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HomeMy WebLinkAboutPlanning Commission - 10/10/2016 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, October 10, 2016, 7:00 P.M. PLANNING COMMISSION MEMBERS: John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann 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 26, 2016 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT-SCREENING & LANDSCAPE Request to: • Amend the City Code Chapter 11 relating to screening and landscape requirements. B. CODE AMENDMENT-COMMERCIAL KENNELS Request to: • Amend the City Code Chapter 11, Section 11.02 to add a definition of “commercial kennel” and Section 11.30 to add “commercial kennel” as a permitted use in the Industrial Zoning District. C. CODE AMENDMENT-AUTOMOTIVE SERVICES Request to: • Amend the City Code Chapter 11 to add a definition of “Automotive Repair-Major and Automotive Repair-Minor”; to add “Automotive Repair-Minor” as a permitted use in the Commercial Zoning District and “Automotive Repair- Major” as a permitted use on the effective date of the code amendment; to add “Automotive Repair-Major” as a permitted use in the Industrial Zoning District. D. CODE AMENDMENT-TREE REPLACEMENT Request to: • Amend the City Code Chapter 1, Section 11.55 relating to tree replacement requirements. VII. PLANNERS’ REPORT 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, October 10, 2016 _______________________________________________________________________________ MONDAY, October 10, 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 26, 2016 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT-SCREENING & LANDSCAPE Request to: • Amend the City Code Chapter 11 relating to screening and landscape requirements. City staff has had ongoing discussions with the Planning Commission and City Council regarding the Design Standards initiative. As a part of this effort, the City is reviewing various sections of the zoning chapter, including but not limited to, the landscaping and building requirements. Staff has contracted with Hay Dobbs & Associates to help create Design Guidelines to communicate the City’s intent and expectations for development within the City, as well as, drafting amendments to the City Code to convey the requirements associated with development objectives. The primary proposed changes include: • Provides a purpose statement to the screening and landscaping section of the Code; • Defines public art; • Clarifies minimum size requirements for landscaping materials; • Requires inclusion of planting beds and/or decorative containers; • Provides a holistic and flexible approach to meeting the landscape requirements; • Requires species diversity and use of native species; • Establishes standards for parking lot islands; ANNOTATED AGENDA October 10, 2016 Page 2 • Requires parking lots to be designed to enable safe pedestrian movements between the parking areas and the building(s) it serves. Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval to amend City Code Chapter 11 based on the information included in the staff report dated October 4, 2016. B. CODE AMENDMENT-COMMERCIAL KENNELS Request to: • Amend the City Code Chapter 11 Section 11.02 to add a definition of “commercial kennel” and Section 11.30 to add “commercial kennel” as a permitted use in the Industrial Zoning Districts. City Code Chapter 11 does not define or list as a permitted use commercial kennels in any district. The kennel use historically has occurred in the industrial or commercial zoning district. Commercial kennels have characteristics of both retail and warehouse. Generally the warehouse characteristics of a kennel override the retail aspect. Since the use has more warehouse than retail components, staff is recommending that the Industrial zoning districts are the appropriate zoning district for this use. Kennel characteristics may not be conducive or compatible to commercial zoned property and best suited to industrial zoned property. Research regionally and nationally has shown it common and generally accepted for the commercial kennel to locate in the Industrial Zoning District. To remove any ambiguity from the Eden Prairie Code staff believes a code amendment to clarify location of commercial kennels in a specific zoning district is prudent. Staff recommends approval. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval amendment to City Code Chapter 11 to add a definition of commercial kennel and to add commercial kennel as a permitted use in the Industrial Zoning District based on the information in the staff report dated October 4, 2016. ANNOTATED AGENDA October 10, 2016 Page 3 C. CODE AMENDMENT-AUTOMOTIVE SERVICES Request to: • Amend the City Code Chapter 11 to add a definition of “Automotive Repair-Major and Automotive Repair – Minor”; to add “Automotive Repair-Minor” as a permitted use in the Commercial Zoning District and “Automotive Repair- Major as a permitted use on the effective date of the code amendment; to add “Automotive Repair-Major” as a permitted use in the Industrial Zoning District. City Code Chapter 11 does not define or list as a permitted use automotive repair service in any district. Automotive repair historically has occurred in the industrial or commercial zoning district. The automotive repair service has been permitted in Commercial Zoning Districts under the umbrella of retail sales and service. The automotive repair service has occurred in Industrial Zoning District under the umbrella of retail sales, compounding, assembling, warehousing. This creates ambiguity in determining the zoning district which best suits the particular service. To remove this ambiguity staff recommends a code amendment to define automatic repair service and clarify the appropriate locations for automotive repair service in specific zoning districts. