HomeMy WebLinkAboutPlanning Commission - 09/26/2016 AGENDA EDEN PRAIRIE PLANNING COMMISSION
Monday, September 26, 2016, 7:00 P.M.
PLANNING COMMISSION John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann
MEMBERS: Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Tom Poul
STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer;
Matt Bourne, Manager of Parks and Natural Resources
I. PLEDGE OF ALLEGIANCE --ROLL CALL
II. APPROVAL OF AGENDA
III. MINUTES
A. Approval of the Minutes for the September 12, 2016 meeting
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
VII. PLANNERS' REPORT
A. TREE PRESERVATION REQUIREMENTS S DISCUSSION
VIII. MEMBERS' REPORTS
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
ANNOTATED AGENDA
TO: Planning Commission Members
FROM: Julie Klima, City Planner
RE: Planning Commission Meeting for Monday, September 26, 2016
MONDAY, September 26, 2016 7:00 PM, COUNCIL CHAMBERS
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE-ROLL CALL
III. APPROVAL OF AGENDA
MOTION: Move to approve the agenda.
IV. APPROVAL OF MINUTES
MOTION: Move to approve the Planning Commission minutes:
A. PLANNING COMMISSION MEETING HELD MONDAY, SEPTEMBER 12, 2016
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
VIII. PLANNERS' REPORT
A. TREE PRESERVATION REQUIREMENTS
Over the past few months, City staff has held several discussions with the City Council at
its work sessions regarding the tree preservation requirements. As a result of these
discussions, areas have been identified that may require further clarification or amendment
within the existing code language. Staff will review with the Planning Commission the
information that was discussed with City Council and share staff's current thoughts for
potential Code amendments. Staff is seeking feedback from the Commission prior to
bringing forward specific language for consideration as part of a formal public hearing on
proposed Code amendments. No formal action is required at this time. Included in the
agenda materials are the power point presentation and the current staff recommendations
for Code revisions.
IX. MEMBERS' REPORT
X. CONTINUING BUSINESS
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION: Move to adjourn the Planning Commission meeting.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, SEPTEMBER 12, 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
Chair Stoltz called the meeting to order at 7:00 p.m. Pieper, Poul and Wuttke were absent.
II. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by Farr, to approve the agenda. Motion carried 6-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON AUGUST 22, 2016
Chair Stoltz had a revision to the minutes. He stated under Adjournment it should say
Vice Chair Pieper.
MOTION: Freiberg moved, seconded by Farr, to approve the amended Planning
Commission Minutes. Motion carried 6-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
VII. PLANNERS' REPORT
A. DESIGN STANDARDS UPDATE
PLANNING COMMISSION MINUTES
September 12, 2016
Page 2
Klima stated the City had contracted with Hay Dobbs to work on the Design Standards
initiative. At the July 19 and September 6 City Council work sessions, Hay Dobbs
presented information addressing building materials, architecture, landscaping,
sustainability and public art. These discussions included current code requirements for
each of the topic areas and also provided recommendations to provide further
clarification in either the creation of design guidelines or amendments to the City Code.
Klima said tonight she will review with the Commission the presentations that were
provided to the City Council and get feedback for any potential changes with the draft
design guidelines and code amendments. Klima's first presentation was to focus on the
building guidelines. She stated the approach was to look at the city wide standards
while allowing for flexibility. Klima pointed out at the City Council workshop
discussion focused on how the guidelines and zoning codes would work together.
Discussion was centered on if the City wanted to encourage, incent or require through
the guidelines and zoning code.
Building orientation was one of the first issues addressed. Klima said the primary
building entries would be architecturally emphasized using design features. She also
stated the sides of the buildings that face a public street or sidewalk would have one or
more entrances. Farr wanted the second secure entrance to the building discussed
further. He stated most tenants and retailers would not want a second secure building
entrance and would like more flexibility in regards to this issue. Klima said in regards
to this there would need to be flexibility when looking at these codes.
The second proposed code change was building articulation. Klima said the building
facades greater than 40 feet in length will include recesses or projection in the facade,
material changes or other methods that create visual interest. In 3+ story buildings, the
ground level must be visually distinct. Higgins asked if there was discussion on when
asking for approaches on the fronts of buildings is repeated elsewhere; has this been
done years before. Klima said conversation with staff and Council wanted Eden
Prairie's goals to have a look of timelessness and that is why universal methods are
being developed. Klima pointed out there needs to be some direction while providing
flexibility with these changes. Corporate identify is important but the City also wants
to uphold the Eden Prairie standards of aesthetics.
The next proposed code change was varied rooflines. Klima said staff has worked very
hard with developers on this change so as to add a variety of different types of varying
rooflines. The design guidelines and code language would address the need for varied
rooflines.
Fenestration was the next proposed code change addressed. This is where the ground
floor is visible so as to provide transparency between the interior and exterior.
And the last proposed code change was building materials. It was discussed that 75%
of the building exterior facades will consist of at least 3 Class 1 contrasting yet
complementary materials. Fewer than 3 materials may be used to create a similar effect
PLANNING COMMISSION MINUTES
September 12, 2016
Page 3
to contrasting materials through varied texture, pattern or color. Preferred Class 1
materials include brick, stone and glass. Vinyl or plastic can be used as trim or edging
material.
Klima discussed the second part of the guideline changes and that had to do with
landscaping and art. She stated sustainability is partially codified and includes
design/construction process, building systems and operations and site improvements.
Klima pointed out the possible topical areas are sustainable sites, water efficiency,
energy and atmosphere, materials and resources and indoor environmental quality.
