HomeMy WebLinkAboutPlanning Commission - 10/26/2015
AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, October 26, 2015, 7:00 P.M.
PLANNING COMMISSION
MEMBERS:
John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann
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 September 28, 2015 meeting
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. CODE AMENDMENT RELATING TO SUBDIVISION REGULATIONS
VII. PLANNERS’ REPORT
A. DECEMBER 2015 MEETING SCHEDULE
VIII. MEMBERS’ REPORTS
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
ANNOTATED AGENDA
TO: Planning Commission Members
FROM: Julie Klima, City Planner
RE: Planning Commission Meeting for Monday, October 26, 2015
___________________________________________________________________________________________
MONDAY, October 26, 2015 7:00 PM, COUNCIL CHAMBERS
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE- ROLL CALL
III. APPROVAL OF AGENDA
MOTION: Move to approve the agenda.
IV. APPROVAL OF MINUTES
MOTION: Move to approve the following Planning Commission minutes:
A. PLANNING COMMISSION MEETING HELD MONDAY, SEPTEMBER 28, 2015
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. CODE AMENDMENT RELATING TO SUBDIVISION REGULATIONS
The Subdivision Regulations, in its current form, does not adequately address the
combination of properties into a single parcel. Staff has worked with the City Attorney to
draft language that provides additional clarity regarding the combination of properties.
Additionally, the proposed code changes address the administrative approval criteria and
process, as well as, the minor subdivision criteria and process. The language allows for
administrative approval of subdivisions that result in no more than 2 parcels or
combinations that result in no more than one parcel subject to certain criteria. The language
also allows for an abbreviated process (the minor subdivision) through the City Council
when the subdivision is of small size and is of minor significance.
Other housekeeping changes reflecting current practices and correcting grammatical or
typographical errors are also proposed as a part of the update.
MOTION 1: Move to recommend a continuance to the November 9, 2015
meeting.
OR
ANNOTATED AGENDA
September 28, 2015
Page 2
MOTION 1: Move to close the public hearing.
MOTION 2: Move to recommend approval of the Code Amendment City
Code Chapter 12 relating to subdivision regulations based on the
information included in staff report dated October 23, 2015.
VIII. PLANNERS’ REPORT
A. DECEMBER 2015 MEETING SCHEDULE
IX. MEMBERS’ REPORT
B. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION: Move to adjourn the Planning Commission meeting.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, SEPTEMBER 28, 2015 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins,
Charles Weber, Andrew Pieper, Ed Farr
STAFF MEMBERS: Julie Klima, City Planner
Rod Rue, City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Wuttke were absent.
II. APPROVAL OF AGENDA
MOTION by Higgins, seconded by Pieper, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 14, 2015
MOTION by Weber, seconded by Pieper, to approve the Planning Commission
Minutes. Motion carried 5-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. MILLER REZONING by David and Karen Miller
Location: 7555 192nd Ave West
Request for:
Zoning District Change from Rural to R1-13.5 on 1.32 acres
Planning Commission Minutes
September 28, 2015
Page 2
David Miller, property owner, presented the proposal. Mr. Miller said this is a
non-conforming rural lot and what they would like to do is demo the rental house
down and rebuild a single family home. Mr. Miller said they would like to
change the zoning district to R1-13.5, which is consistent with other lots in the
area. The proposed house does comply with the proposed district change and they
are not planning on subdividing the property.
Chair Stoltz asked Klima to review the staff report. Klima said staff
recommendation is for approval. She stated there is a nearby resident who sent a
letter that is included in the packet. He is requesting the homeowner not increase
the density. No other neighborhood comments have been recieved
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Weber, seconded by Pieper, to close the public hearing. Motion
carried 5-0.
MOTION by Weber, seconded by Pieper, to recommend approval of the Zoning
District Change from Rural to R1-13.5 on 1.32 acres based on the information
included in the staff report dated September 25, 2015. Motion carried 5-0.
B. WOODSPRING SUITES SIGNATURE by Titleist Lodging Group, LLC
Location: 7544 Market Place Drive
Request for:
Planned Unit Development District Review with waivers on 1.66 acres
Zoning District Change from Office to Commercial Regional Service on
1.66 acres
Site Plan Review on 1.66 acres
Chair Stoltz stated this project is being withdrawn.
VII. PLANNERS’ REPORT
Klima said the Metropolitan Council issued the system statement and it can be viewed
on-line. This is the beginning of the Comprehensive Plan preparation.
Higgins asked Klima if the system statement review will involve the Planning
Commission. Klima said
the City has 60 days to file an appeal of the system statement.
VIII. MEMBERS’ REPORT
A. COMMUNITY ADVISORY COMMITTEE –LIGHT RAIL
No Members’ Report
Planning Commission Minutes
September 28, 2015
Page 3
IX. CONTINUING BUSINESS
No continuing business.
X. NEW BUSINESS
No new business.
XI. ADJOURNMENT
MOTION by Farr, seconded by Higgins, to adjourn the Planning Commission meeting.
Motion carried 5-0.
There being no further business, the meeting was adjourned at 7:11 p.m.
STAFF REPORT:
TO: Planning Commission
FROM: Julie Klima, City Planner
DATE: October 23, 2015
SUBJECT: Code Change – Subdivision Regulations
BACKGROUND
Chapter 12 of the city code contains the City of Eden Prairie’s Subdivision Regulations, those
rules that govern the subdivision of property. The subdivision regulations identify the procedure,
submittal requirements, design standards and the like for the subdivision of property within the
City of Eden Prairie.
It has come to staff’s attention that the Subdivision Regulations, in its current form, does not
adequately address the combination of properties into a single parcel. Staff has worked with the
City Attorney to draft language that provides additional clarity regarding the combination of
properties. Additionally, the proposed code changes address the administrative approval criteria
and process, as well as, the minor subdivision criteria and process. The language allows for
administrative approval of subdivisions that result in no more than 2 parcels or combinations that
result in no more than one parcel subject to certain criteria. The language also allows for an
abbreviated process (the minor subdivision) through the City Council when the subdivision is of
small size and is of minor significance.
Other housekeeping changes reflecting current practices and correcting grammatical or
typographical errors are also proposed as a part of the update.
CODE CHANGE
Please see the attached redlined version of Chapter 12 for the proposed changes to the
Subdivision Regulations.
STAFF RECOMMENDATION
Staff recommends approval of the amendments to Chapter 12 as represented in the October 23,
2015 staff report and the draft ordinance.
CHAPTER 12
SUBDIVISION REGULATIONS (PLATTING)
SECTION 12.01. PURPOSE.
This Chapter is adopted for the purpose of: (1) establishing standard procedures, requirements and conditions for the
subdividing of land; (2) securing satisfactory conformity of such subdivision to City plans, City Code provisions and
regulations, adopted or under preparation; (3) authorizing the Planning Commission to act under this Chapter as advisory
to the Council; and (4) assuring that new subdivisions will contribute toward an attractive, orderly, stable, safe and
wholesome community.
SECTION 12.02. SUBDIVISION APPROVAL REQUIRED.
No land shall be subdivided without complying with the provisions of this Chapter.
Subd. 1. Administrative Approval. The City Manager or his designated representative may authorize subdivision
upon finding (1) the division will not result in more than two parcels; (2) if a lot which is part of a plat recorded in the
office of the County Recorder of Hennepin County is proposed to be divided, such subdivision will not cause any
structure on the lot to be in violation of the Zoning Chapter or any other provision of the City Code; (3) the resulting
parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas; and,
(4) the owners of land, contiguous to the parcel being divided, file no written objections within ten days following written
notification to them or otherwise indicate in writing that they have no objections.
Subd. 2. Council Action. If the proposed subdivision is not authorized under Subdivision 1 of this Section, the
subdivider may proceed to obtain approval by the Council as hereinafter provided. All subdivisions created by Council
action shall be effected by a plat made in accordance with Minnesota Statutes, 1990, Chapter 505.
SECTION 12.02. SUBDIVISION/COMBINATION APPROVAL REQUIRED.
No land shall be subdivided or combined without complying with the provisions of this
Chapter.