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval to amend City Code Chapter 11 to add a definition of “Automotive Repair-Major” and “Automotive Repair-Minor” as a permitted use in the Commercial Zoning District and “Automotive Repair – Major” as a permitted use on the effective date of the code amendment; to add “Automotive Repair-Major” as a permitted use in the Industrial Zoning District based on the information included in the staff report dated October 4, 2016. D. CODE AMENDMENT-TREE REPLACEMENT Request to: • Amend the City Code Chapter 11 relating to tree replacement requirements. Chapter 11 of the city code contains the City of Eden Prairie’s Tree Replacement requirements. Staff has had several work session conversations with the City Council and Planning Commission regarding the need to revise the current regulations to reflect current conditions. The primary proposed changes include: • The definition of Heritage Tree and replacement requirements for Heritage Trees; ANNOTATED AGENDA October 10, 2016 Page 4 • Language that would allow tree replacement requirements to be met through a restitution program. • Exempting the TOD and Town Center zoning districts from the tree replacement requirements due to the type of development expected in these districts. Staff recommends approval. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval to amend City Code Chapter 11, Section 11.55 based on the information included in the staff report dated October 4, 2016. VIII. PLANNERS’ REPORT 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 26, 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 Acting Chair Kirk called the meeting to order at 7:00 p.m. Pieper and Stoltz were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Weber, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 12, 2016 MOTION: Higgins moved, seconded by Farr, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS VII. PLANNERS’ REPORT A. TREE PRESERVATION REQUIREMENTS Klima stated over the past few months, City Staff has had 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 PLANNING COMMISSION MINUTES September 26, 2016 Page 2 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. Klima said 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 will be required this evening. Matt Bourne presented a PowerPoint presentation. Farr asked if it is a good policy for the Public Works projects to be exempt from the tree preservation requirements. Bourne said when a large scale project is done, the Park and Recreation Department definitely meets or exceeds the requirements. In regards to the Public Works Department, staff would review this issue; but commented that most projects are storm drainage projects where it necessitates the removal of trees. Wuttke commented the Public Works Department should not be exempt from this requirement. Acting Chair Kirk asked if other Commissioners felt the same way. Klima said in regards to the Public Works Department, it may not be a development proposal that can accommodate trees but rather a corridor project. Acting Chair Kirk said he would like to see some attempt by the City to see why the requirements could not be met. Poul asked if this was modified after what other cities have done. Klima stated this is standard among cities. Higgins asked if there was a way to scope it if the Public Works Department were to take out significant trees, could money then be put into a fund. Acting Chair Kirk commented it would be beneficial to ask the Public Works Department. Klima said staff can come back to the Commission with feedback from the Public Works Department. Wuttke asked if the tree replacement constant was changed from 1.33 to .05. Bourne said this figure was not set in stone; staff is trying to propose an appropriate calculation. Klima said in discussions with the City Council, sites most likely to redevelop and the concern was opportunity for placement of trees in the future and discussion was on creating a landscape that is maintainable. Wuttke commented this number would alleviate maintenance and overcrowding. Freiberg commented he likes the idea of Heritage trees and feels they should be protected. He would like to see something to enforce keeping these old trees. Wuttke asked what the test was for the health of Heritage trees, because there could be low or shallow roots growing and if you remove significant trees around it, the tree could fall in a few years. Bourne said each tree would be looked at by a case by case consideration. Farr asked if that should be put into the Tree Ordinance. Wuttke commented the aesthetic value is also important versus just age of the tree. Acting Chair Kirk said he is hearing that Heritage trees should be preserved and also the health of the trees should be taken into consideration and asked if that could be added into the Tree Ordinance. PLANNING COMMISSION MINUTES September 26, 2016 Page 3 Wuttke asked what the current policy is with private property. Bourne said private property has been exempted under certain circumstances. Wuttke asked what the developer agreement states in regards to tree replacement. Klima said the Development Agreement requires conformance to an approved landscape plan. If trees that are part of the approved plan area removed, they would need to be replaced. Acting Chair Kirk said it makes sense what Klima said in regards to tree replacement according to the developer’s agreement. Wuttke asked who would be responsible for the tree replacement if it has been some years and/or owners later; would the current homeowner pay for tree replacement. Wuttke also commented when homeowners want to create an outdoor living environment, it may necessitate the need to take trees down. Farr asked when we are talking about how long trees are protected for, is there an average age. Bourne