, or other easements and private documents, etc. 10. Housing or land/building use profile including computations of gross/leasable square footage, housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc. 11. A map drawn to scale of 1" = 200' showing roads, structures, lakes, streams, ponds, wetlands, floodplains, vegetation, topography, utilities, sidewalks, trails, parks, zoning, and land use within 1,000 feet of the boundaries of a proposed PUD and an analysis of the impact the PUD would have on the above referenced items. D. Fees and Costs. Applications for a PUD shall be filed at the office of the City Planner. A non-refundable application fee in the amount established by the Council by resolution to defray administrative costs shall accompany each application. A deposit established by the City Planner shall accompany the application. The deposit or a portion thereof, will be refunded after final Council action on the proposal if the total sum is greater than the administrative review cost, which may include, but not be limited to: 1. Consultant fees assisting in City review. 2. City Staff time expended in specific development review. 3. Mailing, legal notices and other administrative costs. 4. Any other reasonable costs incurred by the City in review of the proposal. Full payment by the proponent of all fees and costs for City review must be made prior to consideration of the application. Subd. 10. Public Hearing. A public hearing on an application for a PUD shall be held before both the Planning Commission and the Council. A notice of the time, place, and purpose of each hearing shall be published in the official newspaper at least ten days prior to the day of the hearing. When a PUD involves changes in district boundaries, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the PUD relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. A. An application for a PUD may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date of referral to the Planning Commission. B. In the event land within a PUD is or will be subdivided in connection with a PUD, such subdivision pursuant to, or any waiver or modification of any provision of, Chapter 12 may be approved only upon compliance with such additional procedures as are set forth in Chapter 12. Source: City Code Effective Date: 9-17-82 Subd. 11 Findings Required. The findings necessary for approval of a PUD shall be as follows: A. The proposed development is not in conflict with the goals of the Guide Plan of the City. B. The proposed development is designed in such a manner to form a desirable and unified environment within its own boundaries. C. Any exceptions to the standard requirements of this Chapter and Chapter 12 of this Code are justified by the design of the development. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit, and the PUD shall be consistent with an approved PUD Concept. Source: Ordinance No. 24-91 Effective Date: 12-5-91 Subd. 12. Revisions and Amendments. A. Minor changes in the location, placement and height of buildings or structures as well as other matters set forth in the development plan, or any agreement, except as described in Subparagraph B below, may be authorized by the City Planner if required by engineering or other circumstances not foreseen at the time the final development plan was approved. B. Changes in uses as well as any modification or waiver of any standard or requirement relating to an original district or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures applicable to amendments of this Chapter pertaining to zoning. Changes relating to any standard or requirement set forth in Chapter 12 pertaining to the subdivision of land or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures provided in Chapter 12 of this Code pertaining to subdivision of land. Source: City Code Effective Date: 9-17-82 PROJECT PROFILE - JULY 27, 2015 PLANNING COMMISSION — JULY 27, 2015 1. VARIANCE # 2015-06 by Eden Prairie Development LLC. (STEVE) Proposal for a free-standing sign setback less than code requires Location: 14301 Martin Drive Contact: Bob Ready, 612-419-1732 Request to: • To permit a free-standing sign 0' from the property line of a public right of way. City Code requires a 10' setback in the Multiple Family Residential Zoning District. Application Info Planning Commission City Council Date Submitted 06/19/15 Notice to Paper Date 07-08-15 Notice to Paper Date N/A Date Complete Resident Notice Date 07-08-15 Resident Notice Date N/A 120 Day Deadline 10-17-15 Meeting Date 07-27-15 1st Meeting Date N/A Initial DRC review 06/25/15 2nd Meeting Date N/A 2. VARIANCE # 2015-07 by Fountain Chiropractic, LLC. (TANIA) Proposal to permit the transfer of a wall sign from the rear of the building to the front of the building. Location: 6409 City