Subd. 1. Administrative Approval. The City Manager or his designee may authorize a
subdivision or combination upon finding (1) for a subdivision, the division will not result in
more than two parcels; for a combination, the combination will not result in more than one
parcel; (2) the subdivision or combination will not cause any structure to be in violation of
the Zoning Chapter or any other provision of the City Code; (3) the resulting parcel(s)
generally conform to the shape and area of existing or anticipated land subdivisions in the
surrounding areas; (4) the owners of land contiguous to the parcel(s) being divided or
combined file no written objections within ten days following written notification to them or
otherwise indicate in writing that they have no objections; and (5) no public improvements or
dedications of right of way are required.
A. Application. Any person having a legal or equitable interest in a property may file an
application for administrative subdivision or combination. An application shall be
filed with the Engineering Division on an approved form and shall be accompanied
by an accurate boundary survey and legal description of the existing parcel(s) and a
survey and legal description identifying the resulting parcel(s) after subdivision or
combination.
B. Review. The City Manager or his designee shall review all applications for
administrative subdivision or combination to determine compliance with the
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standards identified in this Section and all other pertinent requirements of this
Chapter.
C. Approval or Denial. The City Manager or his designee shall approve or deny the
request in writing. Upon written approval of the request, the applicant shall be
responsible for filing the subdivision or combination survey with the County
Recorder’s or Registrar of Title's office as applicable. If the request is denied, the
City Manager or his designee shall provide to the applicant a written statement of
denial stating the reasons for the denial.
D. Conditions. The City may impose conditions on any proposed administrative
subdivision or combination that are deemed reasonable and necessary to protect the
public interest and to ensure compliance with the provisions of this Chapter
including, but not limited to, the following:
(1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and
drainage easements and responsibility for the cost of filing and recording
written easements with the County Recorder's or Registrar of Title’s office as
applicable;
(2) Vacation of easements no longer required as determined by the City
Engineer; and
(3) Payment of parkland dedication fees for each lot created, except when the
fees have been previously paid for the lot created by the subdivision under the
Section.
E. Filing. If the administrative subdivision or combination is not recorded with the
County Recorder or Registrar of Titles within ninety (90) days after the date of
approval, the City Manager may, upon ten days written notice to the applicant,
revoke the approval in writing.
F. Council Action. If a proposed subdivision or combination is not approved under this
subdivision the applicant may apply for approval by the Council as hereinafter
provided.
Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor
importance situated in a locality where conditions are well defined, as determined by the City
Planner, the Council may process the approval as follows:
A. Application. Any person having a legal or equitable interest in a property may file an
application for a minor subdivision. An application shall be filed with the City
Planner on an approved form and shall be accompanied by a plat made in accordance
with Minnesota Statutes, 1990, Chapter 505.
B. Review. The City Planner shall review all applications for minor subdivision to
determine compliance with the standards identified in this Section and all other
pertinent requirements of this Chapter and shall make a recommendation to the
Council for approval or denial of the minor subdivision.
C. Approval or Denial. The City Council shall consider the request for a minor
subdivision. Council approval shall be in the form of a resolution. Upon written
adoption of a resolution of approval, the applicant shall be responsible for filing the
plat with the County Recorder’s or Registrar of Title's office, as applicable. If the
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request is denied, the City Manager or his designee shall provide to the applicant a
written statement of denial stating the reasons for the denial.
D. Conditions. The City may impose conditions on any proposed minor subdivision that
are deemed reasonable and necessary to protect the public interest and to ensure
compliance with the provisions of this chapter including, but not limited to, the
following:
(1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and
drainage easements and responsibility for the cost of filing and recording
written easements with the County Recorder's or Registrar of Title’s office as
applicable;
(2) Vacation of easements no longer required as determined by the City
Engineer; and
(3) Payment of parkland dedication fees for each lot created, except when the
fees have been previously paid for the lot created by the subdivision under the
Section.
(4) Dedication of right-of-way or easements for public utilities.
F. Filing. If the minor subdivision is not recorded with the County Recorder or
Registrar of Titles within ninety (90) days after the date of approval, the City Council
may, upon ten days written notice to the subdivider, consider a resolution revoking
the approval.
E. If a minor subdivision is not approved under this subdivision, the applicant may
apply for approval by the Council as hereinafter provided.
SECTION 12.03. DEFINITIONS.
For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given
in this Section.
Subd. 1. Applicant – Any person making an application for subdivision or combination under this Chapter.
Subd. 1. "Boulevard" - The portion of the street right-of-way between the curb line or surfaced roadway and the
property line.
Subd. 2. "Butt Lot" - A lot at the end of a block and located between two corner lots.
Subd. 3. "Block" - An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior
boundary or boundaries of the subdivision, or a combination of the above with a river or lake or outlot.
Subd. 4. "Easement" - A grant by an owner of land for the specific use of said land by the public generally or to a
person or persons.
Subd. 5. "Final Plat" - The final map, drawing or chart or survey on which the subdivider's plan of subdivision is
presented to the Council for final approval.
Subd. 6. "Lot" - A parcel or portion of land in a subdivision separated from other parcels or portions by a description.
Subd. 7. "Lot-Double Frontage" - A lot on which opposite ends both abut on streets A lot on which both
Comment [jk1]: Renumber existing subdiviisons
1 through 16 to 2 through 17.
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opposite ends or both adjoining sides abut on streets..
Subd. 8. "Minimum Subdivision Design Standards" - The guides, principles and specifications for the preparation of
subdivision plans indicating among other things the minimum and maximum dimensions of the various elements set forth
in the preliminary plan.
Subd. 9. "Owner" - Any person having a sufficient proprietary interest in the land sought to be subdivided to
commence and maintain proceedings to subdivide the same under these regulations.
Subd. 10. "Pedestrian Way" - The right-of-way across or within a block for use by pedestrian traffic whether
designated as a pedestrian way, cross- walk, or however other designated.
Subd. 11. "Preliminary Approval" - Official action taken by the Council on an application to create a subdivision
which establishes the rights and obligations set forth in Minnesota Statutes, 1990, Section 462.358 and this chapter.
Unless otherwise specified in this chapter, preliminary approval may be granted only following the review and approval
of a preliminary plat or other map or drawing establishing without limitation the number, layout, and location of lots,
tracts, blocks, and parcels to be created, location of streets, roads, utilities and facilities, park and drainage facilities, and
lands to be dedicated for public use.
Subd. 12. "Protective Covenants" - Contracts entered into between private parties which constitute a restriction on the
use of all private property within the platted area and which provide mutual protection against undesirable aspect of
development which would tend to impair stability of values. The City does not provide for enforcement of such
protective covenants.
Subd. 13. "Right-of-Way" - The width between property lines of a road, street, pedestrian way or easement.
Subd. 14. "Setback" - The minimum horizontal distance between building walls and street right-of-way, side and rear
lot lines.
The minimum horizontal distance between building walls and the street right-of-way, building walls
and the side lot line, and building walls and the rear lot line.
Subd. 15. "Street" - A public thoroughfare for vehicular and pedestrian traffic.
Subd. 16. "Subdivider" - Any person commencing proceedings under these regulations to effect a subdivision of land
hereunder for himself or for another.
Source: City Code
Effective Date: 9-17-82
Subd. 17. "Subdivision" - The separation of an area, parcel, or tract of land under single ownership into two or more
parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation
of streets, roads or alleys, for residential, commercial, industrial, or other use or any combination thereof. As used in this
section the term "subdivision" does not include separations (1) creating cemetery lots or (2) resulting from court orders or
the adjustment of a lot line by the relocation of a common boundary. The term includes resubdivision and when
appropriate to the context shall relate to the process of subdividing or to the land subdivided.
Source: Ordinance No. 3-88
Effective Date: 2-18-88
Subd. 18. "Comprehensive Guide Plan" - (City Guide Plan) indicates the general locations recommended for various
functions, classes of land use, places and structures and for the general physical development of the City and includes any
unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
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Subd. 19. "Planned Unit Development " - (P.U.D.) as described in Chapter 11.
Subd. 20. Repealed.
Source: Ordinance No. 14-2000
Effective Date: 4-27-00
SECTION 12.04. PRELIMINARY APPROVAL PROCEDURE.