said there is not an average age and is dependent on different variables and can be very subjective. Wuttke said this could be part of a matrix as with the health of a tree. He commented it would be hard to put this into a one size fits all. Bourne said the City would rely on an arborist for their expertise. Acting Chair Kirk agreed. Wuttke asked about developers and what type of involvement they have had with these potential changes. Bourne said the developers were not included in discussions with the City Staff and City Council but that past concerns were taken into account. Wuttke said he feels it would be advantageous, in regards to tree replacement, to know what is current now and what is trending. Wuttke asked when the public hearing on this would be. Klima said the public hearing is scheduled for October 10, 2016. Wuttke asked if the City could meet with the developers prior to this public hearing and get their feedback. Poul concurred with what Wuttke suggested. Wuttke asked how the changes would affect farm operations. Bourne said in regards to tree expansion on these types of properties, it would have to be done case by case. Wuttke asked if the City is still promoting farm markets. Klima said the code does allow for the sale of farm produced goods. Wuttke asked, in regards to tree replacement, can we find a way to replace on a land dedicated versus paying a fine for not being able to do tree replacement and could cost be offset if the land was dedicated. Klima said when land is dedicated it is owned by the City. In regards to this, there may be an opportunity for some flexibility, but may be limited due to the statues regulating dedication, etc. Bourne commented that trees on a dedicated lot are counted in the number for tree replacement. PLANNING COMMISSION MINUTES September 26, 2016 Page 4 Acting Chair Kirk said he likes the idea where if trees cannot be replaced on a certain area, it could be replaced to another area that needs trees. Farr commented he would like to ensure that landscaping requirements are fully met. In regards to the tree replacements, he feels it should either be trees or money. Wuttke said he would like basswood and cottonwood trees put on the list of exceptions because of the extensive shedding they do and the hollowness of the trees. Freiberg asked why aspens were put on the list of exceptions. Bourne said because they are very short lived and can be messy. VIII. MEMBERS’ REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS Wuttke commented that at the end of every packet there is a schedule for upcoming meetings and their hearings. He asked that in the future when there is a discussion on a topic, such as tonight, could the public notices and future meetings not already be set up as the Commission may want more information on a topic before moving forward with suggestions. XI. ADJOURNMENT MOTION: Poul moved, seconded by Weber, to adjourn the Planning Commission meeting. Motion carried 7-0. Acting Chair Kirk adjourned the meeting at 8:29 p.m. STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 4, 2016 SUBJECT: Code Change – Landscaping & Screening BACKGROUND City staff has had ongoing discussions with the Planning Commission and City Council regarding the Design Standards initiative. As a part of this effort, the City is reviewing various sections of the zoning chapter, including but not limited to, the landscaping and building requirements. Staff has contracted with Hay Dobbs & Associates to work with staff to create Design Guidelines to communicate the City’s intent and expectations for development within the City, as well as, drafting amendments to the City Code to convey the requirements associated with development objectives. As part of this overall effort, staff is proposing amendments to the Landscaping and Screening sections of Chapter 11. Other code amendments related to building materials and architecture will be addressed at future Planning Commission meeting(s). Hay Dobbs and staff have collaborated to prepare draft text language for the Commission to consider based on the work session feedback and direction. The redlined version of these changes is attached for the Commission’s reference. The primary proposed changes include: • Provides a purpose statement to the screening and landscaping section of the Code; • Defines public art; • Clarifies minimum size requirements for landscaping materials; • Requires inclusion of planting beds and/or decorative containers; • Provides a holistic and flexible approach to meeting the landscape requirements; • Requires species diversity and use of native species; • Establishes standards for parking lot islands; • Requires parking lots to be designed to enable safe pedestrian movements between the parking areas and the building(s) it serves. Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. STAFF RECOMMENDATION Staff recommends approval of the amendments to Chapter 11 as represented in the October 4, 2016 staff report and the draft language. 1 G. Screening and Landscaping. 1. Purpose: The City recognizes landscaping and screening for its aesthetic value and as a multi-purpose functional element of a site. The requirements in this section define a minimum standard for landscaping and screening, and promote the following objectives: (a) Promote a high standard of development in the City; (b) Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues; (c) Promote sustainable practices that protect and conserve natural resources, and create healthy landscapes; (d) Promote landscape design that includes a diversity of plant species, pollinator-friendly species, color, and year-round interest, and enhances the structures and paved areas of the site; (e) Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses; (f) Activate and define public and private spaces; (g) Enhance the pedestrian experience; (h) Support storm water infiltration and improvements in ground water quality, in conjunction with Section 11.55 Land Alteration, Tree Preservation and Storm Water Management Regulations, and support materials and design that reduce water usage. The City’s Design Guidelines provide further landscape design intent and should be used as a reference. 