Loading...
HomeMy WebLinkAboutCity Council - 10/04/2016 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 4, 2016 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop - Heritage Room H I. HOUSING AND ECONOMIC DEVELOPMENT STRATEGIC PLAN Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 4, 2016 7:00 PM, CITY CENTER Council Chambers 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. COMMISSIONER JAN CALLISON V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 20, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 20, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.45 RELATING TO FLOODPLAIN REGULATIONS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE B. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR RECONSTRUCTION OF CSAH NO. 61 (FLYING CLOUD DRIVE) FROM CHARLSON ROAD TO CSAH NO. 101 IN CARVER COUNTY C. ADOPT RESOLUTION AUTHORIZING APPLICATION FOR HENNEPIN YOUTH SPORTS FACILITIES GRANT DEVELOPMENT AND CONSTRUCTION OF DRYLAND TRAINING FACILITY D. AWARD CONTRACT FOR PURCHASE OF FURNITURE FOR CITY HALL ATRIUM TO GENERAL OFFICE PRODUCTS CITY COUNCIL AGENDA October 4, 2016 Page 2 E. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR NOVEMBER 8, 2016, GENERAL ELECTION IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE BLUFFS SENIOR LIVING by Albert Miller. Request for Comprehensive Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.74 acres, Planned Unit Development Concept Review on 4.74 acres, Planned Unit Development District Review with waivers on 4.74 acres, Zoning District Change from Rural and Office to RM-2.5 on 4.74 acres, Site Plan Review on 4.74 acres and Preliminary Plat of six lots into one lot and one outlot on 4.74 acres. Location: 10217, 10220, 10240, 10280 Hennepin Town Road and two additional parcels (PID 36-116-22-11-0026 & 36-116-22-11- 0003) (Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO LOADING FACILITIES, MECHANICAL EQUIPMENT SCREENING, SITE LIGHTING AND ARCHITECTURAL REQUIREMENTS FOR TRASH AND RECYCLING ENCLOSURES X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA October 4, 2016 Page 3 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 4, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 4, 2016 TUESDAY, OCTOBER 4, 2016 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS /PRESENTATIONS A. COMMISSIONER JAN CALLISON V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 20, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 20, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-E on the Consent Calendar. A. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.45 RELATING TO FLOODPLAIN REGULATIONS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE ANNOTATED AGENDA October 4, 2016 Page 2 B. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR RECONSTRUCTION OF CSAH NO. 61 (FLYING CLOUD DRIVE) FROM CHARLSON ROAD TO CSAH NO. 101 IN CARVER COUNTY C. ADOPT RESOLUTION AUTHORIZING APPLICATION FOR HENNEPIN YOUTH SPORTS FACILITIES GRANT DEVELOPMENT AND CONSTRUCTION OF DRYLAND TRAINING FACILITY D. AWARD CONTRACT FOR PURCHASE OF FURNITURE FOR CITY HALL ATRIUM TO GENERAL OFFICE PRODUCTS E. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR NOVEMBER 8, 2016, GENERAL ELECTION IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE BLUFFS SENIOR LIVING by Albert Miller. Request for Comprehensive Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.74 acres, Planned Unit Development Concept Review on 4.74 acres, Planned Unit Development District Review with waivers on 4.74 acres, Zoning District Change from Rural and Office to RM-2.5 on 4.74 acres, Site Plan Review on 4.74 acres and Preliminary Plat of six lots into one lot and one outlot on 4.74 acres. Location: 10217, 10220, 10240, 10280 Hennepin Town Road and two additional parcels (PID 36- 116-22-11-0026 & 36-116-22-11-0003) (Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) Official notice of this public hearing was published in the September 22, 2016, Eden Prairie News and sent to 51 property owners. Synopsis: The original application proposed one 3-story building with 116 units and was reviewed by the Planning Commission on Dec. 7, 2015, and March 14, 2016. The Planning Commission recommended approval of that proposal with a 6 to 0 vote. However, the developer requested to postpone the public hearing before the Council. At that time, there were discussions of possibly adding the Robertson property, which was likely to significantly change the project and would necessitate a new review by the Planning Commission. At its Aug. 22, 2016, meeting, the Planning Commission recommended approval of a new plan for the property, which incorporates the Robertson property and increases the project area to 4.74 acres. The preliminary plat proposes to combine six existing lots into one lot and one outlot. The new proposal includes two buildings connected by a skyway. With a total of 138 units, the southern building is 3 stories while the northern building includes 3 stories with section being 4 stories. The buildings face Hennepin Town Road and surface parking is located behind the buildings facing Highway 169. The project also includes underground parking. Outlot A is proposed to be owned by the City ANNOTATED AGENDA October 4, 2016 Page 3 and contains an existing wetland and a lift station. There is one access point to the project from Hennepin Town Road. The proponent will provide an access easement over its property to the City's facilities on Outlot A. The Planning Commission voted 5-1 to recommend approval of the project at the August 22, 2016, meeting, subject to the conditions in the staff report, increased landscaping along Hennepin Town Road and working with the City to expedite the construction of the right turn lane on Hennepin Town Road. The 120-Day review period expires on Nov.30, 2016. Since the Planning Commission meeting the proponent has made the following changes to the plan: • The north building has been modified to increase the setback from the northwest corner of the building to the property line from 12.7 feet to 20 feet. • Added evergreen trees and increased the planting size of the deciduous trees along the Hennepin Town Road side of the property. • Although not required by the Planning Commission,but based on comments at the meeting, the proponent modified some of the building materials and colors so that each building looks slightly different but complementary. • The proponent is continuing to work with the City on expediting construction of the right turn lane on Hennepin Town Road. Throughout the review of this application, the proponent has indicated a willingness to include an affordability component and specifically utilizing the Elderly Waiver program. This supports the City's Comprehensive Plan in which there are a number of goals and policies encouraging elderly housing and affordable housing opportunities within the community. The plan acknowledges that there is a growing demand for affordable housing in the community and seniors are a growing segment of the population which has specific needs including affordable housing. Please refer to the attached Planning Commission report for more details regarding Comprehensive Plan policies. During the initial Planning Commission review, staff recommended that 20% of the units be designated as affordable. The proponent indicated that an affordability component closer to a 5% to 10% range would be appropriate. Affordability requirements will be included in the preparation of the Development Agreement as directed by the City Council. Requested Waivers The proponent is requesting to rezone the property to RM-2.5, which allows multi- family developments. A senior living development has characteristics unique from a typical multi-family project. Therefore, the proponent is requesting a number of waivers for the proposed project. The waivers may be reasonable given the unique nature of this project. In exchange for the waivers, the proponent is providing generous internal and external gatherings spaces and site amenities, a high level of building architecture, generous landscaping and an appropriate buffer along major roadways. Following is a list of the waivers being requested: • Building height from 45 feet to 50 feet 9 inches for the 4-story portion of the north building. ANNOTATED AGENDA October 4, 2016 Page 4 • Front yard structure setback from 35 feet to IL I feet for the south building along Highway 169. Front yard structure setback from 35 feet to 20.2 feet for the north building along Hennepin Town Road and 27'for the south building along Hennepin Town Road. Front yard structure setback from 35 feet to 2 feet for the northwest corner of the south building along Hennepin Town Road. In response to resident's concerns, the proponent has increased the setback at the northwest corner of the north building along Hennepin Town Road from 12.7 feet to 20.2 feet. • Parking from 276 to 112 spaces of which 52 spaces are enclosed. • Front yard parking setback from 35 feet to 5 feet for the north parking lot along Pioneer Trail. Front yard parking setback from 35 feet to 10.7 feet for the south parking lot along Highway 169. • Density from 17.4 units per acre to 29.1 units per acre. Site area per dwelling unit from 2,500 square feet to 1,494 square feet. Group Usable Open Space Per Dwelling Unit from 600 square feet per unit to 216 per unit. By modifying the north building, the proponent has provided additional open space. This increased the group usable open space from 209 square feet per unit to 216 square feet per unit. • Tree replacement from 1,457 caliper inches to 55 caliper inches. The landscaping plan exceeds the landscaping requirements. The proponent has heard the resident's concerns about screening along Hennepin Town Road and has added evergreen trees and has increased the caliper size of some of the canopy trees along the Hennepin Town Road side of the buildings. The project falls short of the tree replacement requirements,but compliance with the tree replacement requirements would pose a practical difficulty upon development due to the overgrown nature of the site. However, the additional landscaping has increased the number of caliper inches that can be counted toward tree replacement. MOTION: Move to:= • Close the Public Hearing; and • Adopt the Resolution amending the Guide Plan from Low Density Residential and Office to High Density Residential; and • Adopt the Resolution for a Planned Unit Development Concept Review; and • Approve the 15t reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural and Office to RM-2.5; and • Adopt the Resolution for a Preliminary Plat of six lots into one lot and one outlot. ANNOTATED AGENDA October 4, 2016 Page 5 B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO LOADING FACILITIES, MECHANICAL EQUIPMENT SCREENING, SITE LIGHTING AND ARCHITECTURAL REQUIREMENTS FOR TRASH AND RECYCLING ENCLOSURES Official notice of this public hearing was published in the September 22, 2016, Eden Prairie News. Synopsis: In 2015, at the direction of City Council, staff proposed a number of minor text amendments to Chapter 11 to address consistency in code language relating to loading facilities, mechanical equipment screening, site lighting, and architectural requirements for trash and recycling enclosures. The proposed amendments were presented to the Planning Commission on December 7, 2015 and the Commission recommended that the City Council approve the amendments. However, the amendments have not yet been considered for approval by the Council. Staff wanted to hold off on presenting the amendments to the Council until final action was taken on the Transit Oriented Development(TOD) ordinance because minor amendments would be likely be needed to provide consistency between the overall ordinance and the TOD section. The TOD ordinance was recently approved and the changes to Chapter 11 resulting from its adoption have been identified. The amendments summarized as follows are the changes that were approved by the Planning Commission in Dec. 2015: • A change from the term "loading areas" to "loading facilities" to provide the consistent use of a single term. • Parapet walls —A new definition and screening requirements for new buildings. • Architectural material standards —Reference to the proposed Transit Oriented Development(TOD) and existing Golf Course zoning district. • Trash and recycling enclosure standards —Reference to include the TOD and Public, Golf Course and Airport zoning districts. • Site Lighting —New performance standards to provide additional clarity for lighting illumination and pole height. These standards have been utilized as a matter of policy for a significant amount of time. Adding the standards as a code requirement will ensure consistent use of the standards. The amendments presented as follows are those identified subsequent to the adoption of the TOD ordinance. • Added TOD to the zoning district table. • Under parking requirements, reference the TOD and Town Center(TC) sections for specific parking requirements as they pertain to those districts. • Signs —Reference the TOD and TC in the district regulations for signs. The code amendment, if approved, would create consistency between various code sections and current practices, the TOD ordinance and the TC ordinance. At its Dec. 7, 2015 meeting, the Planning Commission voted 6-0 to recommend approval of the text amendment subject to the information in the staff report dated Dec. 4, 2015. ANNOTATED AGENDA October 4, 2016 Page 6 MOTION: Move to: • Close the Public Hearing; and • Approve first reading of the Ordinance amending City Code Chapter 11 relating to loading facilities, mechanical equipment screening, site lighting, and architectural requirements for trash and recycling enclosures and other standards. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VLA. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 20, 2016 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop - Heritage Room H Mayor Tyra-Lukens and Council Members Nelson and Butcher Wickstrom were absent. I. SWLRT UPDATE—SOUTHWEST PROJECT OFFICE Jim Alexander, Southwest LRT Project Office, gave an update on the Southwest LRT/Green Line Extension project. Alexander said local funding is now 100 percent secure with the commitment from Met Council for bonding. Council Member Aho asked how much cash Eden Prairie is contributing. Alexander said the City is contributing in-kind land donations. Alexander said the environmental reviews are complete, and Project Office anticipates entering the engineering phase of the project in November. He said that even though the engineering phase has not official begun, 90 percent of engineering and design work is complete. Alexander said heavy construction is expected to begin in 2017 and continue throughout 2020. The line is expected to begin service in 2021. Alexander said five main contracts will be negotiated, including civil, systems, operations and maintenance facility, fare collection and light rail vehicles. Alexander discussed phasing of construction at Southwest Station. He said that site will require the greatest degree of coordination due to its co-location with Southwest Transit. Council Member Aho asked about funding of Eden Prairie's LRCIs (locally requested capital improvements). He said his understanding was that LRCIs would be bid as add-alternates. Public Works Director Robert Ellis said staff has narrowed down costs and the LRCIs will be written directly into the overall general Southwest LRT contract. Ellis said City and Project Office staff feel there will be less financial risk if the LRCIs are incorporated in this manner. City Council Workshop Minutes September 20, 2016 Page 2 Aho asked for the estimated cost of Eden Prairie's LRCIs. Ellis said the LRCIs are approximately $7.5 million. Community Development Director Janet Jeremiah said the cost of the LRCIs has been built into the City's CIP. Alexander said it is possible that the Town Center Station could be added back into the project. Aho asked if Southwest Transit and the Project Office have agreed on a price for the existing Southwest Transit office building. Alexander said Project Office staff will be meeting with Southwest Transit and their attorney to hammer out those details. He said Southwest Transit officials were reluctant to discuss final details until all local funding was in place. Alexander said a critical component of the project will be maintenance of traffic flow as construction progresses. A detailed traffic management matrix has been developed, and will be updated throughout the project. The matrix details which roads will be affected by lane closures and precisely when the work will begin and end on every roadway. Alexander said all of the affected jurisdictions will meet weekly with the Project Office staff and contractors to ensure that all closures take place as planned. He said education will be key in keeping traffic flowing and reducing frustration among drivers. Ellis said the City will have staff on- site throughout the project to ensure that City water, sewer and utilities are protected. Aho asked about the anticipated subsidy per rider. Alexander said he did not have the exact number,but he believes it is expected to be under $2. Open Podium - Council Chamber II. OPEN PODIUM Resident John Mallo said he contacted Parks and Recreation Director Jay Lotthammer several times over the past two years with concerns about maintenance of the Veterans Memorial at Purgatory Creek Park. He said he was pleased to see that pavers have been repaired. He said he has an ongoing concerns about the large sections of granite that make up much of the memorial. Mallo said the granite pieces have moved since they were put in place, and water is getting between and under the pieces. He said the caulk that is deteriorating and should be replaced to help keep out water. Mallo said Lotthammer told him he would have the City's contractor look at the memorial and then decide whether recaulking is called for. Mallo said he talked to the contractor on his own, and the contractor told him he wanted to redo the caulking this Fall. Lotthammer said he sent out an email this week explaining that granite and pavement react very differently when exposed to water. The area beneath the memorial is City Council Workshop Minutes September 20, 20I6 Page 3 "cushioned" with a special material that allows water to move in and around it. Lotthammer said each piece of granite moves independently. Lotthammer said he currently has no concerns about water damaging the site. He noted that large pieces of granite will naturally settle over time, and the original caulking was not intended as waterproofing. Lotthammer said the contractor has not recommended caulking at this time. III. ADJOURNMENT ITEM NO.: VLB. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 20, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens and Council Member Butcher Wickstrom were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. SWLRT UPDATE Getschow said Jim Alexander, Director of Southwest Light Rail Transit(SWLRT) project for the Metropolitan Council was at tonight's meeting to give an update on the SWLRT project. He noted Mr. Alexander also gave the Council an update on SWLRT in their workshop earlier this evening. Mr. Alexander said the SWLRT project is now 100% locally funded. He noted Eden Prairie will participate in the in-kind land contribution funding for the project. He reviewed the milestones completed to date which included the completion of environmental reviews, application for entry into engineering for FTA New Starts Programs and the completion of 90% of the engineering and design. He also reviewed future milestones, the anticipated Met Council agreements with Eden Prairie, the project contracts, and the right-of-way acquisitions. They are developing a construction outreach/communication plan that will incorporate best practices used for large-scale national public works projects and will include lessons learned from the Blue and Green Line projects. In addition, they plan to work closely with the cities along the SWLRT line on communication and outreach. CITY COUNCIL MINUTES September 20, 2016 Page 2 Case thanked Mr. Alexander for his presentation and also for coming out for the Council workshop tonight. He noted the plans for the SWLRT project have been in existence since before the high school students in the audience were born. He believed having light rail will be a boon to Eden Prairie's economic vitality. B. DONATION FROM THE SAMPSON FAMILY FOR ART CENTER EQUIPMENT (Resolution No. 2016-97) Lotthammer said we have received a donation of$10,236.13 from Mrs. Sampson to be used for large studio equipment for the arts programs. He noted we appreciate her family's continued support for the Art Center. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2016-97 accepting the donation of$10,236.13 from the Sampson family for Art Center equipment. Motion carried 3-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Nelson, to approve the agenda as published. Motion carried 3-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 6, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 2016 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, September 6, 2016, as published, and to approve the minutes of the City Council meeting held Tuesday, September 6, 2016, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE 19-2016 CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC —CEDAR RIDGE ELEMENTARY SCHOOL C. APPROVE SECOND READING OF ORDINANCE 20-2016 CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC —OAK POINT ELEMENTARY SCHOOL CITY COUNCIL MINUTES September 20, 2016 Page 3 D. APPROVE SECOND READING OF ORDINANCE 21-2016 CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC —EDEN LAKE ELEMENTARY SCHOOL E. APPROVE SECOND READING OF ORDINANCE 22-2016 CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC —FOREST HILLS ELEMENTARY SCHOOL F. APPROVE SECOND READING OF ORDINANCE 23-2016 CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC —HENNEPIN TECHNICAL COLLEGE G. ADOPT RESOLUTION NO. 2016-98 APPROVING PUBLICATION OF SUMMARY ORDINANCE FOR ZONING CHANGES FOR CEDAR RIDGE ELEMENTARY, OAK POINT ELEMENTARY, EDEN LAKE ELEMENTARY, FOREST HILLS ELEMENTARY AND HENNEPIN TECHNICAL COLLEGE H. ADOPT RESOLUTION NO. 2016-99 APPROVING FINAL PLAT OF BURR RIDGE ADDITION I. ADOPT RESOLUTION NO. 2016-100 APPROVING FINAL PLAT OF WHITETAIL BLUFF J. ADOPT RESOLUTION NO. 2016-101 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE K. APPROVE TWO-YEAR CONTRACT WITH ALLINA HEALTH EMERGENCY MEDICAL SERVICES TO PROVIDE FIRE DEPARTMENT EMS TRAINING L. APPROVE SUBORDINATE FUNDING AGREEMENT 07 WITH METROPOLITAN COUNCIL FOR NEW SCOPE LRCI DESIGN FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT M. ADOPT RESOLUTION NO. 2016-102 AUTHORIZING APPLICATION FOR REIMBURSEMENT FROM THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW GRANT PROGRAM N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR WATER TREATMENT PLANT OPTIMIZATION STUDY O. AWARD CONTRACT FOR WATER AND SEWER UTILITY LEAK REPAIRS TO PARROTT CONTRACTING COMPANY INC. CITY COUNCIL MINUTES September 20, 2016 Page 4 P. AWARD CONTRACT FOR WATER AND SEWER UTILITY LEAK REPAIRS TO VALLEY RICH COMPANY INC. Q. APPROVE PURCHASE OF OPWORKS SOFTWARE R. APPROVE PURCHASE OF MICROSOFT EXCHANGE LICENSES MOTION: Aho moved, seconded by Nelson, to approve Items A-R on the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.45 RELATING TO FLOODPLAIN REGULATIONS Getschow said on May 4, 2016, the City of Eden Prairie received a Letter of Final Determination from the Federal Emergency Management Agency (FEMA) explaining the Flood Insurance Rate Maps that had been completed for our community, as well as the rest of Hennepin County's flood study area. The letter also said these maps would become effective Nov. 4, 2016. Ellis said FEMA has been working to digitize the flood insurance rate maps across the country. He showed the current non-digitized map along with the digitized version for the floodplain in Eden Prairie. While the current map provides an idea of the boundaries of the floodplain, the digitized map allows one to zoom in on a specific address. As part of the process to digitize the floodplain area, we are now required before November 4, 2016, to adopt and recognize these maps and to adopt regulations for floodplain development that are consistent with Federal policy. Properties in cities that fail to adopt the regulations by the deadline will be excluded from participating in the national flood insurance program. Ellis said the floodplain maps are largely unchanged except for the area of Nine-Mile Creek. The Nine-Mile Creek Watershed District recently remodeled the 100-year floodplain and FEMA incorporated that into the maps. Case asked if the area is delimited in red. Ellis replied it is, and it is possible to go online to see the map. Hennepin County will have a website to enter an address and determine if the property is in the floodplain area. He said the areas shown in green on the map are those that are currently in the floodplain but will move out when the map is adopted. The red areas will be added to the floodplain. He noted only the structures that are in the floodplain are of concern. Ellis said the amended ordinance proposed is similar to the existing floodplain regulations. Case asked if we will be aligning with the Federal delineation of floodplains. Ellis replied we will. There were no comments from the audience. CITY COUNCIL MINUTES September 20, 2016 Page 5 MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve first reading of an ordinance amending City Code Section 11.45 relating to floodplain regulations. Motion carried 3-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Nelson and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER Getschow announced that yesterday Eden Prairie was named by Money Magazine as the 2nd best city in which to live in the United States. He reviewed the process used by the magazine to determine the rankings for cities with populations of 50,000 to 300,000. He noted Eden Prairie is the only city in the country that has been ranked 1, 2 or 3 in the last six years. After narrowing down the field from about 820 cities to 50, Money Magazine staff toured each of the 50 cities and spent a lot of time in the community interviewing residents, businesses and City staff. Case read a comment from the Money Magazine website that noted Eden Prairie has appeared on their list several times. They went on to say one of the big reasons for the second place ranking was the economy because there are 57,000 jobs for 62,000 residents, and an unemployment rate of 3.7%. He said he was proud to be part of the Eden Prairie City Council, and he believed Eden Prairie has an amazing City staff and community residents. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES September 20, 2016 Page 6 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 3-0. Acting Mayor Case adjourned the meeting at 7:36 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent October 4, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIILA Robert Ellis Second Reading of an Ordinance Amending Public Works/Engineering City Code Section 11.45, Relating to Floodplain Regulations Requested Action Move to: Approve second reading of an Ordinance mending City Code Section 11.45 relating to floodplain regulations and adopt resolution approving publication of summary ordinance. Synopsis On May 4, 2016, the City of Eden Prairie received a Letter of Final Determination (LFD) from the Federal Emergency Management Agency (FEMA) explaining the Flood Insurance Rate Maps (FIRMs)had been completed for our community, as well as the rest of Hennepin County's flood study area, and these maps would become effective on November 4, 2016. As a result of the LFD, our community is "required to adopt floodplain management regulations that meet the standards detailed in the Code of Federal Regulations Paragraph 60.3(d)by the effective date of the FIRM." In other words, our community must amend our floodplain ordinance to meet these FEMA standards before November 4, 2016 in order to continue participating in the National Flood Insurance Program(NFIP). FEMA further advised that, without exception, a community will be suspended from the NFIP if the required flood plain ordinance is not adopted and presented to the Chicago Regional Office by November 4, 2016. If a community is suspended from the NFIP, no flood insurance policies can be written or renewed in the community. This would have a serious impact on the people exposed to flood damage, or those who are trying to purchase a home in the designated 100-year floodplain, where flood insurance is a requirement of the loan. The ordinance amendment recognizes the new Flood Insurance Rate Maps (FIRMs) which have been digitized with aerial backgrounds. These maps provide a higher level of detail of flood prone areas in relation to individual parcels and structures. The Nine Mile Creek FIRM boundaries include a few differences from the old FIRMs based on newer modeling done by the Nine Mile Creek Watershed District. The Riley Creek, Purgatory Creek and Minnesota River flood boundaries are mostly unchanged at this point in time, but changes are anticipated in the future once more accurate models have been developed. The ordinance amendment establishes Floodway, Flood Fringe and General Floodplain Districts. Each district has permitted uses and conditional uses. The City Engineer is charged with interpreting the boundary location of the various districts. By and large the proposed ordinance is in alignment with many of the review and approval requirements found in the existing ordinance. The new ordinance does recognize the floodway district as needing special protections from development as the level of risk is significantly higher than that of the floodplain. The new ordinance also allows new flexibilities through conditional uses which were not allowed in the previous ordinance. The Planning Commission recommended approval at their August 22, 2016, meeting. Attachments • Ordinance • Ordinance Summary • Resolution • FEMA Letter of Final Determination • MnDNR Conditional Ordinance Approval Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING IN ITS ENTIRETY SECTION 11.45 RELATING TO FLOODPLAIN REGULATIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.45 is amended to read as follows: SECTION 11.45 FLOODPLAIN REGULATIONS. Subd. 1. Statutory Authorization and Purpose. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Minnesota Statutes Chapter 103F further states that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the City does ordain as follows: A. Statement of Purpose. This Section regulates development in the flood hazard areas of the City. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this Section to promote the public health, safety, and general welfare by minimizing these losses and disruptions. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. B. National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. Subd. 2. General Provisions. How to Use This Section. This Section adopts the floodplain maps applicable to the City and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 1 1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subdivisions 4 or 5 will apply, depending on the location of a property. 2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subdivision 4 apply unless the floodway boundary is determined, according to the process outlined in Subdivision 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subdivision 5 may apply outside the floodway. B. Lands to Which this Section Applies. This Section applies to all lands within the jurisdiction of the City shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this Section. In case of a conflict, the more restrictive standards will apply. The City Engineer may review and reasonably utilize any regional flood elevation and floodway data available from a federal, state or other source in determining the boundary of the Floodway, Flood Fringe, or General Floodplain District. C. Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this Section. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Engineer. Effective Flood Insurance Rate Map panels include: 27053C0319F 27053C0344F 27053C0432F 27053C0442F 27053C0338F 27053C0410F 27053C0434F 27053C0445F 27053C0339F 27053C0420F 27053C0435F 27053C0343F 27053C0430F 27053C0440F D. Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. E. Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The City Engineer must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National 2 Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. F. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this Section imposes greater restrictions, the provisions of this Section prevail. All other ordinances inconsistent with this Section are hereby repealed to the extent of the inconsistency only. G. Warning and Disclaimer of Liability. This Section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This Section does not create liability on the part of the City or its officers or employees for any flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder. H. Severability. If any subdivision, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of law, the remainder of this Section shall not be affected and shall remain in full force. I. Annexations. The Flood Insurance Rate Map panels adopted by reference into Subd. 2.0 may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this Section. If any of these floodplain land areas are annexed into the City after the date of adoption of this Section, the newly annexed floodplain lands will be subject to the provisions of this Section immediately upon the date of annexation. J. Detachments.The Flood Insurance Rate Map panels adopted by reference into Subd. 2.0 will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this Section. If any of these floodplain areas are detached from a municipality and come under the jurisdiction of the City after the date of adoption of this Section, the newly detached floodplain lands will be subject to the provisions of this Section immediately upon the date of detachment. Subd. 3. Definitions. A. Unless specifically defined below, words or phrases used in this Section must be interpreted according to common usage and so as to give this Section its most reasonable application. 1. Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. 3 3. Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 4. Conditional Use— a specific type of structure or land use listed in this Section that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 5. Critical Facilities — facilities necessary to the City's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. 6. Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 7. Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 8. Farm Fence — A fence as defined by Minnesota Statutes Section 344.02, Subd. 1(a)—(d). An open type fence of posts and wire is not considered to be a structure under this Section. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this Section. 9. Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 10. Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 11. Flood Fringe — the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. 12. Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium 4 zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 13. Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood"). 14. Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 15. Floodproofing — a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 16. Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 17. Lowest Floor— the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. 18. Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." 19. New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this Section. 20. Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 21. One Hundred Year Floodplain—lands inundated by the Regional Flood. 22. Principal Use or Structure — all uses or structures that are not accessory uses or structures. 23. Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, 5 the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 24. Recreational Vehicle— a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self- propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Section, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." 25. Regional Flood — a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 26. Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 27. Repetitive Loss - Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. 28. Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." 29. Start of Construction — includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the building permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 6 30. Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including,but not limited to,buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Subd. 10.13.2, and other similar items. 31. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 32. Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term Substantial Improvement does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. Subd. 4. Establishment of Zoning Districts. A. Districts. 1. Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subd. 2.C. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 2. Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subd. 2.C, but are located outside of the floodway. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 7 3. General Floodplain District. The General Floodplain District includes riverine areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Subd. 2.C. B. Applicability. Within the floodplain districts established in this Subdivision 4, the use, size, type and location of development must comply with the terms of this Section and other applicable regulations. In no case shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subdivisions 5, 6, and 7 are prohibited. In addition, critical facilities are prohibited in all floodplain districts. Subd. 5. Floodway District (FW). A. Permitted Uses. The following uses, subject to the standards set forth in Subd. 5.13, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial-commercial loading areas, parking areas, and airport landing strips. 3. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. 5. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the City notifies the Department of Natural Resources' Area Hydrologist at least ten days prior to issuance of any permit for such uses. B. Standards for Floodway Permitted Uses. 1. The use must have a low flood damage potential. 2. The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 3. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 8 C. Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Subdivision 11.1) of this Section and City Code Section 11.41 and further subject to the standards set forth in Subd. 5.1), if otherwise allowed in the underlying zoning district or any applicable overlay district. 1. Structures accessory to the uses listed in Subd. 5.A and the uses listed in Subd. 5.C.2 through 5.C.7. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas,boat rentals, docks,piers, wharves, and water control structures. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences that obstruct flood flows. Farm fences are permitted uses. 6. Travel-ready recreational vehicles meeting the exemption standards in Subd. 10.B. 7. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. D. Standards for Floodway Conditional Uses. 1. All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. Fill; Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplaln must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Engineer has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 3. Accessory Structures. Accessory structures may be permitted,provided that: 9 (a) Structures are not intended for human habitation; (b) Structures will have a low flood damage potential; (c) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4. Structural works for flood control that will change the course, current, or cross- section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 5. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance of regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Subd. 6. Flood Fringe District (FF) 10 A. Permitted Uses. Permitted uses in the Flood Fringe District are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Subd. 6.B. B. Standards for Flood Fringe Permitted Uses: 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 2. Accessory Structures. As an alternative to the fill requirements of Subd. 6.B.1, structures accessory to the uses identified in Subd. 6.A may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code,provided that: (a) The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation (RFPE) must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the RFPE. (c) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 3. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subd. 6.B.1, or if allowed as a conditional use under Subd. 6.C. 4. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 11 5. All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 6. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 7. All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 8. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the City Engineer. 9. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 10. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 11. Manufactured homes and recreational vehicles must meet the standards of Subdivision 10. C. Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Subdivision 11.D and City Code Section 11.41. 1. Any structure that is not elevated on fill or floodproofed in accordance with Subds. 6.13.1 or 6.13.2. 2. Storage of any material or equipment below the regulatory flood protection elevation. 3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subd. 6.13.1. D. Standards for Flood Fringe Conditional Uses. 1. The standards listed in Subds. 6.13.4 through 6.13.10 apply to all conditional uses. 12 2. Basements are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subd. 6.D.3. 3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Engineer. (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. Subd. 7. General Floodplain District (GF) A. Permitted Uses: 1. The uses listed in Subd. 5.A are permitted uses in the General Floodplaln District. 2. All other uses are permitted subject to the floodway/flood fringe evaluation criteria specified in Subd. 7.B. Subd. 5 applies if the proposed use is determined to be in the Floodway District. Subd. 6 applies if the proposed use is determined to be in the Flood Fringe District. 13 B. Procedures for Floodway and Flood Fringe Determinations: 1. Upon receipt of an application for a permit or other approval within the General Floodplaln District, the City Engineer shall obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 2. If regional flood elevation and floodway data are not readily available, the applicant shall furnish additional information as needed to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subd. 7.13.3. 3. The determination of floodway and flood fringe must include the following factors, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 4. The City Engineer shall review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment shall include the cumulative effects of previous floodway encroachments. The City Engineer may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the City Engineer may approve or deny the application. 5. Once the Floodway and Flood Fringe District boundaries have been determined, the City Engineer shall process the permit application consistent with the applicable provisions of Subdivisions 5 and 6. Subd. 8. Land Development Standards. A. In General. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this Subdivision 8 apply to all land within the City. 14 B. Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply, or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this Section. 1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 2. All subdivisions shall have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Engineer. The plan shall be prepared by a registered engineer or other qualified individual, and shall demonstrate that adequate time and personnel exist to carry out the evacuation. 3. For all subdivisions in the Foodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. 4. In the General Floodplain District, applicants shall provide the information required in Subd. 7.13 to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 5. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) The proposal is consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. C. Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) shall be: 1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. Constructed with materials and utility equipment resistant to flood damage; 15 3. Constructed by methods and practices that minimize flood damage; and 4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subd. 9. Public Utilities, Railroads, Roads, and Bridges A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Subdivisions 5 and 6. These transportation facilities shall be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where the City Engineer determines that failure or interruption of transportation services will not endanger the public health or safety. C. On-site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: 1) On-site water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions of Minnesota Rules Chapter 4725.4350; and 2) New or replacement on-site sewage treatment systems (i) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, (ii) shall not be subject to impairment or contamination during times of flooding, and (iii) are subject to the provisions of Minnesota Rules Chapter 7080.2270. Subd. 10. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles. A. Manufactured Homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 1. Placement or replacement of manufactured homes is prohibited in the Floodway, Flood Fringe and General Floodplain Districts. B. Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds located in the floodplain shall meet the exemption criteria below or be treated as new structures meeting the requirements of this Section. 1. Recreational vehicles are exempt from the provisions of this Section if they are placed in any of the following areas and meet the criteria listed in Subd. 10.B.2: 16 (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium-type associations. 2. Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in this Subd. 10.13.2. (f) An accessory structure must constitute a minimal investment 3. Recreational vehicles that are exempt under Subd. 10.13.2 lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Subd. 6. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. Subd. 11. Administration A. City Engineer. The City Engineer or other official designated by the City Manager shall administer and enforce this Section. B. Permit Requirements. 1. Permit Required. A permit shall be obtained from the City Engineer prior to conducting the following activities in the Floodway District, Flood Fringe District, or General Floodplaln District: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other 17 planned work, constitutes a substantial improvement as defined in this section. (b) The change of use of a building, structure, or land. (c) The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this Section. (d) The change or expansion of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of"development" as defined in this Section. 2. Application for Permit. Permit applications shall be submitted to the City Engineer on forms provided by the City Engineer. The permit application shall include the following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the City Engineer as necessary to properly evaluate the permit application. 3. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No new or altered building, land, or structure shall be occupied or used in any manner until a certificate of zoning compliance has been issued by the City Engineer stating that the use of the building or land conforms to the requirements of this Section. 4. Certification. Upon completion of activities covered by a permit issued under this Section, the permit holder shall submit to the City Engineer certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance 18 with the provisions of this Section. Floodproofing measures shall be certified by a registered professional engineer or registered architect. 5. Record of First Floor Elevation. The City Engineer shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplaln. The City Engineer shall also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 6. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the City Engineer shall notify adjacent communities. If the applicant has applied for a permit from the DNR to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. The City Engineer shall submit a copy of the notification to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 7. Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the City Engineer shall notify the Chicago Regional Office of FEMA of physical changes that increase or decrease base flood elevation in the City by submitting a copy of the relevant technical or scientific data. C. Variances. 1. Variance Applications. An application for a variance to the provisions of this Section will be processed and reviewed in accordance with Minnesota Statutes Section 462.357 and City Code Section 11.76. 2. Adherence to State Floodplaln Management Standards. A variance must not allow a use that is not allowed in the underlying zoning district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 3. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) The City shall not issue variances within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) The City shall only issue variances upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public 19 expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) The City shall only issue variances upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Flood Insurance Notice. The City Engineer shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. 5. General Considerations. The City shall consider the following factors in granting variances and imposing conditions on variances and conditional use permits in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; 20 (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 6. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City Engineer shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7. Submittal of Final Decisions to the DNR. The City Engineer shall forward a copy of all decisions granting variances to the DNR within ten days of such action. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 8. Record-Keeping. The City Engineer shall maintain a record of all variance actions, including justification for their issuance, and shall report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. D. Conditional Uses. 1. Administrative Review. An application for a conditional use permit under this Section will be processed and reviewed in accordance with City Code Section 11.41. 2. Factors Used in Decision-Making. In deciding whether to grant a conditional use permit, the Council shall consider all relevant factors specified in Subdivision 11.C.5 of this Section and in City Code Section 11.41. 3. Conditions Attached to Conditional Use Permits. The Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this Section. The applicant for a conditional use permit shall submit a plan or document certified by a registered professional engineer or architect 21 that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City Engineer shall submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 5. Submittal of Final Decisions to the DNR. The City Engineer shall forward a copy of all decisions granting conditional use permits under this Section to the DNR within ten days of such action. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subd. 12. Nonconformities. A. Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section, including historic structures as defined in Subd. 3.A.31, may be continued subject to the following conditions. 1. A nonconforming use, structure, or occupancy shall not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subd. 12.A.2. Expansion or enlargement of uses, structures, or occupancies within the Floodway District is prohibited. 2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 12.A.3 and 12.A.7. 3. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subdivisions 5 or 6 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions shall include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this Section. 5. If any nonconformity is substantially damaged, it may not be reconstructed except in conformity with the provisions of this Section. The applicable provisions for 22 establishing new uses or new structures in Subdivisions 5 or 6 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 6. If any nonconforming use or structure experiences a repetitive loss, it shall not be reconstructed except in conformity with the provisions of this Section. 7. Any substantial improvement to a nonconforming structure requires that the existing structure and any additions shall meet the requirements of Subdivisions 5 or 6 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Subd. 13. Penalties and Enforcement. A. Violation Constitutes a Misdemeanor: Every person who violates the provisions of this Section or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional use permits) is guilty of a misdemeanor and will be punished as permitted by law. B. Other Lawful Action. Nothing in this Section shall prohibit the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the City Engineer within the specified period of time, each additional day that lapses shall constitute an additional violation of this Section and will be prosecuted accordingly. C. Enforcement. Violations of the provisions of this Section will be investigated and resolved in accordance with the provisions of Section 11.79 of this Chapter. In responding to a suspected violation of this Section, the City Manager may utilize the full array of enforcement actions available, including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City shall act in good faith to enforce these official controls and to correct violations of this Section to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Subd. 14. Amendments. A. Floodplain Designation — Restrictions on Removal. The City shall not remove the floodplain designation on the Official Zoning Map from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. B. Amendments Require DNR Approval: The City shall submit all proposed amendments to this Section to the Commissioner of the Department of Natural Resources (DNR) for 23 approval prior to adoption. The Commissioner must approve the amendment prior to adoption by the City. C. Map Revisions Require Amendments: This Section shall be amended from time to time to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subdivision 2.C. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. This Ordinance shall be in full force and effort from and after its passage and approval and publication, as required by law and/or charter. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2016, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of 2016 24 EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 24-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING IN ITS ENTIRETY SECTION 11.45 RELATING TO FLOODPLAIN REGULATIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 24-2016. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance is a complete re-write of City Code Section 11.45,which contains the City's floodplain regulations. The amendment was required by new regulations and guidance from the Federal Emergency Management Agency (FEMA) in the form of new Flood Insurance Rate Maps for Hennepin County. The City is required to implement regulations that meet FEMA standards before November 4,2016 or lose eligibility to participate in the National Flood Insurance Program. While the prior floodplain ordinance only provided for one overlay Flood Plain District, this Ordinance establishes the Floodway, Flood Fringe, and General Floodplain Districts. The Ordinance and provides for permitted and conditional uses in each district and details the standards for these uses.The Ordinance also includes more detailed regulations regarding subdivision of land; public utilities, railroads, roads, and bridges; and the placement manufactured homes and recreational vehicles in the floodplain districts.The Ordinance requires a permit from the City before conducting certain activities in the floodplain districts, and provides standards for conditional uses, variances, and nonconforming uses. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 24-2016 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 24-2016 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4"'day of October, 2016. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,THAT THE CITY COUNCIL FINDS,DETERMINES,AND ORDERS AS FOLLOWS: A. Ordinance No. 24-2016 is lengthy. B. The text of summary of Ordinance 24-2016, attached hereto as Exhibit A, conforms to Minn. Stat. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 24-2016 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on October 4, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Federal Emergency Management Agency °� Washington, D.C. 20472 �l4ND SEGJ CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 19P May 4, 2016 The Honorable Nancy Tyra-Lukens Community: City of Eden Prairie, Mayor, City of Eden Prairie Hennepin County,Minnesota City Hall Community No.: 270159 8080 Mitchell Road Map Panels Affected: See FIRM Index Eden Prairie,Minnesota 55344 Dear Mayor Tyra-Lukens: This is to formally notify you of the final flood hazard determination for the City of Eden Prairie, Hennepin County,Minnesota,in compliance with Title 44, Chapter I,Part 67, Section 67.11, Code of Federal Regulations(CFR). This section requires that notice of final flood hazards shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. On September 2,2004,the Department of Homeland Security's Federal Emergency Management Agency (FEMA)issued a Flood Insurance Rate Map(FIRM)that identified the Special Flood Hazard Areas (SFHAs),the areas subject to inundation by the base(I-percent-annual-chance)flood,in your community. Recently,FEMA completed a re-evaluation of flood hazards in your community. On December 31, 2005, and August 17, 2012,FEMA provided you with Preliminary copies of the FIRM and Flood Insurance Study(FIS)report that identify existing flood hazards in your community, including Base Flood Elevations (BFEs). The proposed flood hazard determinations(FHDs)for your community were published in the Star Tribune on March 29, 2013,and April 5, 2013, and in the Federal Register, at Part 67,Volume 78,Page 8180, on February 5, 2013. The statutory 90-day appeal period,which was initiated on the second newspaper publication date cited above,has ended. FEMA did not receive any appeals of the proposed FHDs during that time. Accordingly,the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on November 4, 2016. Before the effective date,FEMA will send you final printed copies of the FIRM and FIS report. Because the FIS report establishing the FHDs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to November 4, 2016,your community is required, as a condition of continued eligibility in the National Flood Insurance Program(NFIP),to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d)of the enclosed NFIP regulations(44 CFR 59, etc.)by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. 2 It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIRM and FIS report to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d); 2. Adopting all the standards of Paragraph 60.3(d)into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. In addition to your community using the FIRM and FIS report to manage development in the floodplain, FEMA will use the FIRM and FIS report to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations(including basement) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for j new construction because building at a higher elevation can greatly reduce the cost of flood insurance. I To assist your community in maintaining the FIRM,we have enclosed a Summary of Map Actions to document previous Letter of Map Change(LOMC)actions(i.e.,Letters of Map Amendment(LOMAs), Letters of Map Revision(LOMRs))that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1)LOMCs for which results have been included on the revised FIRM panels; (2)LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3)LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and(4)LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the I validity of a previously issued LOMC;the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective I day after the revised FIRM becomes effective. For the LOMCs listed in Category 4,we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. i The FIRM and FIS report for your community have been prepared in our countywide format,which means that flood hazard information for all jurisdictions within Hennepin County has been combined into one FIRM and FIS report. When the FIRM and FIS report are printed and distributed,your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials, where they will be available for review by your community. i i i i 3 The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and distributed,the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIX),toll free, at 1-877-FEMA-MAP (1-877-336-2627). In addition,your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If your community is encountering difficulties in enacting the necessary floodplain management measures required to continue participation in the NFIP, we urge you to call the Director,Federal Insurance and Mitigation Division of FEMA in Chicago,Illinois, at(312)408-5500 for assistance. If you have any questions concerning mapping issues in general or the enclosed Summary of Map Actions,please call FMIX at the telephone number shown above. Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations,Answers to Questions About the NFIP,Frequently Asked Questions Regarding the Effect that Revised Flood Hazards have on Existing Structures, Use of Flood Insurance Study(FIS)Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling FMIX. Sincerely, r Luis Rodriguez,P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final Summary of Map Actions cc: Community Map Repository Rick Getschow,City Manager, City of Eden Prairie MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE 500 LAFAYETTE ROAD, BOX 25 It SAINT PAUL,MN 55155 A A t�I D I R 651-646-6157 �V��V V�V f-1 888-646-6367 August 9, 2016 The Honorable Nancy Tyra-Lukens Mayor, City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN SS344 CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE &REQUIRED NEXT STEPS Dear Honorable Mayor Tyra-Lukens, The Department of Natural Resources (DNR) received via email on August S, 2016, a draft floodplain management ordinance for the City of Eden Prairie from Public Works Director Robert Ellis. This ordinance is being adopted in order to incorporate the Flood Insurance Study, Hennepin County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an effective date of November 4, 2016. The city should consider a couple of minor amendments to Subdivisions 3 and 4(A) to add clarity to the ordinance. These revisions are detailed in the relevant pages of enclosed draft. Apart from the above items, the draft floodplain management ordinance is in compliance with the state floodplain management rules (MR 6120.S000 to 6120.6200) and,to the best of my knowledge, with the floodplain management standards of the Federal Emergency Management Agency. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the draft floodplain management ordinance, provided the above - mentioned revisions are made. This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one (1) copy each of the adopted ordinance(signed and stamped with the community seal), the affidavit of publication, and the completed "Ordinance Certification Checklist"that I have enclosed. Please forward these documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul at the address above in the header. Upon receipt and verification, Ms. Strauss will transmit one copy of these materials to Mr. John Devine at FEMA's Chicago Regional Office. PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gOV 500 LAFAYETTE ROAD•SAINT PAUL,MN 55155 MINIMUM OF 10%POST-CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER Please remember, FEMA must receive a signed, certified, and in-effect ordinance no later than November 4, 2016. To allow sufficient time for processing and transmittal, we request that you submit the requested materials to the DNR no later than November 1, 2016. If FEMA has not received the documentation by the map effective date, FEMA will suspend the City from the National Flood Insurance Program. Please be advised that any future amendments of this ordinance or change in the designation of flood prone areas require prior approval of the Commissioner. In addition,you are required to send copies of hearing notices and final decisions pertaining to variance, conditional uses, and ordinance amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above address. Should you have any questions on this ordinance or related matters, please contact Ms. Strauss at (651) 259-5713 or ceil.strauss@state.mn.us. While our office in St. Paul will continue to be the main contact for the ordinance update,your DNR Area Hydrologist will continue to be your main contact for day to day assistance with administering your floodplain management ordinance and questions about other DNR water-related programs and permits. Your Area Hydrologist is Kate Drewry, who can be contacted at 651-259-5753 or kate.drewry@state.mn.us. The DNR greatly appreciates your community's cooperation and initiative in providing for the reduction of flood damages through the adoption and administration of this ordinance. Sincerely, . z ' �- Jennifer Shillco Land Use Section Supervisor Enclosures: Ordinance Certification Checklist Draft Ordinance with suggested revisions ec: Jessica Vanderwerff Wilson, Water Resources Coordinator - City of Edina 'Terri Yearwood, DNR Eco-Waters' Regional Manager Jeanne Daniels, DNR Eco-Waters' District Manager Kate Drewry,Area Hydrologist CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 4, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 12-5818 ITEM NO.: VIILB. Public Works /Engineering Construction Cooperative Agreement with Rodney Rue Hennepin County for Reconstruction of CSAH No. 61 (Flying Cloud Drive) from Charlson Road to CSAH No. 101 in Carver County Requested Action Move to: Adopt resolution approving Construction Cooperative Agreement No. PW 57-49-16 with Hennepin County for the reconstruction of CSAH No. 61 (Flying Cloud Drive) from Charlson Road to CSAH No. 101 in Carver County. Synopsis This Construction Cooperative Agreement defines the financial and maintenance responsibilities associated with this CSAH No. 61 reconstruction project. Since this corridor was previously a state trunk highway, MnDOT will be participating in the funding for this project with Turnback Funds. In addition, the reconstruction project extends into Carver County so therefore, Carver County and the City of Chanhassen will also share in the project costs. There will be a $200,000 contribution from the county for all costs associated with a future landscape project that the City will administer for the corridor. The estimated City share for this project is $688,545.35. The City's share of the project is proposed to be financed with Municipal State Aid (MSA) funds, as well as sewer and water funds. Background Information A public hearing was held on March 4, 2014, where Layout No. 4 was approved. Since that time, Hennepin County has designed the project and prepared construction documents. The construction plans are consistent with the approved Layout No. 4 so therefore Hennepin County will not require us to approve the plans and specifications for the re-construction project. With approval of this Agreement, Hennepin County will be prepared to proceed with bidding and construction of this project. It is anticipated that the project will be bid in December 2016, with construction to begin in the spring of 2017. Closures of the roadway are expected from Charlson Road to Spring Road (CSAH No. 4) in 2017 and from Spring Road to CSAH 101 in Carver County in 2018. Substantial completion is anticipated in 2019. Attachments • Resolution • Construction Cooperative Agreement No. PW 57-49-16 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- APPROVE CONSTRUCTION COOPERATIVE AGREEMENT FOR THE RECONSTRUCTION OF CSAH NO. 61 (FLYING CLOUD DRIVE) FROM CHARLSON ROAD TO CSAH NO. 101 IN CARVER COUNTY, I.C. 12-5818 WHEREAS, Hennepin County has prepared construction plans for the reconstruction of CSAH No. 61 (Flying Cloud Drive) roadway improvements from Charlson Road to CSAH No. 101 in Carver County within the corporate boundaries of the City of Eden Prairie; and WHEREAS, the Eden Prairie City Council approved Layout No. 4 for the reconstruction of CSAH No. 61 from Charlson Road to CSAH No. 101 on March 4, 2014; and WHEREAS, the construction plans are consistent with the approved layout; and WHEREAS, a Construction Cooperative Agreement No. PW 57-49-16 has been prepared by Hennepin County which identifies the maintenance and financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Construction Cooperative Agreement No. PW 57-49-16 for County Project No. 0904 (City Project 12-5818) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on October 4, 2016. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 4, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal— Parks and Recreation Dryland Training Facility for Community Center Rink 2 Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for development and construction of a Dryland Training Facility for Community Center Rink 2. Synopsis As a result of reducing the size of rink 2 from Olympic size to a standard size rink, a 20'x180' space became available adjacent to the rink. This created an opportunity to provide a safe environment for the development of dry land training space at the Community Center. This new space will allow for specialized dryland training for a variety of user groups including youth hockey, figure skating and swim clubs along with fit kids club and fitness participants. Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. In order to apply for the grant it must submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. The estimated cost of the project is $65,000. Background The purpose of these grants is to allow municipalities,park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION RELATING TO FACILITY GRANT WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities; and WHEREAS, City of Eden Prairie (local government unit, hereinafter LGU) desires to develop a Dryland Training Facility (name of project, hereinafter PROJECT). NOW, THEREFORE BE IT RESOLVED BY THE Eden Prairie City Council: L The estimate of the total cost of developing PROJECT shall be $65,000.00. The LGU is requesting $45,000.00 from the Hennepin Youth Sports Program and will assume responsibility for providing matching funds of$20,000.00. IL The City of Eden Prairie (LGU or other entity as allowed by LGU) is the owner of the property where the PROJECT is located. City of Eden Prairie will own the property where PROJECT is located for at least the functional life of the facility, which is estimated to be 40 years. The PROJECT may not be converted to a non-public or non-recreational uses within this time period without the approval of Hennepin County. III. The City of Eden Prairie agrees to assume one hundred (100) percent of operational and maintenance costs for PROJECT. City of Eden Prairie (same entity) will operate PROJECT for its intended purpose as stated in the PROJECT application for the functional life of the facility. IV. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. V. That Eden Prairie City Council is authorized and directed to execute the application for the Hennepin Youth Sports Program grant. ADOPTED by the City Council of the City of Eden Prairie this 4th day of October, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 4, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILD. Paul Sticha, Administration, Atrium Furniture Facilities Requested Action Move to: Award the contract for purchase of furniture for the City Hall Atrium to General Office Products. Synopsis Design for the atrium update and specification for furniture was completed by Baker Design with input from City staff. Quotes were obtained by City staff for the furniture with General Office Products being the low quote. Base Bid General Office Products $29,643.03 Interium $29,871.13 Attachment Contract u Standard Purchasing Contract This Contract ("Contract") is made on the 4th day of October, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and General Office Products, a Minnesota Corporation,(hereinafter "Vendor") whose business address is 4521 Highway 7, Minneapolis, MN 55416. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Atrium Furniture, hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by March 31, 2017. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $29,643.03 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Jennifer Kurek to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims Standard Purchasing Contract 2014.01 Page 1 of 3 for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 14. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract. 15. Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements Standard Purchasing Contract 2014.01 Page 2 of 3 as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 16. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Governinq Law, This Contract shall be controlled by the laws of the State of Minnesota. 19. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 20. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, its Mayor Rick Getschow, its City Manager GENERAL OFFICE PRODUCTS By: Its: Standard Purchasing Contract 2014.01 Page 3 of 3 . Exhibit _A. GENERAL OFFICE PRODUCTS COMPANY Quotation 4521 Highway Seven Phone: (952) 925-7500 Minneapolis, MN 55416 Fax: (952) 925-7531 Page 1 www.gopco.com Quote Quote Customer Account Project Number Date Customer Order Number Number Representative ID 250574 8/30/2016 CITY OF EP 132455 Jennifer Kurek 952.925.7552 QUOTE TO: SHIP TO: Accounts Payable Paul Sticha City of Eden Prairie City of Eden Prairie City Center City Center 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 P: 952.949.8488 ap@edenprairie.org psticha@edenprairie.org Terms: Net 15 From Inv Date Extended Line Quantity Catalog Number/Description Unit Price ` Amount 1 9 BS1-CLWAI-CA120 JSI 1,502.68 13,524.12 LOUNGE CHAIR BESPACE SERIES - MODEL BS1 FINISH: CLEAR ON WALNUT METAL FINISH: TO BE DETERMINED UPH. INFO: MOMENTUM CASHMERE MAPLE - GRADE C 2 1 BS2 CLWAI CA120 JSI 2,117.14 2,117.14 LOUNGE SETTEE BESPACE SERIES - MODEL BS2 FINISH: CLEAR ON WALNUT METAL FINISH: TO BE DETERMINED UPH. INFO: MOMENTUM CASHMERE MAPLE - GRADE C 3 1 BS3 CLWAI CA120 JSI 2,567.68 2,567.68 LOUNGE SOFA BESPACE SERIES - MODEL BS3 FINISH: CLEAR ON WALNUT METAL FINISH: TO BE DETERMINED UPH. INFO: MOMENTUM CASHMERE MAPLE - GRADE C 4 2 446-SRT CAROLINABU 1,234.29 2,468.58 Basket 49" x 27" x 16" Soft Rectangle Cocktail Table. HPL: Shadow - Will be Discontinued in September 2016 1 HAVE READ AND AGREE WITH THE QUOTATION AND THE SALES TERMS AND CONDITIONS ON THETERMS AND CONDITIONS PAGE MADE A PART OF THIS QUOTATION. ACCEPTED BY: TITLE: DATE: ADDRESS: EQUAL OPPORTUNITY EMPLOYER GENERAL OFFICE PRODUCTS COMPANY Quotation 4521 Highway Seven Phone: (952) 925-7500 Minneapolis, MN 55416 Fax: (952) 925-7531 www.gopco.com Page 2 (cont'd) Quote Quote Customer Account Project Number Date Customer Order Number Number ' Representative ID 250574 8/30/2016 CITY OF EP 132455 Jennifer Kurek 952.925.7552 Extended Line Quantity Catalog Number?Description Unit Price Amount 5 6 446-45SQ CAROLINABU 807.86 4,847.16 Basket Squircle End Tables 45 x 45 x 16 Cocktail Tables Wallaby Laminate 6 6 3510 ENCOREONQ 452.38 2,714.28 Encore Signal with Wood Arms: 3510-W - Fully Upholstered, with Wood Arms - Standard Metal Frame. 7 2 APPLAUSE 30 X30 DIA FIRSTOFF 365.71 731.42 30 X 30 Applause Round Table QUOTATION TOTALS Sub Total 28,970.38 i FIRSTOFF Freight Charge 117.65 Sales Tax 0% (Exempt) 0.00 Grand Total 29,088.03 *******End of Quotation******* UT-{ L , 03 i i I HAVE READ AND AGREE WITH THE QUOTATION AND THE SALES TERMS AND CONDITIONS ON THE TERMS AND CONDITIONS PAGE MADE A PART OF THIS QUOTATION. ACCEPTED BY: TITLE: DATE: ADDRESS: EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 4, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: MILE. Office of City Manager Resolution Approving Appointment of Election Kathleen Porta, City Clerk Judges & Student Election Judges for the General Election Requested Action Move to: Adopt the resolution approving the appointment of election judges and student election judges for the November 8, 2016, General Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. These judges are in addition to the ones approved at the June 14, 2016, City Council meeting. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges, student judges,or alternate judges and are appointed for the General Election to be held November 8, 2016. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Karen Anderson Daniel Feely Nick Litfin JoAnn Smith Alan Bowers Patricia Fenrick Mike McCann Jill Smith Joan Brinkman Jodie Fenske Dennis McDonald Patricia Stender Todd Carlsen Patricia Geraty Chris McDonald Kerry Taylor Eroc Cjrostoamsem Karen Greeninger Melissa McKeen William Thompson Kenneth Dahlager Debra Hetherington Adam Miller Mary Traynham Sonja Dahlager Constance Iacovelli Michael Moesenthin Rose Tuiyott-Lewis Janet Deems Patricia Jensen Mary Nierman Debbie Vlasic Martha Demetriou Barbara Jensen Raj ashire Rao Gregory Warner Susan Dickman Stacey Kaohler Lia Ringhausen Janis Weinreis Lynette Disrud Jeanne Karschnia Anne Ringquist Nancy Westby Gretchen Docter Robert Kitt,Jr. Angela Roloff Blake Wolf Christine Dodge Timothy Knaeble Jody Russell Aurora Yager Deanna Elliott- Kathleen Krueger Saoudy Saoudy Garret Zayic Stoeringh Anjali Limaye Judy Ann Scanlon Christina Factor Gail Lindblom Lisa Sisinni Students Abby Adams Peter Halvorson Haley Lundeen Nibir Sarma Jacob Anderson Abdalla Hamshari Avery Macleod Jordan Schinas Clara Bartnik Parker Hewitt Addeline Marzinske Avery Schu Nathaniel Bent Sarah Hilligoss De'ja Mathews Gabrielle Shamblott Siddharth Bhujle Tanaya Hopkins Lauren Moseman Harper Smith Josie Brill Spencer Jysjulien Pranav Nambiar Claire Song Jenna Carl Natalie Jacobwith Michelle Nguyen Summer Stieglbauer Will Claridge Bowen Juang Abdinasir Nourkadi Mira Subramanian Liam Conboy Kristen Johnson Emily Pederson Emma Swanson Faith Cornish Kendall Johnson Tanner Pekach Carter Swift Allison Cottrell Anisha Joshi Ryleigh Peltier Amelia Thoreson Ceanna Cummings Matthew Keeley Kitrina Perry Talden VandeLouw Elsa Dahlman Mikhail Korolev Lily Qian Ben Veire Vageesha Evan Liu Elise Rabuse Justin Young Dharmudusa Angela Lin Charles Rank Shelby Evans Joe Lindquist Samuel Riedel Katie Haghighi Claire Loken Lila Sahar ADOPTED by the Eden Prairie City Council on this 4t' day of October 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA DATE: SECTION: Public Hearings October 4, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning prairie Bluffs Senior Living Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution amending the Guide Plan from Low Density Residential and Office to High Density Residential; and • Adopt the Resolution for a Planned Unit Development Concept Review; and • Approve the lst reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural and Office to RM-2.5; and • Adopt the Resolution for a Preliminary Plat of six lots into one lot and one outlot. Synopsis Previous Plan (Eden Prairie Senior Living) Original plan presented on December 7,2015 The original application P.1� proposed one 3-story building with 116 units and was reviewed by the Hi1I Planning Commission on December 7, 2015 and March _ ! ' .i +Hii / 14, 2016. The Planning -� Commission recommended _ ---- _:--- approval of that proposal r - with a 6 to 0 vote. However, the developer requested to postpone the public hearing ___-- J before the Council. At that z -'a time, there were discussions of possibly adding the Robertson property, which was likely to significantly change the project and would necessitate a new review by ► Eden Pfatrie Senroi Living the Planning Commission. Revised Plan (Prairie Bluffs Senior Living) At its August 22, 2016 meeting, the Planning Commission recommended approval of a new plan for the property, which incorporates the Robertson property and increases the project area to 4.74 acres. The preliminary plat proposes to combine six existing lots into one lot and one outlot. The new proposal includes two buildings connected by a skyway. With a total of 138 units, the southern building is 3 stories while the northern building includes 3 stories with section being 4 stories. The buildings face Hennepin Town Road and surface parking is located behind the buildings facing Highway 169. The project also includes underground parking. Outlot A is proposed to be owned by the City and contains an existing wetland and a lift station. There is one access point to the project from Hennepin Town Road. The proponent will provide an access easement over its property to the City's facilities on Outlot A. Current plan being proposed i W 1 �x - L -4IP TF :� ►. Prairie Bluffs Senior Li ving Planning Commission Recommendation The Planning Commission voted 5-1 to recommend approval of the project at the August 22, 2016 meeting, subject to the conditions in the staff report, increased landscaping along Hennepin Town Road and working with the City to expedite the construction of the right turn lane on Hennepin Town Road. The 120-Day review period expires on November 30, 2016. Since the Planning Commission meeting the proponent has made the following changes to the plan: • The north building has been modified to increase the setback from the northwest corner of the building to the property line from 12.7 feet to 20 feet. • Added evergreen trees and increased the planting size of the deciduous trees along the Hennepin Town Road side of the property. • Although not required by the Planning Commission,but based on comments at the meeting, the proponent modified some of the building materials and colors so that each building looks slightly different but complementary. • The proponent is continuing to work with the City on expediting construction of the right turn lane on Hennepin Town Road. Throughout the review of this application, the proponent has indicated a willingness to include an affordability component and specifically utilizing the Elderly Waiver program. This supports the City's Comprehensive Plan in which there are a number of goals and policies encouraging elderly housing and affordable housing opportunities within the community. The plan acknowledges that there is a growing demand for affordable housing in the community and seniors are a growing segment of the population which has specific needs including affordable housing. Please refer to the attached Planning Commission report for more details regarding Comprehensive Plan policies. During the initial Planning Commission review, staff recommended that 20% of the units be designated as affordable. The proponent indicated that an affordability component closer to a 5% to 10% range would be appropriate. Affordability requirements will be included in the preparation of the Development Agreement as directed by the City Council. Requested Waivers The proponent is requesting to rezone the property to RM-2.5, which allows multi-family developments. A senior living development has characteristics unique from a typical multi- family project. Therefore, the proponent is requesting a number of waivers for the proposed project. The waivers may be reasonable given the unique nature of this project. In exchange for the waivers, the proponent is providing generous internal and external gatherings spaces and site amenities, a high level of building architecture, generous landscaping and an appropriate buffer along major roadways. Following is a list of the waivers being requested: • Building height from 45 feet to 50 feet 9 inches for the 4-story portion of the north building. • Front yard structure setback from 35 feet to 11.1 feet for the south building along Highway 169. Front yard structure setback from 35 feet to 20.2 feet for the north building along Hennepin Town Road and 27'for the south building along Hennepin Town Road. Front yard structure setback from 35 feet to 2 feet for the northwest corner of the south building along Hennepin Town Road. In response to resident's concerns, the proponent has increased the setback at the northwest corner of the north building along Hennepin Town Road from 12.7 feet to 20.2 feet. • Parking from 276 to 112 spaces of which 52 spaces are enclosed. • Front yard parking setback from 35 feet to 5 feet for the north parking lot along Pioneer Trail. Front yard parking setback from 35 feet to 10.7 feet for the south parking lot along Highway 169. • Density from 17.4 units per acre to 29.1 units per acre. Site area per dwelling unit from 2,500 square feet to 1,494 square feet. Group Usable Open Space Per Dwelling Unit from 600 square feet per unit to 216 per unit. By modifying the north building, the proponent has provided additional open space. This increased the group usable open space from 209 square feet per unit to 216 square feet per unit. • Tree replacement from 1,457 caliper inches to 55 caliper inches. The landscaping plan exceeds the landscaping requirements. The proponent has heard the resident's concerns about screening along Hennepin Town Road and has added evergreen trees and has increased the caliper size of some of the canopy trees along the Hennepin Town Road side of the buildings. The project falls short of the tree replacement requirements, but compliance with the tree replacement requirements would pose a practical difficulty upon development due to the overgrown nature of the site. However, the additional landscaping has increased the number of caliper inches that can be counted toward tree replacement. Attachments 1. Ordinance 2. Resolution-Guide Plan Change 3. Resolution—PUD Concept 4. Resolution—Preliminary Plat 5. Staff Report 6. Location Map 7. Current Guide Plan Map 8. Proposed Guide Plan Map 9. Zoning Map 10. Aerial photo 11. Planning Commission Minutes PRAIRIE BLUFFS SENIOR LIVING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016-PUD- -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural and Office Zoning Districts and be placed in the Multi-Family Residential RM-2.5 Zoning District 2016-PUD-_-2016 (hereinafter "PUD-=2016- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _, 2016 entered into between Albert Miller, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD 2016- and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2016- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 2016- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD 2016- are justified by the design of the development described therein. D. PUD 2016- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and Office Zoning Districts, and placed in the Multi-Family Residential RM-2.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD- 2016- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4) of Section 25, Township 116, Range 22, Hennepin County, Minnesota, lying South and West of County Road No. 1, and East of Hennepin Town Road, as presently located and established. (Abstract Property) Parcel 2: Outlot A, Normandy Crest,Hennepin County, Minnesota. (Abstract Property) Parcel 3: Outlot B, Prairie Bluff, Hennepin County, Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116, Range 22, except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof, said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No. 27-135. (Torrens Property, Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36, Township 116, Range 22, Hennepin County, Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36,Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof, said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet, delta angle of 20 degrees 32 minutes 52 seconds, for 342.46 feet; thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter, thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner, thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No. 27-135,filed July 21, 2003, as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116, Range 22, described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36; thence West 660 feet; thence South 330 feet; thence East 660 feet; thence North 330 feet to the point of beginning, except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property; thence North 89 degrees 43 minutes 22 seconds West, assumed bearing, along the South line of said described property 317.67 feet to the point of beginning of the line to be described; thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Department of Transportation Right of Way Plat No. 27-135,filed July 21, 2003, as Document No. 8108442. (Abstract Property) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Prairie Bluffs Senior Living, by Albert Miller is for a Comprehensive Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.58 acres, as legally described on Exhibit A ("Property"); and WHEREAS, the proposal of Prairie Bluffs Senior Living, by Albert Miller is for a 138-unit senior housing development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated September 27, 2016 and the staff report dated October 4, 2016 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 4h day of October, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4) of Section 25, Township 116, Range 22, Hennepin County, Minnesota, lying South and West of County Road No. 1, and East of Hennepin Town Road, as presently located and established. (Abstract Property) Parcel 2: Outlot A, Normandy Crest, Hennepin County, Minnesota. (Abstract Property) Parcel 3: Outlot B, Prairie Bluff, Hennepin County, Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36,Township 116, Range 22, except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof, said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No. 27-135. (Torrens Property, Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36, Township 116,Range 22, Hennepin County, Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36,Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof, said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet, delta angle of 20 degrees 32 minutes 52 seconds, for 342.46 feet; thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter, thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner, thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No. 27-135,filed July 21, 2003, as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116, Range 22, described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36; thence West 660 feet; thence South 330 feet; thence East 660 feet; thence North 330 feet to the point of beginning, except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property; thence North 89 degrees 43 minutes 22 seconds West, assumed bearing, along the South line of said described property 317.67 feet to the point of beginning of the line to be described; thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Department of Transportation Right of Way Plat No. 27-135,filed July 21, 2003, as Document No. 8108442. (Abstract Property) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE BLUFFS SENIOR LIVING FOR ALBERT MILLER WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 22, 2016, on Prairie Bluffs Senior Living by Albert Miller and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on October 4, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Bluffs Senior Living, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof ("Property"). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 27, 2016, 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 22, 2016. ADOPTED by the City Council of the City of Eden Prairie this 4"'day of October, 2016 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Prairie Bluffs Senior Living Legal Description: Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4)of Section 25, Township 116, Range 22, Hennepin County, Minnesota,lying South and West of County Road No. 1, and East of Hennepin Town Road, as presently located and established. (Abstract Property) Parcel 2: Outlot A, Normandy Crest, Hennepin County, Minnesota. (Abstract Property) Parcel 3: Outlot B, Prairie Bluff, Hennepin County, Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116, Range 22, except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof, said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No. 27-135. (Torrens Property, Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36, Township 116, Range 22, Hennepin County, Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36, Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof, said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet, delta angle of 20 degrees 32 minutes 52 seconds,for 342.46 feet; thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter, thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner, thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No. 27-135, filed July 21, 2003, as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116, Range 22, described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36; thence West 660 feet; thence South 330 feet; thence East 660 feet; thence North 330 feet to the point of beginning, except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property; thence North 89 degrees 43 minutes 22 seconds West, assumed bearing, along the South line of said described property 317.67 feet to the point of beginning of the line to be described; thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Department of Transportation Right of Way Plat No. 27-135, filed July 21, 2003, as Document No. 8108442. (Abstract Property) Staff Report-Prairie Bluffs Senior Living August 17, 2016 Page 2 This revised proposal submitted on July 13, 2016 and subsequently revised and date stamped August 17, 2016 includes the Robertson property. As a result, the building and site layout have changed significantly. Some of the noteworthy changes from the original proposal include the following: 1. The acreage of the site has increased from 3.37 acres to 4.74 acres; 2. There are now two buildings connected by a skyway; 3. The buildings are 3 story except for a portion of the north building, which is proposed to be 4 stories; 4. The number of units has increased from 116 to 138; 5. The density has decreased from 34.7 units per acre to 29.1 units per acre; 6. Trails and walking paths have been added on the property for the residents; 7. Community rooms, days rooms and other amenities have been added; 8. There is surface parking behind each of the buildings and overall there are 29 more parking stalls; and, 9. There have been some fagade improvements including the addition of balconies and other architectural features. The applicant is providing access to the City's infrastructure in the northeast corner of the site via a paved drive between the parking lots. A condition of approval is recommended that requires the establishment of this easement prior to signature of the Development Agreement. The triangular piece of MnDOT right of way south of the driveway entrance into the project area has been conveyed to the City of Eden Prairie and the excess right-of-way has been incorporated into the project. The plan includes amenities such as sidewalks, pergolas, patios, and benches within the site providing outdoor spaces and connections to the sidewalk along Hennepin Town Road. In order for these amenities to be located on what is now City's property, the proponent must enter into an encroachment agreement with the City. At the December public hearing, several questions regarding other multiple family development projects were raised. Please see below for additional information. Project Name Housing Type Density (units/acre) Parking (2 stalls/unit required) Martin Blu Multi-Family 61.83 2.0 to 1.06 /unit Summit Place Senior 27.9 2.0 to 0.7/unit Lincoln Pare Multi-Family 38.5 NA Water Tower Multi-Family 39.9 NA Rolling Hills Senior 20.95 2.0 to 1.0/unit Presbyterian Senior Component 55 units/acre for 2.0 to 0.8 /unit for senior Homes Bldgs. C & D component Real Life Co-op Senior 26 2.0 to 1.5 Based on the revised unit and parking count for this project, the proposed density is 30.2 units per acre on the subject site and is 29.1 units per acre when the excess MnDOT right of way is included. The parking count proposed is 116 stalls which correspond to 0.84 parking stalls per Staff Report—Prairie Bluffs Senior Living August 17, 2016 Page 3 unit. The proposed densities and parking ratios are consistent with previously approved multifamily and senior housing projects. BACKGROUND The five northern parcels are guided as Low Density Residential and the southern parcel is guided Office. Surrounding properties are guided Low Density Residential, Medium Density Residential and Neighborhood Commercial. The five northern parcels are zoned Rural and the southern parcel is zoned Office. Surrounding zoning is Rural, R1-13.5, RM-6.5 and Neighborhood Commercial. Highway 169 and the City of Bloomington border the property to the east. The request is to reguide the property to High Density Residential and rezone to RM-2.5 for the construction of a 138 unit senior living project. The proposed project includes independent living, assisted living, and memory care units. The proposal includes underground and surface parking. Access to the underground parking is located below the skyway. The property is situated on and near arterial and collector roadways, is proximate to commercial uses and provides for a transition between existing single family areas and high capacity roadways. Multiple family development in this location could be considered an appropriate transitional land use for the following reasons: 1. Higher density housing is a transitional land use between single family and high capacity roadways. 2. The senior housing will generate less total traffic and peak hour traffic than a commercial land use. It provides for a low impact use adjacent to the existing single family development. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested: 1. Building height from 45 feet to 50 feet 9 inches for the 4-story portion of the north building. The majority of the buildings (3-story portions) will have a maximum height of 39 feet 8 inches, which meets the standard. The exception is the 4-story portion which has a maximum height of 50 feet 9 inches. The 4-story portion is part of the north building and is a small percentage of the overall elevation of both buildings looking at the building from Hennepin Town Road. 2. Front yard structure setback from 35 feet to 11.1 feet for the south building along Highway 169. This setback area is defined as front yard due to its frontage along Highway 169. Due to the width of right-of-way for Highway 169, the proposed structure and parking area have significant distance from the Highway 169 ramp. Staff Report—Prairie Bluffs Senior Living August 17, 2016 Page 4 3. Front yard structure setback from 35 feet to 12.7 feet for the north building along Hennepin Town Road and 27' for the south building along Hennepin Towne Road. This waiver along Hennepin Town Road is reflective of the irregular shape of the parcel and is necessary due to the distance required from MnDOT property. 4. Front yard structure setback from 35 feet to 2 feet for the northwest corner of the south building along Hennepin Town Road. This is a setback to the right-of-way line of the former MnDOT property, which is now land owned by the City. The triangular remnant piece of right of way is effectively being incorporated into the project. Therefore, as a practical matter, the setback is 84 feet if measured from a line that continues the right-of-way along Hennepin Town Road. 5. Parking from 276 to 116 spaces and enclosed parking from 138 to 52 spaces There are 52 underground parking spaces, and 64 surface parking spaces. Senior facilities of this nature do not utilize the number of parking stalls required in traditional RM-2.5 district development. The surface parking will sufficiently accommodate visitor and staff parking while the surface and underground parking will accommodate residents. The project also proposes the installation of bicycle racks. 6. Front yard parking setback from 35 feet to 5 feet for the north parking lot along Pioneer Trail. Parking areas must meet the required front yard setback. The lot has frontage on both Pioneer Trail and Hennepin Town Road. Rather than locate the parking along Hennepin Towne Road, it is located behind the buildings with the buildings having a strong presence along Hennepin Town Road. The waiver for the parking setback along Pioneer Trail allows some surface parking for the northerly building in an area that is not visible from Hennepin Town Road or the existing residential properties. The right-of-way along Pioneer Trail is very wide; therefore, the parking lot is set back approximately 100 feet from the road right-of-way. 7. Front yard parking setback from 35 feet to 10.7 feet for the south parking lot along Highway 169. The parking lot is set back approximately 70 feet from the Highway 169 ramp. 8. Density from 17.4 units per acre to 29.1 units per acre. The site is located near arterial and collector roadways and provides a suitable transition and buffer from the single family development to the west. Staff Report—Prairie Bluffs Senior Living August 17, 2016 Page 5 9. Site area per dwelling unit from 2,500 square feet to 1,494 square feet. This waiver is related to the total number of units proposed compared to the site area. Other high density residential projects such as Summit Place, Martin Blu, Presbyterian Homes and Real Life Co-op have been approved with a similar waiver. 10. Tree replacement from 1,457 caliper inches to 43 caliper inches. The landscaping plan includes a total of 623 caliper inches of landscaping material. The City Code provides for landscaping requirements for multi-family projects and tree replacement requirements. The landscaping plan meets the landscaping requirements for the site but falls short of the tree replacement requirements. However, in this situation, compliance with the tree replacement requirements would pose a practical difficulty upon development due to the overgrown nature of the site. As a result, the applicant is asking for a waiver for the tree replacement. The proposed landscaping plan for the site is robust. In addition to the trees, the applicant is proposing shrubs and perennials along parking lots as screening, along the building foundation to enhance the appeal of the building, along the sidewalks,patios, and seating areas to enhance the resident's experience of these outdoor spaces. The applicant is providing trees that exceed the minimum size requirements. 