Before subdividing any tract of land, the subdivider shall submit an application for, which shall include a preliminary plat
of, the subdivision in the following manner:
Subd. 1. Review. The application shall be submitted to the City Planner who shall review it to ascertain if it complies
with the regulations as herein set forth. If the City Planner finds the application to be in conformance with the
regulations, the application shall be referred to the Planning Commission.
Subd. 2. Filing. Copies of the application shall be filed with the City Planner. The required filing fee shall be paid and
any necessary requests for variances from the provisions of this Chapter shall be filed before the application shall be
considered officially filed.
Subd. 3. Filing Fee. The fee to be paid for filing an application shall be determined by resolution of the Council.
Subd. 4. Hearing. Within forty-five (45) sixty (60)days from the date of filing of the application, the City Planner shall
set a public hearing for the next regular meeting of the Planning Commission, at which all interested persons shall be
given an opportunity to be heard. The Planning Commission shall conduct the hearing and report upon findings and
make recommendations to the Council. Notice of said hearing shall be published in the official newspaper at least ten
(10) days prior to the hearing and mailed to owners whose properties lie within three hundred fifty (350) feet of the
subject property.
Subd. 5. Council Action.
A. The Council shall preliminarily approve or disapprove a subdivision application within one hundred twenty
(120) days following delivery of an application completed in compliance with this Chapter by the applicant to
the City unless an extension of the review period has been agreed to by the applicant.
B. If preliminary approval is not given by the Council, the reasons for such action shall be recorded in the
proceedings of the Council. If preliminary approval is given, such approval shall not constitute final acceptance
of the subdivision but the general acceptance of the layout. Subsequent approval will be required of the
engineering proposals and other features. The Council may require such revisions in the application,
preliminary plat, and final plat as it deems necessary for the health, safety, general welfare and convenience of
the City.
Source: City Code
Effective Date: 9-17-82
C. No plan will be approved for a subdivision (1) which covers an area subject to soil erosion or periodic flooding
or which has poor drainage unless the subdivider agrees to make improvements which will, in the opinion of the
City Engineer, make the area safe for occupancy and provide adequate street and lot drainage; (2) unless there
has been compliance with Section 11.55 of the Code; or (3) if the Council makes any of the following findings:
1. That the proposed subdivision is in conflict with applicable general and specific plans, including but
not limited to the City's Comprehensive Guide Plan and zoning regulations.
2. That the design or improvement of the proposed subdivision is in conflict with applicable development
plans.
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3. That the physical characteristics of the site, including but not limited to topography, vegetation,
susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention, are such
that the site is not suitable for the type of development or use contemplated.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial
environmental damage.
6. That the design of the subdivision or the type of improvements will be detrimental to the health, safety,
or general welfare of the public.
7. That the design of the subdivision or the type of improvements will conflict with easements on record
or to easements established by judgment of a court.
Source: Ordinance No. 17-90
Effective Date: 5-18-90
Subd. 6. Validity of Approval. An approved preliminary plat shall be valid for a period not to exceed two (2) years
from the date of approval by the City Council. In the event that a final plat or plats are not approved within that time for
all of the property included in the preliminary plat, the preliminary plat shall be void as to those portions not part of an
approved final plat, unless, prior to the expiration, an extension is requested in writing by the owner or subdivider and for
good cause granted by the City Council.
Source: Ordinance No. 13-2014
Effective Date: 5-15-2014
SECTION 12.05. DATA FOR PRELIMINARY PLAT.
The preliminary plat shall be clearly and legibly drawn at a scale approved by the City Planner but not less than 1" = 100'
1” = 50’. The preliminary plat of the proposed subdivision shall contain or have attached thereto the
following information:
Subd. 1. Identification and Description.
A. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any
plat theretofore recorded in the County.
B. Legal description of the property according to the records in the office of the County Recorder.
C. Name and addresses of the owner, owner's agent, subdivider, surveyor and designer of the plat.
D. Graphic scale, north point and date of preparation.
Subd. 2. Existing Conditions.
A. Boundary line survey of proposed subdivision clearly indicated.
B. Existing zoning classifications.
C. Total acreage.
D. Show the location, widths, and names of proposed streets or other public ways, parks and other public lands,
easements, and section and corporate lines within the preliminary plat and to a distance one hundred (100) feet
beyond the boundary line.
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E. Location and site both public and private of existing sewers, water mains, culverts or other underground
facilities within the preliminary plat area and to a distance of one hundred (100) feet beyond. Such data as
grades, invert elevations, and locations of catch basins, manholes, and hydrants shall also be shown.
F. Boundary lines of adjoining unsubdivided or subdivided land within one hundred (100) feet.
G. Topographic data, including contours at vertical intervals of not more than two (2) feet. Water courses,
marsheswetlands, wooded areas, rock outcrops, power transmission poles and lines, and other significant
features shall also be shown, including slopes in excess of 10% and erodible soil conditions.
H. Copy of all proposed private covenants.
I. Soil borings and percolation tests may be required by the City Engineer.
Subd. 3. Subdivision Design Features.
A. Layout of proposed streets, including proposed roads according to City thoroughfare plans showing
right-of-way widths, proposed street widths and proposed names of streets. The name of any street thoroughfare
used in the City or its environs shall not be used unless the proposed street is an extension of an already named
street.
B. Location of widths or proposed trails, fire lanes, pedestrian ways and utility easements Location and width
of existing or proposed trails, fire lanes, pedestrian ways and utility easements..
C. Typical cross-sections of proposed improvements upon streets and right-of-way, together with an indication as
to the method of disposing of the proposed storm water runoff. Schematic storm sewer, sanitary sewer, and
water layouts, illustrating invert and top of cover elevations, proposed gradients, direction of flow, and drainage
areas. Center line gradient of proposed streets.
D. Layout, numbers and preliminary dimensions of lots and blocks, and building setback lines.
E. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public
use, including the size of such area or areas in acres.
F. Whenever a lot proposed for subdivision is intended for future subdivision, a tentative plan for the future
subdivision of the entire tract shall be submitted to the Planning Commission.
Subd. 4. Other Information.
A. Statement of the proposed use of lots stating type of building with number of proposed dwelling units; type of
business or industry so as to reveal the effect of the development on traffic, fire hazards or congestion of
population.
B. Source of water supply.
C. Provisions for sewage disposal, drainage and flood control.
D. Proposed protective covenants or deed restrictions.
E. Location of proposed street lights, and easements, and the utilities of electricity, gas, telephone and Cable T.V.
All such utilities are to be underground.
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F. A general landscaping plan showing plantings, berms, fences, lighting, parking layout, sidewalks and trails.
Source: City Code
Effective Date: 9-17-82
(Sections 12.06 through 12.19, inclusive, reserved for future expansion.)
SECTION 12.20. PROCEDURE FOR FINAL APPROVAL.
Approval by the Council of the final plat shall be subject to and conditioned upon the prior performance (except where
such performance may be subsequent to such approval or specifically provided hereinafter) by the subdivider or owner of
all conditions imposed in connection with the preliminary approval, the following provisions and requirements, and all
applicable rules and regulations of other governmental units having jurisdiction.
Subd. 1. Data for Final Plat.
A. General. A final plat in recordable form shall be prepared by a qualified person who is registered as a land
surveyor in the State of Minnesota and shall conform to all State and County requirements and the requirements
of this Chapter.
B. Information to be shown.
1. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe
boundaries, streets, easements, areas to be reserved for public use, and other important features. All
dimensions including lot lines shall be shown in feet and hundredths of feet.
2. An identification system for all lots and blocks.
3. True angles and distances to the nearest established official monuments (not less than three) which
shall be accurately described in the plat.
4. Municipal or section lines accurately tied to the lines of the subdivision by distances and angles.
5. Name and right-of-way width of each street or other rights-of-way.
6. Accurate outlines and legal description of any areas to be dedicated or reserved for public use or for
the exclusive use of property owners within the subdivision with the purposes indicated therein.
7. Certification by a registered surveyor.
8. Execution of all owners of any interest in the land and any holders of a mortgage thereon of the
certificate required by Minnesota Statutes, and which certificate shall include a dedication of the utility
easements and any other public areas in such form as shall be approved by the City Attorney.