21. 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. (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, perennial grasses, 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 (2½) 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 Formatted: Indent: Left: 0.5", First line: 0" 2 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 (l) 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 (n) Public Art: Public art shall mean an original work of art that is a form of non-commercial speech that is not Commercial Speech as the same is defined in City Code Section 11.70, Subd. 2 and that is accessible to the public determined through a city review process. It may include permanent visual art, performances, installations, events and other temporary works, preservation or restoration of unique architectural features, ornamentation or details. It may also include the artist-designed infrastructure and structures themselves. It does not include Commercial Speech adverstising and/or signage. Public art may possess functional as well as aesthetic qualities and may be integrated into the site or be a discrete work. 32. 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 Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Indent: First line: 0" 3 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. 43. 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 (1½) 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. 54. 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 (2½) caliper inches and a maximum of five (5) caliper inches; deciduous understory trees shall be a minimum of one and one-half (1½) caliper inches and a maximum of five (5) caliper incheses; coniferous trees shall be a minimum of six (6) feet in height and a maximum of ten (10) feet in height; shrubs shall be a minimum five (5) gallon container size at planting; perennial grasses and flowers shall be a minimum one (1) gallon container size at planting; ground covers shall be a minimum four (4) inch pot size at planting.. (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 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: i. No more than eighty percent (80%) of trees may be of the minimum size requirement. ii. For the purposes of satisfying the total caliper inch requirement, coniferous trees maycan be considered equivalent to overstory trees by dividing the height of a coniferous tree 6 ft. height minimum by 2.4 to determine equivalent caliper inches. iii. Understory trees can may make up no more than twenty percent (20%) of the total tree caliper inches required. iv. Shrubs, perennials, or planting beds may be substituted for trees according to the following limit: not less than ten percent (10%) and no more than twenty-five percent (25%) of the total tree caliper inches required shall be replaced with Shrubs and Perennials, or Planting Beds. Additional shrubs, perennials or planting beds beyond the 25% substitution rate are allowed. 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. PLANT MATERIAL SIZES (IN CALIPER INCHES) Building Height (Stories) 2.5 3.0 3.5 4.0 4.5 5.0 1 70% 10% 10% 10% --- --- Formatted: Indent: Left: 0", First line: 0" Formatted: Justified, Widow/Orphan control, Tab stops: -1", Left + -0.5", Left + 0", Left + 0.5", Left + 1", Left + 1.5", Left + 2", Left + 2.5", Left + 3", Left + 3.5", Left + 4", Left + 4.5", Left + 5", Left + 5.5", Left + 6", Left + 6.5", Left Formatted Table 4 PLANT MATERIAL SIZES (IN CALIPER INCHES) 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 caliper 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) Shrubs and Perennials: Shrubs and perennials shall be provided to complete a quality landscape treatment of the site. Replacement ratio: six (6) shrubs may replace three (3) caliper inches of tree. (d) Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year-round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. Planting Beds must have a three (3) inch mulch application to bare soil surrounding the plant material in order to qualify for the caliper inch replacement. (e) Planting beds and/or decorative planting containers may replace up to twenty-five percent (25%) of the required caliper inches for trees at a rate of three (3) caliper inches of trees per five hundred (500) square feet of cumulative planting beds and/or decorative planting containers. Planting beds and/or decorative planting containers must be planted annually in early spring and maintained throughout the growing season. Planting beds and/or decorative containers shall be planted with spacing of species per industry standards. (e) Species Diversity: Species diversity is required to ensure a long-term healthy landscape. Not more than thirty percent (30%) of the required number of trees shall be composed of one species unless approved by the City. Plant material must be sourced from regional nurseries to ensure healthy stock and non-invasive choices. The following trees are prohibited: a species of the genus ulmus (elm), except those bred to be immune to Dutch Elm disease; female gingko; box elder; willow; aspen. (g) Naturalized Native Species: Native species, defined as those listed on the University of Minnesota and MN Department of Natural Resources lists, are well adapted to the local environment, require less maintenance, are healthier, and provide habitat for birds and insects. Landscapes that include native and pollinator-friendly plant