The issues that were discussed for sustainable sites were light pollution reduction,
quantity and quality control of storm water design, encourage development density and
community connectivity, protecting and restoring habitat to maximize open space and
lastly the heat island effect. Farr commented that white roofs are not the best for
building efficiency.
The next potential topic discussed was water efficient landscaping and water use
reduction.
Also addressed was energy and atmosphere. Such topics were commission of building
energy systems, minimum energy performance, and fundamental refrigerant
management and to optimize energy performance.
Materials and resources were also discussed. This included storage and collection of
recyclables, construction of waste management, recycled content and regional materials
to align with Class 1 materials, and rapidly renewable materials.
The next topic was indoor environmental quality. Discussed was the minimum IAQ
performance, low-emitting material, controllability of lighting and thermal comfort
systems and daylight and views.
In regards to site and landscape design, the items addressed were designing a holistic
site design that unites landscaping, paving and building. The next item was to
encourage designers to view landscaping as an amenity to design for pedestrian
connectivity.
Plant materials was also discussed and that would include using a variety of plant types,
promote diversity of species,use low water consumption plant martials,use pollinator
friendly plant materials and use a variety of plant materials with seasonal variety.
Screening guidelines was also another potential code change discussed. The topics
addressed were using plant materials to screen at-grade utilities, service and trash areas
and vehicles. it is important to ensure the CPTED principles are followed and
supplement screening with decorative fencing or low walls.
PLANNING COMMISSION MINUTES
September 12, 2016
Page 4
Parking lot landscaping included reducing large expanses of paved areas with islands
that beautify the site, provide pervious surface and reduce heat island effects. Design
for dual duty landscapes that serve more than one purpose and encourage the design of
landscape as an amenity. Also to incorporate pedestrian amenities into the design and
ensure compatibility with CPTED principles.
Public art was the next topic addressed with the premise of promoting art within the site
and using art as part of a building exterior. Art within the site could be sculptures,
lighting,paving and fencing. The building exterior could include windows, doors,
façade and roofs. A public art development dedication was also discussed and this
would be a separate program and use private dollars for public art within development
projects.
Freiberg commented he does not think it is a good idea to have art in the code. Klima
said there would be an opportunity to open the door for art if it were in the code.
Freiberg said what one person thinks is appropriate may not be viewed by other as
appropriate. He does not want people to be offended and again stated he felt it should
not be in the code. Klima said there will be discussions with developers on the concept
of public art. An example of art would be the sculpture in front of the Community
Center.
Klima said the next steps would be to finalize the Design Guidelines and Zoning
language changes and have a public review and adoption process.
Weber asked, in regards to the art, how we could put in the code, "subjective values",
in writing. And asked if this is something we want or are we just meeting a standard.
Klima said in regards to this code there would be numerous factors taken into account
as to what is around the area and what is being developed. She stated by having Design
Guidelines they provide options for developers but also sets guidelines.
B. TRANSIT ORIENTED DEVELOPMENT (TOD) UPDATE
Klima said the City Council approved the Transit Oriented Development Ordinance on
August 16, 2016. Staff will provide a review of the final adopted ordinance
highlighting modifications that were made to the ordinance following Planning
commission review. Klima pointed out one of the areas modified following PC review
was landscaping. Stakeholders concern was that the requirements were
disproportionate. The adopted language would provide for flexibility to landscaping.
The second issue that was addressed was warehousing uses and Klima said the final
TOD allows for 15%. Other topics that were discussed were visitor parking whereas a
definition of this was defined in code. Public open space was also addressed and
defined to establish expectations. And lastly housekeeping revisions included adding
public infrastructure, towers and antennas as permitted uses consistent with other
zoning districts and sidewalks and trails as consistent with the Comprehensive Plan and
Bicycle and Pedestrian Plan.
PLANNING COMMISSION MINUTES
September 12, 2016
Page 5
The next steps would be a review of the Comprehensive Plan Language and Map, draft
recommendations, outreach to property owners, and Planning Commission and City
Council review of recommendations. The Metropolitan Council will also review the
comp plan changes and there will be potential implementation of zoning changes to
certain properties.
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission
meeting. Motion carried 6-0.
Chair Stoltz adjourned the meeting at 8:07p.m.
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TREE PRESERVATION
Planning Commission
September 26, 2016
rdinance 11 . 55 subd . 4
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Tree Replacement Plan Requirements
(Replacement vs. Preservation)
o Inventory of Significant Trees
o List of Trees Removed
o Tree Replacement Requirements
o Location of Replacement Trees
o Sizes and Types of Replacement Trees
o Time to Perform
Significant Trees
Definition:
Any deciduous hardwood tree (except elm,
willow, box elder and aspen) measuring 12
inches in diameter or greater,
Or a coniferous tree measuring 8 inches in
diameter or greater
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Tree GGrowth
Estimated' Age of Urban Trees by Species and
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.,.,. .m.,.w Diameter w.............w.n.
Tree diameter F ininches
)ecies " €}" 15+r I 20" I 25n Lt.1 35i. 9Ck" rr 50"
Estimated. tree age in years
American el 4 27 T 38 48 58 67 . 77 86 9: - 104
Siberian elm (4) 2.4— J 39 46 58 59 6,5
Hackberry (7) , [ 21'911 ri 'J'1°fa 7C7S 7 . s4 94,
Pear ( '..}.n,n nn15n....n,.. 2.4 34, '.. . .m..