9. Form of approval of Council as follows:
Approved by the City Council of the City of Eden
Prairie, Hennepin County, Minnesota, this ______
day of ____________________, 20__________.
____________________________
Mayor
____________________________
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City Manager
10. Form for approval by County authorities as required.
Subd. 2. Filing.
A. The owner or subdivider shall file eighteen (18) copies of a final plat covering all or a portion of the preliminary
plat. The owner or subdivider shall also submit to the City Engineer at the same time an up-to-date certified
abstract of title or registered property report and such other evidence as the City Attorney may require showing
title or control in the applicant.
Source: Ordinance No. 13-2014
Effective Date: 5-15-2014
B. The final plat shall incorporate all changes or modifications required by the Council; in all other respects it shall
conform to the preliminary plat. Approval of the final plat includes approval of changes to
easements dedicated on the plat in order to conform the final plat to the final construction
plans approved by the City Engineer. It may constitute only that portion of the approved preliminary plat
which the subdivider proposes to record and develop at that time provided that such portion conforms with all
the requirements of these regulations.
Subd. 3. Subsequent to approval by the Council and before execution by the City of the final plat (if the final plat is in
such form as to require execution by the City) and delivery thereof or delivery of a certified copy of any resolution of the
Council approving a final plat, the subdivider shall, if he has not previously done so, submit to the City Engineer two (2)
copies of a development plan (1" = 100' scale) showing existing and proposed contours, proposed streets and lot
arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water
main and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City and containing
such other information and in such form as shall be required by the City Engineer.
Subd. 4. Release and Recording. The City shall not release the final plat until all of the following have been completed:
A. The plat has been executed by all required parties;
B. The developer’s agreement has been executed by all required parties;
C. The submission of necessary financial guarantees and development fees to the City;
D. The submission to the City one full-size Mylar reproducible, one paper print and one copy of the final plat in
digital (AutoCAD) format compatible with the county coordinate system; and
E. The submission in recordable form of all required easements and deeds as required by the City for trails,
ponding, parks, utilities or similar purposes in a form approved by the City Attorney.
Upon release of the final plat, the subdivider shall record it with the County Recorder or Registrar of Titles as provided
by law, along with any other documents required by the City to be recorded with the Plat. If the plat is not recorded
within 90 days after the date of approval, the City Council may, upon ten days written notice to the subdivider, consider a
resolution revoking the approval.
Source: Ordinance No. 13-2014
Effective Date: 5-15-2014
Subd. 5. Subsequent to approval by the Council and before execution by the City of the final plat (if the final plat is in
such form as to require execution by the City) and delivery thereof or delivery of a certified copy of any resolution of the
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Council approving a final plat, the subdivider shall, if he has not previously done so, pay to the City fees for first three (3)
years' street lighting (public streets), engineering review , final plan review, contract administration and
inspection review, and street signs.
Source: Ordinance No. 73-84
Effective Date: 4-5-84
Subd. 6. See Section 12.50 for additional requirements subsequent to approval by the Council and before execution by
the City of the final plat or other appropriate forms of City approval.
Source: City Code
Effective Date: 9-17-82
(Sections 12.21 through 12.29, inclusive, reserved for future expansion.)
SECTION 12.30. MINIMUM SUBDIVISION DESIGN STANDARDS.
Subd. 1. The proposed subdivision shall conform to the City Plan.
Source: City Code
Effective Date: 9-17-82
Subd. 2. The arrangements of all streets shall conform to the City Plan and provide a continuation of existing and
planned streets within and outside of the proposed subdivision, provide for a reasonable circulation of traffic and shall be
appropriately located in relation to topography, run- off of storm water and to proposed uses of the land to be served.
Where adjoining areas are not subdivided, the arrangement of streets shall make provision for the proper projection of
streets into adjoining areas.
Source: Ordinance No. 73-84
Effective Date: 4-5-84
Subd. 3. Streets.
A. Street widths and pavement widths shall conform to the following table of minimum dimensions:
Road Type
Average Daily
Traffic (Vehicles)
Design Speed
(MPH)
Right-of-Way
(Feet)
Roadway Width
Back-Back (Feet)
Residential
Minor (1)
500
30
50
28
Residential
Collector
3,000
35
60
32
Industrial
35
70
38
M.S.A.
10,000
30-40
80-120
Various (2)
Road Type
Average Daily
Traffic (Vehicles)
Design Speed
(MPH)
Right-of-Way
(Feet)
Roadway Width
Back-Back (Feet)
Residential
Minor (1)
500
30
50
28
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Residential
Collector
3,000 35 60 32
Industrial (4)
35
70
38
M.S.A.
Commercial (4)
10,000
40
80 (2)
48
M.S.A.
(No Parking) (4)
10,000
40
80 (2)
34
M.S.A.
Parkways (4)
10,000
40
100-120
2028 (3)
(1) Maximum length of cul-de-sac is 500 feet,
Right-of-way radius 50 feet,
Roadway radius 39 feet to back curb.
(2) At major intersections increase to 120 feet.
(3) Four lane divided with 18 foot median.
(4) Final design dependent upon traffic volume and soil factors(1) Maximum length of cul-de-sac is 500 feet,
Right-of-way radius 50 feet,
Roadway radius 39 feet to back curb.
(2) Width subject to MSA standards in the MnDOT State Aid Manual.
.
B. Deflections (Horizontal Alignment). When connecting street lines deflect from each other at any one point, the
design requirements of the Minnesota Department of Transportation Road Design Manual, latest revision, shall
apply.
C. Grades. All centerline gradients shall be at least 0.5 percent and shall not exceed 8.0 percent.
D. Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Minimum
length, in feet, of these curves shall conform to the requirements of the Minnesota Department of Transportation
Road Design Manual, latest revision.
E. Street Jogs. Street jogs shall have a centerline offset of one hundred fifty (150) feet or more when applied to
minor streets or service streets; in all other cases, they shall be avoided.
F. Minor Streets. Minor streets shall be so aligned that their use by through traffic will be discouraged.
G. Cul-de-sacs. Maximum length cul-de-sac streets shall be five hundred (500) feet measured along the centerline
from the intersection of origin to end of right-of-way, unless the plan for the overall area will necessitate the
extension of said street and appropriate reservation of right-of-way is provided for. Cul-de-sacs should be
avoided whenever reasonably possible.
H. Service Streets. Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad
right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way
for adequate protection of properties and to afford separation of through and local traffic. Such service streets
shall be located at a distance from the major thoroughfare or railroad right-of-way suitable for the appropriate
use of the intervening land, as for park purposes in residential districts or for commercial or industrial purposes
in appropriate districts. Such distances shall also be determined with due regard for the requirements of
approach grades and future grade separations.
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I. Half Streets. Half streets shall be prohibited except where essential to the reasonable development of the
subdivision in conformity with the other requirements of these regulations and except where the Council finds it
will be practicable to require the dedication of the other half when the adjoining property is subdivided.
Whenever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted
within such tract prior to the granting of access.
J. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions
approved by the Council.
K. Unless otherwise approved by the Council, private streets shall not be approved nor shall public improvements
be installed for any private street except that private streets may be permitted in approved Planned Unit
Developments.
L. Hardship to Owners of Adjoining Property Avoided. The street arrangements shall not be such as to cause
hardship to owners of adjoining property in platting their own land and providing convenient access to it.
Subd. 4. Intersections. The angle formed by the intersection of streets shall be ninety (90) degrees with a fifty (50)
foot minimum tangent from the radius return. Intersections of more than four corners shall be prohibited. Roadways of
street intersections shall be rounded by a radius of not less than fifteen (15) one hundred (100) feet. Roadways of
driveway street intersections shall be rounded by a radius of not less than three (3) feet. Corners at the entrances to the
turnaround portions of cul-de-sacs shall be rounded by a radius of not less than fifteen (15) one hundred (100) feet.
Subd. 5. Curb and gutter may be included as part of the required street surface improvements and shall thus be designed
for installation along both sides of all roadways in accordance with the standards of the City Engineer.
Subd. 6. Sidewalks and Trails. Sidewalks and/or trails may be required. The design thereof shall conform to the
requirements of the City Engineer.