species, and provide year-round interest with foliage color, flowers, fruits, or branching structure are required. landscaping that is low maintenance and requires little or no irrigation, shall be considered as one of several grounds upon which the City Council may grant waivers from building design or site design through the PUD process. (hc) Planting Parking Lot Islands: Planting Parking lot islands shall be required in lots of twenty (20) or more spaces to beautify and visually break up expanses of hard surfaces; to provide shade and reduce heat island effect; to aid in storm water management by providing pervious surface; and shall be evenly distributed throughout the lot. A parking Formatted Table Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" 5 lot island shall be a minimum of one hundred sixty (160) square feet, shall stand-alone or be connected to other islands or sidewalks. No parking lot island shall have any dimension less than five (5) feet. Parking lot islands shall be located at the end of drive aisle rows and every 20 spaces. Five percent (5%) of the parking area, including vehicular circulation areas, shall be comprised of parking lot islands that are planted and not filled with only mulch, stone or paving. Planting requirements are the same as those for Planting Beds. (id) 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. (je) Sodding and Ground Cover: All open areas of a site not occupied by building, parking, or storage shall be landscaped with a combination of canopy trees, ornamental trees, evergreen trees, shrubs, perennial grasses, flowers, sod, ground cover – including low/no mow grasses and perennials – and other design features to ensure soil stabilization. sodded. Exceptions to this are seeding of future expansion areas as shown on approved plans; undisturbed areas containing existing natural vegetation which shall 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. (kf) 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. (lg) Installation and Maintenance of Materials: The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sodding. Responsibility for tree and plant growth and maintenance is solely the responsibility of the property owner and runs with the land and is binding on all future property owners. Owners shall be responsible for maintaining all landscaping in a healthy condition and keeping it free from refuse and debris. Dead plant materials shall be removed and replaced during the normal planting season. Materials must be replaced with like species or as approved by city staff. (mh) Erosion Control: All areas of the site must be stabilized in accordance with Chapter 11.55 unless required otherwise in a federal, state or local permit. 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 ponding areas. (ni) 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 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. (oj) 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 (pk) Mechanical Equipment Screening: 6 (1) All mechanical equipment mounted on the exterior of a building and possessing one or more of the characteristics listed below in k.p3. 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 k.3. 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. (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 (ql) 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 at maturity. (1) Well defined breaks in the screen along public roads are required to facilitate pedestrian access from the public right of way to the building. These openings shall align with the parking lot layout requirements for pedestrian access (Section 11.03 Subd 3. H 5 e) and shall be in addition to driveways or visually distinctive if adjacent to a driveway. Connections to adjacent uses must be facilitated as determined through approval process. (2) Appropriate elements to include in screening proposals for parking lots along public roads include transit shelters, benches, public art or similar features as part of the screen. (3) Parking lot screening shall be a minimum of three (3) feet in height, measured from the parking lot surface, in order to screen cars and headlights, and shall allow breaks for pedestrian connections as described in q (1). Source: Ordinance No. 4-2015 Effective Date: 5-14-2015 Prev. Ordinance No. 15-85 Effective Date: 5-29-85 (rm) General Landscape for Residential Districts: In R1-44, R1-22, R1-13.5, R1-9.5, and RM-6.5 and RM-2.5 districts all exposed ground area surrounding the principal building and accessory buildings 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. 7 (s) Public Art: Integration of public art into private development, in addition to privately owned amenities such as plazas, courtyards, fountains, outdoor art, roof top gardens and green roofs and other decorative elements, which enhances the design of the landscaping may be considered as one of several grounds upon which the City Council may grant waivers from landscaping requirements through the PUD process. Public art on a site should be situated in a way that it can be viewed from an adjacent right-of-way. Source: Ordinance No. 9-87 Effective Date: 5-7-87 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, loading areas 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 front side yard closest to the street. (e) Layout: Parking lots shall be designed to allow pedestrians to safely move from their vehicles or from the public right of way to the building. Pedestrian walkways/corridors/sidewalks shall be created at the perimeter of the parking lot and/or within the parking lot to provide connection to the primary building and, when applicable, to adjacent sites. Said sidewalks shall be a minimum of five (5) feet in width. These corridors can be delineated by landscaping and parking lot islands, striping, and/or a