Green. ash S ) g7 45 63 . 88 / 14- 126 118 171 - 194
White ash 3 14 21 8
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Saver maple 7 .. . . . . 9 IS. ; 31 46 65 86 1.10 , 136
Boxeider 19 Je 23 S6 50 64 78 -
! Sugar r ma le 4 S8 51. 70 88 107
lied 111apke 6 18 23 3 J
Black maple (7) � 20 127
,._Y,.,-v........ ,�### fib ��#� # 7 Norway xa 1. 4 ,28 40 5 63
London plane (3) 7 16 25 33 -
White oak (3) 11. ; 24 36
Swamp white oats (3) 9 20 81
lied oak 4) _ ® 75 1 94 1 UJ /30 /46 162
Bur oak 4) 154 110 #14, 148 1.52
Pin oak (4) 8 38 46 !
Trees Exempt from Replacement
o Dead or Diseased Tree
o Tree down due to natural causes (fire, wind,
etc.)
o Elm, Willow, Box Elder and Aspen
General Exemptions from
Ordinance 11 . 55 subd . 4
o For non-residential lots, the cutting, removal or
killing of less than 10 % of significant trees
within a five year period. For residential lots,
10 % or one significant tree, whichever is
greater, within a five year period.
o Public work projects undertaken by the City.
Development Plan Review
MS
Residential Development
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Tree Replacement ` _ �� 8 -Esteem Red Cedar K
` �J 5026 S Eastern Red Cedar
a` + 1 San 8 i Red Norway nine
% , �,1 '` � �.� • { 5028 18 Bur Oak
` 1 5Oi5 zi Bur Oak
�1 r'/`) I ;* I 5030 13 6,aak
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Y 1�, .� n I 5� I_ 2a I Red oak i
• • • fl/ .A6 �, �� m5P33 � Bur Oak pd
i !�r . 5039 19 Bur Oakpd
Si nifleant Trees 1,,, (04/'
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g r � :ill5036 13
$.1 _ 5097 li White Dak
s,.� 503R v3 white Oak
a Tree Replacement _ .04 tV `, t Oak
u `e
p 5091 26 White Wk
Oak
// .- 1 _ 5092 16 White Oak
• I/ -+•I = 5043 I 13 Black Cherry
Calculation J - ,r 5� 21 White Oak
f �J f ,r 5046 20 White Oak
J 5076 10 White Oak
! ���}.. =�7-t 5047 14 White Oak
.5M8 26 White Oak
r I If. , —~- 0 _'- ` 5049 27 White Oak
o Tree Replacement a� �•aa. •
l O i. �pp�y 5090 14 I WhireOak
G's `r 5051 26 1 Hackberry
Ie arR �- p ,!!! 5052 19 i White Oak
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o oa aD rrare ar r .,s3�sa'at 5053 1B 1 white oak _
J _�_ r�Y�>roe ore n aC 8gk C _ 04 17 I White Oak
Plan j �F'! , /~ Tr� �p�tr m r � 5055 15 Whke Oak
_ oek O _ o•-, L 505'6 14 Black Che rry pd
B• !ffi rd or yr 1 3057 12 Heekberry
ema• ` �_ ` 5Qffi 36 Red Oak s
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a-'. .-.rx t •s9 9 Eastern Red Cedar
50 'Eastern Red Cedar
f �, �� \ - 506E 9 Eastern Red Cedar
N J 5062 9 Eastern Red Cedar
I. l r / I i .'f W 8 5063 33 Colorado Sprdue
D " eIopment Agreement
o The amount of caliper inches needed to be
planted to meet the Tree Replacement
Requirement is memorialized in the
Development Agreement for the project
o Any tree lost that was not included in the Tree
Replacement Plan is replaced on an inch for
inch basis
Development Plan Review
o n . residential Development
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o Additional trees beyond tree replacement are
required as part of Landscaping Requirements
o New stormwater management rules have in
most cases increased the number of trees being
removed and/ or limited the area for
replacement trees to be planted
o Current movement to a more urban design
Current Issues
• Most of the remaining parcels within the City
to be developed are infill projects on heavily
wooded sites, making Tree Preservation
difficult
o Developer's only option is to ask for a
variance/waiver if they cannot meet
requirements
o Projects in the past have been overplanted to
meet requirements but are now experiencing
maintenance issues due to overcrowding, etc.
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unique Situati ons
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EP Senior Living Project
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Cannot meet both -
Landscaping and Tree ,4�. 4 ,:
Replacement Requirements i
o Tree Replacement = 1,048i . _-••• , r
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caliper inches
o Landscaping Requirement49
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= 293 caliper inches _
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Proposed Updates to City Code
o Add definition and regulations for Heritage
Trees
o Lessen replacement requirement for Significant
Trees, but increase replacement for removal of
Heritage Trees
o Add ability for payment into fund to be used
for reforestation and other environmental
projects for requirements not able to be met
uestions for Commission
"ft
o If a tree preservation plan is put into place at
the time of development, how long are those
trees protected for?
o What regulations, if any, does the City want to
have in place for tree removal on private
property?
o How can we best balance both landscaping
requirements and tree replacement
requirements?
SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER
MANAGEMENT REGULATIONS.
Ordinance No.7-2015
Effective Date: 6-25-2015
Prey. Ordinance No.2-2006
Effective Date: 2-16-2006
Subd. 1.Declaration of Policy and Purpose.
A. Land Alterations are inherently accompanied by noise and dust,may create hazardous conditions and may
result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses
in nearby areas,discourage further permanent development of the surrounding properties,impair adequate
planning or municipal development, and diminish public health, safety, and general welfare. It is,
therefore,desirable to regulate Land Alterations in the City.