Subd. 7. Water Supply. When public supply is available, extensions of the water supply system shall be designed so as
to provide public water service to each lot. The design of said extensions shall be in accordance with the standards of the
City Engineer. Private water supply systems shall be constructed and maintained according to State laws and City Code
provisions.
Subd. 8. Sewage Disposal. When public systems are available, extensions of the sanitary sewer system shall be
designed so as to provide sewer service to each lot. The design of said extensions shall be in accordance with the
standards of the City Engineer.
Subd. 9. Drainage. A complete and adequate drainage system design shall be required for the subdivision and shall
include a storm sewer system or a system of open ditches, culverts, pipes, and catch basins, or both systems, as required
by the City Engineer. Such system or systems shall be designed and installed in conformity with all applicable standards
of the City at the developer's expense.
Subd. 10. Easements.
A. Provided for Utilities: Easements at least ten (10) feet wide, centered on front, rear and side lot lines
and abutting (10' wide) street right-of-way shall be provided for utilities and shall be dedicated by
appropriate language. They shall have continuity of alignment from block to block.
B. Provided for Drainage: Easements shall be provided along each side of the centerline of any water
course or drainage channel whether or not shown in the City Plan to a width sufficient to provide
proper maintenance and protection and to provide for storm run-off and installation and maintenance
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of storm sewers. Said easements shall in no event be less than fifty (50) feet on either side of the
centerline of any water course or drainage channel and they shall be dedicated to the City in such
manner that the City may require.
C. If City infrastructure is required to be installed within the platted property, then
additional easements shall be provided in such locations as specified by the City.
Each easement shall be twenty (20) feet wide.
Subd. 11. Street Names. Names of new streets shall not duplicate or sound similar to existing or platted street names.
Subd. 12. Lots.
A. Locations. All lots shall have frontage on a publicly dedicated street or street that has received legal status as
such except that lots in Planned Unit Developments may have frontage on a private street or access road.
B. Size. The lot dimensions in subdivisions shall not be less than the minimum dimensions required to secure the
minimum lot area specified in Chapter 11.
C. Butt Lots. Butt lots shall be platted at least five (5) feet wider than the average width of interior lots in the
block.
D. Corner Lots. Corner lots shall be platted at least fifteen (15) feet wider than the minimum width required by
Chapter 11.
E. Side Lot Lines. Side lines of lots shall be substantially at right angles to the street line.
F. Water Courses. Lots abutting upon a water course, drainage way, channel or stream shall have an additional
depth or width, as required, to assure house sites that are not subject to the flooding.
G. Natural Features. In the subdividing of any land, regard shall be shown for all natural features, such as trees,
water courses, steep slopes, erodible soils, historic spots or similar conditions, which if preserved will add
attractiveness and stability to the proposed development.
H. Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be
added to adjacent lots or a plan shown as to future use rather than allowed to remain as unusable parcels.
Source: City Code
Effective Date: 9-17-82
(Sections 12.31 through 12.39, inclusive, reserved for future expansion.)
SECTION 12.40. PARKS, PLAYGROUNDS AND PUBLIC OPEN SPACES.
Subd. 1. The owner of land being subdivided shall dedicate to the public for public use as parks, playgrounds or public
open space a reasonable portion of the land up to 10% thereof, as determined by the City to be in the public interest and
necessary for such uses.
Source: Ordinance No. 3-88
Effective Date: 2-18-88
Subd. 2. At the City's option, the subdivider shall contribute an equivalent amount in cash in lieu of all or a portion of
the land which the City may require such owner to dedicate pursuant to Subdivision 1 hereof in accordance with the
Formatted: Indent: Left: 0.5", Hanging: 0.5"
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schedule to be set by resolution of the Council.
Subd. 3. Whenever the term "dedicate" is used in this Section or in Section 12.41, it shall mean a dedication of land in
connection with a plat for the purposes required or, at the option of the City, a deed or other instrument of conveyance
conveying the land to the City. A dedication of land shall be such as shall vest good and marketable title of the land in
the City, free and clear of any mortgage, lien, encumbrance or assessment, subject to such easements or minor
imperfections of title as may be acceptable to the City.
Subd. 4. The City may determine the location and configuration of any land dedicated, taking into consideration its
suitability for its intended purposes and how it will best serve the public and future needs of the community for such
purposes.
Subd. 5. Land dedicated for the holding of storm or drainage water, power line easements or which is unusable or of
limited use may, at the option of the City, not be deemed accepted by the City for purposes of owner's compliance with
Subdivisions 1 and 2 hereof or Section 12.41.
Subd. 6. Where the owner provides for public use neighborhood park amenities such as, but not limited to, tennis
courts, ballfields, open space or other recreational facilities, the City may reduce the amount of land to be dedicated or
the cash contribution in lieu of such dedication by an amount equivalent to the cost of the facilities provided.
Subd. 7. Cash contributions required by Subdivision 2 hereof may be made prior to or concurrent with approval of the
final plat or at the subdivider's option concurrent with issuance of a permit for building upon lots or parcels within the
subdivision provided, however, if subdivider elects to make the cash contributions concurrent with issuance of a permit,
the amount to be paid at such time or times shall be the amount then provided by City Code provisions or resolution.
Subd. 8. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided
herein, subdivider shall deliver to the City an opinion addressed to the City by an attorney and in a form acceptable to the
City as to the condition of the title of such property or in lieu of a title opinion a title insurance policy insuring the
condition of the title of the property or interest therein in the City. The condition of the title of any real property or any
interest therein to be dedicated, transferred or conveyed as may be provided herein by subdivider to City shall vest in City
good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments.
Subd. 9. Immediately upon filing of the final plat or other appropriate division documents, subdivider shall file for
recording all deeds for conveyance of property to be deeded to the City other than that formally dedicated on a final plat.
Source: City Code
Effective Date: 9-17-82
Subd. 10. All improvements including grading, seeding, planting, landscaping, equipping, and constructing of any
structure to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is
to be given to the City for park or other recreational purposes shall be completed by subdivider and acceptable to the
Director of Parks and Recreation and shall be free and clear of any lien, claim, change, or encumbrance including any for
work, labor, or services rendered in connection therewith or material or equipment supplies therefor. Subdivider shall
warrant and guarantee the improvements against any defect in materials or workmanship for a period of two (2) years
following completion and acceptance thereof. In the event of any defect in materials or workmanship within said
two-year period, the warranty and guarantee shall be for a period of three (3) years following said completion and
acceptance. Defects in materials or workmanship shall be determined by the Director of Parks and Recreation.
Acceptance of improvements by the Director of Parks and Recreation may be subject to such conditions as he may
impose at the time of acceptance. Subdivider through his engineer shall provide for competent daily inspection during
the construction of all improvements. Prior to final plat approval or issuance of any building permit if no final plat is
required, subdivider shall submit a bond or letter of credit which guarantees completion of all improvements within the
times provided, upon the conditions, and in accordance with the terms of this Subdivision including but not limited to a
guarantee against defects in materials and workmanship for a period of two (2) years following completion and the
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extension of the period to three (3) years in the event of any defect during said two-year period. The amount of the bond
or letter of credit shall be 125% of the estimated construction cost of said improvements subject to reduction thereof to an
amount equal to 25% of the cost of the improvements after acceptance thereof by the Director of Parks and Recreation.
The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the
Director of Parks and Recreation. The subdivider's registered engineer shall make and submit for approval to the
Director of Parks and Recreation a written estimate of the costs of the improvements.
Source: Ordinance No. 73-84
Effective Date: 4-5-84
SECTION 12.41. MINI-PARKS.
Subd. 1. "Mini-Park" is a specialized park, playground or open space which serves a concentrated population or
specific group of persons such as those residing in the immediate neighborhood and may be located in or adjacent to
apartment complex developments, townhouse developments and single family developments that are not in close
proximity to a neighborhood park. The land area may but shall not necessarily be limited to one (1) to five (5) acres in
size.
Subd. 2. The Council recognizes that it is essential to the health, safety and welfare of the residents of the City that
mini-parks be provided to serve the immediate neighborhoods. The preservation of those open spaces within specific
neighborhoods, especially in areas of high density, is essential to maintaining a healthful and desirable environment for
the residents of the City.
