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HomeMy WebLinkAboutPlanning Commission - 10/23/2017 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, October 23, 2017 - 7:00 P.M. PLANNING COMMISSION MEMBERS: John Kirk, Charles Weber, Travis Wuttke, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal 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 October 9, 2017 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT – SELF STORAGE FACILITIES (CONTINUED ITEM) Request to: • Amend City Code Chapter 11, related to self-storage facilities. B. CODE AMENDMENT – CONDITIONAL USE PERMITS Request to: • Amend City Code Chapter 11, related to conditional use permits. VII. PLANNERS’ REPORT A. COUNCIL WORKSESSION DECEMBER 12, 2017 – ASPIRE VIII. MEMBERS’ REPORTS IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 9, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Kirk was absent. IIII. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Higgins, to approve the agenda. Motion carried 8-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, SEPTEMBER 11, 2017 Wuttke had a change on page 1, paragraph 2, fourth sentence. He would like a quotation at the end of the sentence. Wuttke had a change on page 3, paragraph 5, first sentence. He would like it to read, “Wuttke commented there are more buildings in Eden Prairie then shown on the provided map and asked if the City is limiting itself by having this ordinance.” Wuttke had a change on page 3, paragraph 5, ninth sentence. He would like it to read, “Wuttke asked if the City is limiting itself by this proposed ordinance for individuals that want to store vehicles off of the LRT line.” PLANNING COMMISSION MINUTES October 9, 2017 Page 2 MOTION: Wuttke moved, seconded by Weber, to approve the minutes as amended. Motion carried 8-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. VARIANCE #2017-02 Request to: • Permit an accessory garage structure 10 feet from the east side lot line and 10 feet from the rear south lot line. City Code requires a 30-foot accessory structure setback from the side and rear lot line in the Rural Zoning District. Craig Diederichs, resident and proponent of 9551 Riverview Road, presented his proposal for the variance request. He stated he is requesting a variance to build a 24’ wide by 36’ long garage with 10’ setbacks from the east and south property lines and the septic fields to the west. He pointed out the original garage was 24’ by 24’ and the car port was 20’ by 21’ and pointed out the home was built in 1958. The garage has since deteriorated. The asphalt floor was not level in the car port area which allowed for water pooling and there was also rotted eves throughout. Because of this, the original garage and car port were removed. Mr. Diederichs said the only other possible location for the garage would be where there are three large oak trees between 90 and 110 years old and they would have to be removed to construct the garage. This would not be a good option. Mr. Diederichs asked that the Commission approve his variance request this evening. Chair Pieper asked Klima to review the staff report. Klima said Mr. Diederichs is requesting a variance for side and rear lot lines. The property is encumbered by location of the mature trees, home and septic area. Based on those items staff recommendation is for approval and the variance request passes the three part test. DeSanctis asked Mr. Diederichs what the siding will consist of. Mr. Diederichs stated it will consist of fiber cement board materials. Frieberg asked if there were any neighbor objections. Klima said she has not received any objections to this proposal. Weber asked what the setbacks would be if this was zoned R-1. Klima said if this was zoned R-1 in the future, the setback requirement would be 10’ and the variance, if approved, would be compliant. This parcel currently cannot be zoned R-1 because sewer has to be available. Chair Pieper opened the meeting up for public input. There was no input. PLANNING COMMISSION MINUTES October 9, 2017 Page 3 Wuttke asked if the previous garage was a zero lot line setback. Klima said the previous garage had a zero foot setback on the rear lot line and a 10 foot setback on the side lot line, so the proposed request is closer to compliance. Wuttke asked how that would work if a portion of the garage would still be there and it would be a zero lot line for one side would a variance be enacted for the other lot line. Klima said a variance request would have to be submitted for a zero lot line but at that time both lot lines would be discussed and documented. MOTION: Weber moved, seconded by Wuttke, to close the public hearing. Motion carried 8-0. MOTION: Weber moved, seconded by Wuttke, to approve Variance #2017-02 based on the information included in the staff report dated October 4, 2017 and its attachments. Motion carried 8-0. VIII. PLANNERS’ REPORT There was no report. IX. MEMBERS’ REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 8-0. Chair Pieper adjourned the meeting at 7:18 