B. Tree removal,damage,and destruction tends to endanger the natural character of the land from which the
trees have been removed and surrounding lands,and to diminish and impair the public health,safety and
general welfare. The Council desires to protect the integrity of the natural environment and finds that trees
do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and
natural insulation for energy preservation. Further,the Council finds that trees protect privacy and provide
enhancement of property values. It is,therefore,the further purpose of this Section to provide regulations
relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the
wooded and forested areas of the City, to promote the orderly development of such areas and thereby
minimize public and private losses; to insure maintenance of the natural vegetation and topography; to
encourage protection and preservation of the natural environment and beauty of the City;to encourage a
resourceful and prudent approach to urban development of wooded areas which provides for minimal tree
loss and mitigation of tree removal resulting from development;to provide an objective method to evaluate
a development's impact on trees and wooded areas and identify whether and how the impact may be
reduced; to provide incentive for creative land use and good site design which preserves trees while
allowing development in wooded areas with mitigation of tree removal and destruction;and to provide for
enforcement and administration thereby promoting and protecting the public health,safety and welfare.
C. The Council seeks to promote,preserve and enhance the natural resources within the City and protect them
from adverse effects of stormwater runoff by providing site design standards that minimize stormwater
runoff to meet the requirements of appropriate regulatory agencies.
Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words shall have the
meanings stated below.
A. Applicant.A Person submitting an application for a Permit.
B. Best Management Practices. Best Management Practices or BMPs (defined under Minnesota Rules
4001.1020, subp. 5)are practices to prevent or reduce the pollution of the waters of the state, including
schedules of activities, prohibitions of practices, and other management practices, and also includes
treatment requirements, operation procedures and practices to control plant site runoff, spillage or leaks,
sludge,or waste disposal or drainage from raw material storage. BMPs are effective and practicable means
of controlling,preventing,and minimizing degradation of surface water from Stormwater runoff.
C. Building Permit. A Building Permit is a Permit issued pursuant to Minn.Stat.chap.326,the State Building
Code.
D. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk of a certified
nursery raised tree at 12 inches above the ground.
E. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the Tree Trunk.
F. Certified Contractor. An individual who has received training and is licensed by the State of Minnesota to
inspect and maintain erosion control practices.
G. Construction Activity.A disturbance to the land that results in a change to the topography or existing soil
cover(both vegetative and non-vegetative)that may result in accelerated stormwater runoff.Examples of
Construction Activity may include clearing,grading,filling and excavation.
H. Control Measure. The practice or combination of practices to control Erosion, Sedimentation and
Pollution.
I. Detention Basin.A Detention Basin is a natural or man-made structure,facility or basin for the temporary
storage of Stormwater to allow settling of Pollutants while delaying Discharge of water so that water
slowly empties from the area, including but not limited to, wetlands, dry ponds, Vegetated Swales,
Infiltration trenches and Infiltration basins.
J. Development Plan—A contiguous area that includes a common plan of development or sale where multiple
separate and distinct land disturbing activities, including New Development or Redevelopment, may be
taking place at different times,or different schedules,but under one proposed plan. One Development Plan
is broadly defined to include design,Permit application,advertisement or physical demarcation indicating
that land-disturbing activities may occur.
K. Discharge. The conveyance,channeling,runoff,or drainage of Stormwater or any substance which enters a
Stormwater Facility.
L. DNR Catchment Area. The Hydrologic Unit 08 drainage areas that drain to a river, stream or lake as
delineated and digitized by the Minnesota Department of Natural Resources(DNR)Watershed Delineation
Project. The mapping information for the DNR Catchment Areas is available at the DNR Data Deli web
site(deli.dnr.state.mn.us).
M. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches of the Canopy
of a Tree to the ground.
N. Diameter. Wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk
as measured 4.5 feet above the ground.
O. Erosion. Any process that wears away the surface of the land by the action of water,wind,ice or gravity.
P. Erosion Control Systems. Methods,measures or systems employed to prevent soil Erosion.
Q. Filtration. Filtration means the process by which Pollutants are removed through filtering and settling of
stormwater runoff,biological and microbiological uptake,and/or soil adsorption.Filtering practices include
media filters (surface, underground, perimeter), vegetative filters (filter strips, grass channels), and
combination media/vegetative filters(dry swales).
R. Final Stabilization. All Land Alteration has been completed and a uniform perennial vegetative cover with
a density of seventy (70) percent of the cover for unpaved areas and areas not covered by permanent
structures has been established on the land or equivalent permanent cover or stabilization measures have
been employed as approved by the City. Sowing grass seed or an annual cover crop is not considered Final
Stabilization.
S. Green Infrastructure. A wide array of practices at multiple scales that manage wet weather and maintains
or restores natural hydrology by infiltrating,evapotranspiring,or harvesting and using stormwater. On a
regional scale,green infrastructure is the preservation or restoration of natural landscape features,such as
forests,floodplains and wetlands,coupled with policies such as infill and redevelopment that reduce overall
imperviousness in a watershed. On a local scale, green infrastructure consists of site and neighborhood-
specific practices,such as bioretention,trees,green roofs,permeable pavements and cisterns.
T. Heritage Tree. Any living deciduous hardwood tree(except elm,willow,box elder and aspen)measuring
34 inches in Diameter or greater,or a coniferous tree measuring 24 inches in Diameter or greater.
TU. Infiltration. Infiltration is the capture and temporary storage of water to allow passage or movement of the
water into the soil through the use of techniques such as Infiltration basins,Infiltration trenches,rainwater
gardens,underground Infiltration systems,or natural or enhanced swales.
I UV. Land. Land shall mean and include an entire Lot(as defined in Section 11.02 of the City Code)on or
within the boundaries of which Land Alteration has occurred,or is to occur.
VW. Land Alteration Permit. A Permit to allow Land Alteration. This would include Grading and Filling
Permit referenced in Section 11.50 Subd.11.