Subd. 3. An owner requesting subdivision of land for construction and maintenance thereon of fifty (50) or more
residential units may be required to dedicate a reasonable portion of such land to the City for public use as a mini-park in
addition to the dedication of land or the contribution of cash in lieu thereof pursuant to Section 12.40. A reasonable
portion of such land shall consist of that portion which the City will need for mini-park purposes as a result of the
approval of the subdivision and, unless otherwise determined by the City upon a showing by the subdivider, shall consist
of a minimum of one acre for each fifty (50) residential units and a proportionate part of an acre for any additional
residential units less than fifty (50) provided, however, no dedication of land for a mini-park shall be required if the total
number of residential units to be constructed on the land shall be less than fifty (50). When an owner dedicates land
to the City for a mini-park, the land encompassed in the mini-park shall be included in the total land utilized in the
calculation of densities pursuant to Chapter 11.
Subd. 4. The City may determine the location and configuration of any land dedicated to the City for a mini-park.
Subd. 5. The owner shall develop any mini-park dedicated in accordance with City specifications, shall preserve
existing trees whenever possible and shall make use of natural resources such as large boulders in the development.
Source: City Code
Effective Date: 9-17-84
(Sections 12.42 through 12.49, inclusive, reserved for future expansion.)
SECTION 12.50. REQUIRED IMPROVEMENTS ON THE SITE.
Subd. 1. All sanitary sewer, water main and storm sewer facilities, streets, concrete curb, gutters, sidewalks, sodding,
drainage swales and other public utilities (improvements) shall be made and constructed on or within the subdivided
lands or where otherwise required and dedicated to the City and shall be designed in compliance with City standards by a
registered professional engineer. Plans and specifications shall be submitted to the City Engineer for approval prior to
construction. All of the improvements shall be completed by the subdivider and acceptable to the City Engineer and shall
be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in
connection therewith or material or equipment supplied therefor. Subdivider shall warrant and guarantee the
12-15
improvements against any defect in materials or workmanship for a period of two (2) years following completion and
acceptance thereof. In the event of the existence of any defect in materials or workmanship with within said two-year
period, the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance.
Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City
Engineer may be subject to such reasonable conditions as he may impose at the time of acceptance. Subdivider through
his engineer shall provide for competent daily inspection during the construction of all improvements. Asbuilt drawings
with service and valve ties on reproducible mylar shall be delivered to the City Engineer within sixty (60) days of
completion of the improvements together with a written certification from a registered engineer that all improvements
have been completed, inspected and tested in accordance with City-approved plans and specifications.
Source: Ordinance No. 73-84
Effective Date: 4-5-84
Subd. 2. Subdivider shall remove all soil and debris from and clean all streets within the lands subdivided at least every
two (2) months (or within one (1) week from the date of any request by City) during the period commencing May 1 and
ending October 31 of each year until such time as such streets and improvements are accepted for ownership and
maintenance by the City. In the event there are or will be constructed on the property two (2) or more streets and if
permanent street signs have not been installed, subdivider shall install temporary street signs in accordance with
recommendations of the Public Safety Services Area/Inspections Division prior to the issuance of any permit to build
upon the property.
Subd. 3. Within twenty (20) days of installation of utilities and street curbs in any portion of the land subdivided (if said
time occurs between May 1 and October 31 of any year), subdivider shall sod (secured with a minimum of two (2) stakes
per roll of sod) that part of the property lying between said curb and a line eighteen (18) inches measured perpendicular
with the curb or in lieu of said sod place a fiber blanket with seed approved by the City (secured with stakes a maximum
of six (6) feet apart). Either sod or fiber must be placed upon a minimum of four (4) inches of topsoil. The topsoil shall
be level with the top of the curb at the curb line and rise 1/2" for each foot from the curb line. Subdivider shall maintain
the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the land subdivided are
accepted for ownership and maintenance by the City. Subdivider shall also sod all drainage swales serving each 1.5 acres
a minimum distance of six (6) feet on either side of the center of the swale.
Subd. 4. Subsequent to approval by the Council and before execution by the City of the final plat or other appropriate
forms of City approval, subdivider shall:
A. Execute and deliver to the City an agreement whereby subdivider shall undertake performance of the obligations
imposed by this Chapter and containing such other terms and provisions and in such form as shall be acceptable
to City.
Source: City Code
Effective Date: 9-17-82
B. Submit a bond, letter of credit or cash deposit ("security") which guarantees completion of all improvements
within the times specified by the City Engineer and in accordance with the terms of Section 12.50, Subdivisions
1 through 4. The amount of the security shall be 125% of the estimated construction cost of said improvement
subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof
by the City Engineer and receipt of asbuilt drawings. The security shall be in such form and contain such other
provisions and terms as may be required by the City Engineer. The subdivider's registered engineer shall make
and submit for approval to the City Engineer a written estimate of the costs of the improvements.
Subd. 5. With the approval of the Council and in lieu of the obligations imposed by Subdivisions 1 through 4 above,
subdivider may submit a 100% petition signed by all owners of the land to be subdivided requesting the City to install
some or all of the improvements. Upon approval by the Council, the City may cause said improvements to be made and
special assessments for all costs of said improvements to be levied on the land except any land which is or shall be
dedicated to the public. Such special assessment shall be payable over a term of five (5) years unless otherwise
12-16
authorized by the Council. Prior to the award of any contract by the City for the construction of any improvement,
subdivider shall have entered into a contract for rough grading of streets included in the improvement to a finished
subgrade elevation. Subdivider's obligation with respect to the rough grading work shall be secured by a bond, letter of
credit or such deposit which shall guarantee completion and payment for all labor and materials expended in connection
with the rough grading. The amount of the security shall be 125% of the cost of such rough grading and shall be in such
form and contain such further terms as may be required by the City Engineer.
Source: Ordinance No. 73-84
Effective Date: 4-5-84
(Sections 12.51 through 12.59, inclusive, reserved for future expansion.)
SECTION 12.60. MODIFICATIONS, EXCEPTIONS AND VARIANCES.
Subd. 1. Complete Neighborhood. The Council, upon receiving a report from the Planning Commission, may grant a
variance from these regulations in case of a subdivision large enough to constitute a more or less self-contained
neighborhood provided the Council received adequate safeguards to assure development according to a plan. Said plan
shall not be in conflict with the major street plan and shall in the opinion of the Council provide adequate public open
space and be a desirable community development.
Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor importance situated in a locality
where conditions are well defined, the Council may exempt the subdivider from complying with the requirements
stipulated in this Chapter.
Subd. 3. Variances. The Council may grant a variance from the requirements of this Chapter where a subdivision is
approved in conjunction with a Planned Unit Development pursuant to Chapter 11 or in any case where the subdivider
can show that because of exceptional topography or other special conditions the strict compliance with these regulations
could cause an undue hardship provided such a relief may be granted without detriment to the public welfare and without
impairing the intent and purpose of these regulations.
SECTION 12.61. BUILDING PERMITS.
No building permit shall be issued for the construction of any building, structure or improvement on any platted outlot, or
on any land required to be subdivided until all requirements of this Chapter have been satisfactorily addressed.
Source: City Code
Effective Date: 9-17-82
(Sections 12.62 through 12.98, inclusive, reserved for future expansion.)
SECTION 12.99. VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby
prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon
conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
Source: City Code
Effective Date: 9-17-82
Comment [jk2]: Subd. 3 is renumbered to Subd.
2
12-17
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 12 RELATING TO SUBDIVISION; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 12 is amended by deleting Section 12.02 in its entirety and
replacing it with the following:
SECTION 12.02. SUBDIVISION/COMBINATION APPROVAL REQUIRED.
No land shall be subdivided or combined without complying with the provisions of this
Chapter.
Subd. 1. Administrative Approval. The City Manager or his designee may authorize a
subdivision or combination upon finding (1) for a subdivision, the division will not result
in more than two parcels; for a combination, the combination will not result in more than
one parcel; (2) the subdivision or combination will not cause any structure to be in
violation of the Zoning Chapter or any other provision of the City Code; (3) the resulting
parcel(s) generally conform to the shape and area of existing or anticipated land
subdivisions in the surrounding areas; (4) the owners of land contiguous to the parcel(s)
being divided or combined file no written objections within ten days following written
notification to them or otherwise indicate in writing that they have no objections; and (5)
no public improvements or dedications of right of way are required.