p.m. STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: October 18, 2017 SUBJECT: Code Amendment – Self-Storage Facilities BACKGROUND: Planning Commission reviewed a code amendment related to self-storage facilities at its September 11, 2017 meeting. At the September 11 meeting, staff recommended approval of a text amendment to define self-storage facilities and list them as a permitted use in the I-GEN district. The item was continued to allow the opportunity for additional Planning Commission members to provide input and in order for staff to provide additional information on the following topics: information related to zoning districts; architectural standards/process; and economics. Please see the attached Planning Commission Staff Report dated September 9, 2017 for the initial information shared with the Commission. DISCUSSION: Zoning Districts: Attached are maps of Eden Prairie highlighting the locations of properties within the industrial and commercial zoning districts. There is a total of 1,328.5 acres zoned industrial and 644.1 acres zoned commercial (excluding TOD/TC areas). The chart below provides the industrial zoning district and commercial districts acreage. Zoning District Acres I-GEN District 57.3 I-5 District 373.4 I-2 District 897.8 Commercial Districts (all commercial districts excluding TOD/TC) 644.1 As shown in the table, the City has twice as much acreage zoned for industrial uses as it does for commercial uses. A substantial amount of the property zoned I2 and I5 is located within the Golden Triangle Area (GTA). The Comprehensive Plan provides for the anticipated redevelopment of the GTA to include higher density residential development, provide for additional accessibility and connectivity to enhance transit and pedestrian accessibility, and continuation of industrial, research and development, and office-tech uses. In 2004, the City conducted the Golden Triangle Area Study. This study evaluated alternative land use patterns and road and transit improvements that would lessen traffic congestion while allowing continued redevelopment. The study resulted in a preferred land use plan that includes a mixed use development node near the future LRT station and the addition of housing units. The plan also shows future land use outside of the mixed use areas as industrial-office uses with the potential for higher intensity office or residential uses. Self-storage facilities are traditionally low intensity, include 2 secured access, and generate minimal employment opportunities. The use does not promote pedestrian connections, activated spaces, or redevelopment opportunities. The development of additional self- storage facilities in this area would not support the policies set forth in the Comprehensive Plan. The majority of commercial zoned parcels are in close proximity to Prairie Center Drive or located within small hubs in the eastern or western portion of the City. The smaller commercial hubs are adjacent to residential areas providing essential daily retail services and employment opportunity. Preservation of guided and zoned commercial property to enrich retail services in concentrated populated areas along with employment opportunity is a directive of the Comprehensive Plan. Current self-storage facilities in Eden Prairie occupy/provide: Building square feet of self-storage/Land Area Acreage Approximate number of self-storage units 376,594 square feet building area/ 19.95 acres 2000 units The self-storage units are of varying sizes. No facilities have outdoor storage. As stated in the Sept. 11, 2017 memorandum, three of these facilities are located in the I2 zone and one is located in Com-Reg-Ser zoning district. Architectural Standards & Process: Eden Prairie’s exterior building material requirements are based on the underlying zoning district. In the Industrial and Commercial districts, buildings are required to have 75% Class I material and 25% Class II materials. Please see below for research regarding how other metropolitan communities address architecture and locations for self-storage facilities. None of the surveyed communities provided for architectural standards specific to self-storage facilities. All communities applied the architectural requirements of the corresponding zoning district. The percent of required Class I and Class II building material for those communities was similar to that required in Eden Prairie. Three self-storage properties in Eden Prairie are enclosed by a fence with secured entry access/exit to the property. One facility has access to the storage unit by either interior or exterior access and is not fenced. According to on-line research the self-storage industry standard is to have secured property and secured access generally by electronic means. City Location Permitted Architectural Standards Minnetonka Permitted use in Industrial (I1) District only Standard architectural requirements applied Woodbury CUP in Business Campus District – not allowed along arterial or collector streets Standard architectural requirements applied Chanhassen