I WX. Land Alteration. Any land disturbing activity,including: excavating,grading,digging,cutting, scraping,
clearing;removal of trees,filling or other change or movement of earth which may result in diversion of a
man-made or natural water course or Erosion of Sediments.
I XY. Maximum Extent Practicable. Maximum Extent Practicable or MEP means the statutory standard (33
U.S.C. 1342(p)(3)(B)(iii))that establishes the level of Pollutant reductions that the Permittee must achieve.
Determination of the appropriate BMPs required to satisfy the Land Alteration Permit requirements to the
MEP will be completed by the City Engineer.
I YZ. New Development. All Construction Activity that is not defined as Redevelopment.
I ZAA. NPDES.NPDES means the National Pollutant Discharge Elimination System as established pursuant to 33
USC§ 1342(b)to regulate Discharges of Pollutants to waters of the United States.
I AABB. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control
Agency(MPCA)to regulate Discharges of Pollutants to waters of the United States,whether the permit is
applicable on an individual,group or general area-wide basis.
I BBCC. Owner. Any person having a sufficient proprietary interest in the land for which a permit is or may be
issued under this Section.
I CCDD. Permit. A Land Alteration Permit or a Building Permit.
DDEE. Permittee. The holder of a Permit pursuant to this Section.
I EEFF. Pollutant.Pollutant means: (i)toxic or hazardous substances,wastes,or contaminants(including,without
limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated
biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such
products, and any hazardous substance as defined in Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii)
substances that would require a permit for their Discharge into any water source or system or the air under
the Federal Water Pollution Control Act, 33 U.S. C. §1251 et S�ce ., or the Clean Air Act, 42 U.S.C.
§7401 et Sew.;(iii)hazardous substances,Pollutants or contaminates defined in Minnesota Statutes Chapter
115B; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints,
solvents,automotive fluids,wastes and residues that result from constructing a building or structure,and
(iv)any other similar state law or ordinance. A Pollutant of Concern is a Pollutant specifically identified in
a USEPA-approved Total Maximum Daily Load(TMDL)report as causing a water quality impairment.
I FFGG. Redevelopment. Any Construction Activity where,prior to start of construction,the areas to be disturbed
have 15%or more of impervious surface(s).
€OHH. Retention Basin.A retention basin is a temporary or permanent natural or man-made structure,facility or
basin that provides for storage of Stormwater where water is allowed to empty through evapotranspiration,
Infiltration, Filtration or evaporation, including but not limited to wet, dry or National Urban Runoff
Program(NURP)ponds.
I HHII. Root Zone. The area under a tree which is at and within the Drip Line of a Canopy of a Tree.
I IIJJ. Saturated Soil. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil
voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or
other information.
I JJKK. Sediment. The product of an Erosion process, including solid matter both mineral and organic,that is in
suspension,is being transported,or has been moved by water,air,gravity or ice and has come to rest on the
earth's surface either above or below the normal water level.
IKLL. Sedimentation. The process or action of depositing Sediment.
bbMM. Significant Tree. Any living deciduous hardwood tree (except elm, willow, box elder and aspen)
measuring between 12 and 34 inches in Diameter or greater,or a coniferous tree measuring between 8 and
24 inches in Diameter greater.
MMNN.Site.The area of Land within which Land Alteration occurs or is to occur.
I N-NOO. Stormwater. Any form of natural precipitation which causes water to runoff or flow from one place to
another and includes Stormwater runoff,snow melt runoff,and surface runoff and drainage.
OOPP. Stormwater Facility. A stationary and permanent Stormwater BMP designed,constructed and operated to
prevent or reduce the Discharge of Pollutants in Stormwater as well as structures built to collect,convey,or
store Stormwater, including but not limited to, inlets, pipes, storm drains,pumping facilities, Retention
Basins,Detention Basins,drainage channels,reservoirs,and other drainage structures.
I WOO. Stormwater Management. The use of structural or non-structural practices that are designed to reduce the
movement of Stormwater,including Stormwater Discharge volumes,and peak flow Discharge rates.
QQRR. Stormwater Pollution Prevention Plan(SWPPP).A plan described in Subd.8.E of this Section. A SWPPP
also refers to that SWPPP required by the MPCA under the NPDES Permit program to manage and reduce
the Discharge of Pollutants in Stormwater.
RSS. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof.
I &STT. Vegetated Swales. A vegetated earthen channel that conveys Stormwater while treating the Stormwater
with biofiltration. Such swales may be designed to pretreat surface runoff by removing Pollutants through
Filtration and Infiltration.
I TTUU. WMZ. The WMZ (Wellhead Management Zone) is the area within a fifty (50) foot radius from any
municipal well.
Subd.3.Permit Requirements and Exemptions.
A. Permit Required. Except as hereafter provided,it is unlawful for any person to use Land for,or to engage
directly or indirectly in,Land Alteration unless such person shall first have applied to and obtained from
the City,in the manner hereinafter provided,a Permit authorizing the same.
B. Single Family Dwelling. At a minimum, a person engaging in Land Alteration in connection with
construction of a Single Family Dwelling must obtain a Building Permit from the City. In addition,a Land
Alteration Permit may be required if the City Engineer or his/her designee determines that site conditions
require a Permit or if a Land Alteration Permit is required in other Sections of the City Code.The Permittee
who conducts Land Alterations pursuant to a Building Permit shall be required to comply with Subds. 5,
and 7 of this Section. T^the o ent m tT an not of tho Sign:rcant Tree. o. two S to, o t, ho_e ed
the Pcrmittco shall also comply with Subd.'1 of this Section. Failure to comply with Subds.-5,and 7 of
this Section if applicable, will subject the Permittee to the provisions of Subd. 7.J of this Section. The
application for the Building Permit shall include a Certificate of Survey, including a map of the Erosion
Control Measures which will be provided,and must be pre-approved in writing by the City. Single Family
Dwelling construction includes construction of a single family dwelling,garage,pool,addition,driveway
or deck.