A. Application. Any person having a legal or equitable interest in a property may file
an application for administrative subdivision or combination. An application shall
be filed with the Engineering Division on an approved form and shall be
accompanied by an accurate boundary survey and legal description of the existing
parcel(s) and a survey and legal description identifying the resulting parcel(s)
after subdivision or combination.
B. Review. The City Manager or his designee shall review all applications for
administrative subdivision or combination to determine compliance with the
standards identified in this Section and all other pertinent requirements of this
Chapter.
C. Approval or Denial. The City Manager or his designee shall approve or deny the
request in writing. Upon written approval of the request, the applicant shall be
responsible for filing the subdivision or combination survey with the County
Recorder’s or Registrar of Title's office as applicable. If the request is denied, the
City Manager or his designee shall provide to the applicant a written statement of
denial stating the reasons for the denial.
D. Conditions. The City may impose conditions on any proposed administrative
subdivision or combination that are deemed reasonable and necessary to protect
the public interest and to ensure compliance with the provisions of this Chapter
including, but not limited to, the following:
(1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and
drainage easements and responsibility for the cost of filing and recording
written easements with the County Recorder's or Registrar of Title’s office
as applicable;
(2) Vacation of easements no longer required as determined by the City
Engineer; and
(3) Payment of parkland dedication fees for each lot created, except when the
fees have been previously paid for the lot created by the subdivision under
the Section.
E. Filing. If the administrative subdivision or combination is not recorded with the
County Recorder or Registrar of Titles within ninety (90) days after the date of
approval, the City Manager may, upon ten days written notice to the applicant,
revoke the approval in writing.
F. Council Action. If a proposed subdivision or combination is not approved under
this subdivision the applicant may apply for approval by the Council as
hereinafter provided.
Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor
importance situated in a locality where conditions are well defined, as determined by the
City Planner, the Council may process the approval as follows:
A. Application. Any person having a legal or equitable interest in a property may file
an application for a minor subdivision. An application shall be filed with the City
Planner on an approved form and shall be accompanied by a plat made in
accordance with Minnesota Statutes, 1990, Chapter 505.
B. Review. The City Planner shall review all applications for minor subdivision to
determine compliance with the standards identified in this Section and all other
pertinent requirements of this Chapter and shall make a recommendation to the
Council for approval or denial of the minor subdivision.
C. Approval or Denial. The City Council shall consider the request for a minor
subdivision. Council approval shall be in the form of a resolution. Upon written
adoption of a resolution of approval, the applicant shall be responsible for filing
the plat with the County Recorder’s or Registrar of Title's office, as applicable. If
the request is denied, the City Manager or his designee shall provide to the
applicant a written statement of denial stating the reasons for the denial.
D. Conditions. The City may impose conditions on any proposed minor subdivision
that are deemed reasonable and necessary to protect the public interest and to
ensure compliance with the provisions of this chapter including, but not limited
to, the following:
(1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and
drainage easements and responsibility for the cost of filing and recording
written easements with the County Recorder's or Registrar of Title’s office
as applicable;
(2) Vacation of easements no longer required as determined by the City
Engineer; and
(3) Payment of parkland dedication fees for each lot created, except when the
fees have been previously paid for the lot created by the subdivision under
the Section.
(4) Dedication of right-of-way or easements for public utilities.
F. Filing. If the minor subdivision is not recorded with the County Recorder or
Registrar of Titles within ninety (90) days after the date of approval, the City
Council may, upon ten days written notice to the subdivider, consider a resolution
revoking the approval.
E. If a minor subdivision is not approved under this subdivision, the applicant may
apply for approval by the Council as hereinafter provided.
Section 2. City Code Chapter 12, Section 12.03 is amended by inserting a new Subd. 1 to read
as follows: “‘Applicant’ - Any person making an application for subdivision or combination
under this Chapter.” Existing Subdivisions 1 through 16 are hereby renumbered 2 through 17.
Section 3. City Code Chapter 12, existing Section 12.03, Subd. 7, titled “Lot-Double Frontage”
is amended by deleting the definition and replacing it with the following: “A lot on which both
opposite ends or both adjoining sides abut on streets.”
Section 4. City Code Chapter 12, existing Section 12.03, Subd. 8 titled “Minimum Subdivision
Design Standards” is amended by deleting the word “Minimum” from the title.
Section 5. City Code Chapter 12, existing Section 12.03, Subd. 14, titled “Setback” is amended
by deleting the definition and replacing it with the following: “The minimum horizontal distance
between building walls and the street right-of-way, building walls and the side lot line, and
building walls and the rear lot line.”
Section 6. City Code Chapter 12, Section 12.04, Subd. 4 is amended by deleting the number
“forty-five (45)” in the first line and replacing it with the number “sixty (60)”
Section 7. City Code Chapter 12, Section 12.05 is amended by revising the first sentence by
deleting “1" to 100'” and replacing it with 1" = 50'.”
Section 8. City Code Chapter 12, Section 12.05, Subd 2. G is amended by deleting the word
“marshes” and replacing it with the word “wetlands”.
Section 9. City Code Chapter 12, Section 12.05, Subd 3 A. is amended by adding after the
phrase “right-of-way widths” the phrase “, proposed street widths”.
Section 10. City Code Chapter 12, Section 12.05, Subd 3 B. is amended in its entirety to read
“Location and width of existing or proposed trails, fire lanes, pedestrian ways and utility
easements.”
Section 11. City Code Chapter 12, Section 12.05, Subd 3 C. is amended by adding after the word
“street” the words “and right-of-way”.
Section 12. City Code Chapter 12, Section 12.20. Subd 2. B. is amended by adding at the end of
the first sentence the following sentence: “Approval of the final plat includes approval of
changes to easements dedicated on the plat in order to conform the final plat to the final
construction plans approved by the City Engineer.”
Section 13. City Code Chapter 12, Section 12.20. Subd 5. is amended by adding after the phrase
“engineering review” the following phrase: “, final plan review, contract administration and
inspection review,”.
Section 14. City Code Chapter 12, Section 12.30. Subd 3. A. is amended by deleting the table
and replacing it with the following:
Road Type
Average Daily
Traffic (Vehicles)
Design Speed
(MPH)
Right-of-Way
(Feet)
Roadway Width
Back-Back (Feet)
Residential
Minor (1)
500
30
50
28
Residential
Collector
3,000
35
60
32
Industrial
35
70
38
M.S.A.
10,000
30-40
80-120
Various (2)
(1) Maximum length of cul-de-sac is 500 feet,
Right-of-way radius 50 feet,
Roadway radius 39 feet to back curb.
(2) Width subject to MSA standards in the MnDOT State Aid Manual.
Section 15. City Code Chapter 12, Section 12.30, Subd. 4 is amended by deleting in both
instances the phrase “fifteen (15) feet” and replacing it with “one hundred (100) feet”.
Section 16. City Code Chapter 12, Section 12.30, Subd. 10 is amended by adding a paragraph C
as follows:
C. If City infrastructure is required to be installed within the platted property, then
additional easements shall be provided in such locations as specified by the City.
Each easement shall be twenty (20) feet wide.
Section 17. City Code Chapter 12, Section 12.50, Subd. 1 is amended by deleting in the fifth
sentence the word “with” and inserting in its place the word “within”.
Section 18. City Code Chapter 12, Section 12.60 is amended by deleting Subdivision 2, entitled
Minor Subdivisions. Existing Subdivision 3 is hereby renumbered Subdivision 2.
Section 19. City Code Chapter 12, Section 12.61 is amended by inserting the phrase “any
platted outlot, or on” after the word “on”.
Section 20. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation” and Section 12.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 21. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
______ day of ____________________, 2015 and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the _____ day of
________________, 2015.
____________________________ ______________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on____________________________.