paving material that differs from that of vehicular areas. The corridors shall align with breaks in parking lot screening as required in Section 11.03 Subd. 3 G. 4 (q) 1. Source: Ordinance No. 72-84 Effective Date: 4-5-84 STAFF REPORT: TO: Planning Commission FROM: Steve Durham, Planner II DATE: October 4, 2016 SUBJECT: Code Change – Commercial Kennels BACKGROUND: Commercial kennels may have characteristics of a retail and warehouse use. Generally the warehouse characteristics override the retail aspects of a commercial kennel. In Eden Prairie Commercial kennels have occurred in the Industrial Zoning Districts and in the Commercial Zoning Districts. Research regionally and nationally has shown it common and generally accepted for the Commercial Kennel to be located in the Industrial Zoning Districts. To remove any ambiguity for the Eden Prairie Code staff believes a code amendment to clarify location of commercial kennels is prudent. Commercial kennels by their nature require a large indoor area to house animals including sleeping areas, play areas, feeding areas and areas for natural body functions. In addition, outdoor areas are needed. Noise may be an issue related to the use. These general characteristics may not be conducive or compatible to commercial zoned property and best suited to industrial zoned property. Currently there is an existing commercial kennel approved via a Planned Unit Development in the Commercial Regional Services District that operates exclusively on a single property. If the code amendment is ultimately approved, this use would be classified as a Legal Non-Conforming use and would be protected under non-conforming state law. PROPOSED CODE CHANGE: The following definition is proposed to be added to Section 11.02. "Commercial Kennel" means a place where any number of dogs and/or cats of any age are kept, confined, or congregated for the purpose of selling, boarding, breeding, training, treating or grooming. A Commercial Kennel does not include a Private kennel as defined in City Code, Chapter 5, Section 5.60, Subd. 2, D. Commercial Kennel is proposed to be added as a permitted use in Section 11.30, Industrial Districts. STAFF RECOMMENDATION: Staff recommends approval of the amendment to City Code, Chapter 11, Section 11.02 entitled “Definitions,” and Section 11.30 entitled “Industrial Districts,” Subd. 2 as represented in the October 4, 2016 staff report. STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: October 4, 2016 SUBJECT: Code Change –Automotive Repair Service BACKGROUND: Automotive repair service has occurred within the Commercial and Industrial Zoning Districts in Eden Prairie as far back as Ordinance #8 established in 1958. The automotive repair service has been permitted in Commercial Zoning Districts under the umbrella of retail sales and service. The automotive repair service has occurred in Industrial Zoning District under the umbrella of retail sales, compounding, assembling, warehousing. It is recognized automotive repair service includes a wide variety of services from major auto repair to minor auto repair. DISCUSSION: Current code does not define automotive repair service. This creates ambiguity in determining the zoning district that best suits the particular service. To remove this ambiguity for staff and public staff recommends a code amendment to define automotive repair service and clarify the appropriate locations for automotive repair service in specific zoning districts. Staff has conducted a regional and national search for automotive repair services definitions and found most codes identify Automotive Repair Service - Major and Automotive Repair Services - Minor. The research also included locations where these two services are permitted. In general Automotive Repair Service - Major locate in Industrial Zoning Districts whereas, Automotive Repair Services - Minor locate in Commercial Zoning Districts. Staff is recommending that the City Code be amended consistent with these findings. Staff proposes two definitions to be added to City Code: “Automotive Repair Services - Major” – Those services, where the primary use involves; engine rebuilding or major assembling and reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame, or fender straightening or repair; overall painting; and any activity defined as “automotive repair - minor.” “Automotive Repair Services – Minor” – those services, where the primary use involves; incidental repairs, replacement of parts such as tires, brakes, transmissions, mufflers, exhaust systems, and batteries; tire sales; and lubrication; filter replacement; oil change and other similar services; but shall not include any other operation specified under “automotive repair- Staff Report – Code Amendment Automotive Repair Service October 4, 2016 Page 2 2 major”. Staff also proposes Section 11.30, Industrial Districts be amended to include automotive repair services –major as a permitted use in the Industrial zoning districts when the use is conducted exclusively in an enclosed building. Staff proposes that within the Commercial zoning districts listed in City Code Section 11.25, automotive repair services – minor be added as a permitted use when the use is conducted exclusively in an enclosed building. Automotive repair services – major conducted entirely in an enclosed building is proposed to be added as a permitted use for those uses existing at the time of City Council first reading of the proposed ordinance. The purpose of the proposed code amendment will be to:  Remove ambiguity surrounding automotive repair service uses and the appropriate zoning district to location.  Will support policy that automotive repair services Major or Minor are not permitted in the TC or TOD zoning districts.  Provide for existing Automotive Repair Service establishments with “minor” characteristics to remain in the Commercial Districts.  