Permitted use in Industrial District; CUP in Business Standard architectural requirements applied 3 Fringe District Burnsville Permitted use in Industrial Districts and Highway Commercial District Standard architectural requirements applied Plymouth Permitted Use in Industrial Districts Standard architectural requirements applied Eden Prairie’s City Code does not utilize Conditional Use Permits (CUP) in the same manner that many other communities do. Historically, the City of Eden Prairie has utilized the Planned Unit Development (PUD) process and Development Agreements to accomplish similar goals and outcomes. Economics: According to the Self-Storage Association’s, “Self-Storage Introductory Guide,” the average number of employees in the Midwest is 3.21 employees per facility and the national average is 3.22. Reported National Salary, by Pay Scale Human Capital.com, indicates a facility manager at approximately $30,000 a year. STAFF RECOMMENDATION: The code amendment is proposed to define and list self-storage facility as a permitted use in the Industrial I-Gen district in order to preserve commercial properties for the highest and best commercial use. The I-2 and I-5 Industrial Districts would be preserved for office/high tech uses. Staff recommends the following self-storage facility definition: “Self-Storage Facility” - A building or group of buildings designed and used for the leasing of compartmentalized individual storage space to tenants who have controlled and secure access for the sole purpose of storing personal property which is not held or offered for current or future sale. Recommend approval of the following: Amend Section 11.02 Definitions to include a definition for Self-Storage Facility; Amend Section 11.30 Industrial District include Self-Storage Facility as a permitted use in the Industrial (I-Gen) district, as represented in the Planning Commission Staff report dated September 6, 2017 and Planning Commission Staff Report dated October 18, 2017. RD RD NE RD RD NE NE RD RD NE RD NE RD NE NE NE RD NE NE NE NE Industrial I-Gen properties ¯0 0.55 1.1 1.65 2.20.275 Miles RD RD NE RD RD NE NE RD RD NE RD NE RD NE NE NE RD NE NE NE NE Industrial I-5 properties ¯0 0.55 1.1 1.65 2.20.275 Miles RD RD NE RD RD NE NE RD RD NE RD NE RD NE NE NE RD NE NE NE NE Industrial I-2 properties ¯0 0.55 1.1 1.65 2.20.275 Miles RD NE RD NE RD NE RD NE RD NE NE NE NE NE NE Commercial Zoned PropertyExcluding TC and TOD ¯0 0.4 0.8 1.2 1.60.2 Miles STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: September 6, 2017 SUBJECT: Code Amendment – Self-Storage Facilities BACKGROUND: Self-storage facilities, also known as mini-storage, have historically been permitted the Industrial zoning districts under the permitted use of warehouse. Currently there are three (3) self-storage facilities in the I-2 zoning district all developed prior to 2000. One (1) self-storage facility is located in the Commercial Regional Service (C-Reg-Ser) zoning district. City Code does not define self-storage nor specifically identify as a permitted use where self-storage facilities may locate. DISCUSSION: Staff has conducted a regional and local review of city codes related to self-storage facilities. The term self-storage facility is the preferred terminology noted in city codes and in the self-storage industry. The local and national research reveals self-storage facilities generally occur in the industrial and/or commercial districts as determined by local controls and there are varying degrees of architectural and exterior building material requirements again as determined by a city. The traditional self-storage facilities developed in Eden Prairie in the 1970’s, 80’s and 90’s generally have industrial type architecture and building materials with overhead doors. Industrial I-2, I-5 and the commercial zoning districts do no permit outdoor storage for items such as recreational vehicles, automobiles, etc. The one facility located in the commercial zoning district was designed to have architectural features and exterior building materials of commercial character and is vertically designed with elevators and drive-in bays for loading and unloading. This code amendment proposed to define and list self-storage facility as a permitted use in the Industrial I-Gen district in order to preserve commercial properties for the highest and best commercial use. The I- 2 and I-5 Industrial Districts would be preserved for office/high tech uses. Staff recommends the following self-storage facility definition: “Self-Storage Facility” - A building or group of buildings designed and used for the leasing of compartmentalized individual storage space to tenants who have controlled and secure access for the sole purpose of storing personal property which is not held or offered for current or future sale. 2 If this amendment is approved, the existing four (4) self-storage facilities would become non- conforming, but would be able to remain and be maintained, but not expand consistent with the non- conforming use language in City Code