C. General Exemptions.The following Land Alterations are exempt from the requirements for a Permit:
1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit which was
approved by the City prior to April 21,2015 and which has not expired.
2. Movement of less than 100 cubic yards of earth.
3. For all lots except residential lots, the cutting, removal or killing of less than 10% of the
Significant Trees on any Land within a period of five years. For lots zoned rural,multi-family or
residential lets which are unplatted or platted prior to December 1, 1990,the cutting,removal or
killing of less than 10%of the Significant Trees or 1 Significant Tree,whichever is greater,on any
land within a period of five years.
4. Property within the TOD and TC zoning districts shall be exempt from the Tree Replacement Plan
Requirements provided in Subd.4 below.
45. Any destruction or disruption of vegetation covering an area equal to or less than 10% of any
Land.
66. Installation of a fence,sign,telephone or electric poles and other posts or poles which result in less
than 1,000 square feet of exposed soil.
67. Home gardens,turf or an individual's home landscaping,installation,repairs and/or maintenance
work.
g8. Retaining walls less than four (4) feet in height and twenty-five (25) feet in length that are
constructed in a manner which does not change the existing Stormwater Drainage. This would
include a single or tiered retaining wall system.
89. Existing agricultural,horticultural or silvicultural operations.
910. Opening and closing graves.
4911. Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural
resources.In such an event,if a Permit had been required but for the emergency,the obligations of
this Section shall apply and shall be performed at the earliest reasonable time thereafter.
4412. Excavations for tunnels, wells, utilities, trails, sidewalks, roads or other public work projects
which are undertaken by the City,unless the disturbance meets the criteria established in Subd.6
of this Section.
D. Other Requirements. Neither this Section nor any administrative decision made under it exempts a
person from other requirements of this Code,from procuring permits required by other agencies(including
but not limited to the Watershed District,Hennepin County,Minnesota Pollution Control Agency(MPCA),
the Minnesota Department of Natural Resources(DNR)or the U.S.Army Corps of Engineers(USACE)or
from complying with the requirements and conditions of such permits. A copy of any permits related to
Wetlands, Land Alteration or Stormwater received from another federal, state or local authority must be
provided to the City Engineer prior to issuance of a Permit from the City.
Subd.4. Tree Replacement Plan Requirements.
If a Significant Tree is removed as a part of a Land Alteration Permit or Building Permit for the redevelopment of a Formatted:Left,Space After: 10 pt,Line
lot previously platted and developed,the Significant Tree must be replaced with one(1)tree,subject to the spacing: Multiple 1.15 li,Tab stops:Not at -1"
conditions on location,size,timing,health and source outilined below.Heritage Trees shall not be removed without + -0. + 0"+ + + 1"+ 1.5"+ 2"+
2.5"+ 3"+ 3.5"+ 4"+ 4.5"+ 5"+ 5.5"+
the written consent from the City,with possible replacement requirements as determined by City staff, 6"+ 6.5"
Formatted:Font:Not Bold
The issuance of a Land Alteration Permit or Building Permit in connection with(1)a preliminary plat application.
(2)a subdivision application resulting in the creation of one or more new development parcels,(3)a PUD or(4)a
site plan review shall be further subject to and conditioned upon compliance by the Permittee with the following:
A. Tree Inventory. A Tree Inventory certified by a registered land surveyor,landscape architect or forester
must be provided to the City Forester. The Tree Inventory must depict the following:
1. The size, species,condition and location on the Site of all Heritage Trees and Significant Trees.
On large wooded areas,forest mensuration methods may be used to determine the total Diameter
inches of trees outside the area of the proposed Land Alteration.
2. A list of Heritage Trees and Significant Trees which will be lost due to the proposed Land
Alteration. Heritage Trees and Significant Trees shall be considered lost as a result of:
a. grade change or Land Alteration,whether temporary or permanent, of greater than one
(1)foot measured vertically,affecting 60%(as measured on a horizontal plane)or more
of the tree's Root Zone;
b. utility construction(i.e.,sewer,water,storm sewer,gas,electric,telephone and cable TV)
resulting in the cutting of 60%or more of the tree's roots within the Root Zone;
c. mechanical injury to the Tree Trunk of a Heritage Tree or Significant Tree causing loss
of more than 40%of the bark at any given Diameter location along the trunk;or,
d. compaction to a depth of 6 inches or more of 60% or more of the surface of the soil
within a Heritage or Significant Tree's Root Zone.