11. Group Usable Open Space Per Dwelling Unit from 600 square feet per unit to a total provided is 28,879 square feet or 209 square feet per unit. City Code requires 600 square feet per unit. The proposed plan provides for open space both internally in the form of community rooms, dayrooms, a theater,billiards, a library, and a fitness center. Outdoor gathering areas are provided in the form of patios, decks, bird watching area, walking trail, benches, and pergolas. These forms of usable open spaces are appropriate for a senior housing project. SIGNS All sign permits will require review and approval through the sign permit process. The proposed monument sign appears to exceed the allowable sign area. This must be modified before applying for a sign permit. SITE LIGHTING The proposed site lighting plan meets City requirements and will be confirmed at the time of building permit issuance. TREE REPLACEMENT AND LANDSCAPING PLAN The site includes a number of significant trees that are subject to the tree replacement requirements of the City Code. The applicant is seeking a waiver to the tree replacement requirements. Due to the amount of existing vegetation on site, compliance with the tree replacement requirements poses a practical difficulty upon development. The landscaping plan meets the landscaping requirements for the site but falls short of the tree replacement Staff Report—Prairie Bluffs Senior Living August 17, 2016 Page 6 requirements. The proposed landscaping plan for the site is robust. In addition to the trees, the applicant is proposing shrubs and perennials along parking lots as screening, along the building foundation to enhance the appeal of the building, along the sidewalks,patios, and seating areas to enhance the resident's experience of these outdoor spaces. The applicant is providing trees that exceed the minimum size requirements. HENNEPIN TOWN ROAD RIGHT OF WAY AND TURN LANE The proponent is dedicating right of way adjacent to Hennepin Town Road at the north end of the project at Pioneer Trail. This right of way will be able to accommodate a future right turn lane from Hennepin Town Road to Pioneer Trail. The proponent will be responsible to rough grade the right of way and construct the sidewalk adjacent to Hennepin Town Road such that it will accommodate a right turn lane. The turn lane and improvements to the signal will be constructed as a City project at such time that funding is identified. SIDEWALKS AND TRAILS A 5 foot sidewalk is proposed along the west side of the lot in the right-of-way from the property connecting to Pioneer Trail. There will also be sidewalks on the property to provide pedestrian connections between patios, seating areas,buildings, and parking lots. ARCHITECTURAL STANDARDS The proposed plan meets and exceeds the requirements per fagade for 75/25% materials. Materials provided that are within the 75% required category include glass, cultured stone, splitface concrete masonry units, and face brick. The architecture of the building has been revised to include additional varied roof lines, building wall articulation, balconies and an updated palette of materials. All of these additional architectural details add to the character, quality and appeal of the building and offsets the number of waivers they are requesting. UTILITIES Existing public sanitary sewer and water lines are located within the property and will provide access for the proposed project. As a result of the additional fill being placed over the public sanitary sewer line a portion of this existing line may need to be reconstructed. A plan and profile of the sanitary sewer line will be required; construction must meet City standards. Bypass pumping of the sanitary sewer may be necessary and will be the responsibility of the Developer. REGUIDING AND COMPREHENSIVE PLAN When considering a request for a reguiding of the Comprehensive Plan, the Planning Commission's role is to determine whether the request is consistent with the Comprehensive Plan policies. There are a number of policies in the Comprehensive Plan that support the reguiding of the subject property from Low Density Residential and Office to High Density Residential. The most important policies relevant to this project include the following: Staff Report—Prairie Bluffs Senior Living August 17, 2016 Page 7 • create housing for seniors in very close proximity to shopping and services to eliminate the need for car travel whenever possible; • encourage higher density development(single- or multiple family, owner-occupied or rental) on Eden Prairie's remaining undeveloped land, where appropriate; • provide programs and services that meet the needs of all residents, including seniors and other special populations; • promote and encourage lifecycle housing for all ages; AFFORDABLE HOUSING AND COMPREHENSIVE PLAN The proponent has indicated that they are willing to include an affordability component in this project. The issue of incorporating affordable units into this project will be discussed in more detail at the City Council level. As discussed below, the City Council has adopted goals relating to providing affordable housing units that this development will assist in meeting by providing affordable units. Subject to City Council review and approval the proponent's willingness to provide an affordability component will be incorporated as a requirement in the development agreement to be presented to the City Council. In addition the City has available to it funding mechanisms to meet requirements for this project. There are a number of goals and policies in the City's Comprehensive Plan encouraging elderly housing and affordable housing opportunities within the community. The plan acknowledges that there is a growing demand for affordable housing in the community and seniors are a growing segment of the population which has specific needs including affordable housing. Some of the Comprehensive Plan goals and policies include the following: • encourage the development of housing opportunities for seniors appropriate for the physical/mental changes they experience; multiple unit housing with common indoor/outdoor community areas that encourage inclusion and options that provide services such as nurses visits, dining options and transportation; • encourage independent and assisted living housing for seniors; • encourage elderly and affordable housing throughout the City; • promote and support the development of new affordable housing units to meet the community's share of the regional affordability housing needs as well as the City's goals; • support efforts to develop quality, affordable housing developments that are long lasting, indistinguishable from market rate housing and well-maintained and managed; and, • Ensure that a portion of the City's remaining land and major redevelopment areas, including the Major Center Area and Golden Triangle TOD, are developed as affordable housing. The City has adopted an affordable housing goals range for 2011 to 2020 of 1,198 to 1,843 units. The Plan outlines a number of resources and implementation strategies that can be used to reach the affordable housing goals. The Comprehensive Plan promotes the use of the PUD process and incentives such as density bonuses to encourage higher density developments with a greater percentage of affordable units. The proponent is asking for a waiver to increase the density from 17.4 units per acre to 29.1 units Staff Report—Prairie Bluffs Senior Living August 17, 2016 Page 8 per acre and has agreed to include affordability in the project. Incorporating affordable units within newly developed residential areas and redevelopment to mixed-use and higher density residential projects will assist in achieving the City's goals. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.74 acres. 2. Planned Unit Development Concept Review on 4.74 acres 3. Planned Unit Development District Review with waivers on 4.74 acres 4. Zoning District Change from Rural and Office to RM-2.5 on 4.74 acres 5. Site Plan Review on 4.74 acres 6. Preliminary Plat of six lots into one lot and one outlot on 4.74 acres This is based on plans stamp dated August 17, 2016, staff report dated August 17, 2016 and the following conditions: 1. Prior to scheduling for City Council public hearing, the proponent shall: A. Revise the plans to accommodate a future 14' wide turn lane on Hennepin Town Road at Pioneer Trail. B. Address the comments from the Minnesota Department of Transportation and Hennepin County. C. Revise the plans by eliminating the proposed drainage and utility easement along the north and east side of the MnDOT remnant piece of right-of-way to eliminate the encroachment of the building on the easement. Those easements are not needed. D. Revise the Site Plan as follows: i. Provide details of the retaining walls, decorative pavers, and decorative fences. ii. Provide a sidewalk connection around the north side of the north building and connect with the sidewalk along Hennepin Towne Road. 2. Prior to Final Plat approval, the proponent shall A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. Staff Report—Prairie Bluffs Senior Living August 17, 2016 Page 9 B. Prior to grading permit issuance, the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 3. Prior to signature of the Development Agreement, the proponent shall provide an executed copy of an easement providing a right of access between the subject property, the property to the north and access to the City's infrastructure at the northeast corner of the property. 4. Prior to signature of the Development Agreement, the proponent shall enter into an Encroachment Agreement with the City to allow site improvements on City property, which was former excess MnDOT right-of-way along Hennepin Towne Road. 5. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. B. Pay the park dedication fees. 6. The following waivers have been granted through the PUD District Review for the property: A. Parking from 276 to 116 spaces. B. Front yard structure setback from 35 feet to 13 feet for the north building and 35 feet to 27 feet for the south building along Hennepin Towne Road. C. Front yard structure setback from 35 feet to 11.1 for the south building along Highway 169. D. Front yard parking setback from 35 feet to 5 feet for the north building along Pioneer Trail and from 35 feet to 10.7 feet for the south building along Highway 169. E. Density from 17.4 units per acre to 29.1 units per acre. F. Site area per dwelling unit from 2,500 square feet to 1,495 square feet. G. Tree replacement from 1,457 caliper inches to 43 caliper inches. H. Group Usable Open Space Per Dwelling Unit from 600 square feet per unit to a total provided is 28,879 square feet or 209 square feet per unit. 7. All signage shall require review and approval of a sign permit. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE BLUFFS FOR ALBERT MILLER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Prairie Bluffs for Albert Miller stamp dated September 27, 2016, and consisting of 4.58 acres into 1 lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 4th day of October, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Area Location Map-- Prairie Bluffs Senior Living Address: 10217, 10220, 10240, & 10280 Hennepin Town Road and two additional parcels (PID's 36-116-22-11 -0026 & 36-116-22-11 -0003) ® ® ® � GE3 LL Hennepin Town (Road nT ® 1 � u �BRLU �E�' 1 ❑ J HWY 169 TR< LU �mm Q Pioneer Trail m m SITE 1s9 City of Bloomington TU qy 1s9 c U N 3 0 ON Dt Dvif g Rrdo Mdr Avssgou- Rsdisig : rviit TgoipsLiwol 10218, 10220, 10240 &10280 Hgoogr io a pwo S pdf dof Lwp df f idpodnr dsegrt (RIB't 37-117-22-11 -0027 & 37-117-22-11 -0003) Ef go Rsdisig, MP 66348 Pioneer Trail it den it of BI mington, Lee Drive J SITE \ Highway#169 Normandy Crest l I Hennepin Town Road d E o R c t g Dvif rdo Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams ®Low Density/Public/Open Space - Regional Commercial —Principal Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center A Minor Arterial —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 OMedium Density Residential/Office Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 —Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 High Density Residential 10 40 Units/Acre Public/Quasi-Public —Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office -Church/Cemetary F ®Office/Industrial Open Water ®Office/Public/Open Space Right-Of-Way 300 150 e30.0aF@et - Industrial QCityLimits Dvif g Rrdo Mdr Rspr pt gf - Rsdisig : rvi it Tgoips Liwol 10218, 10220, 10240 &10280 Hgoogr io a pwo S pdf dof Lwp df f iupodnr dsegrt (RIB't 37-117-22-11 -0027 & 37-117-22-11 -0003) Ef go Rsdisig, MP 66348 /r City f Bloomington, m MN El Lee Drive SI E Normandy Crest Highway#169 I Hennepin Town Road Ai f f ct g Dvif g rd 20 - Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams ®Low Density/Public/Open Space - Regional Commercial —Principal Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center A Minor Arterial —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 OMedium Density Residential/Office Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 —Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 High Density Residential 10 40 Units/Acre Public/Quasi-Public —Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office -Church/Cemetary F ®Office/Industrial Open Water ®Office/Public/Open Space Right-Of-Way 34� 17� e34.�aF@et - Industrial �AirportBN Zoning Map - Prairie Bluffs Senior Living 102171 10220, 10240, & 10280 Hennepin Town Road and two additional parcels (PID's 36-116-22-11 -0026 & 36-116-22-11 -0003) Eden Prairie, MN 55347 Li �O O \ Pioneer Trail O � m ❑m � � r 6ir 10 Lee Drive City of Bloomingto Highway 4169 17 Normandy Crest Hennepin Town Road C E n ' I p z --� MAL i I Rural Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C FNEI Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R FIRD Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU FQ--D1 General Development Waters(Creeks Only) R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 0 Office 0 Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition Neighborhood Commercial Golf Course Date:March 1,2009 CommunityCommercial Water rasa oralso,aga�ov,da�aam--gdassit—.,o�mis-,map,ma omma�oa �. a,m anaanaa legal aasadgno�o�nia ar eaa�P,ama ciN cama,wm g,a�au. -Highway Commercial Right of Way -Regional Service Commercial OCityLimits 0 0.075 0.15 Milest �..... ..a...._,.A. ..,_,., w.a..,.,m.,m ._,,ma. Berial Nap - Rrairie Bluffs Tenior Wing 102171 10220, 10240, & 102801 ennepin Zown Soad, and two additional parcels (RLE's 36-116-22-11 -0026 & 36-116-22-11 -0003) Men Rrairie, N innesota 55347 Pioneer Trail -.� .1 ■ Lee Drive = a� f r Highway#169 w r � I Normandy Crest w` Hennepin Town Road .a 1 d Y' r 0 360 '` 720 Feet 4 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 22, 2016 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, Mark Freiberg, Tom Poul CITY STAFF: 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 Vice Chair Pieper called the meeting to order at 7:00 p.m. Stoltz, Weber and Wuttke were absent. II. APPROVAL OF AGENDA MOTION: Poul moved, seconded by Higgins, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 8, 2016 Klima said that Wuttke had notified her that he had to revisions to the minutes. The first revision is on page 2, the second to the last paragraph and the second to the last sentence. He would like it to read, "Wuttke said he is concerned about approving these variances as the code amendment has not yet been approved by the Council." The second revision in on page 5 under Members' Report. He would like the first sentence to read, "Wuttke said he noticed the parks are heavy trafficked now by users of augmented reality video games and would like to encourage users and parents of kids to be safe and to know and be respectful of public property and private property rights." MOTION: Kirk moved, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 6-0. IV. INFORMATIONAL MEETINGS PLANNING COMMISSION MINUTES August 22, 2016 Page 2 V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. PRAIRIE BLUFFS SENIOR LIVING Location: 10217, 10220, 10240, 10280 Hennepin Town Road and two additional parcels (PID's: 36-116-22-11-0026 and 36-116-22-11-0003) Request for: • Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.74 acres • Planned Unit Development Concept Review on 4.74 acres • Planned Unit Development District Review with waivers on 4.74 acres • Zoning District Change from Rural and Office to RM-2.5 on 4.74 acres • Site Plan Review on 4.74 acres • Preliminary Plat of six lots into one lot and one outlot on 4.74 acres Link Wilson, of Kaas Wilson Architects,presented the proposal. Mr. Wilson stated on April 25, 2016 they postponed the public hearing before the City Council because there were discussions on possibly adding the Robertson property, which would change the project. The revised proposal was submitted on July 13, 2016 to include the Robertson property. Because of this, the building and site layout have changed significantly. The changes are as follows: 1. The acreage of the site has increased from 3.37 acres to 4.74 acres; 2. There are now two buildings connected by a skyway; 3. The buildings are 3 story except for a portion of the north building, which is proposed to be 4 stories; 4. The number of units has increased from 116 to 138; 5. The density has decreased from 34.7 units per acre to 29.1 units per acre; 6. Trails and walking paths have been added on the property for the residents; 7. Community rooms, day rooms and other amenities have been added; 8. There is surface parking behind each of the buildings and overall there are 29 more parking stalls; and 9. There have been fagade improvements including the addition of balconies and other architectural features. Mr. Wilson said they will also be providing access to the City's infrastructure in the northeast corner of the site via a paved drive between the parking lots. Vice Chair Pieper asked Klima to review the staff report. Klima said the request is for a comp plan amendment and rezoning requests, plus waivers. Because the site is a senior resident building a reduction in parking is requested. There have also been modifications in building materials and gathering areas for the residents. The project proponent is including affordability in this proposal and City Council will take this into consideration during its review. There are two communications from PLANNING COMMISSION MINUTES August 22, 2016 Page 3 nearby residents that wanted their views to be known for the record and they are included in the packet. Also, the triangular piece of MnDOT right of way south of the driveway entrance into the project area has been conveyed to the City and the excess right-of-way has been incorporated into the project. Staff is recommending approval based on recommendations in the staff report. Vice Chair Pieper opened the meeting up for public input. Tom Wohler, of 10335 Normandy Crest, who is representing the town home association, said they are concerned about the parking available on site and they do not feel it will meet the needs for this project. Their concern was that since there is not street parking available, they would be parking in the residential areas when there is not available parking on site. They also feel there would be added traffic to the area and they are concerned about the tree loss. Resident, (did not identify himself, only to say he lived across the property), asked what the distance was that the building was moved and if the height of the 4-story building was only 50 feet high. Annette O'Connor, of 10444 Swans Way, said she brought along emails from residents in the area that are opposed to this project. She stated that she and others think the height waiver is too high, and are opposed to the density change. They also see the parking as an issue, as well as the added traffic to the area. She also stated putting a high building in the area would look out of place. They have concerns with the tree replacement as well as the right turn lane into the development. She stated they live in a residential area and now are going to have a commercial building in the area, which will be out of context in the area. She said they are not opposed to senior living in the property but it is the magnitude of the property. Eric Barton, of 9902 Lee Drive, said the back of his house faces this development and would like to address a few things tonight. The architect said this development is being placed in an area where there are 3-story houses, and that is simply not the case. Most homes in the area are 2-story houses, unless the architect is counting basement windows. But the concern is the setback. This is the gateway to the neighborhood, down Hennepin Town Road. The first thing you will see coming into this development is a 4-story building. They are asking for a setback waiver for this building and a height waiver. The tall building by the road is a problem because it affects the feel of the neighborhood. In looking at other senior housing developments in Eden Prairie, they are not in residential areas, but rather commercial areas and are set back further from the roads. He stated they want a feel where this is a walkable neighborhood and this project would not promote that. He would ask when considering the waiver requests, how this development would fit in with the whole neighborhood and would urge Commission to reject this plan. PLANNING COMMISSION MINUTES August 22, 2016 Page 4 Tim Beutell, 9890 Lee Drive, said he has lived in this area for about 27 years and have seen things change and develop. He feels this project is being squeezed into this area and would like the Commission to consider rejecting it. Steve Mohn, of 9812 Lee Drive, said he also feels this project is too much for this area. This is residential area and should have the lower density. He said he understands this is a difficult property to build on but we feel it is too big for the area. Vice Chair Pieper asked Mr. Wilson to address the comments and questions. Mr. Wilson said this is not cheap land that is for sale today. And because of that, they want to control what goes in there. Also, in the 1940's and 1950's,he said there was a surge of baby boomers and now we are seeing those same people needing housing. They do live in this community and deserve an opportunity to stay here. There was a statement that there was not enough parking and staff would park outside. That is not correct as staff will park inside, underground. He said there is more underground parking than what is needed and the memory care residents at this facility will not utilize the parking. Because of that, there should be plenty of parking for family and visitors. During the holidays they will expect to utilize parking at the retail areas across the street and they will also look into a valet service. There are a lot of trees onsite and they have a very robust landscape plan in place. He said they are also willing to add more trees to the area. In regards to the setbacks, there was a question as to how far is the building moved back and that would be 10 feet as they want to be close to 169. And the question was how tall the building is. . The three story portion is 38 feet. The building is over 30 feet away from the curb and that is the closest location to the curb. He also pointed out on the PowerPoint that the portion of the building closet to the road is 3 stories high. Mr. Wilson said this development will have significantly less traffic than Summit Place in Eden Prairie, because they do not have physical therapy there and there were also Minnesota Vikings that would use the facility for their whirlpool for therapy and they have the same amount of surface parking as the new development. If this site was developed into office or single family homes it would generate more traffic. Ben Delwiche stated the traffic study was done based on what the property was zoned currently. It stated the study would produce less traffic with this project in the area. Mr. Wilson stated they are 30 feet from the curb and he understands the resident's concerns when they state it will be a dense project but he assures them it will not be the case. Farr asked Mr. Wilson what was the outcome of the neighborhood meeting. Mr. Wilson said the three story building has a shift back and that was adjusted after the meeting, as it was straight prior to the meeting. Vice Chair Pieper asked the city to address the right turn lane. Rue said this right turn lane is not getting added now,but will be done by the City in the future. Vice Chair Pieper asked if there were any issues in regards to traffic with this project. PLANNING COMMISSION MINUTES August 22, 2016 Page 5 Rue said in regards to their traffic study it shows there is no significant shift for traffic. With this project there would be more traffic throughout the day,rather than at peak times. The right turn lane would help,but the City will need to identify a funding source. Mr. Wilson stated that was in their budget to build that right turn lane and they would be willing to work with the City to get this installed and they can offer that on the table tonight. Mr. Barton stated the project proponent did not show a 4-story building at the meeting so he is unsure where this came from. He expressed concern with the changes and also need for additional amenities. He stated he doesn't feel this isn't an appropriate use of land but just feels it is too much for this piece of property. Farr asked about the traffic study and asked if there was any thought about pedestrian movement if the residents would be crossing the street going to Walgreens. Rue said that signal to go across the street could be adjusted to allow seniors time to cross the street. Farr asked about the triangular parcel on this project. Klima said the triangular MnDOT site, MnDOT has conveyed that to the City, so an encroachment agreement will need to be prepared and signed by the proponent as part of a Development Agreement. Farr asked about the existing tree height and when they are taken down there will be a loss and could the project proponent address the comparison to this tree loss. Bourne said there have not been any specific heights that have been measured,but there are some larger ones that will come down. Freiberg asked the project proponent if they can increase the caliper of trees being replaced. Mr. Wilson said they could absolutely replace with larger trees. Freiberg said in regards to the 4-story building, he understands what the residents are saying in regards to height and asked if it be lowered to a 3-story building. Mr. Wilson said we are trying to accommodate affordability. He also stated in regards to the residents walking to Walgreen's, there is a van that takes people to and from the building. Higgins commented that affordability was an issue when this was brought up in the previous meeting and she would hate to see this go. There is a new community that is going to come together with this development and she is encouraged by what was said previously in the presentation. Kirk said he appreciates the neighbors' responses and knows that it is a tough situation when there is a development coming into an area where there has not been any development. Unfortunately, someone owns this property and they have the right to have it developed,but said the Commission understands the impact on the PLANNING COMMISSION MINUTES August 22, 2016 Page 6 neighbors. He stated he knows there is a strong need for senior housing and would like to see Eden Prairie offer this to those residents. There is no easy decision on a development like this but it is important to think what could go into this area if the senior housing was not developed. Karen Flood, of 9870 Lee Drive, said she has a question about traffic coming off Normandy Crest. Are new stop lights going in at that intersection? Rue said a signal would not be justified in that area and in regards to a four way stop, that may not be feasible either. Farr said in regards to the scale of the building,he did not see the length of the building,but in regards to the height and mass,he stated it is a very substantial building and is looking for a buffer from the building to the neighbors. A gesture to the loss of trees on this property may be an upgrade to the landscaping in this area so it looks like a balanced effect when approaching the development. Also, if the buildings were disconnected and not one building, no one would know that, so the ins and outs are very important. To have that look something different to break up the north and south masses may help. The step down effect was successful in regards to the roof line and would be nice if this could be done on the longer building. Vice Chair Pieper asked City staff to address funding for right turn lane. Rue said this could be a possibility to work with and partner with the project proponent. Vice Chair Pieper asked in regards to tree loss, would the City be willing to work with the developer. Bourne said they would work with the developer. Farr said this is a good use for the land and he is fine with traffic in the area. He is also concerned with the neighbors in the area and would like the developer to upgrade the landscaping in the area. He would like them to add strategic features and also caliper inches in regards to the trees. Freiberg said he is having a hard time supporting the 4-story building and cannot see this as not being a problem. He also stated we must realize this property will get developed and as a Commission must decide what is best for the area. Higgins asked if the additional landscaping Farr was referencing would require the project proponent to come back before the Commission. Klima said it could be brought back before the Commission or could be made as a recommendation to move onto City Council. Higgins said she would rather it be a recommendation. She also sees that the 4-story is a problem with the neighbors but she also would like to see this project more forward in its current form of 4-story. Poul said he is supportive of this project moving forward. PLANNING COMMISSION MINUTES August 22, 2016 Page 7 Kirk said this is a good alternative for the area and he does support it moving forward. Vice Chair Pieper is also in favor. MOTION: Kirk moved, seconded by Farr, to close the public hearing. Motion carried 6-0. MOTION: Kirk moved, seconded by Farr, to recommend approval of the Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.74 acres; Planned Unit Development Concept Review on 4.74 acres; Planned Unit Development District Review with waivers on 4/74 acres; Zoning District Change from Rural and Office to RM-2.5 on 4.74 acres; Site Plan Review on 4/74 acres and Preliminary Plat of six lots into one lot and one outlot on 4.74 acres based on the plans stamped dated August 17, 2016 and the information included in the staff report dated August 17, 2016 with the additional recommendation that the City continue discussion with the project proponent with the goal of enhancing the landscaping including facilitating landscaping blending with neighborhood and ways to facilitate the right turn lane in the shortest amount of time. Motion carried 5-1 (Freiberg). VII. PLANNERS' REPORT A. CODE AMENDMENT —FLOOD PLAIN Rue stated the City received a letter in early May from FEMA that new Flood Plain maps were approved and would become effective November 4, 2016 and we need to update our code amendment with these new changes. In order for citizens in Eden Prairie to buy discounted insurance through FEMA, Rue stated we do have to adopt the new ordinance tonight. The maps are now digitized. Most areas did not change in Eden Prairie. What we are asking for tonight is for the Commission to recommend to City Council to amend this code change. Higgins asked about the Minnesota River flood plain and if those requirements that are in code now will stay the same. Rue said this new flood plain change will take affect over the old one. Rue said there were about 150 properties that were impacted by this change and notices will be sent out to these homeowners of the changes. This process is to get this new code amendment in place before November 4t'. MOTION: Kirk moved, seconded by Freiberg, to recommend to the City Council approval of an amendment to the City Code to meet the standards required for participation in the National Flood Protection Program as outlined in the Code of Federal Regulations, based on the information included in the staff report dated August 17, 2016. Motion carried 6-0. PLANNING COMMISSION MINUTES August 22, 2016 Page 8 VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS Poul asked Klima if there is to be discussion on a senior housing ordinance. Klima said she expects this will be addressed through the housing study currently underway and with the Comp Plan update. XI. ADJOURNMENT MOTION: Kirk moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 6-0. Vice Chair Pieper adjourned the meeting at 9:07p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings October 4, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/ Chapter 11 code amendments relating to loading Planning Janet Jeremiah/ facilities, mechanical equipment screening, site Beth Novak-Krebs lighting, architectural requirements for trash and recycling enclosures Requested Action Move to: • Close the Public Hearing; and • Approve first reading of the Ordinance amending City Code Chapter 11 relating to loading facilities, mechanical equipment screening, site lighting, and architectural requirements for trash and recycling enclosures and other standards. Synopsis In 2015, at the direction of City Council, staff proposed a number of minor text amendments to Chapter 11 to address consistency in code language relating to loading facilities, mechanical equipment screening, site lighting, and architectural requirements for trash and recycling enclosures. The proposed amendments were presented to the Planning Commission on December 7, 2015 and the Commission recommended that the City Council approve the amendments. However, the amendments have not yet been considered for approval by the Council. Staff wanted to hold off on presenting the amendments to the Council until final action was taken on the Transit Oriented Development(TOD) ordinance because minor amendments would be likely be needed to provide consistency between the overall ordinance and the TOD section. The TOD ordinance was recently approved and the changes to Chapter 11 resulting from its adoption have been identified. Code Changes The amendments summarized as follows are the changes that were approved by the Planning Commission in December 2015: • A change from the term "loading areas" to "loading facilities" to provide the consistent use of a single term. • Parapet walls—a new definition and screening requirements for new buildings. • Architectural material standards—Reference to the proposed Transit Oriented Development(TOD) and existing Golf Course zoning district. • Trash and recycling enclosure standards—Reference to include the TOD and Public, Golf Course and Airport zoning districts. • Site Lighting—new performance standards to provide additional clarity for lighting illumination and pole height. These standards have been utilized as a matter of policy for a significant amount of time. Adding the standards as a code requirement will ensure consistent use of the standards. The amendments presented as follows are those identified subsequent to the adoption of the TOD ordinance. • Added TOD to the zoning district table. • Under parking requirements, reference the TOD and Town Center(TC) sections for specific parking requirements as they pertain to those districts. • Signs —Reference the TOD and TC in the district regulations for signs. The code amendment, if approved, would create consistency between various code sections and current practices, the TOD ordinance and the TC ordinance. Planning Commission Review and Recommendation At its December 7, 2015 meeting, the Planning Commission voted 6-0 to recommend approval of the text amendment subject to the information in the staff report dated December 4, 2015. Attachments 1. Ordinance 2. Chapter 11 proposed changes 3. Staff Report dated 12/4/15 4. Planning Commission Minutes 12/7/15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTIONS 11.02, 11.03, AND 11.70 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.02, item 30 is amended by deleting from the heading the word "Space" and inserting in its place the word "Facilities." Section 2. City Code Section 11.02 is amended by inserting a new item 44 as set forth below and renumbering current items 44-80 to 45-81: 44. "Parapet Wall" - An architecturally, structurally and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. Section 3. City Code Section 11.03, Subd. 1 A is amended by inserting in the table after the Commercial District the following: Transit Oriented Development District TOD TOD—Mixed Use TOD-MU TOD—Residential TOD-R TOD - Employment TOD-E Section 4. City Code Section 11.03, Subd. 3, G. 4. (k) (2) is amended by inserting at the end of the paragraph the following: "Rooftop mechanical equipment on new buildings shall be screened with a parapet wall consistent with the architectural exterior materials for the building." Section 5. City Code Section 11.03, Subd. 3, H. 4. is amended by inserting at the end of said part the following as a new paragraph: "Specific parking requirements for the Transit Oriented Development District are located in Section 11.26 of Chapter 11 and for the Town Center District in Section 11.27 of Chapter 11." Section 6. City Code Section 11.03, Subd. 3, H. 5. (c) is amended by deleting in the first line the word "areas" and inserting in its place the word "facilities". Section 7. City Code Section 11.03, Subd. 3, H. 7. (d) is amended by deleting in the first line the word "areas" and inserting in its place the word "facilities". Section 8. City Code Section 11.03, Subd. 3, I. 2. (c) is amended by inserting at the end of the sentence after the word "requirements" the following: "except in the TOD- MU, TOD-E, TOD-R, TC-MU, TC-R and TC-C." Section 9. City Code Section 11.03, Subd. 3, I. 3. (b) is amended by inserting at the beginning of said part the following: "All berths within the TOD and TC zoning districts shall be completely enclosed and screened with a solid wall." Section 10. City Code Section 11.03, Subd. 3, I. 3. (d) is amended by deleting in the first line the word "areas" and inserting in its place the word "facilities". Section 11. City Code Section 11.03, Subd. 3, K. is amended by deleting after the reference to "R1-9.5" the word "and" and inserting a comma, and by inserting after the reference to "RM-6.5" the following: "and GC". Section 12. City Code Section 11.03, Subd. 3, K. 2. is amended by inserting after the reference to "Pub" in the first line a comma and inserting after the reference to "TC-MU" the following: "TOD-E, TOD-R, TOD-MU." Section 13. City Code Section 11.03, Subd. 3, M. is amended by deleting after the reference to "C-Hwy" the word "and", and by inserting after the reference to "TC" the following: ", TOD-E, TOD-R, TOD-MU, PUB, GC, A-C and A-OFC." Section 14. City Code Section 11.03, Subd. 3, M. 1. is amended by inserting after the words "constructed with" the following: "materials consistent with Architectural Standards 11.03, Subd. 2, K. 2"; deleting the words "face brick or natural stone;" and inserting after the words "building with" the words "a roof and". Section 15. City Code Section 11.03, Subd. 4, E. is amended by inserting at the end of said part the following as a new paragraph: "Lighting illumination shall not exceed 0.5 foot candles measured at the property line. Pole lighting height shall not exceed 25 feet measured at natural grade. Pole lighting in the interior portion of a parking lot shall be located within a parking island. Site lighting for athletic fields, public facilities, and parks is exempt." Section 16. City Code Section 11.70, Subd 4, A. Residential Districts is amended by inserting after the reference to "RM" the following: ", TOD-R, TOD-MU, TC-R and TC- MU (if the project includes residential uses)." Section 17. City Code Section 11.70, Subd 4, B. Commercial Districts is amended by inserting after the reference to "C-Reg", the following: ", TC-C, TOD-MU and TC-MU (if the project contains commercial uses)." Section 18. City Code Section 11.70, Subd 4, C. Office District is amended by inserting after the heading the following: "TOD-MU and TC-MU (if the project includes office uses), TOD-E and TOD-C (if the project includes office uses)." Section 19. City Code Section 11.70, Subd 4, D. Industrial District is amended by inserting after the reference to "I-Gen", the following: "and TOD-E (if the project includes industrial uses." Section 20. City Code Section 11.70, Subd 7, B. is amended by deleting after the reference to "Public (PU)," the word "and", and by inserting after the reference to "Industrial (I, I-2, I-5 & I-Gen)" the following: ", TOD-MU (if the project includes commercial uses) and TOD-E (if the project includes industrial uses)". Section 21. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 22. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 2016 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_ day of 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on CHAPTER II LAND USE REGULATIONS(ZONING) SECTION 11.01. OBJECTIVES. This Chapter is adopted to protect and to promote the public health,safety,peace,comfort,convenience,prosperity,and general welfare,and specifically to achieve the following objectives: (1)to assist in the implementation of the City Comprehensive Guide Plan as amended;(2)to foster a harmonious,convenient workable relationship among land uses; (3)to promote the stability of existing land uses that conform with the Guide Plan and to protect them from inharmonious influences and harmful intrusions;(4)to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole;(5)to prevent excessive population densities and over-crowding of the land with structures;(6)to promote a safe,effective traffic circulation system;(7)to foster the provision of adequate off-street parking and off-street truck loading facilities;(8)to facilitate the appropriate location of community facilities and institutions;(9)to provide human and physical resources of sufficient quantity and quality to sustain needed public services and facilities;(10)to protect and enhance real property values;and,(11)to safeguard and enhance the appearance of the City,including natural amenities of hills,woods,lakes,and ponds. SECTION 11.02. DEFINITIONS. For the purpose of this Chapter,the following terms shall have the meanings stated: Source:City Code Effective Date:9-17-82 1. "Accessory Structure"-A detached structure,building or facility,which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. Such accessory structures shall include but not be limited to pools,tennis courts,water oriented accessory structures, sculptures and statuary etc. Source:Ordinance No.20-2013 Effective Date: 12-12-2013 Source:Ordinance No.16-96 Effective Date:4-26-96 2. "Accessory Use" -A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or lot. 3. "Agriculture" -The cultivation of the soil and all activities incident thereto,except that said term shall not include the raising and feeding of hogs,sheep,goats,cattle,poultry,and fur bearing animals and shall not include riding academies,commercial stables or kennels. Source: City Code Effective Date: 9-17-82 4. "Antenna"-Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas,such as panels,microwave dishes,and satellite dishes,and omni-directional antennas,such as whip antennas. Source:Ordinance No.27-97 Effective Date:6-13-97 5. 'Base Area"-The'Base Area"of a building or buildings shall be the sum of the gross horizontal areas of the first floor of such building or buildings measured from the exterior faces of the exterior walls or from the centerline of party walls separating two buildings. In particular,'Base Area"shall include: 11-1 a. Elevator shafts and stairwells on the first floor. b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet,except equipment,open or closed locked on the roof,i.e.,bulkheads,water tanks and cooling towers. C. 40%of the porch when the porch is completely enclosed. 6. "Base Area Ratio"-The ratio of total base area to total lot area. Source: Ordinance No.9-87 Effective Date: 5-7-87 7. "Buffer"-The use of land,topography(difference in elevation),space,fences or landscape plantings to screen or partially screen a tract or property from another tract or property and thus reduce undesirable influences such as: sight,noise,dust,and other external effects which a land use may have upon other adjacent or nearby land uses. 8. "Building"-Any structure for the shelter,support or enclosure of persons,animals,chattels or property of any kind,and when separated by party walls without openings,each portion of such building so separated shall be deemed a separate building. Source: City Code Effective Date: 9-17-82 9. "Building Height"-Is the vertical distance above a reference datum measured to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following,whichever yields a greater height of building: a. The elevation of the highest adjoining ground surface within a 5 foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. b. An elevation 10 feet higher than the lowest grade when the ground surface described in"a"above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Source: Ordinance No.18-90 Effective Date: 9-21-90 10. "Building Length"-The length of a building as related to any property line is the length of that portion of the property line from which when viewed directly from above,lines drawn perpendicular to said line will intersect any wall of the building. Source: City Code Effective Date: 9-17-82 11. "Commercial Wireless Telecommunication Services" - Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio(ESMR),paging,and similar services that are marketed to the general public. Source:Ordinance No.27-97 Effective Date:6-13-97 12. "Conditional Use" - A use which is not permissible in a zoning district but which may under certain circumstances and with the application of certain conditions be suitable. 11-2 Source: Ordinance No.30-83 Effective Date: 7-22-83 13. "Corner Lot"-A lot situated at the junction of and fronting on two or more streets. 14. "Court" -An open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot. Source: City Code Effective Date: 9-17-82 15. "Cul-de-sac"-A street closed on one end,with one point of entry,and a circular turnaround having a minimum radius of 50 feet. Source: Ordinance No.15-85 Effective Date: 5-30-85 16. "Depth of Lot"-The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width. 17. "Depth of Rear Yard"-The mean horizontal distance between the rear line of the building and the rear lot line. 18. "District"-A portion or portions of the City for which land use regulations under this Chapter are the same. 19. "Dwelling" -Any building which is designed or used exclusively for residential purposes by one or more people,not including hotels,motels,rest homes,hospitals or nursing homes. 20. "Dwelling-Multiple Family"-A building designed for or occupied by two or more families. 21. "Dwelling-One or Single Family"-A building designed for or occupied exclusively by one family. 22. 'Dwelling-Unit or Group" -Residential accommodation including kitchen facilities,permanently installed, which are arranged,designed,used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers or boarders. 23. "Family"-One or more persons related by blood,marriage or adoption,including foster children,or a group of not more than five persons(excluding servants)some or all of whom are not related by blood,marriage,or adoption,living together and maintaining a common household but not including sororities,fraternities,or other similar organizations. 24. "Floor Area"-The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular"floor area"shall include: a. Elevator shafts and stairwells at each floor. b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet,except equipment,open or enclosed located on the roof,i.e.,bulkheads,water tanks and cooling towers. C. Interior balconies and mezzanines. d. 40%of porch when the porch is completely enclosed. 25. "Floor Area Ratio"-The ratio of total floor area to total lot area. 11-3 26. "Garage Sale"-A sale of household or personal articles(including but not limited to furniture,tools,clothing, household appliances,books,sports equipment)held at the primary residence of the seller of the articles offered for sale or in the case of a multi-family sale at the primary residence of one of the individuals owning the articles held for sale. Source: Ordinance No.9-2009 Effective Date: 10-15-2009 27. "Group Usable Open Space" - Land area and facilities specifically designated and developed for group recreational or social activities. 28. "Home Based Business"- Any occupation or service which is clearly secondary to the main use of the premises as a dwelling,and does not change the character thereof or have any exterior evidence of such secondary use. Source:Ordinance No.1-2009 Effective Date:02-26-2009 29. "Hotel'-(See Motel/Hotel) 30. "Loading Spae&Eacdities"-A space accessible from a street,alley or way,in a building or on a lot,for the use of vehicles while loading or unloading merchandise or materials. 31. "Lot"-One unit of a recorded plat,subdivision,or registered land survey,or a recorded parcel described by metes and bounds. 32. "Lot Area"-The lot area is the land area within the lot lines. 33. "Lot,Depth"-The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lessor frontage is its width. 34. "Lot-Interior"-A lot other than a corner lot. 35. "Lot Line"-The line bounding a lot as defined herein. When a lot line abuts on a street,avenue,park or other public property,such line shall be known as a street line. 36. "Lot Line,Corner"-A lot bounded by two or more intersecting streets. 37. "Lot Line,Front"-When a lot fronts on a public street,the street right of way shall be the front lot line. 38. "Lot Line,Rear"-That boundary of a lot which is most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than 10 feet in length or if the lot forms a point at the rear,the rear lot line shall be deemed to be a line 10 feet in length within the lot,parallel to and at the maximum distance from the front lot line. 39. "Lot Line,Side"-Any boundary of a lot which is not a front or rear lot line. 40. "Lot-Through"-An interior lot having frontage on two streets. 41. "Lot,Width"-The width of a lot is its own mean width measured at right angles to its mean depth. 42. "Motel/Hotel"-A building or group of buildings used primarily for the temporary residence and supportive service of motorists or travelers. 11-4 43. "Non-Conforming Use"-A non-conforming use is the lawful use or occupation of land or premises existing at the time of the adoption of a provision of the City Code which,upon the adoption of the provision,the use or occupation of the land or premises is not in conformity. Source:Ordinance No.17-2005 Effective Date:9-15-2005 44. "Nursing Homes"-A home for the care of children or the aged or infirm,or a place of rest for those suffering bodily disorders,which does not provide for hospital care. Source: City Code Effective Date: 9-17-82 XX. "Parapet Wall"-An architecturally,structurally and aestheticallv integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. 45. "Private School",A school which is not owned or operated by a public entity,and which offers general primary and/or secondary educational instruction equivalent to grades K through 12. Source: Ordinance No.12-87 Effective Date: 3-17-88 46. "Public Infrastructure"- Infrastructure related to municipal utilities owned by any governmental unit including lift stations,well houses,water towers,sewer and water lines,manholes,storm sewer,street lights,stops signs and stop lights,bridges,trails,sidewalks,and infrastructure related to electric,gas, telephone and cablevision utilities lines,poles and boxes,but not including buildings except as specified above. Source: 3-2010 Effective Date: 1-28-2010 Source: City Code Effective Date: 9-17-82 47. "Public Utility Structure"-A structure or pole supporting wires for communication or transmission of data or electricity. Source:Ordinance No.27-97 Effective Date:6-13-97 48. "Recreational Vehicle"-Any trailer,watercraft,snowmobile,pull camper,all terrain vehicle,motorhome,travel trailer or tent trailer, or other similar vehicle. A recreational vehicle upon a trailer shall constitute one recreational vehicle. Source: Ordinance No.22-88 Effective Date: 4-27-89 49. "Related Boarding Facilities"-The term"related boarding facilities"as used in Section 11.35,Subd.2,E in this Chapter means a structure which has as its sole function the boarding of students who are enrolled at a single private school, and which is located upon the same parcel of property as the private school for which is provided boarding. Source: Ordinance No.12-87 Effective Date: 3-17-85 50. "Restaurant Type I"—A restaurant,often referred to as a fast food or deli-style restaurant,where customers stand to order and wait for food preparation or where food is pre-prepared and packaged to go. 11-5 51. "Restaurant Type 2"—A sit-down restaurant,often referred to as a family-style restaurant,with no liquor sales and where customers typically stay for an hour or less. 52. "Restaurant Type 3"—A restaurant,often referred to as a bar or tavern,with a large bar or dancing area and amplified music used as entertainment;or a sit down restaurant,often referred to as a fine dining restaurant, where reservations are sometimes needed and the bar area is secondary to dining. Source: Ordinance No.22-2007 Effective Date: 9-13-2007 53. "Right-of-Way Line"-The dividing line between the lot and the street. 54. "Sculptures and Statuary"-Sculptures and statuary are three-dimensional works of art,as representations or abstract forms,created by sculpturing,modeling,carving,casting or welding. Source:Ordinance No.20-2013 Effective Date: 12-12-2013 55. "Setback"-The minimum horizontal distance between a building and the street or lot line. 56. "Stable-Private"-A stable is any building located on a lot on which a residence is located,designed,arranged, used or intended to be used,for not more than four horses for the private use of the residence,but shall not exceed 600 square feet in area. Source: City Code Effective Date: 9-17-82 57. "Stable-Commercial"-A place where five or more equines are kept for remuneration or hire. Source: Ordinance No.34-83 Effective Date: 8-26-83 58. "Story"-That portion of building included between the surface of any floor and the surface of the floor next above;or if there is not floor above,the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story. 59. "Story-Half"-A portion of a building under a gable,hip or gambrel roof,the wall plates of which on at least two opposite exterior walls,are not more than two feet above the floor of such story. 60. "Street"-A public thoroughfare for vehicular and pedestrian traffic. 61. "Street Line"-The dividing line between the lot and the street. 62. "Structure"-Anything constructed or erected,the use of which requires location on the ground or attachment to something having a location on the ground. 63. "Structure-Alterations"-Any change in the supporting members of a building such as bearing walls,columns, beams or girders. Source:City Code Effective Date:9-17-82 64. "Telecommunications mechanical equipment"—Mechanical equipment that is necessary for the operation of a tower for Commercial Wireless Telecommunications Services. Source: Ordinance No.3-2014 11-6 Effective Date: 2-27-2014 65. "Tower"-Any(a)ground or roof mounted pole,spire,structure,or combination thereof,taller than fifteen(15) feet, including supporting lines, cables, wires, braces and masts, on which is mounted an antenna, meteorological device,or similar apparatus above grade,or(b)ground or roof mounted antennas taller than fifteen(15)feet. Source:Ordinance No.27-97 Effective Date:6-13-97 66. "Use"-The purpose for which land or premises or a building thereof is designated,arranged or intended,or for which it is or may be occupied or maintained. 67. "Use Principal'-The main use of land or buildings as distinguished from a subordinate or accessory use. 68. "Variance" -A modification or variation of the provisions of this Chapter as applied to a specific piece of property,except that modification in the allowable uses within a district shall not be considered a variance. 69. "Yard"-That portion of a lot not occupied by a structure. 70. "Yard-Depth of Rear"-The mean horizontal distance between the rear line of the building and rear lot line. Source: City Code Effective Date: 9-17-82 71. "Yard-Front"-A yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. Source: Ordinance No.1-90 Effective Date: 2-1-90 72. "Yard-Rear" -An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot,for the full width of the lot. Source: Ordinance No.9-87 Effective Date: 5-7-87 73. "Yard-Required"-That portion of a side,front,or rear yard,nearest the designated lot line and having the width or depth required in the district in which located. 74. "Yard-Side"-An open unoccupied space on the same lot with a building between the building and the side line of the lot,and extending from the front lot line to the rear of the back yard. 75. "Places of Worship"—a tax exempt institution that people regularly attend to participate in or hold religious services meetings,and other activities related to religious ceremonies. 76. Architectural Precast-a panel with a concrete backing with a veneer of brick,natural stone,or cast stone. 77. Cast Stone-a precast concrete building stone similar in appearance and manufactured to simulate the texture,color,and appearance of natural cut stone. 78. Cultured stone-a precast concrete veneer made to resemble natural cut stone in color,texture,and appearance. 79. Precast Concrete Panel-a panel made from a mix of cement,water,aggregate,and admixtures that is place 11-7 in a form and cured. 80. "Aeronautical Uses and Aeronautical Development Project"-Any airfield project,hangar project,FBO development project,FBO facility development project,airport roads or fencing,or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe,or that are directly and substantially related to the movement of passengers,baggage,mail and cargo. Source: Ordinance No.3-2013 Effective Date: 1-17-2013 Source:Ordinance No.7-2011 Effective Date:5-26-2011 Source:Ordinance No.17-2005 Effective Date:9-15-2005 Items renumbered: Source:Ordinance No.27-97 Effective Date:6-13-97 Source:Ordinance No.20-2013 Effective Date: 12-12-2013 Definition section amended Source: Ordinance No.3-2014 and renumbered: Effective Date: 2-27-2014 Source: Ordinance No.22-2007 Effective Date: 9-13-2007 Source: Ordinance No.18-90 Effective Date: 9-21-90 Source: Ordinance No.1-90 Effective Date: 2-1-90 Source: Ordinance No.22-88 Effective Date: 4-27-89 Source: Ordinance No.12-87 Effective Date: 3-17-88 Source: Ordinance No.9-87 Effective Date: 5-7-87 Source: Ordinance No.15-85 Effective Date: 5-30-85 Source: Ordinance No.114-84 Effective Date: 11-1-84 Source: Ordinance No.37-83 Effective Date: 9-30-83 11-8 Source: Ordinance No.34-83 Effective Date: 8-26-83 11-9 SECTION 11.03. ESTABLISHMENT OF DISTRICT,SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS. Source: City Code Effective Date: 9-17-82 Subd.1. Establishment of Districts. A. The following Districts,with the abbreviations stated,are hereby established. (Some Districts are subdivided for the purpose of this Chapter,in which case,only the abbreviations of such subdivisions may be shown.) DISTRICT TITLE ABBREVIATION Rural District R One-Family Residential District R-1 R1-44 R1-22 R1-13.5 R 1-9.5 Multi-Family Residential District RM RM-6.5 RM-2.5 Office District OFC Commercial District C Neighborhood Commercial District N-Com Community Commercial District C-Com Regional Commercial District C-Reg Regional Service District C-Reg-Ser Highway Commercial District C-Hwy Transit Oriented Development District TOD TOD—Mixed Use TOD-MU TOD—Residential TOD-R TOD-Em to ment TOD-E Industrial District I Industrial Park District I-2 Industrial Park District I-5 General Industrial District I-Gen Public District PUB Golf Course GC Airport—Office A-OFC Airport—Commercial A—C Source: Ordinance No.3-2013 Effective Date: 1-17-2013 Prev. Ordinance No.2-2007 Effective Date: 1-23-07 Prev.Ordinance No.1-90,137-84 Effective Date: 2-1-90,1-17-85 B. The location and boundaries of the Districts established in this ordinance are set forth on the zoning map entitled"Zoning Map of the City of Eden Prairie"and the legal description of the land in each District and the zoning map are on file and open to public inspection in the office of the City Manager. In case of discrepancy between legal description and zoning map,the legal description will prevail. 11-10 C. For ease of reference ordinances changing District zoning between November 6,1969,and April 3,1984,are set forth in City Code Chapter 25. Source: Ordinance No.9-87 Effective Date: 5-7-87 Subd.2. District Standards. A. The following criteria shall apply to certain Districts: 1. In the RM 6.5 District,the maximum gross density is 6.7 units per acre. 2. In the RM 2.5 District,the maximum gross density is 17.4 units per acre. Source:Ordinance No.8-97 Effective Date:3-14-97 3. In the R1-13.5 District,the maximum gross density is 2.5 units per acre. 4. In the R1-9.5 District,the maximum gross density is 3.5 units per acre. 5. In the Rural District,the minimum frontage on a street right of way is 100 feet. Source: City Code Effective Date: 9-17-82 6. In R1-13.5,R1-22 and R1-44 Districts,the minimum frontage on a cul de sac street right of way is 85 feet,90 feet and 100 feet respectively,except for lots abutting entirely on the are of the circular turnaround portion of the cul-de-sac,in which case the minimum frontage on a street right of way is 55 feet. (Preliminary plats approved prior to the effective date of Ord. 15-85 are exempt from these conditions.) Source: Ordinance No.1-90 Effective Date: 2-1-90 Prev.Ordinance No.72-84 Effective Date: 4-5-84 7. In R1-9.5 Districts,the minimum frontage on a cul-de-sac street right of way is 70 feet,except for lots abutting entirely on the are of the circular turnaround portion of the cul-de-sac,in which case the minimum frontage on a street right of way is 55 feet. (Preliminary plats approved prior to the effective date of Ord.15-85 are exempt from these conditions.) Source: Ordinance No.15-85 Effective Date: 5-30-85 8. In the R1-9.5 District,the side yard setback on the garage side,where there is a double garage,is at least 5 feet,for a total of at least 15 feet on both sides,and where there is a single garage,the side yard setback on the garage side is at least 17 feet,for a total of at least 27 feet on both sides. 9. In the Rural,R1-44,R1-22,R1-13.5 and the R1-9.5 Districts,the total ratio of the total square footage of all garages(attached and detached),and all accessory buildings to the total lot area shall not exceed .075. 10. A minimum yard setback may be zero feet in RM Districts in any instance where a wall common to two or more dwelling units is situated on a lot line. All other setbacks provided in the Chapter shall 11-11 apply,except in those instances where only one side yard setback may be zero feet,the other side yard setback shall be that required for'one side". 11. The edge of a driveway in the One Family Residential District shall not be closer than 3 feet to a side lot line and shall not cross the extension of a property line to the curb line. 12. In the RM 6.5 District,in the case of two abutting lots on which are situated duplex living units,the minimum lot size is 13,000 square feet. In the case of a duplex lot,the minimum lot size on which is situated one dwelling unit shall be no less than 3,000 square feet. Source:Ordinance No.8-97 Effective Date:3-14-97 Source: City Code Effective Date: 9-17-82 13. In the Public District,a private school and related boarding facility shall be located on a parcel of land of not less than 25 acres and shall have a floor-to-area ratio of 0.1 to 1.0. Such a use shall not include any outside storage. Items renumbered: Source:Ordinance No.8-97 Effective Date:3-14-97 (Prev.Ordinance No.12-87 Effective Date: 3-17-88) 14. In the A-C, C-COM, GREG, C-REG-SERV, C-HWY,AND N-COM Districts,in the case of a gasoline/convenience store,the following criteria shall apply: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale,proportion,materials and detail,and color with the building. (b) Pump canopies shall be connected with the primary store structure.Pump canopies shall be located behind the store and oriented away from adjoining residential areas.Canopy ceiling should be textured or have a flat finish. (c) All site walls,screen walls and pump island canopies should be architecturally integrated with the building with similar materials,colors,and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles,with individual lamps not to exceed 250 watts.The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines.Recessed non glare lighting shall be used under the canopy.Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas,storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. Source: Ordinance No.3-2013&7-2013 Effective Date: 1-17-2013&4-25-13 11-12 B. The following criteria shall apply to all Districts: (See Tables on City Code pages numbered 11-1 la through 11-1 le) Source: Ordinance No.72-84 Effective Date: 4-5-84 11-13 Minimum Lot Minimum Yard-Setback Residential Minimum Minimum Width-Depth Minimum Gross Group Max Maximum Districts Zone Lot Size Lot Width Site Area Usable Floor Height of Area at Right of Per Open Area Main (Acreage/ Way Line Dwelling Space Per Ratio Structure Sq.Ft.) Width Ft. Depth Ft. Front One Both Sides Rear Unit Dwelling (FAR) (Ft.) Ft. Side Ft. Ft. Ft. Sq.Ft. Unit Or Acres 1 Sq.Ft. Rural 10 Acres 10 Acres 300 300 300 50 50 150 50 10 Acres N/A N/A 40 R1-44 44,000 44,000 100 150 100 30 15 30 30 44,000 Park Ded. N/A 40 R1-22 22,000 22,000 90 125 90 30 15 30 25 22,000 Park Ded. N/A 40 R1-13.5 13,500 13,500 85* 100 85 30 10 25 20 13,500 Park Ded. N/A 40 R1-9.5 9,500 9,500 70* 100 70 30 (See Subd.2 (See Subd. 20 9,500 Park Ded. N/A 40 Item 8) 2 Item 8) RM-6.5 13,000 3,000 24 100 24 30 10 20 20 6,500 Park Ded. N/A 40 Plus 1000 Sq. Ft./Unit RM-2.5 25,000 25,000 150 150 150 35 25 50 30 2,500 Park Ded. N/A 45 Plus 600 Sq. Ft./Unit Table 1-Section 11.03 Source: Ordinance No.8-97,Effective Date:3-14-97 *(Prev.Ordinance No.15-85 Effective Date:5-30-85) Source: Ordinance No.3-2011 Effective Date: 3-24-11 w ACCESSORY STRUCTURE RESIDENTIAL OFF-STREET SCREENING AND DISTRICTS MINIMUM DISTANCE MINIMUM DISTANCE LOADING LANDSCAPING MAXIMUM HEIGHT TO SIDE LOT LINE TO REAR LOT LINE RURAL 30 30 30 N/A N/A R1-44 15 10 10 N/A N/A R1-22 15 10 10 N/A N/A R1-13.5 15 10 10 N/A N/A R1-9.5 15 5 5 N/A N/A RM-6.5 15 10 10 N/A YES RM-2.5 15 10 10 YES YES Table 2-Section 11.03 MINIMUM LOT SIZE MINIMUM YARD-SETBACK OFFICE/ MINIMUM SITE AREA PER MAX.FLOOR MAXIMUM HEIGHT OF COMMERCIAL/ LOT DWELLING UNIT AREA RATIO BASE AREA MAIN INDUSTRIAL/ Area WIDTH AT One Both SQ.FT.OR (FAR) RATIO STRUCTURE DIST. S.F.of Width Depth RIGHT OF Front Side Sides Rear ACRES (BAR)* (FT.) WAY LINE Acres Ft. Ft. Ft. Ft. Ft. Ft. C-REG 50 N/A N/A N/A 80 80 160 60 Dwelling Not 0.2-1 Story 0.5- 0.2 40 ACRES Permitted Multi Story I-2 PARK 2 acres 200 300 200 50 20 40 25 Dwelling Not 0.3-1 Story 0.5- 0.3 40 Permitted Multi Story I-5 PARK 5 acres 300 300 300 75 30 60 25 Dwelling Not 0.3-1 Story 0.5- 0.3 40 Permitted Multi Story I-GEN 5 acres 300 300 300 75 30 60 50 Dwelling Not 0.3-1 Story 0.5- 0.3 40 Permitted Multi Story PUB N/A N/A N/A N/A 50 50 150 50 Dwelling Not N/A N/A 30 Permitted Table 3-Section 11.03 *Source: Ordinance No.9-87 Effective Date: 5-7-87 Source: Ordinance No.3-2011 Effective Date: 3-24-11 MINIMUM LOT SIZE MINIMUM YARD-SETBACK OFFICE/ MINIMUM LOT SITE AREA PER MAX.FLOOR MAXIMUM HEIGHT COMMERCIAL/ Area WIDTH AT DWELLING UNIT AREA RATIO BASE AREA OF MAIN INDUSTRIAL/ f Si RIGHT OF WAY ne Both SQ.FT.OR (FAR) RATIO STRUCTU DIST. Acres Width Depth Front Side Sides Rear ACRES (BAR)* RE(FT.) Ft. Ft. Ft. Ft. Ft. Ft. OFC 20,000 100 100 100 35 20 50 20 Dwelling Not 0.3-1 Story 0.3 30 Permitted 0.5-Multi Story N-COM 2 acres 200 200 200 35 20 40 10 Dwelling Not 0.2-1 Story 0.2 30 Permitted 0.4-Multi Story C-COM 5 acres 300 300 300 35 20 40 10 Dwelling Not 0.2-1 Story 0.2 30 Permitted 0.4-Multi Story C-HWY 20,000 100 130 100 35 20 40 10 Dwelling Not 0.3-1 Story 0.3 40 Permitted 0.4-Multi Story C-REG-SER 10,000 80 100 80 35 20 40 10 Dwelling Not 0.2-1 Story 0.2 40 Permitted 0.4-Multi Story GC 75 acres 100 300 100 35 20 40 10 Dwelling Not 0.3-1 Story 0.3 30 Permitted 0.5-Multi Story A-C 2 acres 200 200 200 35 20 40 10 Dwelling Not 0.2—1 Story 0.2 30 Permitted 0.4—2 Story A-OFC 20,000 100 100 100 35 20 50 20 Dwelling Not 0.3-1 Story 0.3 30 Permitted 0.5-Multi Story Table 4-Section 11.03 Source: Ordinance No.9-2014,Effective Date: 4-13-2014 Source: Ordinance No.2-2007,Effective Date: 1-23-07 Source: Ordinance No.9-87,Effective Date: 5-7-87 Source: Ordinance No.3-201,Effective Date: 3-24-11 a ACCESSORY STRUCTURES MAX. OFFICE/ FLOOR AREA TOTAL COMMERCIAL/ Min.Dist. Min.Dist. SCREENING MIN.ZONE MAX. PRIMARY FLOOR INDUSTRIAL Maximum to Side to Rear OFF-STREET AND AREA ZONE USE AREA DISTRICTS Height Lot Line Lot Line LOADING LANDSCAPING (ACRES) AREA (SQ.FT.) (SQ.FT.) (ACRES) OFC 15 10 10 YES YES N/A N/A N/A N/A N-COM 15 10 10 YES YES 2 15 20,000 50,000 C-COM 15 20 10 YES YES 5 20 30,000 200,000 C-HWY 40 20 10 YES YES 5 20 20,000 100,000 C-REG-SER 40 20 10 YES YES 10 N/A N/A N/A C-REG 40 50 50 YES YES 60 N/A N/A N/A I-2 PARK 40 20 25 YES YES 40 N/A N/A N/A I-5 PARK 40 20 25 YES YES 40 N/A N/A N/A I-GEN 40 20 50 YES YES 80 N/A N/A N/A PUB 30 30 30 YES YES N/A N/A N/A N/A GC 30 30 30 YES YES N/A N/A N/A N/A A-C 15 10 10 YES YES NA NA NA NA A-OFC 15 10 10 YES YES N/A N/A N/A N/A Table 5-Section 11.03 Source: Ordinance No.9-2014,Effective Date: 4-13-2014 Ordinance No.2-2007,Effective Date: 1-23-07;Ordinance No.18-90,Effective Date: 9-21-90 Tables redone under Ordinance No.9-87,Effective Date: 5-7-87 Subd.3. Special Requirements. The following special requirements shall apply to all Districts: Source: City Code Effective Date: 9-17-82 A. Lots in all Districts except the RM Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than 90 feet. Source: Ordinance No.72-84 Effective Date: 4-5-84 B. Lots which rear on a railroad or freeway shall have at least 150 feet depth. Source: City Code Effective Date: 9-17-82 C. Where 40%or more of a block is developed,the required setback shall be equal to or greater than the average of the principle structures on either side. Source:Ordinance No.47-96 Effective Date: 11-29-96 Source: Ordinance No.72-84 Effective Date: 4-5-84 D. Rear or side yard requirements for dissimilar abutting districts must meet the larger of the two requirements. Source: City Code Effective Date: 9-17-82 E. Fences not over 7 feet in height may occupy any yard.No fence,hedge or other planting exceeding 30"in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance. Source: Ordinance 4-2015 Effective Date: 5-14-2015 Source: City Code Effective Date: 9-17-82 F. Except towers for commercial wireless telecommunications services,towers,spires,chimneys,water tanks, flagpoles, radio and TV antennas, transmission towers and other structures and necessary mechanical appurtenances covering not more than 10%of the ground area may be erected to a height of not more than twenty-five(25)feet in addition to the maximum height permitted. Source:Ordinance No.27-97 Effective Date:6-13-97 Source: City Code Effective Date: 9-17-82 G. Screening and Landscaping. 