and State Statute. The existing property owners of self-storage facilities have been notified via US mail and letter of the proposed code change. Attached is a map locating the existing self-storage facilities locations and the I-Gen sites within the City. STAFF RECOMMENDATION: Staff recommends approval of the following: Amend Section 11.02 Definitions to include a definition for Self-Storage Facility; Amend Section 11.30 Industrial District include Self-Storage Facility as a permitted use in the Industrial (I-Gen) district, as represented in the Planning Commission Staff report dated September 6, 2017. October 16,2017 Mr. Steve Durham (Planning Board) Planning Department City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Self-Storage Facility Code Amendment Dear Planning Staff and Board, I have taken the time to review your proposed code amendment language and watched the video of the Planning Board Meeting of Sept 11th. As I work with many municipalities around this great country in developing self-storage facilities both from underutilized buildings and unused land parcels I understand the genesis of the proposal. However, I offer that the plight of the existing 4 facilities has not been sufficiently considered Making the four existing storage properties "non-conforming" through this code amendment does not only affect the possibility of expansion in the future. The designation will affect the ability to refinance, insure, rebuild after a calamity, and remodel the properties. That is an undue hardship and penalty levied on businesses that have been successfully operating in your community for over 20 years. Eden Prairie, in my opinion, has sufficient processes in place to control the development of new self-storage businesses. My team looks for sites with the best metrics (location, size, price) to serve our customer base. As was stated during the previous meeting "Self-Storage is more of a commercial use than an industrial use". I can't agree more with that line of thought. All our new development projects are typically multi-story with interior loading. ln fact, we just opened a facility in Burnsville on Co Hwy 42 (commercial corridor) to much success and praise from our customers and the City. I ask you to please table the code amendrnent as the harmful effects of the change to the existing businesses vastly outweigh the perceived benefit of controlling the location of a business use that does not fit correctly into an lndustrial General use district. Should you have any questions please contact me at (847) 235-8931 Sincerely, Robert He man VP of Development Licensed Architect Metro Storage LLC 13528 Boulton Boulevard Lake Forest, lL 60045 847-235-8900 Fax:847-235-8901 www.metrostorage.com STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 19, 2017 SUBJECT: Code Amendment – Conditional Use Permits BACKGROUND In May 2017, the Minnesota State Legislature adopted a state law relating to siting of small wireless telecommunication facilities in public rights-of-way. The new law grants wireless providers the ability to locate their facilities as a permitted use in the right-of-way, except that a City may require a conditional use permit (CUP) to install a new support structure(s) in single family residential zoning districts. As this is a new provision in state law, the Zoning Ordinance needs to be amended to align with the new State regulations. City staff has worked with the City Attorney to draft the attached code amendments. The proposed code amendments include revisions to: • Section 11.02 (Definitions) to align City Code definitions with those used in state law regarding wireless communication services and equipment; • Section 11.03, Subd.3 (Special Requirements) and Subd. 6 (Site Plan and Architectural Design Review) to include references to wireless services; • Section 11.06 (Towers And Antennas) to clarify that facilities may be subject to review of a Conditional Use Permit; and • Section 11.41 (Conditional Use Permits) to establish wireless support structures as a conditional use and eliminate Major Center Area as a conditional use category. The Major Center Area conditional use permit category was established to address the transition of uses from residential to those consistent with the Major Center Area plan. Due to development that has occurred over time within the designated areas, the provision for Major Center Area CUP’s is no longer applicable and staff proposes to strike the corresponding language. Section 11.41 also includes housekeeping amendments to address the duration of conditional use permits. Current language provides for an approval period of 5 years. The proposed language allows for conditional use permits to remain in effect so long as the conditions of approval are adhered to and provides for the opportunity for the City to review as necessary. STAFF RECOMMENDATION Staff recommends approval of the Ordinance amending Chapter 11 related to Conditional Use Permits, Definitions, Site Plan and Architectural Design Review, and Towers and Antennas