Provide for existing Automotive Repair Services establishments with “Major” characteristics to remain in the Commercial Zoning Districts by an established date. The use does not become non-conforming.  Provide for existing and future automotive repair services with “major” characteristics to locate in the Industrial Zoning Districts and remove ambiguity on the uses within the Industrial Zoning District. STAFF RECOMMENDATION: Staff recommends approval of the amendment to City Code, Chapter 11, Section 11.02 entitled Definitions and Section 11.25 entitled C-Commercial Districts, Sub 2. And Section 11.30 entitled I-Industrial, Subd. 2 as represented in the Planning Commission Staff report dated October 4, 2016. STAFF REPORT: TO: Planning Commission FROM: Matt Bourne, Parks and Natural Resources Manager DATE: October 4, 2016 SUBJECT: Code Change – Tree Replacement BACKGROUND Chapter 11 of the city code contains the City of Eden Prairie’s Tree Replacement requirements. Staff has had several work session conversations with the City Council and Planning Commission regarding the need to revise the current regulations to reflect current conditions. Staff has prepared draft text language for the Commission to consider based on the work session feedback and direction. The primary proposed changes include: • The definition of Heritage Tree and replacement requirements for Heritage Trees; • Language that would allow tree replacement requirements to be met through a restitution program. • Exempting the TOD and Town Center zoning districts from the tree replacement requirements due to the type of development expected in these districts. Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. CODE CHANGE Please see the attached redlined version of Chapter 11 for the proposed changes to Section 11.55 of the City Code. STAFF RECOMMENDATION Staff recommends approval of the amendments to Section 11.55 as represented in the October 4, 2016 staff report and the draft language. SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. Ordinance No. 7-2015 Effective Date: 6-25-2015 Prev. 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. 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. 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. 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. YZ. New Development. All Construction Activity that is not defined as Redevelopment. 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. 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. BBCC. Owner. Any person having a sufficient proprietary interest in the land for which a permit is or may be issued under this Section. CCDD. Permit. A Land Alteration Permit or a Building Permit. DDEE. Permittee. The holder of a Permit pursuant to this Section. 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 Seq., or the Clean Air Act, 42 U.S.C. §7401 et Seq.; (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. FFGG. Redevelopment. Any Construction Activity where, prior to start of construction, the areas to be disturbed have 15% or more of impervious surface(s). GGHH. 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. HHII. Root Zone. The area under a tree which is at and within the Drip Line of a Canopy of a Tree. 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. 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. KKLL. Sedimentation. The process or action of depositing Sediment. LLMM. 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 or greater. MMNN. Site. The area of Land within which Land Alteration occurs or is to occur. NNOO. 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. PPQQ. 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. RRSS. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof. SSTT. 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. 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. In the event more than 10% of the Significant Trees on the Site are to be removed, the Permittee shall also comply with Subd. 4 of this Section. Failure to comply with Subds. 4, 5, and 7 of this Section if applicable, will subject the Permittee to the provisions of Subd. 7.J of this Section. The application for the Building Permit shall include a Certificate of Survey, including a map of the Erosion Control Measures which will be provided, and must be pre-approved in writing by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition, driveway or deck. C. General Exemptions. The following Land Alterations are exempt from the requirements for a Permit: 1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit which was approved by the City prior to April 21, 2015 and which has not expired. 2. Movement of less than 100 cubic yards of earth. 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 lots 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. 56. 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. 78. 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. 1011. 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. 1112. 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 lot previously platted and developed, the Significant Tree must be replaced with one (1) tree, subject to the conditions on location, size, timing, health and source outilined below. Heritage Trees shall not be removed without the written consent from the City, with possible replacement requirements as determined by City staff. 