1. Definitions. For the purposes of this Section,the following terms shall have the meanings stated: (a) Caliper: The length of a straight line measured through the trunk of a tree twelve(12)inches above the base. 11-12 (b) Coniferous/Evergreen Tree: A woody plant which,at maturity,is at least thirty(30)feet or more in height, with a single trunk, fully branched to the ground,having foliage on the outermost portion of the branches year round. (c) Clear Cutting: Removal of all existing significant natural vegetation on a particular piece of property. (d) Deciduous Overstory Shade Tree: A woody plant which,at maturity,is thirty(30)feet or more in height,with a single trunk,unbranched for several feet above the ground,having a defined crown,and which loses leaves annually. (e) Deciduous Understory Ornamental Tree: A woody plant which,at maturity,is less than thirty (30)feet in height,with a single trunk,unbranched for several feet above the ground,having a defined crown which loses leaves annually. (f) Fence: Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure,and located along the boundary or within the required yard. (g) Landscape: Site amenities,including trees,shrubs,ground covers,flowers,fencing,berms, retaining walls,and other outdoor furnishings. (h) Performance Bond: A bond with good and sufficient sureties,approved by the City Manager, which is conditioned upon complete and satisfactory implementation of an approved landscape plan and which names the City as obligee. (i) Plant Material Average Size(Coniferous): The total height of all coniferous trees six(6)feet or over,divided by the total number of such trees. (j) Plant Material Average Size(Shade or Ornamental): The total diameter of all deciduous overstory trees two and one-half(21/2) inches or more in diameter, divided by the total number of trees. (k) Mechanical Equipment: Heating,ventilation,exhaust,air conditioning,and communication units integral to and located on top of, beside or adjacent to a building and telecommunications mechanical equipment located on top of, beside or adjacent to a building. Source: Ordinance No.3-2014 Effective Date: 2-27-2014 Source: Ordinance No.15-85 Effective Date: 5-30-85 (1) Retaining Wall: A wall or structure constructed of stone,concrete,wood or other materials, used to retain soil,as a slope transition or edge of a planting area. Source: Ordinance No.15-85 Effective Date: 5-30-85 (m) Screening: A barrier which blocks all views from public roads and adjacent differing land uses to off-street parking areas, loading areas, service and utility areas,and mechanical equipment. Source: Ordinance No.58-87 Effective Date: 1-7-88 11-13 2. Landscape Plan Required. In every case where landscaping is required by provision of the City Code or by an approval granted by the City,for a building or structure to be constructed on any property,the applicant for the building permit shall submit a landscape plan prepared in accordance with the provisions of this Section. The landscape plan shall include the following information: (a) General: Name and address of developer/owner; Name and address of landscape architect/designer;Date of plan preparation;Date and description of all revisions;Name of project or development. (b) Site Map: One(1) scale drawing of the site based upon a survey of property lines with indication of scale and north point;Name and alignment of proposed and existing adjacent on-site streets;Location of all proposed utility easements and right of ways;Location of existing and proposed buildings;Topographic contours at two foot contour intervals;Existing and proposed location of parking areas;Water bodies;Proposed sidewalks;Percent of site not covered by impervious surface. (c) Landscape Proposal: Two(2)scale drawings of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; Existing and proposed topographic contours using mean sea level datum at two foot contour intervals; Details of proposed planting beds and foundation plantings;Delineation of both sodded and seeded areas;Location and identification of proposed landscape or man made materials used to provide screening from adjacent and neighboring properties, a separate cross section drawing of which shall be provided at legible scale illustrating the effectiveness of proposed screening;Location and identification of trees;Details of fences,tie walls,planting boxes, retaining walls,tot lots,picnic areas,berms,and other landscape improvements,including a separate drawing of typical sections of these details in legible scale;Location of landscape islands and planter beds with identification of plant materials used, including separate drawings of typical sections of these areas in legible scale. (d) Planting Schedule: A table containing the common names and botanical names,average size of plant materials,root specifications,quantities,special planting instructions,and proposed planting dates of all plant materials included in the Landscape Proposal. 3. Performance Bond Required. No building permit shall be issued until the applicant for the building permit shall file with the City Manager a performance bond,with a corporation approved by the City Manager as surety thereon,or other guarantee acceptable to the City,in an amount to be determined by the City Manager,but for no less than one and one-half(11/2)times and no more than two(2)times the amount estimated by the City Manager as the cost of completing said landscaping and screening.The performance bond must cover two complete growing seasons or one full calendar year subsequent to the completion and must be conditioned upon complete and satisfactory implementation of the approved landscape plan. 4. All landscaping shall be implemented in accordance with the following: (a) Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of two and one-half(21/2)caliper inches;deciduous understory trees shall be a minimum of one and one-half(11/2)caliper inches;coniferous trees shall be a minimum of six (6)feet in height. (b) Total Caliper Inches Required: In order to achieve landscaping which is appropriate in scale with the size of a building and site,the minimum number of caliper inches of trees required 11-14 shall be determined by dividing the total gross square footage of all floors of a building by 320. A single story building in excess of 20 feet in height shall be considered a two story building for the purposes of determining its total gross square footage. A mixture of plant material sizes shall be required as follows: PLANT MATERIAL SIZES(IN CALIPER INCHES) Building Height(Stories) 2.5 3.0 1 3.5 4.0 4.5 5.0 1 70% 10% 10% 10% --- --- 2 60% 10% 10% 10% 10% --- 3 50% 10% 10% 10% 10% 10% 4 40% 20% 10% 10% 10% 10% 5 30% 20% 20% 10% 10% 10% 5+ 20% 20% 20% 20% 10% 10% Percentage of trees required to be of this caliper size. For the purposes of satisfying the total caliper inch requirement,coniferous trees can be considered equivalent to overstory trees by dividing the height of a coniferous tree 6 ft.height minimum by 2.4 to determine equivalent calf er inches. NOTE: When determination of height results in a fractional foot,any fraction of 0.5 or less may be disregarded;a fraction in excess of 0.5 shall be counted as one foot. (c) Planting Islands: Planting islands shall be required where necessary to visually break up expanses of hard surface parking areas,for safe and efficient traffic movement,and to define rows of parking. Planting islands shall occupy at least five(5)percent of the parking area. (d) Method of Installation: All deciduous and coniferous trees shall be balled and burlapped, staked,and guyed in accordance with national Nurseryman's standards. All shrubs shall be potted. (e) Sodding and Ground Cover: All open areas of a site not occupied by building,parking,or storage shall be sodded. Exceptions to this are seeding of future expansion areas as shown on approved plans; undisturbed areas containing existing natural vegetation which can be maintained free of foreign and noxious materials;and,areas designated as open space for future expansion area properly planted and maintained with prairie grass. (f) Slopes and Berms: Final slopes greater than the ratio of 3:1 will not be permitted without special approval or treatment,such as special seed mixtures or reforestation,terracing,or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3:1. (g) Maintenance: The property owner shall be responsible for replacement of any dead trees, shrubs,ground covers,and sodding. (h) Erosion Control: All areas of any site shall be seeded or sodded within thirty(30)days on slopes of 3:1 or greater or in areas where storm runoff will drain into natural drainage basin or pending areas. (i) Preservation of Wetland and Woodland Areas: It is the policy of the City to preserve the natural wetland and woodland areas throughout the City,and with respect to specific site development,to retain as far as practical,substantial tree stands and wetlands which can be 11-15 incorporated into the Landscape Plan. No clear cutting of woodland areas shall be permitted. Shade trees of six(6)inch or more caliper shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. The Council may require replacement of any removed trees on a caliper inch for caliper inch basis. (j) Placement of Plant Materials: No landscaping shall be allowed within any drainage utility easements,road right of way,or immediately adjacent to any driveway or road intersection when it would interfere with motorists'views of the street or roadway. Source: Ordinance No.15-85 Effective Date: 5-30-85 (k) Mechanical Equipment Screening: (1) All mechanical equipment mounted on the exterior of a building and possessing one or more of the characteristics listed below in U.shall be physically screened from all public roads and adjacent differing land uses with factory prefinished metal, wood laminated with metal,or other building material in a manner architecturally integral to the building or buildings on site. (2) All mechanical equipment located on the ground and possessing one or more of the characteristics listed blow in U.shall be physically screened from all public roads and adjacent differing land uses with either plant material or factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site. Rooftop mechanical equipment on new buildings shall be screened with a parapet wall consistent with the architectural exterior materials for the building. (3) Irregular in size and shape;Exposed and/or protruding fans,grills,pipes,tubes, wires,vents;unfinished metal covering,exposed rivets,exposed seams. Source: Ordinance No.58-87 Effective Date: 1-7-88 Prev.Ordinance No.15-85 Effective Date: 5-30-85 Prev.Ordinance No.9-87 Effective Date: 5-7-87 (1) General Screening: All parking,loading,service,utility,and outdoor storage areas shall be screened from all public roads and adjacent differing land uses. Screening shall consist of any combination of the following: earth mounds, fences,shrubs,compact evergreen trees,or dense deciduous hedge. Hedge materials must be at least three(3)feet in height,and trees must be at least twelve(12)feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials,such as trees or hedges,are used to meet the screening requirements of this subsection,density and species of planting shall be such to achieve seventy five percent(75) opacity year round. Source: Ordinance No.4-2015 Effective Date: 5-14-2015 Prev. Ordinance No.15-85 Effective Date: 5-29-85 (m) General Landscape for Residential Districts: In R1-44,R1-22,R1-13.5,R1-9.5 andRM-6.5 districts all exposed ground area surrounding the principal building and accessory buildings 11-16 which are not devoted to driveways,sidewalks,or patios,shall be landscaped with grass, shrubs,trees or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials,supplies,or merchandise. Source: Ordinance No.9-87 Effective Date: 5-7-87 H. Off-Street Parking Facilities. 1. The purposes of this Subparagraph are to: (a)prevent a shortage of curb spaces where allowed;and (b)provide a sufficient amount of off-street parking so as to utilize the streets for their primary use- the safe and convenient movement of traffic. 2. Parking Spaces Defined. For purposes of this Chapter,a parking space shall be defined according to the following table of dimensions except that a parking space in a garage or carport shall not be less than 10 feet wide and 20 feet long. 3. Basic Requirements. (a) Off-street parking facilities shall be provided at the time of initial occupancy or enlargement of a structure as required by Item 4 of this Subparagraph. (b) The City Manager shall determine the requirements for any use not specifically required by Item 4 of this Subparagraph. (c) Fractional numbers of spaces as per Item 4 of this Subparagraph shall be adjusted to the next higher number. Source: City Code Effective Date: 9-17-82 (d) Dimensions of parking spaces. Parking space and aisle width dimensions in relation to PARKING ANGLE_ degree of parking angle O 20 30 40 45 50 60 70 80 90 Deg. Deg. Deg. Deg. Deg. Deg. Deg. Deg. Deg. Deg. Parking space 9' 9' 9' 9' 9' 9' 9' 9' 9' 9' width, perpendicular to angle Parking space 9' 14'6" 1610" 18'8" 19'5" 20' 20'8" 209" 202" 19' dimension perpendicular to aisle Parking space 23' 24S 17' 132" 11'1" 91101, 9' 9' 9' 9' dimension parallel to aisle Aisle width 12' 1 F I F 12' 13'6" 16' 18'6" 19'6" 24' 25' Source: Ordinance No.1-90 11-17 DI STRI CT LAND USES CFF-STREET PARKING SPACE RECILI REIVENTS a. Rural Sane as b. below b. R1-44, R1-22, R1-13.5, 2/D.U. 1 enclosed ni ni num R11-9.5 4/D.U. - kbxi num Drivev,ay Parking Acceptable Source: Cr di nance No. 72-84 Ef f ect i ve Dat e: 4-5-84 C. I M 6.5 and I M 2.5 2/D.U. 2/1 encl osed d. *CFC, Cr CFC G F.A. RATI O 1-60,000 s.f. 5.0/1000 s.f. Source: Gel nance Kb. 9-2014 Ef f ect i ve Dat e: 03/13/2014 60,001-70,000 s.f. 4.9/1000 s.f. Source: Cr di nance No. 9-87 70,001-80,000 s.f. 4.8/1000 s.f. Ef f ect i ve Dat e: 5/7/87 80,001-90,000 s.f. 4.7/1000 s.f. 90,001-100,000 s.f. 4.6/1000 s.f. 100,001-150,000 s.f. 4.2/1000 s.f. 150,001 PLUS s.f. 4.0/1000 s.f. e. 00MVI Ar C Source: Cr di nance No. 9-2014 Ef f ect i ve Dat e: 03/13/2014 Ser vi ce St at i ons 10+ spaces Mere cars are serviced IVbt el s, Flot el s 1/guest room+ 1/errpl o ee Restaurant Type 1 1/2.5 seats based on capacity Restaurant Type 2 1/3 seats based on capacity Restaurant Type 3 1/2 seats based on capacity Source: Ordinance No.22-2007 Effective Date: 9/13/2007 **Banks 6.0/1000 sq. ft. G F.A. Source: Cr di nance No. 9-87 Ef f ect i ve Dat e: 5/7/87 Ret ai I St ores and Shops 5/1000 sq. f t. G F.A. Source: Ordinance No.22-2007 Effective Date:9/13/2007 Arenas, Theaters, Asserrbl y 1/3 seats Ftal I s Vlkrehouses 1/2-1000 G F.A. Source: Cr di nance No. 9-87 Ef f ect i ve Dat e: 5-7-87 M+nuf act ur i ng 3/1000 s . f t. G F.A. Vlkrehouses 1/2-1000 sq. f t. G F.A. Cf f i ce 5/1000 sq. f t. G F.A. %rmasi um 5/1000 sq. f t. G F.A. g. PUB Places of Vbrshi p 1/3 seats in I ar gest assenbl y room h. Gol f Course 1/3 seats in the clubhouse plus 72 spaces Effective Date: 2-1-90 4. Parking Requirement/Use* Source: Ordinance No.2-2007 Effective Date: 1-23-07 Source: Ordinance No.16-82 Effective Date: 1-14-83 Source: City Code 11-18 Effective Date: 9-17-82 *The requirements for any use not specifically mentioned shall be designated by the City Manager. Source: City Code Effective Date: 9-17-82 For supporting minor commercial uses within office/industrial buildings providing a supplemental function to the major office and/or industrial use,the number of parking spaces for such uses shall be not less than the minimum required for such uses in any other District. Source: Ordinance No.16-82 Effective Date: 1-14-83 Specific parking requirements for the Transportation Oriented Development District are located in Section 11.26 of Chapter 11 and for the Town Center District in Section 11.27 of Chapter 11. 5. Development and Maintenance of Parking Areas. (a) Screening and Landscaping. Off-street parking areas containing more than 5 stalls shall be screened on each side adjoining a residential use or public street. (b) Minimum Distance or Setbacks. Parking areas for 5 vehicles or more shall be at least 10 feet from any side or rear lot line and 5 feet from any building. (c) Parking areas, loadingeasfacilities and driveways shall be surfaced with bituminous, concrete,pavers of brick,natural stone,or concrete placed with gaps not exceeding 1/4 inch, turf block,or grasscrete,and graded to dispose of or infiltrate all area surface water without damage to private or public properties,streets,or alleys.The use of gravel,crushed rock, sand,or dirt is prohibited except when used as gap material with pavers. Source: Ordinance No.16-2010 Effective Date: 11-25-2010 (d) Location. Off-street parking facilities shall be on the same parcel of land as the structure they are intended to serve. Space for the required facilities shall not occupy the required front yard or on a corner lot more than 1/2 of the required side yard closest to the street. Source: Ordinance No.72-84 Effective Date: 4-5-84 6. Special Requirements. (a) Each parking space shall have an unobstructed access from a street or aisle without moving another vehicle. Exception is in an R1-44, R1-22, R1-13.5 and R1-9.5 District where parking in driveways is permitted. (b) Bumper rails and curbs shall be provided as determined by the City Manager. (c) No servicing of vehicles shall take place in any off-street parking area. Source: City Code Effective Date: 9-17-82 7. Connecting Parking Areas with Streets. 11-19 (a) Vehicular traffic generated by any use shall be channeled and controlled so as to avoid congestion and traffic hazards. (b) The adequacy of any proposed traffic pattern shall be determined by the City Manager. Traffic control measures such as warning signs,directional signs,turn lanes,channelization, illumination,etc.,may be required. (c) All driveways abutting public streets shall be subject to the following regulations: Minimum distance between driveways-20 feet. Minimum driveway angle to street-30 degrees for one way streets and 60 degrees for two way streets. Driveway widths at street curb are: DRIVEWAY WIDTH MAXIMUM MINIMUM One Way 20 feet 12 feet Two Way 30 feet 24 feet Minimum Driveway Return Radius-6 feet Minimum distances between the end of a driveway at the intersection of a right of way line and the property line shall be 10 feet. Source: Ordinance No.9-87 Effective Date: 5-7-87 (d) Parking areas,loading areas facilities and driveways shall be surfaced with bituminous; concrete;pavers of brick,natural stone,or concrete placed with gaps not exceeding 1/4 inch;turf block;or grasscrete;and graded to dispose of or infiltrate all area surface water without damage to private or public properties,streets,or alleys.The use of gravel, crushed rock,sand,or dirt is prohibited except when used as gap material with pavers. Source: Ordinance No.16-2010 Effective Date: 11-25-2010 L Off-Street Loading Facilities. 1. Purpose. The purpose of this Subparagraph is to provide a sufficient number of off-street loading facilities so as to allow the safe and convenient movement of traffic along the streets. 2. Basic Requirements. (a) Off-street loading berths shall be provided at the time of initial occupancy or enlargement of a structure. The exact number of berths shall depend on the type of transport service utilized and the nature of the use itself. (b) A loading facility includes the dock,the berth for the vehicle,maneuvering areas and the necessary screening walls. (c) No loading facility shall be located on a street frontage nor within the required side or rear yard requirements except in the TOD-MU,TOD-E,TOD-R,TC-MU,TC-R and TC-C. 11-20 3. Special Requirements. (a) All docks shall be located within the perimeter of the structure housing the principal or accessory use and shall be completely enclosed. (b) All berths within the TOD and TC zoning districts shall be completely enclosed and screened with a solid wall. All berths shall be screened from views on the property's street frontages or from the district's boundary by solid wall,earth berms or plant materials of at least a height of 10 feet.Such walls must be designed so as to be harmonious with the structure having the loading facility. (c) Each loading berth shall have an unobstructed access from a trafficway without moving another vehicle. (d) Parking areas, loading ar-e�facilities and driveways shall be surfaced with bituminous, concrete,pavers of brick,natural stone,or concrete placed with gaps not exceeding 1/4 inch, turf block,or grasscrete,and graded to dispose of or infiltrate all area surface water without damage to private or public properties,streets,or alleys.The use of gravel,crushed rock, sand,or dirt is prohibited except when used as gap material with pavers. Source: Ordinance No.16-2010 Effective Date: 11-25-2010 (e) Bumper rails and curbs shall be provided at locations described by the City Manager when needed for safety or to protect property. Source: City Code Effective Date: 9-17-82 J. Outside Storage and Displays. 1. In all Districts except I-General,all raw materials,supplies,finished or semi-finished products and equipment shall be stored within a completely enclosed building;provided,however,that motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored or parked within the permitted parking lot areas. In I-Gen Districts,outside storage is permitted provided it is screened in accordance with this Section. Source: Ordinance No.3-91 Effective Date: 4-4-91 2. In all Commercial Districts,all materials,supplies,merchandise or other similar matter shall be stored within a completely enclosed building,except merchandise or equipment offered for sale,rental or lease displayed in accordance with the following limitations: (a) Temporary outdoor display area.Merchandise or equipment may be displayed and offered for sale,rental or lease outside the confines of a completely enclosed building("temporary outdoor display area")for a combined time period of sixty(60)days or less of a calendar year provided the temporary outdoor display area: (1) Is screened from public roads and adjacent land uses. (2) Does not encompass an area greater than two percent(2%)of the base area of an enclosed building located on the lot on which the temporary outdoor display area is situated. 11-21 (3) Does not obstruct pedestrian use of a private sidewalk at least 5'wide. (4) Is not located within the required front,rear or side yard setback of the lot on which it is located. (5) Is not located in the required parking except: a. Not more than one-half of one percent(.005)of the required parking stalls may be utilized for the temporary outdoor display area. b. No drive isle is utilized for the temporary outdoor display area. (6) Is not located on public sidewalks or streets. (7) Is not located on a vacant lot. (b) Permanent outdoor display area.Merchandise or equipment may be displayed and offered for sale,rental or lease within,but outside the confines of that part of the completely enclosed building,of which it is apart("permanent outdoor display area")for a combined time period of sixty(60)days or greater of a calendar year provided: (1) The building of which the permanent outdoor display area is a part does not exceed the base area ratio or floor area ratio permitted in the Commercial District. (2) Material or equipment must be screened from public roads and adjacent land uses with a wall of the building. (3) The permanent outdoor display area may not encompass an area greater than six percent(6%)of the base area of the completely enclosed building. (c) A temporary outdoor display area and permanent outdoor display area may not encompass an area greater than seven percent(7%)of the base area of the completely enclosed building. Source: Ordinance No.51-94 Effective Date: 1-26-95 Prev.Ordinance No.3-91 Effective Date: 4-4-91 (d) Exemption. The 60 day time period in this Section shall not apply to farmers who sell produce from the farm on land occupied and cultivated by themselves. For the purpose of this Section only, "farmer" shall be defined as one who engages, as an occupation, in farming operations as a distinct activity for the purpose of producing a farm crop. Source: Ordinance No.12-2003 Effective Date: 5-15-03 3. The parking or storing of recreational vehicles outside of an enclosed building or structure in all One- Family Residential Districts and all Multi-Family Residential Districts is prohibited, except as hereafter provided. (a) No more than 2 recreational vehicles may be stored or parked outside upon a lot. (b) Recreational vehicles not greater than 12 feet in height may be parked or stored on(i)that part of a front yard of a lot occupied by a driveway,provided no part of a recreational vehicle 11-22 may be closer than 15 feet from the traveled portion of a street,(ii)that part of a side yard or rear yard of a lot not situated within 10 feet of a lot line,or(iii)that part of a side yard within 10 feet of a lot line which(a)abuts a front yard,(b)is occupied by a driveway,and(c)is not within 15 feet of the traveled portion of a street. In addition to the general 12-foot height permitted,minor portions of accessory equipment not exceeding four square feet in vertical cross-section as viewed from the adjacent lot line is permitted. (c) Recreational vehicles parked or stored outside for a period in excess of 14 days must be owned by a person residing on the lot. (d) All recreation vehicles parked or stored outside must be in a safe,operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration plate or tag is required by law for its operation. (e) No recreational vehicle shall be used for living,sleeping,or housekeeping purposes when parked or stored in a One-Family Residential District or a Multi-Family Residential District. (f) A recreational vehicle must not be parked or stored over or upon a bikeway,pathway,or sidewalk. Source: Ordinance No.22-88 Effective Date: 4-27-89 4. No storage or display of any type is permitted in any Commercial or Industrial District within the one- half of the front or side street setback nearest the street nor within any side or rear setback. Source: Ordinance No.3-91 Effective Date: 4-5-91 K. Architectural Standards. All structures within all districts except Rural,RI-44,RI-22,RI-13.5,RI-9.5_-a* — Formatted:Highlight RM-6.5 and GC shall be developed in accordance with the following design standards: 1. Architectural plans shall be prepared by a registered architect and include:1)elevations of all sides of the building;2)type and color of exterior building materials;3)a typical floor plan and dimensions of all structures;4)location of trash containers,heating,air conditioning and ventilation systems;5) proposed screening of trash containers,heating,air conditioning and ventilation systems. Source: City Code Effective Date: 9-17-82 2. In Districts N-Com,C-Com,C-Reg,C-Reg-Ser,C-Hwy,Ofc,nit PPb A-C,A-OFC,TC-C,TC-R, TC-MU,TOD-E,TOD-R,TOD-MU and RM-2.5,seventy-five percent,(75%),of the exterior building finish shall consist of materials comparable in grade and quality to the following: 1)face brick;2) natural stone;3)glass;4)Cast Stone;5)Cultured Stone;6)Architectural Precast;7)Precast Concrete Panel with an exposed aggregate of granite,marble,limestone,or other natural stone material with at least two architectural reveals per panel. Source: Ordinance No.3-2013 Effective Date: 1-17-2013 Source: Ordinance No.7-2011 Effective Date: 5-26-2011 3. In Districts 1-2,1-5,and I-Gen,seventy-five percent,(75%),of the exterior building finish shall consist of material comparable in grade and quality to the following: 1)face brick;2)natural stone;3)glass; 4)specially designed precast concrete units if the surfaces have been integrally treated with an applied 11-23 decorative material or texture and smooth concrete block if scored at least twice;5)rock face;6)Cast Stone; 7) Cultured Stone; 8) Architectural Precast; 9) Precast Concrete Panel with an exposed aggregate of granite,marble,limestone,or other natural stone material with at least two architectural reveals per panel. Source: Ordinance No.7-2011 Effective Date: 5-26-2011 Source: Ordinance No.1-90 Effective Date: 2-1-90 4. In all districts except Rural,R1-44,R1-22,R1-13.5,R1-9.5,and RM-6.5,wood stucco,vinyl,metal, plastic or a combination of all these materials, shall not comprise more than twenty-five percent, (25%),of a building's exterior finish. Source: Ordinance No.9-87 Effective Date: 5-7-87 Prev.Ordinance No.72-84 Effective Date: 4-5-84 L. Garage Sales shall comply with the following conditions: 1. Garage sales may occur only on properties zoned Rural,RI and RM that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy. 2. No more than four(4)garage sales may occur at a dwelling in a twelve(12)month period. 3. No sale shall exceed a period of four(4)consecutive days. 4. Garage sale signs must comply with Section 11.70 entitled sign permits. Source: Ordinance No.9-2009 Effective Date: 10-15-2009 M. Trash and Recycling. Implementation of a trash enclosure plan shall be required prior to issuance of any occupancy permit for a property located in zoning districts OFC,I-2,I-5,I-Gen,C-Com,N-Com,C-Reg,C- Reg-Ser,C-Hwy,a+id-TC,TOD-E,TOD-R,aPA-TOD-MU,PUB,GC,A-C-and A-OFC. This Section 11.03 Subd. 3,M is applicable to applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. 1. Trash and Recycling Enclosure: All recyclable waste shall be kept within a completely enclosed building or within a trash enclosure constructed with materials consistent with Architectural Standards 11.03,Subd.2,K.2.fac w ', ' �to match the building with a roof and solid wood or metal gates that completely screen the interior of the enclosure. 2. Trash and Recycling Location: All trash,trash receptacles and recycling bins shall meet the setbacks for the underlying zoning district. Source: Ordinance No.10-2010 Effective Date: 06-24-2010 N. Sculptures and Statuary. 1. Setbacks. In all zoning districts accessory structures must meet the required setbacks,except for the following: 11-24 (a) The front yard setback for sculptures and statuary is 10 feet in the residential, office, industrial,golf course,airport and public districts. (b) The front yard setback for statuary and sculptures is 20 feet in the commercial districts. 2. Height. In all zoning districts the maximum height allowed for sculptures and statuary is 15 feet. 3. One sculpture or statuary per street frontage in the commercial,office,industrial,public,and airport zoning districts. Source:Ordinance No.20-2013 Effective Date: 12-12-2013 Subd.4. Performance Standards. Uses which because of the nature of their operation are accompanied by an excess of noise,vibration,dust,dirt,smoke,odor,noxious gases,glare or wastes shall not be permitted. These standards shall be considered"excessive when they exceed or deviate from the limitations set forth in the following performance specifications: A. Vibration. No activity or operation shall at any time cause earth vibrations perceptible beyond the limits of the immediate site on which the operation is located. B. Dust and Dirt. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion,standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50% excess air. C. Smoke. Measurement shall be at the point of emission. The Ringelman Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No.1 of said chart may be emitted,provided that smoke not darker or more opaque than No.2 of said chart may be emitted for periods not longer than four minutes in any 30-minute period. These provisions,applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity. D. Odor. No activity or operation shall cause at any time the discharge of toxic,noxious,or odorous matter beyond the limited of the immediate site where it is located in such concentrations as to be detrimental to or endanger the public health,welfare,comfort or safety or cause injury to property or business. E. Glare. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination,shall not be visible beyond the limits of the immediate site from which it originates. Lighting illumination shall not exceed 0.5 foot candles measured at the property line.Pole lighting height shall not exceed 25 feet measured at natural grade. Pole lighting in the interior portion of a parking lot shall be located within a parking island.Site lighting for athletic fields,public facilities,and parks is exempt. F. Wastes. All solid waste material,debris,refuse,or garbage shall be kept within a completely enclosed building or properly contained in a closed container designed for such purpose. All liquid wastes containing any organic or toxic matter shall be discharged with into a public sanitary sewer or treated in a manner prescribed by the City. The rate of liquid waste discharge into the City sanitary sewerage system shall not exceed 200 gallons per site acre per hour between the hours of 9:00 o'clock a.m.and noon. Use for the dumping or storage above ground or under the surface of chemical waste and other hazardous waste products will not be permitted because of the potential hazards that may be created to public health,safety,and welfare in all Districts. Source: Ordinance No.35-94 11-25 Effective Date: 9-30-94 Subd.5. Performance Standards-Tests. A. By Owner. In order to assure compliance with the performance standards set forth above,the Council may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties concerned,or if there is failure to agree,by such independent testing organization as may be selected by the Council after 30 days notice. The costs incurred in having such investigations and tests conducted shall be shared equally by the owner or operator and the City,unless the investigation and tests disclose noncompliance with the performance standards,in which event the entire investigation or testing cost shall be paid by the owner or operator. B. By City. The procedure above stated shall not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards. Source: City Code Effective Date: 9-17-82 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. 11-26 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 maybe 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. 11-27 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 maybe 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 11.04. LIMITATION ON USES. Uses in each District established in this Chapter shall be limited to those permitted uses authorized,and then only under the standards and conditions which are also stated herein. Source: Ordinance No.72-84 Effective Date: 4-5-84 SECTION 11.05. HERITAGE PRESERVATION SITES. Source Ordinance No.5-2010 Effective Date:4-29-2010 Subd. 1. Declaration of Public Policy and Purpose. The Council of the City of Eden Prairie (hereinafter the "Council")declares as a matter of public policy that the preservation,protection,perpetuation and use of areas,places, buildings, structures, and other objects have historic, aesthetic or community interest or value,benefits the health, 11-28 prosperity,education and welfare of the community. The purposes of this chapter are to: (1)Safeguard the heritage of the City by preserving sites and structures which reflect significant elements of the City's cultural,social,economic, political,visual or architectural history;(2)Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City; and(3)Foster civic pride in the beauty and notable accomplishments of the past. Subd.2. Definitions. A. The following terms,as used in this Section,shall have the following meanings: 1. Alteration—means any act or process which changes one(1)or more of the exterior architectural features of a building,or landform. 