PROJECT PROFILE – OCTOBER 26, 2015
PLANNING COMMISSION – OCTOBER 26, 2015
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
Application Info Planning Commission City Council
Date Submitted
Date Complete
120 Day Deadline
Initial DRC review
Notice to Paper Date
Resident Notice Date N/A
Meeting Date
Notice to Paper Date
Resident Notice Date N/A
1st Meeting Date
2nd Meeting Date
PLANNING COMMISSION – NOVEMBER 9, 2015
1. EDEN PRAIRIE CENTER (2015-12) by Eden Prairie Center (JULIE)
Proposal for landscaping 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
Date Complete
120 Day Deadline
Initial DRC review 07/09/15
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
2. CODE AMENDMENT RELATED TO PUD & SITE PLAN REVIEW (REGINA)
Public hearing to amend City Code chapter 11 relating to Planned Unit Development and Site Plan
Review processes.
Contact: Regina Dean, 952-949-8490
Application Info Planning Commission City Council
Date Submitted N/A
Date Complete N/A
120 Day Deadline N/A
Initial DRC review N/A
Notice to Paper Date 6-24-15
Resident Notice Date N/A
Meeting Date 7-13-15
Notice to Paper Date 8-6-15
Resident Notice Date N/A
1st Meeting Date 8-18-15
2nd Meeting Date
CONSERVATION COMMISSION – NOVEMBER 10, 2015
1
HERITAGE PRESERVATION COMMISSION – NOV. 16, 2015
CITY COUNCIL PUBLIC HEARING – NOVEMBER 17, 2015
1. DORENKEMPER SITE NOMINATION – PUBLIC HEARING
Public hearing for local site nomination of the Dorenkemper House.
Location: 9180 Riley Lake Road
Contact: Lori Creamer, 952-949-8481
CITY COUNCIL CONSENT – NOVEMBER 17, 2015
1. EDEN PRAIRIE RETAIL (2015-10) by EP Equities, LLC (JULIE)
Proposal for construction of a single story retail building
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
Application Info Planning Commission City Council
Date Submitted 06/19/15
Date Complete 07/24/15
120 Day Deadline 11/22/15
Initial DRC review 06/25/15
Notice to Paper Date
Resident Notice Date
Meeting Date 09/14/15
Notice to Paper Date
Resident Notice Date
1st Meeting Date 10/06/15
2nd Meeting Date
2. MILLER REZONING (2015-16) by David and Karen Miller (TANIA)
Proposal to rezone property from Rural to R1-13.5
Location: 7555 192nd Ave W
Contact: David Miller– 952-934-3305
Request for:
• Zoning District Change from Rural to R1-13.5
Application Info Planning Commission City Council
Date Submitted 09/02//15
Date Complete 09/02/15
120 Day Deadline 01/07/15
Initial DRC review 00/00/15
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
2
3. 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 Planning Commission City Council
Date Submitted 01/16/15
Date Complete 03/02/15
120 Day Deadline 12/15/15
Initial DRC review 01/22/15
Notice to Paper Date 4/9/15
Resident Notice Date 4/11/15
Meeting Date 4/27/15
Notice to Paper Date 4/30/15
Resident Notice Date 5/1/15
1st Meeting Date 5/19/15
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:
• 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
Application Info Planning Commission City Council
Date Submitted 05/08/15
Date Complete 05/08/15
120 Day Deadline 12/31/15
Initial DRC review
Notice to Paper Date 6/4/15
Resident Notice Date 6/5/15
Meeting Date 6/22/15
Notice to Paper Date 7/2/15
Resident Notice Date 7/2/15
1st Meeting Date 7/14/15
2nd Meeting Date
3
5. DRAFT TOD ORDINANCE (REGINA)
Public hearing to adopt the draft TOD ordinance.
Contact: Regina Dean, 952-949-8490
Application Info Planning Commission City Council
Date Submitted N/A
Date Complete N/A
120 Day Deadline N/A
Initial DRC review N/A
Notice to Paper Date 6-24-15
Resident Notice Date N/A
Meeting Date 7-13-15
Notice to Paper Date 8-6-15
Resident Notice Date N/A
1st Meeting Date 8-18-15
2nd Meeting Date
PLANNING COMMISSION – NOVEMBER 23, 2015
IN BUT NOT SCHEDULED
1. HAMPTON INN (2015-15) by Cities Edge Architects (JULIE)
Proposal to develop a 5 story, 105 guest room Hampton Inn
Location: 11825 Technology Drive
Contact: Kevin Hanson – 320-235-7775
Request for:
• Planned Unit Development Concept Review on 1.7 acres
• Planned Unit Development District Review with waivers on 1.7 acres
• Zoning District Change from Commercial Regional Service (Com-Reg-Ser) to
Town Center Commercial (TC-C)
• Site Plan Review on 1.7 acres
Application Info Planning Commission City Council
Date Submitted 08/12/15
Date Complete 00/00/15
120 Day Deadline 00/00/15
Initial DRC review 00/00/15
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
2. CODE AMENDMENT ARCHITECTURAL & CONSTRUCTION MATERIALS
(JULIE)
Public hearing to amend City Code Chapter 11 relating to architecture and construction materials.
Contact: Julie Klima, 952-949-8489
Application Info Planning Commission City Council
Date Submitted N/A
Date Complete N/A
120 Day Deadline N/A
Initial DRC review N/A
Notice to Paper Date 00/00/15
Resident Notice Date N/A
Meeting Date 00/00/15
Notice to Paper Date 00/00/15
Resident Notice Date N/A
1st Meeting Date 00/00/15
2nd Meeting Date
4
3. EDEN PRAIRIE SENIOR LIVING (2015-17) by Kaas Wilson Architects (REGINA)
Proposal to develop a 3 story, 120 unit senior housing and assisted living project
Location: 10220, 10240 & 10280 Hennepin Town Road
Contact: Link Wilson – 612-879-6000
Request for:
• Guide Plan Change from Low Density Residential and Office to High Density
Residential on 3.11 acres.
• Planned Unit Development Concept Review on 3.11 acres
• Planned Unit Development District Review with waivers on 3.11 acres
• Zoning District Change from Rural and Office to RM-2.5 on 3.11 acres
• Site Plan Review on 3.11 acres
• Preliminary Plat of five lots into one lot on 3.11 acres
Application Info Planning Commission City Council
Date Submitted 09/11/15
Date Complete 00/00/15
120 Day Deadline 00/00/15
Initial DRC review 00/00/15
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
4. KAL POINT (2015-18) by KAL STAY, LLC (JULIE)
Proposal to develop a 17,000 square foot one story standalone building of new retail space and
a 3,000 square foot basement for storage
Location: 13105, 13075 & 13045 Pioneer Trail
Contact: KAL STAY LLC – 952-905-9309
Request for:
• Guide Plan Change from Neighborhood Commercial to Community Commercial
on 2.98 acres.
• Planned Unit Development Concept Review on 2.98 acres
• Planned Unit Development District Review on 2.98 acres
• Zoning District Change from N-COM to C-COM on 2.98 acres
• Site Plan Review on 2.98 acres
• Preliminary Plat of three lots into one lot on 2.98 acres
Application Info Planning Commission City Council
Date Submitted 09/25/15
Date Complete 00/00/15
120 Day Deadline 00/00/15
Initial DRC review 00/00/15
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
5
5. TIMBER LAKES 2ND ADDITION (2015-19) by PennyMac Loan Services (TANIA)
Proposal to revoke the Final Plat Timber Lakes 2nd Addition
Location: 8008-8011 Island Road
Contact: Michael Sauer– 651-209-3307
Request for:
• Revoke the Final Plat Timber Lakes 2nd Addition
Application Info Planning Commission City Council
Date Submitted 10/15/15
Date Complete 00/00/15
120 Day Deadline 00/00/15
Initial DRC review 00/00/15
Notice to Paper Date
Resident Notice Date
Meeting Date
Notice to Paper Date
Resident Notice Date
1st Meeting Date
2nd Meeting Date
APPROVED VARIANCES
TELECOMMUNICATION PROJECTS
1. TELECOMMUNICATIONS 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
Date Complete 00/00/14
120 Day Deadline
Initial DRC review
Notice to Paper Date N/A
Resident Notice Date N/A
Meeting Date N.A
Notice to Paper Date N/A
Resident Notice Date N/A
1st Meeting Date N/A
2nd Meeting Date N/A
6