West Parkway Contact: Craig Buske, 612-562-9410 Request to: • To permit a tenant to have a wall sign in a location that is not on the exterior wall space that the tenant occupies. City Code requires wall signs on a multi -tenant building in the Commercial zoning districts to be placed on the exterior wall space that the tenant occupies. Application Info Planning Commission City Council Date Submitted 06/19/15 Notice to Paper Date 7-08-15 Notice to Paper Date N/A Date Complete 06/19/15 Resident Notice Date 7-08-15 Resident Notice Date N/A 120 Day Deadline 10/19/15 Meeting Date 7-27-15 1st Meeting Date N/A Initial DRC review N/A 2nd Meeting Date N/A 3. VARIANCE # 2015-08 by Patrick & Merritt Steidl. (TANIA) Proposal to permit a variance for a deck to encroach within the required 20 foot rear yard setback. Location: 7381 Moonlight Lane Contact: Patrick Steidl, 608-698-2998 Request to: • Permit a deck to be set back 10 feet from the rear property line City Code requires a 20 foot rear yard setback. Annlication Info Planniniz Commission Citv Council Date Submitted 06/26/15 Notice to Paper Date 7-08-15 Notice to Paper Date N/A Date Complete 06/26/15 Resident Notice Date 7-08-15 Resident Notice Date N/A 120 Day Deadline Meeting Date 7-27-15 lst Meeting Date N/A Initial DRC review 07/02/15 2nd Meeting Date N/A 4. WAND CORPORATION (2015-13) by Wand Corporation (TANIA) Proposal for 100% Office use within a I-2 Zoning District Location: 7575 Corporate Way Contact: David Perrill, 1-800-786-9263 Request for: Annlication Info Planned Unit Development District Review with waivers on 2.88 acres Zoning District Amendment within the I-2 Industrial Park Zone on 2.88 acres Planning Commission Citv Council Date Submitted 07/07/15 Notice to Paper Date 7-8-15 Notice to Paper Date Date Complete 07/07/15 Resident Notice Date 7-8-15 Resident Notice Date 120 Day Deadline 11/04/15 Meeting Date 7-27-15 lst Meeting Date Initial DRC review 07/09/15 2nd Meeting Date 5. DRAFT TOD ORDINANCE (REGINA) Continued Item Public hearing to adopt the draft TOD ordinance. Contact: Regina Dean, 952-949-8490 Annlication Info Plannine Commission Citv Council Date Submitted N/A Notice to Paper Date 6-24-15 Notice to Paper Date Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline N/A Meeting Date 7-13-15 1" Meeting Date Initial DRC review N/A 2 nd Meeting Date 0 PLANNING COMMISSION - AUGUST 10, 2015 1. SIGN CODE AMENDMENT (REGINA) City Code Chapter 11, Section 11.70 relating to Sign Permits including adding or amending requirements for entry monument signs, free standing signs and wall signs. Contact: Regina Dean, 952-949-8490 Application Info Planning Commission City Council Date Submitted N/A Notice to Paper Date 7-10-15 Notice to Paper Date Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline N/A Meeting Date 8-10-15 1" Meeting Date Initial DRC review N/A 2 nd Meeting Date 2. TOWNPLACE SUITES (2015-09) by Alliant Engineering. (JULIE) Proposal for a 300 square foot addition to the existing Townplace Suites Location: 11588 Leona Road Contact: Mark Kronbeck, 612-767-9338 Request for: • PUD Concept Review on 1.87 acres • Planned Unit Development District Review with waivers on 1.87 acres • Zoning District Amendment within the Commercial -Regional -Services District on 1.87 acres Application Info • Site Plan Review on 1.87 acres Planning Commission City Council Date Submitted 06/05/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 06/11/15 2nd Meeting Date 3. VARIANCE # 2015-09 by PGJ Properties, LLC and MJJ Properties LLC. (JULIE) Proposal to reduce a minimum 25 foot landscape buffer zone. Location: 6401 City West Parkway Contact: PGJ Properties, LLC and MJJ Properties, LLC Request to: • Reduce a minimum 25 foot landscape buffer zone located along the western border of the subject property as required by that certain Developer's Agreement dated July 2, 1985. CONSERVATION COMMISSION - AUGUST 11, 2015 HERITAGE PRESERVATION COMMISSION - AUGUST 17, 2015 CITY COUNCIL HPC AWARD PRESENTATION - AUGUST 18, 2015 1. 1IT ANNUAL HERITAGE PRESERVATION AWARD PRESENTATION (LORI) CITY COUNCIL PUBLIC HEARING - AUGUST 18, 2015 1. COMFORT INN EDEN PRAIRIE (2015-07) by Michael Monn Architects (STEVE/JULIE) Proposal for exterior facade remodel Location: 7740 Flying Cloud Drive Contact: Mike Morn, 612-247-5406 Request for: Site Plan Review on 3.20 acres Application Info Planning Commission City Council Date Submitted 06/05/15 Notice to Paper Date 06-24-15 Notice to Paper Date Date Complete 06-05-15 Resident Notice Date 120 Day Deadline 10-02-15 Resident Notice Date 06-24-15 ls` Meeting Date Initial DRC review 06/11/15 2nd Meeting Date Meeting Date 07-13-15 CITY COUNCIL CONSENT - AUGUST 18, 2015 1. 