2. Archaeological resources—means archaeological artifacts,objects,or sites as defined in regulations promulgated under the Archeological Resources Protection Act of 1979,16 USC Section 470. 3. Building— means an enclosed structure with walls and a roof, consciously created to serve a residential,industrial,commercial,agricultural,or other human use. 4. Certificate of Appropriateness—means a certificate issued by the City Council authorizing alteration, construction, restoration, relocation or demolition of a designated Heritage Preservation Site in accordance with the provisions of this Chapter. 5. Commission—means the Heritage Preservation Commission of the City. 6. Cultural resource—means a building,object,monument,structure,site or geographically definable area,such as an historic district or archaeology site that possesses a significant concentration,linkage or continuity of historically significant resources. 7. Demolition—means any act or process that destroys in part or in whole a cultural resource including the removal of any material constituting part of a structure other than for the purposes of ordinary maintenance or repair,which if removed affects the exterior appearance of the structure,which reduces the stability or longevity of the structure and impairs its historic or architectural integrity. 8. Demolition by neglect—means any total or partial destruction of or damage to a structure or any portion thereof due to failure to adequately maintain or repair the structure. 9. Exterior appearance—means the design,architectural style,general arrangement,ornament,character and general composition of the exterior of a cultural resource,including but not limited to the kind, color and texture of the building material and type,design,style and character of all windows,doors, light fixtures,signs and appurtenant elements. 10. Historic District—means a geographically definable area designated by the City Council conveying a sense of time and place due to the historic and architectural merits of the area.A historic district may also comprise contributing and noncontributing elements separated geographically but linked by association or history. 11. Integrity—means the authenticity of a cultural resource's historical identity evidenced by its survival of physical characteristics that existed during the property's historic or prehistoric period. 12. Maintenance—means all activities necessary to prolong the useful life and aesthetic appearance of a cultural resource. 11-29 13. Minor work—means small scale repairs and ordinary maintenance to correct problems or damage to the exterior that does not include a change in design,material,or outward appearance of the cultural resource.Examples of minor work include,but are not limited to,touch-up painting,window and door repair,caulking,fastening loose materials and roofing repairs. 14. National Register of Historic Places—means the national list of districts,sites,buildings,structures and objects significant in American history,architecture,archaeology,engineering or culture maintained by the Secretary of the Interior under authority of Title 16 USC,Section 101(a)(1)(A)(National Historic Preservation Act)as amended 15. Object—means a material item of functional,aesthetic,cultural,historical,or scientific value that may be,by nature or design,movable yet related to a specific setting or environment. 16. Preservation—means the identification,evaluation,recordation,documentation,curation,acquisition, protection,management,rehabilitation,restoration,stabilization,maintenance and reconstruction of cultural resources.For the purposes of development of cultural resources,preservation means the act or process of applying measures to sustain the existing form,integrity and material of a building or structure and the existing form and vegetative cover of a site.It may include initial stabilization work, where necessary,as well as ongoing maintenance of the historic building materials. 17. Protection—means the act or process of applying measures designated to affect the physical condition of a cultural resource by defending or guarding it from deterioration,loss,or to cover or shield the cultural resource from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment;in the case of archaeological sites,the protective measure may be temporary or permanent. 18. Reconstruction—means the act or process of reproducing by new construction the exact form and detail of a vanished cultural resource,or part thereof,as it appeared at a specific period of time. 19. Rehabilitation—means the act or process of returning a cultural resource to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the cultural resource which are significant to its historical,architectural and cultural values. 20. Repair—means the replacement of deteriorated materials which are impractical to save,such as broken window glass or severely rotted wood and the reclamation of items worn to the point that they can no longer perform their intended function.Material used for repairs on cultural resources should be as close as possible to the original in composition of materials,in method of fabrication and in manner of erection. 21. Restoration—means the act or process of accurately recovering the form and details of a cultural resource and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work. 22. Secretary of Interior Standards for treatment of historic properties — means the preservation, rehabilitation,restoration and reconstruction standards adopted by the U.S.Department of Interior codified in 36 CFR Part 68,as may be amended from time to time. 23. Site—means the location of a significant event,a prehistoric or historic occupation or activity,or a building or structure,whether standing or vanished,where the location itself maintains historical or archaeological value regardless of the value of any existing structure. 11-30 24. Stabilization—means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated cultural resource while maintaining the essential form as it exists at present. 25. Structure—means a constructed work,usually immovable by nature or design,consciously created to serve some human activity.Examples are buildings of various kinds,monuments,dams,roads,railroad tracks,canals,millraces,bridges,tunnels,locomotives,nautical vessels,stockades,forts and associated earthworks, Indian mounds,ruins, fences, and outdoor sculpture. For purposes of Section 11.05 "structure"is limited to functional constructions other than buildings. Subd.3. Designation of Heritage Preservation Sites. A. Reports. The Council may direct the City staff to prepare studies which catalog buildings,land,areas,historic districts or other objects to be considered for designation as a Heritage Preservation Site. B. Criteria for Eligibility. The Commission shall recommend to the Council that an area,building,historic district, or object be designated a Heritage Preservation Site,when:(i)the quality in American history,architecture, archaeology,engineering,and culture is present in the historic district,site,building,structure or object and(ii) the historic district,site,building structure or object possess integrity of location,design,setting,materials, workmanship,feeling,and association and(iii)the historic district,site,building,structure or object meets one or more of the criteria listed below. 1. It is associated with events that have made a significant contribution to the broad patterns of our history;or 2. It is associated with the lives of persons significant in our past;or 3. It embodies the distinctive characteristics of a type,period,or method of construction,or thatrepresent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;or 4. It has yielded or may be likely to yield,information important in prehistory or history. C. Planning Commission Review. The Commission shall advise the Planning Commission of the proposed designation of a Heritage Preservation Site,including boundaries,and a program for the preservation of a Heritage Preservation Site, and secure the Planning Commission's recommendation with respect to the relationship of the proposed heritage preservation designation to the Comprehensive Plan of the City,and the City Planning Commission's opinion as to the effect of the proposed designation upon the surrounding neighborhood and any other planning consideration which may be relevant to the proposed designation. The Commission may make such modifications,changes,and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation and opinion of the Planning Commission. The Planning Commission shall also give its recommendation of approval,rejection or modification of the proposed designation to the Council. D. Communications with State Historical Society. A copy of the Commission's proposed designation of a Heritage Preservation Site,including boundaries,and a program for the preservation of a Heritage Preservation Site, when received by the City,shall be sent to the State Historical Society in accordance with Minnesota Statutes. E. Findings and Recommendations. The Commission shall make findings as to whether a proposed Heritage Preservation Site is eligible for heritage preservation as determined by the criteria specified in Paragraph B of this subdivision. If the Commission determines the site meets the criteria in Paragraph B,it shall forward its 11-31 findings to the Council with its recommendation that the site be designated for heritage preservation and its proposed program for the preservation of the site. F. Council Designation. The Council shall consider the Commission's recommendation that a site be designated for Heritage Preservation,together with the Planning Commission's recommendations,and may,upon the request of the Commission,by ordinance designate a Heritage Preservation Site. Subd.4.Amendment or Recession of Designation.A Heritage Preservation Site designation may be amended or rescinded following the same process for the original designation. Subd.5.Suffix"HP"For purposes solely of identification,a site designated by ordinance as a Heritage Preservation Site may be identified with the suffix"HP"following its underlying zoning classification and any other overlay zoning. Subd.6.Heritage Site Preservation Plan and Hearings. A. Within such time as is established by the City Council following City Council approval of the Heritage Preservation Site designation,the applicant shall prepare and submit to the Commission for approval a Heritage Site Preservation Plan,which sets forth necessary preservation guidelines,including identification of significant features. B. Hearings. Prior to the Commission recommending to the Council any building,historic district,or object for designation as a Heritage Preservation Site,the Commission shall hold a public hearing on the proposed designation. Prior to such hearing,the Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10)days prior to the date of the hearing,and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty(350)feet of the boundary of the area to be designated a Heritage Preservation Site. Subd.7. Additional Powers and Duties of the Commission. A. The Commission may recommend to the Council after review and comment by the City Planning Commission, that certain property eligible for designation as a Heritage Preservation Site be acquired by gift,negotiation or by eminent domain as provided for in Chapter 117 of the Minnesota Statutes. B. The Commission shall have the powers and duties specified in Chapter 2,Section 2.18 in addition to those otherwise specified in this chapter. Subd.S. Alterations. A. A Certificate of Appropriateness is required to do any of the following to a Heritage Preservation Site: 1. Remodel,alter,or substantially change the exterior appearance of a historic building,site or landmark. 2. Erect a building or any structure. 3. Erect signs. 4. Move from or to any building. 5. Demolish any building in whole or in part. This does not apply to structures to be demolished in accordance with Minnesota Statutes,Chapter 463. 6. Alter or remove a land form in whole or in part. 11-32 The application for a Certificate of Appropriateness shall be accompanied by detailed plans including a site plan,building elevations and design details,and materials necessary to evaluate the request. The Council shall make the determination whether to approve or disapprove the permit. B. Commission recommendation. The Commission shall review each application and make its recommendation to the Council relative to the request for a Certificate of Appropriateness. The Commission shall also review and make recommendations to the Council concerning City sponsored construction projects or development projects aided by the City that could change the nature or appearance of a Heritage Preservation Site. C. Criteria for Certificate of Appropriateness. All recommendations by the Commission and decisions by the Council to approve, disapprove, and/or impose conditions on a Certificate of Appropriateness shall be in accordance with the program approved by the Council and the State Historical Society for each Heritage Preservation Site. The following General Standards for Historic Preservation Projects issued by the Secretary of the Interior shall be used to evaluate applications of Certificate of Appropriateness: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building,structure,or site and its environment,or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building,structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive features should be avoided when possible. 3. All buildings,structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which have taken place in the course of time are evidence of the history and development of a building,structure or site and its environment. These changes may have acquired significance in their own right,and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure,or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced,whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition,design,color,texture,and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features,substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by,or adjacent to,any acquisition,stabilization,preservation,rehabilitation,restoration or reconstruction project. 9. The Commission and the Council shall also consider,when appropriate,the Secretary of the Interior's Specific Standards for Preservation Projects. D. Criteria for Certificate of Appropriateness for Demolition of Historic Preservation Site.In addition to the criteria listed in Subd.7.C,the following criteria shall also apply to an application for demolition of a Heritage Preservation Site.A Certificate of Appropriateness for the demolition or partial demolition of a historic resource 11-33 shall not be granted without the review and approval of a completed application.The review shall consider the following: 1. The public's interest in the preservation of the cultural resource. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a Heritage Preservation Site. 3. The age of the cultural resource,its significant features,unusual or uncommon design,texture,and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. 4. The ability of the cultural resource to help preserve and protect a historic place or prehistoric site or area of historic interest in the City. 5. The ability of the historic resource to promote the general welfare of the City by: a. encouraging the study of American history,architecture and design; b. by developing an understanding of the importance and value of the American culture and heritage; and c. by making the City a more attractive and desirable place in which to live. 6. The cost and economic feasibility of restoring the cultural resource. E. No owner or any other person shall demolish or undertake to demolish a Heritage Preservation Site without a Certificate of Appropriateness. F. Findings. The Council shall make findings as to whether a Certificate of Appropriateness application should be approved or disapproved,or conditions imposed,as determined by the criteria specified in Paragraphs C and D of this subdivision. G. Hearings. Prior to the Council malting its decision regarding an application for a Certificate of Appropriateness for a Heritage Preservation Site,the Council shall hold a public hearing on the application. Prior to such hearing the Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10)days prior to the date of the hearing,and notice of the hearing shall be sent to all owners of the property for which a Heritage Preservation Site Certificate of Appropriateness application has been submitted and to all property owners within three hundred fifty(350)feet of such property. H. Limitations. If within sixty (60) days from the filing of a completed application for a Certificate of Appropriateness for site alteration the Commission has not made a recommendation of approval or disapproval to the Council,the application shall be forwarded to the Council for approval or disapproval of the permit without the Commission's recommendation. Subd.9.Minor Work. A. Nothing in this section shall be construed to prevent minor work.Minor work does not require a Certificate of Appropriateness.The criteria set forth in Subdivision 8 C shall be followed to the extent practicable. B. Minor work should replace like-with-like,using the same materials and the same construction methods as originally used. 11-34 Subd. 10.Archaeological Resources and Traditional Cultural Properties. Special Consideration. The City's archaeological resources are part of its heritage and community fabric.These resources are important to the City's past and are irreplaceable and need to be protected from deterioration and site damage.Though considered historic resources under this ordinance,the City acknowledges that archaeological resources have distinct differences. The City shall maintain an inventory of known archaeology sites and potentially sensitive areas. Subd.11.Demolition A. Except as otherwise provided in this Section,the Building Official shall not issue a permit to demolish a designated Heritage Preservation Site until after a Certificate of Appropriateness is issued.No owner or any other person shall demolish or undertake to demolish a designated Heritage Preservation Site or an element within a designated Heritage Preservation Site without a Certificate of Appropriateness. B. No owner or person with an interest in real property designated as a Heritage Preservation Site shall allow property to fall into a serious state of disrepair without obtaining a Certificate of Appropriateness. Examples of such deterioration include,but are not limited to,the following: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roofs or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration,crumbling or spalling of exterior stucco,masonry or mortar. 5. Lack of waterproofing of exterior walls,roofs,or foundations;including broken windows or doors that prove ineffective. 6. Deterioration of any feature so as to create a hazardous condition that requires the demolition of the Property for public safety purposes. 7. Deterioration of ornamental features. Subd.12.Enforcement. If inspection finds that the work is not in compliance with the Certificate of Appropriateness the City may suspend the Certificate of Appropriateness and issue a"Stop Work Order". No further work shall be undertaken on the project as long as a"Stop Work Order"is in effect except for work necessary to remedy the cause of the suspension. Subd.13.Emergency Repair. In emergency situations where immediate temporary repair is needed to protect the safety of the structure and its inhabitants, the Building Department, may approve the temporary repair without prior Commission or Council action. Subd.14.Repository for Documents. The office of the City Clerk is designated as the repository for at least one copy of all studies,reports,recommendations and programs required under this Section 11.05. Subd.15.Recording of Heritage Preservation Sites. The office of the City Clerk shall record the designation of buildings,lands or areas as Heritage Preservation Sites with the Hennepin County Recorder or the Hennepin County Registrar of Titles, unless the County Recorder or Registrar of Titles refuses to record such designation,and shall transmit a copy of the recording document to the Building Department. SECTION 11.06. TOWERS AND ANTENNAS. Source Ordinance No.27-97 11-35 Effective Date:6-13-97 Subd.1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health,safety,and general welfare of the community,the Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunications services to the residents and businesses of the City; B. Minimize adverse visual effects of towers through careful design and siting standards; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements;and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd.2. Prohibition. No tower,antenna or telecommunications mechanical equipment shall be erected,constructed, maintained,altered or used unless in compliance with this section. Source: Ordinance No.3-2014 Effective Date: 2-27-2014 Subd.3. Towers in Rural and Residential Zoning Districts. Towers shall be allowed in the Rural and Residential Zoning Districts only as follows: A. Towers for amateur radio communication and conforming to all applicable provisions of this Code shall be allowed only in the rear and side yards of rural and residential zoned lots. B. Towers for Commercial Wireless Telecommunications Services and conforming to all applicable provisions of this Code shall be allowed only in the following residentially-zoned locations: 1. Parks,when compatible with the nature of the park; 2. Schools;and 3. Public streets and rights-of-way when attached to,or part of a public utility structure. Subd.4. Height. A. The height of a tower shall be determined by measuring the vertical distance from the point of contact with the ground of the tower or the structure to which it is attached(if attached)to the highest point of the tower, including all antennas and other attachments. B. In all zoning districts the maximum height of a tower,except those which are public utility structures located within a Public Street or right-of-way,shall not exceed one foot for each four feet the tower is set back from a Rural or Residential Zoning District up to a maximum height of 150 feet. C. No antenna shall extend more than 20 feet above the highest point of a public utility structure. Subd.5. Setbacks and Location. Towers shall conform with each of the following minimum requirements: A. Towers,except those which are public utility structures,located within a Public Street or right-of-way,shall meet the setbacks of the underlying zoning district,except industrial zoning districts where towers may encroach into the rear setback area,provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. 11-36 B. Towers,except those which are public utility structures,located within a Public Street or right-of-way shall not be located between a principal structure and a public street,with the following exceptions: 1. In industrial zoning districts,towers may be placed within a side yard abutting an internal street. 2. On sites adjacent to public streets on all sides,towers may be placed within a side yard abutting a street. C. Towers which are public utility structures located in a Public Street or right-of-way need not be set back from a street or right-of-way line. D. A tower's setback may be reduced or its location in relation to a public street varied,at the sole discretion of the City Council,to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard,power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the exiting or proposed structure and extends no more than 20 feet above the highest point of the existing or proposed structure. Subd.6. Exceptions. The provisions of Subds.4 and 5 shall not apply to the following: 1. Water towers and poles supporting emergency warning devices to which are attached antennas. 2. Place of Worship sanctuaries,steeples and bell towers to which are attached antennas. 3. In accordance with the preemption ruling PRB 1 of the Federal Communications Commission,towers for amateur radio communication that comply with other provisions of City Code Chapter 11 relating to towers. Subd.7. Co-Location Requirements. All commercial wireless telecommunication towers erected,constructed,or located within the City shall comply with the following requirements: A. A proposal for a new commercial wireless telecommunication services tower shall not be approved unless the City Manager or his designee finds that the telecommunications equipment intended to be attached to the proposed tower cannot be accommodated on an existing or approved tower,public utility structure,or building within one mile(one-half mile for towers under 120 feet in height,one quarter mile for towers under 80 feet in height)of the proposed tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approvedtower,public utility structure or building,as documented at applicant's expense by a qualified registered professional engineer,and if owned by applicant the existing or approved tower,public utility structure or building, cannot be reinforced,modified,or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of the existing or planned equipment at the tower,public utility structure or building as documented at applicant's expense by a qualified registered professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers,public utility structures and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented at applicant's expense by a qualified registered professional engineer. 11-37 4. Other reasons(including but not limited to economic considerations)that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower,public utility structure or building. Subd. S. Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements: A. Towers and antennas shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color and camouflaging architectural treatment,except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. B. Commercial wireless telecommunication service towers,except those which are public utility structures,shall be of a monopole design unless the City Manager or his designee determines that an alternative design would better blend in to the surrounding environment. C. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower and then only at such time or times required. Strobe lights shall not be permitted during the hours between sundown and sunrise. When incorporated into the approved design of the tower,light fixtures used to illuminate ball fields,parking lots,or similar areas may be attached to the tower. D. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances. E. No antenna or tower shall have affixed or attached to it in any way,except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission,nor shall any tower have constructed thereon,or attached thereto,in any way,any platform,catwalk,crow's nest,or like structure,except during periods of construction or repair. F. The face of an antenna having one face shall not exceed 30 square feet. No face of an antenna having more than one face shall exceed 24 square feet per face. Subd.9. Telecommunications Mechanical Equipment in a Public Right of Way. Telecommunications mechanical equipment located in a public right of way must meet the following requirements: A. Location and Setbacks.Telecommunications mechanical equipment shall be located on the ground beside or adjacent to a tower for Commercial Wireless Telecommunications Services and shall meet the following minimum setback requirements: 1. 10 feet from the existing or planned edge of the pavement; 2. 3 feet from a sidewalk or trail; 3. 50 feet from the nearest intersection right-of-way line;and 4. 50 feet from the nearest principal residential structure. B. Screening.Telecommunications mechanical equipment located in a public right of way and possessing one or more of the following characteristics shall be physically screened from all public roads and adjacent differing land uses within a utility cabinet: 1. Irregular in size and shape; 11-38 2. Exposed and/or protruding fans,grills,pipes,tubes,wires,or vents; 3. Unfinished metal covering,exposed rivets,or exposed seams. Screening shall be required at the time of initial installation or at the time of antenna equipment upgrade. C. Permit. Telecommunications mechanical equipment located in a public right of way must receive a right- of-way permit from the appropriate road authority. Source: Ordinance No.3-2014 Effective Date: 2-27-2014 Subd. 10. Interference with Public Safety Telecommunications. No new or existing commercial wireless telecommunications services shall interfere with public safety wireless telecommunications. Subd.11. Required Approval. Except when review and approval is required pursuant to City Code Section 11.03, Subd.6.B a tower may not be constructed or increased in size or capacity without the approval of the City Manager or his designee. In the event an application for a tower is disapproved by the City Manager or his designee,the City Manager or his designee shall state the decision,together with the reasons therefor in writing. A notice of,and the written decision shall be given to the applicant by mail at the address stated in the application or such other address as applicant directs by written request to City prior to the giving of such notice. Within thirty(30)days applicant may appeal the decision of the City Manager or his designee to the City's Board of Adjustments and Appeals in accordance with City Code Section 2.11. Subd.12. Application. An applicant for a permit for the construction of a tower shall make a written application to the City. The application shall include,but not be limited to the following: 1. Name,address,telephone and fax numbers of applicant. 2. Location of proposed tower,including the legal description. 3. The locations of all existing towers within one mile of the location of the proposed tower,together with the distances between the existing towers and the proposed tower. 4. Description of the tower,including its height,size of base,configuration,design,number of antennas to be attached to the tower,potential for additional antennas,color and camouflage treatment and lighting,if any,and materials out of which the tower will be constructed. 5. A certificate by a qualified registered professional engineer in such form as approved by the City Manager or his designee that the applicant's commercial wireless telecommunications services equipment cannot be accommodated on an existing tower in accordance with Subd.7.A.hereof and a certificate by a qualified registered professional engineer selected or approved by the City Manager or his designee that the commercial wireless telecommunications services to be accommodated on the proposed tower or increase in size or capacity of an existing tower will not interfere with public safety wireless telecommunications. 6. The application shall be accompanied by payment of such fees as provided by City Council resolution. Fees shall include reimbursement to City of its costs,including those incurred for consulting and technical advice relating to the proposed tower. (Sections 11.07 through 11.09,inclusive,reserved for future expansion.) SECTION 11.10. R-RURAL DISTRICT. 11-39 Subd.1. Purposes. The purposes of the R-Rural District are to:(1)Prevent premature urban development of certain lands which eventually will be appropriate for urban uses,until the installation of drainage works streets,utilities,and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible;(2)Permit the conduct of certain agricultural pursuits on land in the City;(3)Ensure adequate light,air,and privacy for each dwelling unit,and to provide adequate separation between dwellings and facilities for housing animals. Subd.2. Permitted Uses. A. Agriculture,accessory and related uses. B. Public Infrastructure. Source: City Code Effective Date: 9-17-82 C. Single family detached dwellings and accessory structures on parcels of not less than 10 acres. D. Single family detached dwellings and accessory structures on parcels of five or more acres,as of July 6,1982. Source: Ordinance No.1-90 Effective Date: 2-1-90 E. Commercial stables. Source: Ordinance No.34-83 Effective Date: 8-26-83 F. Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06. Source:Ordinance No.2-2007 Effective Date: 1-23-07 Ordinance No.27-97 Effective Date:6-13-97 SECTION 11.11. R-1 ONE FAMILY RESIDENTIAL DISTRICTS. Subd.1. Purposes. The purposes of the R-1 One Family Residential Districts are to(1)R1-44,reserve appropriately located areas for single family living on large lots where vegetation,slopes,water bodies or other significant natural features are best preserved through large lot development;(2)R1-22,R1-13.5,R1-9.5,reserve appropriately located areas for single family living at reasonable population densities consistent with sound standards of public health;(3) Ensure adequate light,air,privacy and open space for each dwelling; (4)minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; and,(5)Protect residential properties from noise,illumination,unsightliness,odors,dust,dirt,smoke,vibration,heat, glare,and other objectionable influences. Subd.2. Permitted Uses. A. R1-44. Single family,detached dwellings,and accessory structures with sanitary sewer and water service, except sanitary sewer and water service shall not be required with respect to those lands which were situated within an R1-22 District on July 1,1982. B. R1-22. Single family,detached dwellings,and accessory structures with sanitary sewer and water service, except sanitary sewer and water service shall not be required with respect to those lands which were situated within the R1-22 District on July 1,1982. 11-40 C. R1-13.5. Single family,detached dwellings and accessory structures with sanitary sewer and water service. D. R1-9.5. Single family,detached dwellings and accessory structures with sanitary sewer and water service. E. Public Infrastructure. F. Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06. Source:Ordinance No.27-97 Effective Date:6-13-97 (Sections 11.12 through 11.14,inclusive,reserved for future expansion.) SECTION 11.15. RM MULTI-FAMILY RESIDENTIAL DISTRICT. Subd.1. Purposes. The purposes of the RM Multi-Family Residential District are to: (1)Reserve approximately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety;(2)Preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities;(3)Ensure adequate light,air,privacy,and open space for each dwelling unit;(4)Provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment;(5)Minimize traffic congestion and avoid the over- loading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;(6) Provide necessary space for off-street loading of trucks;and,(7)Protect residential properties from noise,illumination, unsightliness,odors,dust,dirt,smoke,vibration,heat,glare,and other objectionable influences. Subd.2. Permitted Uses. A. RM-6.5. Attached dwelling units and accessory structures by platting or Planned Development. B. RM-2.5. Attached dwelling units and accessory structures by platting or Planned Development. C. Public Infrastructure. D. Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06. Source:Ordinance No.27-97 Effective Date:6-13-97 Subd.3. Required Conditions. Public sanitary sewer services must be provided to all occupied multiple units. (Sections 11.16 through 11.19,inclusive,reserved for future expansion.) SECTION 11.20. OFC-OFFICE DISTRICT. Subd.1. Purposes. The purpose of the OFC Office District are to: (1)Provide opportunities for offices of a semi- commercial character to locate outside of commercial districts;(2)Establish and maintain in portions of the City the high standards of site planning,architecture,and landscape design sought by many business and professional offices;(3) Provide adequate space to meet the needs of modern offices,including off-street parking of automobiles and,where appropriate,off-street loading of trucks;(4)Provide space for semi-public facilities and institutions appropriately may be located in office districts; (5)Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;and,(6)Protect offices from the 11-41 noise,disturbance,traffic hazards,safety hazards,and other objectionable influences incidental to certain commercial uses. Subd.2. Permitted Uses. A. Business and professional offices and accessory uses. Source: City Code Effective Date: 9-17-82 B. Supporting commercial sales and services to office users within large office structures of 100,000 square feet or more. The Commercial use is not to exceed fifteen percent,(15%),of the gross Floor Area Ratio. Source: Ordinance No.9-87 Effective Date: 5-7-87 C. Public Infrastructure. D. Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06. Source:Ordinance No.27-97 Effective Date:6-13-97 Subd.3. Required Conditions. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable,approved sanitary sewer service must be provided to all occupied structures. C. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. Subd.4. Medical Cannabis. Source:Ordinance No.5-2015 Effective Date:5-14-2015 A. Findings and Purpose. The Minnesota Legislature in Minn.Star.§152.22 through§152.37 has legalized the distribution of medical cannabis with significant restrictions. The Council finds that it is appropriate to identify in the City Code the zoning districts in which a medical cannabis distribution facility is an allowable use.The Council finds that as a unique and highly regulated use medical cannabis distribution requires specific regulations. B. Definitions. All definitions set forth in Minn.Star.152.22 through 152.37 and Minn.Rules Chap.4770,as each may be amended from time to time apply to this Subdivision. In addition,as used in this Subdivision,the following term shall have the meaning stated: 1. Medical Cannabis Distribution Facility("Facility")is a"Distribution Facility"as defined by Minn. Rule 4770.0200,Subp.13 as in effect as of May 30,2014. C. Permitted Use.Medical Cannabis Distribution Facility is a permitted use in the OFC Office District subject to the restrictions contained in this Subdivision. D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with all of the following performance standards. 11-42 1. Distribution shall be permitted only for the Qualifying Medical Conditions defined in Minn.Stat. 152.22,Subd.14 in effect as of May 30,2014. 2. The use shall comply with all provisions in Minn.Stat.152.22 through 152.37 and Minn.Rules Chap. 4770 as each may be amended from time to time,including but not limited to the following: a) Security requirements set forth in Minn.Stat. 152.29,Subd. 1 (d)and Minn.Rules Chap 4770.0700,4770.0900,4770.1000 and 4770.1400. b) Prohibition against sharing space or a financial relationship with a health care practitioner set forth in Minn.Stat.152.29,Subd.1 (e). c) Prohibition against consumption of medical cannabis on the property set forth in Minn.Stat. 152.29,Subd.2(f). d) Inspections imposed pursuant to Minn.Stat.152.29,Subd.2(g). e) Personnel regulations,including prohibition against employing any person under the age of 21 and required background checks,set forth in Minn.Stat.152.29,Subd.2(i). f) Prohibition against operation within 1000 feet of a school set forth in Minn.Stat. 152.29, Subd.2 0)and Minn.Rule 4770.0600. g) Licensing requirements set forth in Minn.Stat.152.29,Subd.3. h) Prohibition against any displays of merchandise,interior signs,or other exhibits which are visible from outside of the Facility set forth in Minn.Rule 4770.0800,Subp 3. 3. No manufacture or production of Medical Cannabis shall be permitted at the Facility. 4. No drive-thru shall be permitted at the Facility. 5. In lieu of the"Off-Street Parking Facilities"provisions set forth in City Code Section 11.03,Subd.3 H.,off street parking facilities located at the Facility shall provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area. 6. Annually,within 15 days of receipt,a copy of the registration required by Minn.Stat.152.25,Subd.1 shall be provided to the Chief of Police. (Section 11.21 through 11.24,inclusive,reserved for future expansion.) SECTION 11.25. C-COMMERCIAL DISTRICTS. Subd.1. Purposes. The purposes of the C-Commercial District are to:(1)Provide appropriately located areas for retail stores,offices,service establishments,and amusement establishments;(2)Provide opportunities for retail stores,offices, service establishments,and amusement establishments,to concentrate for the convenience of the public and in mutually beneficial relationship to each other;(3)Provide space for community facilities and institutions that appropriately may be located in commercial areas;(4)Provide adequate space to meet the needs of modern commercial development,including off-street parking and truck loading areas; (5)Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;and,(6)Protect commercial properties from noise,odor,dust,dirt,smoke,vibration,heat,glare,traffic,fire,explosion,noxious fumes, and other hazards. A. Special Purposes of N-Com Neighborhood Commercial District. 1. To provide appropriately located areas for retail stores,offices,and personal service establishments patronized by residents of the immediate neighborhood area. 11-43 Source: City Code Effective Date: 9-17-82 2. To permit development of neighborhood shops and related office uses,which can be accommodated in less than 50,000 square feet of retail area,and are in the appropriate locations shown on the Guide Plan,according to standards that minimize adverse impact on adjoining residential uses. Source: Ordinance No.9-87 Effective Date: 5-6-87 B. Special Purposes of C-Com Community Commercial District. 1. To provide appropriately located areas for retail stores,offices,and personal service establishments patronized primarily by residents of the immediate community area. Source: City Code Effective Date: 9-17-82 2. To permit development of community shopping centers and related office uses, which can be accommodated in less than 200,000 square feet of retail area,and are in the appropriate locations shown on the Guide Plan according to standards that minimize adverse impact on adjoining residential use. Source: Ordinance No.9-87 Effective Date: 5-7-87 C. Special Purposes of C-Reg Regional Commercial District. 1. To provide a large site at an appropriate location for a major shopping center which serves a wider region than the City itself consistent with the intent of the Metropolitan Guide Plan. 2. To ensure that a major center will be developed in accord with high standards of site planning, architecture,and landscape design. 3. To minimize the adverse effect of major commercial facilities on nearby dwellings. Subd.2. Permitted Uses. A. All direct retail sales to users of goods and services conducted within structures and accessory uses,except: 1. C-REG-SER uses are limited to sales and service operations which require relatively large sites,attract little or no pedestrian traffic and are not typically found in shopping center structures. 2. C-HWY uses are limited to sales and service operations directly related to highway or freeway uses, tourists,and travelers. B. Related or supporting office and distribution uses. C. Public Infrastructure. D. Residential uses if provided for within a PUD,within commercial buildings in the N-Com and C-Com Districts. Source:City Code Effective Date:9-17-82 11-44 E. Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06. Source:Ordinance No.27-97 Effective Date:6-13-97 Subd.3. Required Conditions. A. Acceptable,approved sanitary sewer service must be provided to all occupied structures and uses. B. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. (Section 11.26 reserved for future expansion.) SECTION 11.27.TC TOWN CENTER DISTRICT. Subd.1.Purposes. The intent of the Town Center(TC)zoning district is to provide an area for development of an attractive,compact,walkable,mixed-use town center that creates a live/work/play environment for the community. To support the intent of the Town Center,the purposes of the TC zoning district are to: A. Provide a mix of higher density regional uses,vertical mixed uses,more housing within walking distance of services,and a more efficient,compact and connected development pattern; B. Incorporate connections between the various land uses;including pedestrian,street and visual; C. Incorporate civic amenities such as urban parks and plazas,civic and cultural spaces,sidewalks and trails,and landscaped streetscapes; D. Promote land-efficient parking design,including structured parking,on-street parking,and shared parking; E. Locate and design buildings that are oriented to public spaces,including streets,sidewalks,plazas and open spaces,to create the feel and function of a traditional town center and to emphasize a pedestrian oriented environment;and F. Encourage non-automobile access and circulation,including transit,walking and biking. The standards applicable to the TC zoning district are intended to implement the vision,goals and principles established in the Eden Prairie Major Center Area Framework Plan and Major Center Area Planning Principles and the Town Center Design Guidelines,which will be carried out through specific standards related to land use mix,site planning,building bulk&dimensions,architecture,building materials,transportation access,parking,landscaping,signage and lighting. Subd.2.Definitions. The following terms,as used in this Section,shall have the following meanings: A. `Building Break"—A recess in the building fagade that provides fagade articulation,creates the impression that one building is two or more buildings,incorporates a unique building element,and improves the building's overall composition and aesthetic.Minimum requirements for a building break are a depth of two(2)feet and a width of four(4)feet. B. `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. C. `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. 11-45 D. `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. E. "Community Commercial"—Medium-scale retail stores and personal services primarily serving the residents and employees of the community.No individual building or tenant space shall exceed 60,000 sq.ft.in area. F. "Drive-Through 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-through facilities include,but are not limited to,drive-up windows,menu boards,order boards or boxes,drive-in restaurants and drive-up banks. G. "Joint Use Parking"-A parking facility shared by two or more uses,or a parking facility that is shared by one or more uses and a unit of general purpose government or a public agency. H. "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. I- "Neighborhood Commercial" —Small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services that contribute to the uniqueness and vibrancy of Town Center and may attract a larger trade area.No individual tenant space shall exceed 10,000 sq.ft.in area with the exception of grocery stores,which shall not exceed 25,000 sq.ft.in area.Drive-through facilities are prohibited as a neighborhood commercial use. J. "Usable Outdoor Open Space"—Planned and improved outdoor facilities and open spaces that provide active or passive recreational,relaxation or gathering opportunities,including,but not limited to,any one or more of the following:parks;plazas;play areas;maintained and landscaped lawn with trees and seating areas;natural or landscaped walking paths and running trails;pedestrian spaces;publicly accessible natural or wildlife viewing areas;gardens;ponds and water features;and other similar environments.Usable outdoor open space shall not include: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 resident access during normal business hours for the area. No areas of usable open space shall contain less than 2,000 contiguous square feet. Usable open space in Mixed Use and Commercial sub-districts should be located near primary building entrances and be accessible by the public from a public sidewalk or streetscape area at least during normal business hours of the surrounding area. Subd.3.Sub-Districts. The TC zoning district is divided into three(3)sub-districts: A. Town Center Mixed Use (TC-MU): Town Center Mixed-use requires higher intensity vertical mixed-use buildings with ground floor retail shops,services and restaurants that front onto Town Center's"Main Streets" and are pedestrian-oriented.In order to support a live/work/play environment,the upper floors shall be primarily residential uses,both rental and ownership housing,with a minimal amount of office uses allowed. B. Town Center Residential(TC-R):Town Center Residential allows a mix of stacked housing types including high density high-rise residential and high density mid-rise residential.These higher density housing types,both rental and ownership,shall be designed to optimize the district's walkable access to retail,services,restaurants, parks and trails,transit and community facilities.High rise buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. C. Town Center Commercial(TC-C):Town Center Commercial allows a mix of lower intensity commercial uses including community retail,services,restaurants,entertainment,office,and hospitality/lodging.Site layout, building design and parking strategies shall support the compact and pedestrian-oriented character of the district. 11-46 Subd.4.Design Guidelines. All new development,redevelopment and subdivisions within the Town Center district shall be in substantial conformance with the Town Center Design Guidelines.Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process for conformance with the City Codes and the Design Guidelines. Subd.5.Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning district. Table 1:Permitted Uses in Town Center District(Permitted=P,Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics A' P Hotels P Residential High-rise multiple-family attached dwelling units with P minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling units with P minimum gross density of 40 units per acre Mixed-Use Mid-rise multiple-family attached dwelling units w/ P round floor retail/restaurant/services Multi-story office w/ground floor P retail/restaurant/services2 Public Public Infrastructure P P Libraries P P Parks P P P Transit facilities P P 'Business and professional offices and clinics shall be located in mixed-use building,shall not be located on the ground floor and shall not occupy more than 25%of upper floors'gross square footage. 2 Ground floor uses with street frontage shall be 100%retail,restaurant and/or services. Subd.6.Permitted Building Types. The following building types are established as the only types of new buildings allowed within the TC district. A. Building Type A,Vertical Mixed-Use Residential/Commercial.Type A buildings shall have retail,restaurant and/or service uses on the ground floor with residential on the upper floors.Parking may be included below o above the ground floor. B. Building Type B,Vertical Mixed-Use Office/Commercial. C. Building Type C,High-Rise Residential. D. Building Type D,Mid-Rise Residential. E. Building Type E,Entertainment/Restaurant/Services.Type E buildings may include entertainment,restaurant and/or services uses F. Building Type F,Hospitality/Lodging. 11-47 G. Building Type G,Community Retail. H. Building Type H,Parking Structure. Table 2 establishes where the permitted building types can be located within the Town Center district. Table 2:Permitted Buil ing Types in Town Center District Building Type TC-MU TC-R TC-C Type A P Type B P Type C P Type D P Type E P Type F P FypeG P Type H P P P Subd.7.Required Conditions. A. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. B. All zoning requests must include a trip generation analysis that indicates the traffic impacts on the overall Major Center Area(MCA)and demonstrates that the proposed development is not in conflict with the MCA traffic model. C. Acceptable,approved sanitary sewer and water services must be provided to all occupied structures. Subd.S.Building Bulk&Dimension Standards. Table 3 establishes specific bulk and dimension standards for new buildings in the Town Center District. Table 3:Building Bulk&Dimension Standards for Town Center District Standard TC-MU TC-R TC-C Lot Size None None None Lot Width 50 It min 50 It min 50 It min Lot Depth 100 It min 100 It min 100 It min Front Yard Setback(ft) 0 min 10 max 10 min 20 max 0 min 15 max Side Yard Setback(ft) 0 min 10 min 5 min Rear Yard Setback(ft) 0 min 20 min 10 min Building Height' 4 min 6 max 4 min 10 max 1 min 3 max2 (#of floors) Building Footprint 50%min 75%max 40%min 60%max 30%min 50%max Coverage Floor Area Ratio(FAR)' 2.25 max 2.25 max 0.5 max2 Building Street Frontage 75%min 60%min 50%min Impervious Surface 90%max 75%max 75%max Coverage Ground Floor Height 12 It min None 12 It min Street Fagade Building 8 It min 8 It min N/A Ste back (above 4 floors) (above 6 floors) Street Fa ade Building 20%min 15%min 15%min 11-48 Breaks3 Street Level Frontage 60%min 20%min 40%min Transparency Usable Open Space 5% 10% N/A Parking structures shall not be included in calculation of#of Floors,FAR and Building Footprint Coverage. 2 Maximum building height and maximum FAR may be exceeded for permitted hotel,lodging and entertainment uses,when the peak period trips generated is in compliance with the MCA traffic model. 3 Buildings exceeding 40 feet in width along a street are required to incorporate building breaks in the street fagade that break the building into smaller facades,which may be a maximum of 40 feet in width. Subd.9.Non-Residential Building Orientation to Street and Pedestrian Areas. All new mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-oriented design features along streets and pedestrian areas. These design features include,but are not limited to,the use of multiple storefronts or businesses,multiple entrances into large single-tenant buildings,and design treatments of facades,entrances,windows,and other similar features.Buildings and developments shall comply with the following standards for building orientation: A. All new buildings shall have primary entrance doors facing a public sidewalk or public open space and spaced no more than sixty(60)feet apart.A primary entrance is defined as a principal entrance through which people enter the building. A building or individual business may have more than one primary entrance. Building entrances may include doors to individual businesses,lobby entrances,entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of stores.Primary entrances shall be open to the public during all business hours. B. Primary building entrances shall be architecturally emphasized and visible from the street.Primary building entrances shall be clearly defined and highly visible utilizing design features such as awnings,canopies,pillars, unique building materials and/or architectural details. C. A minimum percentage of a mixed-use and commercial building's street-facing ground level fagade between two(2)feet and eight(8)feet in height shall be comprised of clear windows,as specified in the Street Level Frontage Transparency standard in Table 3 above,in order to allow views of indoor non-residential space or product display areas. Required windows shall have a sill no higher than four(4)feet above the adjacent sidewalk. Subd.10.Provision of Off-Street Parking Facilities. A. Due to the more urban pedestrian oriented character of the Town Center area,the location and quantity of off- street parking spaces will be reviewed on a case-by-case basis as part of the development review process.In general,the intent is for developments to provide a reduced number of off-street parking spaces to account for availability of joint and shared-use parking, parking efficiencies resulting from a compact mixed-use development pattern,on-street parking,transit,walking and bicycling.Off-street parking facilities shall be provided as established in Table 4 or as determined through the development review process,recognizing the potential for district,shared and public parking.Table 4 establishes minimum and maximum off-street parking standards for uses within the Town Center district. Table 4:Off-Street Parking Space Standards for Town Center District Use TC-MU TC-R TC-C (#of spaces) (#of spaces) (#of s aces) Minimum Maximum Minimum Maximum Minimum Maximum Multiple- 1/d.u. 1/bedroom 1/d.u. 1.25/ N/A N/A Family bedroom Residential Retail Stores 3/1,000 sq 511,000 N/A N/A 4/1,000 6/1,000 11-49 &Services It sq It sq It sq It Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1/2 seats Office 3/1,000 sq 4/1,000 N/A N/A 4/1,000 sf 511,000 It sq It sq It Hotel N/A N/A N/A N/A 1/guest room +1/em to ee Others As determined by site plan review. B. On-site parking is prohibited in the front yard directly in front of a building,except for frontage along Highway 212. Parking shall be provided to the rear or side of buildings. C. All parking in the TC-MU sub-district shall be in a parking structure or on the street. D. All off-street parking for residents in the TC-R sub-district shall be provided in an enclosed building or structure. E. Off-street surface parking for visitors in the TC-R sub-district may be provided up to a maximum of one space per five dwellings. Subd.11.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Subd.12.Landscaping. A. All sites and buildings within the TC 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 TC district in lieu of said Item 4.(a): 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 one(3)caliper inches of trees shall provided for every 500 square feet of on-site pervious surface area or portion thereof. B. Landscaping shall be in substantial conformance with the Town Center Design Guidelines. Due to the urban character of the Town Center District,less landscape space will be available than in other zoning districts. Therefore a higher level of design detail and level of landscaping is required for the concentrated open space, pervious surface areas,plazas,planters,screening areas and streetscape areas. Rooftop gardens and green roofs are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Subd.13.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70 and shall be in substantial conformance with the Town Center Design Guidelines. Subd.14.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03 Subd 4(E) and shall be in substantial conformance with the Town Center Design Guidelines. Subd.15.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 City Code and shall be in substantial conformance with the Town Center Design Guidelines. 11-50 Source: Ordinance No.28-2007 Effective Date: 12-27-2007 SECTION 11.28. AIRPORT C—COMMERCIAL DISTRICT Subd.1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District(A-C)are to:(1) Provide appropriately located areas for retail stores,offices,service establishments,restaurants,business and professional offices and accessory uses,gasoline/convenience stores and amusement establishments;(2)Provide opportunities for retail stores,offices,service establishments,and amusement establishments,to concentrate for the convenience of the public and in mutually beneficial relationship to each other;(3)Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development,including off-street parking and truck loading areas;(5)Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;and,(6)Protect commercial properties from noise,odor,dust,dirt,smoke,vibration,heat,glare,traffic, fire,explosion,noxious fumes,and other hazards. Subd.2. Permitted Uses in Airport—Commercial District. A. All direct retail sales to users of goods and services conducted within structures and accessory uses,including related or supporting office and distribution uses. B. Public Infrastructure. Subd.3. Required Conditions for Airport Commercial. A. Acceptable,approved sanitary sewer service must be provided to all occupied structures and uses. Subd.4.Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd.5. Restrictions. In addition to the requirements set forth in this Section,construction of any building or structure situated within Airport—Commercial shall comply with all federal and state statutes,regulations,rules,laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Source: Ordinance No.3-2013 Effective Date: 1-17-2013 SECTION 11.29. AIRPORT—OFFICE DISTRICT. Subd.1. Purposes of Airport-Office. The purposes of the Airport-Office District(A-OFC)are to: (1)Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2)Establish and maintain in portions of the City the high standards of site planning,architecture,and landscape design sought by many business and professional offices;(3)Provide adequate space to meet the needs of modern offices,including off-street parking of automobiles and,where appropriate,off-street loading of trucks;(4)Provide space for semi-public facilities and institutions appropriately may be located in office districts;(5)Minimize traffic congestion and avoid the over- loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance,traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. 11-51 Subd.2. Permitted Uses in Airport—Office District. A. Business and professional offices and accessory uses. B. Supporting commercial sales and services to office users within large office structures of 30,000 square feet or more. The Commercial use is not to exceed fifteen percent,(15%),of the gross Floor Area Ratio. C. Public Infrastructure. Subd.3. Required Conditions of Airport-Office. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable,approved sanitary sewer service must be provided to all occupied structures. Subd.4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd.5. Restrictions. In addition to the requirements set forth in this Section,construction of any building or structure situated within Airport—Commercial or Airport-Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Source: Ordinance No.3-2013 Effective Date: 1-17-2013 SECTION 11.30. I-INDUSTRIAL DISTRICTS. Subd.1. Purposes.The purposes of the I-Industrial District are to:(1)Reserve appropriately located area for industrial and related activities;(2)Protect areas appropriate for industrial use from intrusion by inharmonious uses;(3)Protect residential and commercial properties and protect nuisance-free,non-hazardous,industrial uses from noise,odor,insect nuisance,dust,dirt,smoke,vibration,heat and cold,glare,truck and rail traffic,and other objectionable influences,and from fire, explosion, noxious fumes,radiation, and other hazards incidental to certain industrial uses; (4)Provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other;(5) Provide adequate space to meet the needs of modern industrial development including off-street parking and truck loading areas and landscaping;(6)Provide sufficient open space around industrial structures to protect them from the hazards of fire and minimize the impact of industrial plants on nearby uses;(7)Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;and,(8)Permit and reserve areas for employment activity and service to the public which do not materially detract from nearby industrial uses. A. Special Purposes of Industrial Park Districts. 1. To establish and maintain high standards of site planning,architecture,and landscape design that will create an environment attractive to the most discriminating industries and research and development establishments seeking sites in the Metropolitan area. 2. Provide and ensure the continuity of locations for industries that can operate on small sites with minimum mutual adverse impact. 11-52 B. Special Purpose of the I-GEN General Industrial District. To provide locations where industries that desire larger sites and outside storage can operate with minimum restriction and without adverse effect on other uses. Subd.2. Permitted Uses. A. Manufacturing,warehousing,wholesale,distribution,processing,packaging,assembling,compounding,and accessory uses,conducted within a building. B. Office Uses. C. Public Infrastructure. D. Supporting minor commercial uses as contained within office/industrial buildings,providing a supplemental function to the major office and/or industrial use. The commercial use is not to exceed 15%of the gross Floor Area Ratio of the building it occupies. Source: Ordinance No.9-87 Effective Date: 5-7-87 E. Gymnasium. Source: Ordinance No.16-82 Effective Date: 1-14-83 F. Funeral Homes. Source: Ordinance No.17-94 Effective Date: 5-27-94 G. Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06. Source:Ordinance No.27-97 Effective Date:6-13-97 H. Showrooms,provided products are for display purposes only and not for direct retail sales. Source:Ordinance No.13-2005 Effective Date:7-19-2005 Subd.3. Required Conditions. A. Acceptable,approved sanitary sewer service must be provided to all occupied structure. B. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. C. Office uses as permitted in the Office District shall be permitted in the Industrial District. Office use in the Industrial District shall in no event exceed fifty percent(50%)of the total floor area of the structure. Such office use shall comply with all of the requirements of this Chapter. Source: City Code Effective Date: 9-17-82 Subd.4. Medical Cannabis. Source: 5-2015 Effective Date: 5-14-15 11-53 A. Findings and Purpose. The Minnesota Legislature in Minn.Stat.§152.22 through§152.37 has legalized the distribution of medical cannabis with significant restrictions. The Council finds that it is appropriate to identify in the City Code the zoning districts in which a medical cannabis distribution facility is an allowable use.The Council finds that as a unique and highly regulated use medical cannabis distribution requires specific regulations. B. Definitions. All definitions set forth in Minn.Stat.152.22 through 152.37 and Minn.Rules Chap.4770,as each may be amended from time to time apply to this Subdivision. In addition,as used in this Subdivision,the following term shall have the meaning stated: 1. Medical Cannabis Distribution Facility("Facility")is a"Distribution Facility"as defined by Minn. Rule 4770.0200,Subp.13 as in effect as of May 30,2014. C. Permitted Use.Medical Cannabis Distribution Facility is a permitted use in the I-2 Industrial Park District as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this Subdivision. D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with all of the following performance standards. 1. Distribution shall be permitted only for the Qualifying Medical Conditions defined in Minn.Stat. 152.22,Subd.14 in effect as of May 30,2014. 2. The use shall comply with all provisions in Minn.Stat.152.22 through 152.37 and Minn.Rules Chap. 4770 as each may be amended from time to time,including but not limited to the following: a) Security requirements set forth in Minn.Stat. 152.29,Subd. 1 (d)and Minn.Rules Chap 4770.0700,4770.0900,4770.1000 and 4770.1400. b) Prohibition against sharing space or a financial relationship with a health care practitioner set forth in Minn.Stat.152.29,Subd.1 (e). c) Prohibition against consumption of medical cannabis on the property set forth in Minn.Stat. 152.29,Subd.2(f). d) Inspections imposed pursuant to Minn.Stat.152.29,Subd.2(g). e) Personnel regulations,including prohibition against employing any person under the age of 21 and required background checks,set forth in Minn.Stat.152.29,Subd.2(i). f) Prohibition against operation within 1000 feet of a school set forth in Minn.Stat. 152.29, Subd.2 0)and Minn.Rule 4770.0600. g) Licensing requirements set forth in Minn.Stat.152.29,Subd.3. h) Prohibition against any displays of merchandise,interior signs,or other exhibits which are visible from outside of the Facility set forth in Minn.Rule 4770.0800,Subp 3. 3. No manufacture or production of Medical Cannabis shall be permitted at the Facility. 4. No drive-thru shall be permitted at the Facility. 5. In lieu of the"Off-Street Parking Facilities"provisions set forth in City Code Section 11.03,Subd.3 H.,off street parking facilities located at the Facility shall provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area. 6. Annually,within 15 days of receipt,a copy of the registration required by Minn.Stat.152.25,Subd.1 shall be provided to the Chief of Police. (Sections 11.31 through 11.34,inclusive,reserved for future expansion.) 11-54 SECTION 11.35. PUB-PUBLIC. Subd.1. Purposes. The purposes of the PUB-Public District are to provide a procedure for the orderly establishment of public facilities,expansion of their operations,or change in the use of lands owned by governmental agencies and for the identification of drainage ways and flood plains. Subd.2. Permitted Uses. A. Public Infrastructure. B. Drainage ways and flood plains approved by the Council. Source: City Code Effective Date: 9-17-82 C. Places of Worship. Source: Ordinance No.137-84 Effective Date: 1-17-85 D. Cemeteries. E. Private schools and related boarding facilities which have public sanitary sewer and water service and which are located within the area described in Ordinance No.12-87. Source: Ordinance No.12-87 Effective Date: 3-17-88 F. Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06. Source:Ordinance No.27-97 Effective Date:6-13-97 G. Governmental offices in buildings of less than 6,000 square feet. Source:Ordinance No.1-2011 Effective Date: 1-27-2011 SECTION 11.36 GC-GOLF COURSE. Subd.1. Purposes.The purpose of the GC-Golf Course District is to specify a land use district applicable and consistent with the historical and contractual development and use of the City's golf courses. Subd.2. Permitted Uses. A. Golf,golf holes,practice ranges and greens,tennis courts,club houses,swimming pools,maintenance and storage buildings,pump houses and wells,shelter houses,cart paths,irrigation facilities,croquet,lawn bowling, platform tennis,cross country skiing,snow shoeing,ice skating and other passive recreational activities with non-motorized use,provided however motorized golf carts are permitted.The term"golf course"does not include permanent or temporary residential use or transient hotel use. (Sections 11.37 through 11.39,inclusive,reserved for future expansion.) 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 maybe subject to a PUD. The purpose of a PUD Concept Review 11-55 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 maybe 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. Source:City Code Effective Date:9-17-82 Subd.6. Repealed. 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.S. 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. 11-56 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. 11-57