3. The number,type and size of trees required to be replaced pursuant to this Section.
4. The location of the replacement trees.
B. Tree Replacement/Restitution Requirements. The Permittee shall replace or pay restitution,or provide a
combination thereof,for Heritage Trees and Significant Trees lost or reasonably anticipated to be lost as a
result of Construction Activity or Land Alteration immediately upon the occurrence of a loss,whether the
loss occurs during Construction Activity, Land Alteration or thereafter, by the Permittee, his agent, or Formatted:List Paragraph,Numbered+Level:
successor in interest by planting that number of trees(Replacement Trees)determined in accordance with 1+Numbering Style:1,2,3,...+Start at:1+
the following fermulacriteria: Alignment:Left+Aligned at: 0.5"+Indent at:
0.75"
1. Replacement . r Formatted:List Paragraph,Indent:Left:
0.75",First line: 0"
Significant Tree replacement formula; f Formatted:List Paragraph,Indent:Left: 0",
First line: 0"
A= Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration r Formatted:Font:(Default)Times New Roman,
10 pt
B= Total Diameter Inches of Significant Trees Situated on the Land
C= Tree Replacement Constant(1.330_5)
D= Replacement Trees(Number of Caliper Inches)
[(A/B)x C]x A=D
EXAMPLE
A=337
B=943
C=1.330.5
D=4-6060
[(337/943)x 1.330_5]x 337=4-6060
Heritage trees that are lost or damaged are to be replaced at a ratio of 2 caliper inches per Diameter-inch (Formatted:Indent:Left: 0.5"
Heritage Tree replacement must include a minimum of 20%replacement trees equal to or greater than 4
caliper inches. In the case that a Heritage tree is saved, the total amount of Diameter-inches may be
subtracted from the replacement requirement.
2. Restitution • Formatted:List Paragraph,Numbered+Level:
J or every one(1)caliper inch of replacement tree requirement not met with plantings,the Permittee.., 1+Numbering Style:1,2,3,...+Start at:1+
must provide restitution to the City in the amount required in the adopted fee schedule at the time of Alignment:Left+Aligned at: 0.5"+Indent at:
issuance of the Land Alteration Permit 0.75"
Formatted:Font:(Default)Times New Roman,l
The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be 10 pt
planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 12 Formatted:Indent:Left: 0.75"
of this Section.
Formatted:Font:(Default)Times New Roman,
10 pt
C. Location of Replacement Trees. Replacement Trees shall be planted in one or more of the following
areas on the Land: (Formatted:Indent:Left: 0"
1. Restoration areas including steep slopes.
2. Outlots or common areas.
3. Buffer zones between different land uses and/or activities.
4. Project entrance areas.
5. Wetland Buffer Areas
6. Stormwater BMPs designed according to Subd.6.
7. Any other part of the Land except areas dedicated or conveyed to the City, unless the City
consents in writing.
D. Sizes and Types of Replacement Trees. Replacement Trees must be no less than the following sizes:
1. Deciduous trees-no less than two and one half(32.5)Caliper Inches.
2. Coniferous trees-no less than-seven six(7-6)feet high.
On steep slopes(i.e.,greater than 3:1)deciduous trees may be two(2)Caliper Inches and coniferous trees
may be six(6)feet in height.
Replacement Trees shall be of a species similar to the trees which are lost and shall be pre-approved in
writing by the City.
E. Time to Perform. Replacement trees shall be planted not less than 18 months after the date of issuance of
the Permit.
F. Missing,Dead or Unhealthy Trees. Any Replacement Tree which is not alive or healthy one(1)year
after the date that the last Replacement Tree has been planted shall be removed and a new healthy tree of
the same size and species shall be planted in place of the removed tree. All such plantings shall occur
within one year of the date the tree qualifies as dead,unhealthy or missing.
G. Sources of Trees. Replacement trees shall consist of"certified nursery stock" as defined by Minnesota
Statutes Section 18.46.
Trees planted in place of missing, dead, or unhealthy Replacement Trees shall consist only of"certified
nursery stock"as defined by Minnesota Statutes,Section 18.46.
H. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and grown by the
owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property
according to Minnesota Statutes 1989 Supplement, Section 273.13,Subd.23(b)because it was as of such
date real estate, rural in character, and used exclusively for growing trees for timber, lumber,wood and
wood products as described in clause(1)of said Subd.23(b).
PROJECT PROFILE - SEPTEMBER 26, 2016
PLANNING COMMISSION - SEPTEMBER 26, 2016
1. TREE PRESERVATION PLANNERS REPORT DISCUSSION
CITY COUNCIL PUBLIC HEARING - OCTOBER 4, 2016
1. PRAIRIE BLUFFS SENIOR LIVING(2015-17)by Albert Miller (BETH)
Proposal to develop a 3 and 4 story, 138 unit senior housing and assisted living project
Location: 10217, 10220, 10240, 10280 Hennepin Town Road and two additional parcels
(PID 36-116-22-11-0026 & 36-116-22-11-0003)
Contact: Albert Miller—612-386-6260
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
Application Info Planning Commission City Council
Date Submitted 07/13/16 Notice to Paper Date 08/04/16 Notice to Paper Date
Date Complete 08/02/16 Resident Notice Date 08/05/16 Resident Notice Date
120 Day Deadline 11/30/16 Meeting Date 08/22/16 1st Meeting Date
Initial DRC review 07/28/16 2nd Meeting Date
2. CODE AMENDMENT RELATED TO LOADING FACILITIES,MECHANICAL
EQUIPMENT, SITE LIGHTING AND TRASH AND RECYCLING ENCLOSURES (BETH)
Public hearing to amend City Code Chapter 11, relating to loading facilities, mechanical equipment screening,
site lighting, and architectural requirements for trash and recycling enclosures.
Contact: Beth Novak-Krebs, 952-949-8490
Application Info _ Planning Commission —City Council _
Date Submitted N/A Notice to Paper Date 11/19/15 Notice to Paper Date 00/00/15
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 12/07/15 1st Meeting Date 00/00/15
Initial DRC review N/A 2nd Meeting Date
1
PLANNING COMMISSION - OCTOBER 10, 2016
1. CODE AMENDMENT RELATED TO COMMERCIAL KENNELS (2016-13) (STEVE)
Public Hearing amending City Code, Chapter 11 to address commercial kennels.