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 successor in interest by planting that number of trees (Replacement Trees) determined in accordance with the following formulacriteria: 1. Replacement Significant Tree replacement formula: A = Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration Formatted: Left, Space After: 10 pt, Line spacing: Multiple 1.15 li, Tab stops: Not at -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" Formatted: Font: Not Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, Indent: Left: 0.75", First line: 0" Formatted: List Paragraph, Indent: Left: 0", First line: 0" 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 = 16060 [(337/943) x 1.330.5] x 337 = 16060 Heritage trees that are lost or damaged are to be replaced at a ratio of 2 caliper inches per Diameter-inch. 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 For every one (1) caliper inch of replacement tree requirement not met with plantings, the Permittee must provide restitution to the City in the amount required in the adopted fee schedule at the time of issuance of the Land Alteration Permit. The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 12 of this Section. C. Location of Replacement Trees. Replacement Trees shall be planted in one or more of the following areas on the Land: 1. Restoration areas including steep slopes. 2. Outlots or common areas. 3. Buffer zones between different land uses and/or activities. 4. Project entrance areas. 5. Wetland Buffer Areas 6. Stormwater BMPs designed according to Subd. 6. 7. Any other part of the Land except areas dedicated or conveyed to the City, unless the City consents in writing. D. Sizes and Types of Replacement Trees. Replacement Trees must be no less than the following sizes: 1. Deciduous trees - no less than three two and one half (32.5) Caliper Inches. 2. Coniferous trees - no less than seven six (76) 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 Formatted: Indent: Left: 0.5" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0.75" Formatted: Font: (Default) Times New Roman, 10 pt Formatted: Indent: Left: 0" 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). 1 PROJECT PROFILE – OCTOBER 10, 2016 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 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 09-22-16 Resident Notice Date N/A Meeting Date 10-10-16 Notice to Paper Date 00/00/15 Resident Notice Date N/A 1st Meeting Date 00/00/15 2nd Meeting Date 2. CODE AMENDMENT RELATED TO AUTOMOTIVE 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 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 09-22-16 Resident Notice Date N/A Meeting Date 10-10-16 Notice to Paper Date 00/00/15 Resident Notice Date N/A 1st Meeting Date 00/00/15 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 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 09-22-16 Resident Notice Date N/A Meeting Date 10-10-16 Notice to Paper Date 00/00/15 Resident Notice Date N/A 1st Meeting Date 00/00/15 2nd Meeting Date 4. CODE AMENDMENT RELATED TO TREE REPLACEMENT (2016-16) (JULIE) Public Hearing amending City Code, Chapter 11relating to tree replacement requirement Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted 09-19-16 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 09-22-16 Resident Notice Date N/A Meeting Date 10-10-16 Notice to Paper Date 00/00/15 Resident Notice Date N/A 1st Meeting Date 00/00/15 2nd Meeting Date 2 CONSERVATION COMMISSION – OCTOBER 11, 2016 HERITAGE PRESERVATION COMMISSION – OCTOBER 17, 2016 JOINT MEETING WITH EP HISTORICAL SOCIETY AT CUMMINS GRILL HOUSE -13600 PIONNER TRAIL CITY COUNCIL CONSENT – OCTOBER 18, 2016 1. 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 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 11/19/15 Resident Notice Date N/A Meeting Date 12/07/15 Notice to Paper Date 00/00/15 Resident Notice Date N/A 1st Meeting Date 10/04/16 2nd Meeting Date 10/18/16 PLANNING COMMISSION – OCTOBER 24, 2016 1. CODE AMENDMENT RELATED TO BUILDING MATERIALS & ARCHITECTURE (2016-17) (JULIE) Public Hearing amending City Code, Chapter 11 relating to Building Materials & Architecture Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted 09/30/16 Date Complete N/A 120 Day Deadline N/A Initial DRC review N/A Notice to Paper Date 10/06/16 Resident Notice Date N/A Meeting Date 10/24/16 Notice to Paper Date 00/00/15 Resident Notice Date N/A 1st Meeting Date 00/00/15 2nd Meeting Date CITY COUNCIL PUBLIC HEARING – NOVEMBER 1, 2016 PLANNING COMMISSION – NOVEMBER 14, 2016 3 CITY COUNCIL CONSENT – TBD 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 Date Complete 08/02/16 120 Day Deadline 11/30/16 Initial DRC review 07/28/16 Notice to Paper Date 08/04/16 Resident Notice Date 08/05/16 Meeting Date 08/22/16 Notice to Paper Date 09/22/16 Resident Notice Date 09/23/16 1st Meeting Date 10/4/16 2nd Meeting Date 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 Date Complete 00/00/15 120 Day Deadline 00/00/15 Initial DRC review 00/00/15 Notice to Paper Date 11/19/15 Resident Notice Date 11/20/15 Meeting Date 12/07/15 Notice to Paper Date 12/17/15 Resident Notice Date 12/18/15 1st Meeting Date 01/05/16 2nd Meeting Date 4 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 Date Complete 10/28/15 120 Day Deadline N/A Initial DRC review 11/05/15 Notice to Paper Date 11/19/15 Resident Notice Date 11/20/15 Meeting Date 12/07/15 Notice to Paper Date 12/17/15 Resident Notice Date 12/18/15 1st Meeting Date 01/05/16 2nd Meeting Date 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: John Brehm – 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 Date Complete 00/00/16 120 Day Deadline 00/00/16 Initial DRC review 09/01/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 Meeting Date 00/00/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 1st Meeting Date 00/00/16 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 Date Complete 09/13/16 120 Day Deadline 01/11/17 Initial DRC review 09/01/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 Meeting Date 00/00/16 Notice to Paper Date 00/00/16 Resident Notice Date 00/00/16 1st Meeting Date 00/00/16 2nd Meeting Date 00/00/16 5 APPROVED VARIANCES TELECOMMUNICATION PROJECTS