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 sident Notice Date V N/A 90 Da Deadline 06-07-15 MeetingDate N.A Meeting Date 08-18-15 Initial DRC review 00-00-15 2nd Meeting Date N/A Complete Letter Due 03-27-15 il 2. EDEN PRAIRIE PLAZA (SALON CONCEPTS) (2015-03) by SCEPRE, LLC. (TANIA) Proposal for adding 58 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 Plannina Commission Citv Council Date Submitted 01/16/15 Notice to Paper Date 4/9/15 Notice to Paper Date 4/30/15 Date Complete 03/02/15 Resident Notice Date 4111115 Resident Notice Date 511115 120 Day Deadline 08/29/15 Meeting Date 4/27/15 1st Meeting Date 5/19/15 Initial DRC review 01/22/15 2nd Meeting Date 3. AMENDMENT TO DEVELOPMENT AGREEMENT (JULIE) Public hearing to amend the development agreement for Liberty Plaza. Contact: Julie Klima, 952-949-8498 Annlication Info Planning Commission Citv Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1 st Meeting Date Initial DRC review 2nd Meeting Date 4. SHOPS AT SOUTHWEST STATION (2015-06) by Venture Pass Partners, LLC. (REGINA) Proposal for the redevelopment of the existing Santorini's restaurant site into an 11,138 sf multi - tenant retail center Location: 13000 Technology Drive Contact: Randy Rauwerdink 612-801-4313 Request for: Application Info • Planned Unit Development Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres Planning Commission Citv Council Date Submitted 05/08/15 Notice to Paper Date 6/4/15 Notice to Paper Date Date Complete 05/08/15 Resident Notice Date 6/5/15 Resident Notice Date 120 Day Deadline 09/04/15 Meeting Date 6/22/15 1st Meeting Date 7-14-15 Initial DRC review 2nd Meeting Date 5 IN BUT NOT SCHEDULED 1. CODE AMENDMENT RELATING TO SUBDIVISION REGULATIONS Public hearing to amend City Code Chapter 12, relating to the regulation of subdivisions of property. Contact: Julie Klima, 952-949-8489 Annlication Info Plannine Commission Citv Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 2. WOODSPRING SUITES SIGNATURE (2015-08) by Titleist Lodging Group, LLC (REGINA) Proposal for the construction of a 4-story extended stay hotel Location: 7544 Market Place Drive Contact: Quentin Ellis, 316-260-9088 Request for: • Planned Unit Development District Review with waivers on 1.66 acres • Zoning District Change from Office to Commercial Hwy on 1.66 acres • Site Plan Review on 1.66 acres Abnlication Info Planning Commission Citv Council Date Submitted 06/05/15 Notice to Paper Date Notice to Paper Date Date Complete 06/05/15 Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 2nd Meeting Date 2 3. EDEN PRAIRIE RETAIL (2015-10) by EP Equities, LLC (JULIE) Proposal for expansion of existing building for single story retail use Location: 590 Prairie Center Drive Contact: Hector Vinas, 954-499-8663 x231 Request for: • Planned Unit Development Concept Review on 0.8 acres • Planned Unit Development District Review with waivers on 0.8 acres • Zoning District Amendment within the Commercial -Regional -Services District on 0.8 acres • Site Plan Review on 0.8 acres Annlication Info Planning Commission Citv Council Date Submitted 06/19/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1 st Meeting Date Initial DRC review 06/25/15 2nd Meeting Date 4. ATTACHMENT/DETACHMENT PID: 36-117-22-33-0015 (2015-11) by Told Development Company (JULIE) Proposal to detach PID from City of Minnetonka and attach PID to City of Eden Prairie Location: 590 Prairie Center Drive Contact: Trent Mayberry, 952-278-0112 Annlication Info Planning Commission Citv Council Date Submitted 06/26/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1st Meeting Date Initial DRC review 07/02/15 2nd Meeting Date 7 5. EDEN PRAIRIE CENTER (2015-12) by Eden Prairie Center (JULIE) Proposal for landscaping and stormwater improvements Location: 8251 Flying Cloud Drive Contact: Nancy Litwin, 952-525-2152 Request for: Planned Unit Development District Review on 35.32 acres Application Info Planning Commission City Council Date Submitted 07/02/15 Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date Resident Notice Date 120 Day Deadline Meeting Date 1't Meeting Date Initial DRC review 2nd Meeting Date APPROVED VARIANCES 8 TELECOMMUNICATION PROJECTS 1. File#2014-18TM by Verizon (c/o — Justin Holt — Jacob,) Contact Justin Holt 952.831.1043 x3102 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 st Meeting Date N/A Initial DRC review 2nd Meeting Date N/A 2. FILE #2014-20TM by Verizon Location: 8080 Mitchell Road Contact: Justin Holt, 952-831-1043 x3120 office, 763-454-9428 mobile (STEVE) (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 Application Info Planning Commission City Council Date Submitted 10-07-14 Notice to Paper Date N/A Notice to Paper Date NA/ Date Complete 00-00-14 Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline 00-00-15 Meeting Date NA/ 1st Meeting Date 07-14-15 Initial DRC review 00-00-14 2nd Meeting Date N/A I