Contact: Steve Durham, 952-949-8491
Application Info Planning Commission City Council
Date Submitted 09-19-16 Notice to Paper Date 09-22-16 Notice to Paper Date 00/00/15
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 10-10-16 lst Meeting Date 00/00/15
Initial DRC review N/A 2nd Meeting Date
2. CODE AMENDMENT RELATED TO AUTOMOBILE SERVICE (2016-14) (STEVE)
Public Hearing amending City Code, Chapter 11,to address automotive services
Contact: Steve Durham, 952-949-8491
Application Info Planning Commission City Council
Date Submitted 09-19-16 Notice to Paper Date 09-22-16 Notice to Paper Date 00/00/15
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 10-10-16 1st Meeting Date 00/00/15
Initial DRC review N/A 2nd Meeting Date
3. CODE AMENDMENT RELATED TO SCREENING& LANDSCAPE (2016-15) (JULIE)
Public Hearing amending City Code, Chapter 11,relating to screening and landscape requirements
Contact: Julie Klima, 952-949-8489
Application Info Planning Commission City Council
Date Submitted 09-19-16 Notice to Paper Date 09-22-16 Notice to Paper Date 00/00/15
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 10-10-16 1st Meeting Date 00/00/15
Initial DRC review N/A 2nd Meeting Date
4. CODE AMENDMENT RELATED TO TREE REPLACEMENT (2016-16) (JULIE)
Public Hearing amending City Code, Chapter l lrelating to tree replacement requirement
Contact: Julie Klima, 952-949-8489
Application Info Planning Commission City Council
Date Submitted 09-19-16 Notice to Paper Date 09-22-16 Notice to Paper Date 00/00/15
Date Complete N/A Resident Notice Date N/A Resident Notice Date N/A
120 Day Deadline N/A Meeting Date 10-10-16 1st Meeting Date 00/00/15
Initial DRC review N/A 2nd Meeting Date
2
CONSERVATION COMMISSION - OCTOBER 11, 2016
HERITAGE PRESERVATION COMMISSION - SEPTEMBER 19, 2016
JOINT MEETING WITH EP HISTORICAL SOCIETY AT CUMMINS GRILL HOUSE -
13600 PIONNER TRAIL
IN BUT NOT SCHEDULED
1. SOUTHWEST STATION PUD AMENDMENT (2015-23) by SW Metro Transit Commission
(JULIE)
Proposal for additional parking structure at southwest station
Contact: Julie Klima, 952-949-8489
Request for:
• Planned Unit Development District Review with waivers on 11.38 acres
• Zoning District Amendment within the Commercial Regional Service Zoning District on
11.38 acres
• Site Plan Review on 11.38 acres
Application Info Planning Commission City Council
Date Submitted 00/00/15 Notice to Paper Date 11/19/15 Notice to Paper Date 12/17/15
Date Complete 00/00/15 Resident Notice Date 11/20/15 Resident Notice Date _ 12/18/15
120 Day Deadline 00/00/15 Meeting Date 12/07/15 1st Meeting Date 01/05/16
Initial DRC review 00/00/15 2nd Meeting Date
2. MARTIN BLU TRAIL (2015-21)by Eden Prairie Development, LLC (JULIE)
Proposal for relocation of a trail.
Location: 14301 Martin Drive
Contact: Rob Bader, 952-540-8643
Request to:
• Amend Development Agreement to reflect revised trail location within the Martin Blu
project
Application Info Planning Commission City Council _
Date Submitted 10/28/15 Notice to Paper Date 11/19/15 Notice to Paper Date 12/17/15
Date Complete 10/28/15 Resident Notice Date 11/20/15 Resident Notice Date 12/18/15
120 Day Deadline N/A Meeting Date 12/07/15 1st Meeting Date 01/05/16
Initial DRC review 11/05/15 2nd Meeting Date
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3. HY-VEE CONVENIENCE STORE (2016-11)by Hy-Vee, Inc. (BETH)
Proposal to construct a 7,905 square foot convenience store with gas pumps and drive thru for a coffee shop
Location: Northwest corner of the intersection of Pioneer Trail and Hennepin Town Road.
Contact: Hy-Vee, Inc. —(515)267-2800,jbrehm@hy-vee.com
Request for:
• Planned Unit Development District Review with waivers on 3.96 acres
• Site Plan Review on 3.96 acres
• Preliminary Plat to combine one lot and one outlot on 3.96 acres
Application Info Planning Commission City Council
Date Submitted _08/26/16 Notice to Paper Date 00/00/16 Notice to Paper Date 00/00/16
Date Complete 00/00/16 Resident Notice Date 00/00/16 Resident Notice Date 00/00/16
120 Day Deadline 00/00/16 Meeting Date 00/00/16 1St Meeting Date 00/00/16
Initial DRC review 09/01/16 2nd Meeting Date 00/00/16
4. PRESTIGE DAYCARE (2016-12)by Shingobee (ANGIE)
Proposal to construct a daycare facility
Location: 15219 Pioneer Trail—Southeast Quadrant of Mitchell/Spring Rd&Pioneer Trl
Contact: Stacy Gleason 763-479-5647, sgleason@shingobee.com
Request for:
• Site Plan Review on 3 acres of un-platted land within the 35 acre parcel
Application Info Planning Commission City Council
Date Submitted 08/26/16 Notice to Paper Date 00/00/16 Notice to Paper Date 00/00/16
Date Complete 09/13/16 Resident Notice Date 00/00/16 Resident Notice Date 00/00/16
120 Day Deadline 01/11/17 Meeting Date 00/00/16 1St Meeting Date 00/00/16
Initial DRC review 09/01/16 2nd Meeting Date 00/00/16
APPROVED VARIANCES
TELECOMMUNICATION PROJECTS
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