as represented in the Planning Commission Staff report dated October 19, 2017 and the draft Code language. SECTION 11.02. DEFINITIONS. For the purpose of this Chapter, the following terms shall have the meanings stated: Source: City Code Effective Date: 9-17-82 1. "Accessory Structure" - A detached structure, building or facility, which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. Such accessory structures shall include but not be limited to pools, tennis courts, water oriented accessory structures, sculptures and statuary etc. Source: Ordinance No. 20-2013 Effective Date: 12-12-2013 Source: Ordinance No. 16-96 Effective Date: 4-26-96 2. "Accessory Use" - A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or lot. 3. "Agriculture" - The cultivation of the soil and all activities incident thereto, except that said term shall not include the raising and feeding of hogs, sheep, goats, cattle, poultry, and fur bearing animals and shall not include riding a cademies, commercial stables or kennels. Source: City Code Effective Date: 9-17-82 4. "Antenna" - Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Source: Ordinance No. 27-97 Effective Date: 6-13-97 5. “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 re pair- minor. Source: Ordinance No. 26-2016 Effective Date: 11-24-2016 6. “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-major. Source: Ordinance No. 26-2016 Effective Date: 11-24-2016 7. "Base Area" - The "Base Area" of a building or buildings shall be the sum of the gross horizontal areas of the first floor of such building or buildings measured from the exterior faces of the exterior walls or from the centerline of party walls separating two buildings. In particular, "Base Area" shall include: a. Elevator shafts and stairwells on the first floor. b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one- half feet, except equipment, open or closed locked on the roof, i.e., bulkheads, water tanks and cooling towers. c. 40% of the porch when the porch is completely enclosed. 8. "Base Area Ratio" - The ratio of total base area to total lot area. Source: Ordinance No. 9-87 Effective Date: 5-7-87 9. "Buffer" - The use of land, topography (difference in elevation), space, fences or landscape plantings to screen or partially screen a tract or property from another tract or property and thus reduce undesirable influences such as: sight, noise, dust, and other external effects which a land use may have upon other adjacent or nearby land uses. 10. "Building" - Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate building. Source: City Code Effective Date: 9-17-82 11. "Building Height" the vertical distance from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof. Source: Ordinance No. 4-2017 Effective Date: 3-30-2017 Source: Ordinance No. 18-90 Effective Date: 9-21-90 12. "Building Length" - The length of a building as related to any property line is the length of that portion of the property line from which when viewed directly from above, lines drawn perpendicular to said line will intersect any wall of the building. Source: City Code Effective Date: 9-17-82 13. "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. Source: Ordinance No. 27-2016 Effective Date: 11-24-2016 14. "Commercial Wireless Telecommunication Services" - Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Source: Ordinance No. 27-97 Effective Date: 6-13-97 145. “Community Center” –A place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational, public health, and recreational activities provided however the principal use of which is not a private school, public school, place of worship or day care as defined by City Code. Source: Ordinance No. 12-2017 Effective Date: 8-17-2017 156. "Conditional Use" - A use which is not permissible in a zoning district but which may under certain circumstances and with the application of certain conditions be suitable. Source: Ordinance No. 30-83 Effective Date: 7-22-83 167. "Corner Lot" - A lot situated at the junction of and fronting on two or more streets. 178. "Court" - An open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot. Source: City Code Effective Date: 9-17-82 189. "Cul-de-sac" - A street closed on one end, with one point of entry, and a circular turnaround having a minimum radius of 50 feet. Source: Ordinance No. 15-85 Effective Date: 5-30-85 1920. “Day care facility” - Any facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or development guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Source: Ordinance No. 13-2017 Effective Date: 8-17-2017 201. "Depth of Lot" - The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width. 212. "Depth of Rear Yard" - The mean horizontal distance between the rear line of the building and the rear lot line. 223. "District" - A portion or portions of the City for which land use regulations under this Chapter are the same. 234. "Dwelling" - Any building which is designed or used exclusively for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals or nursing homes. 245. "Dwelling-Multiple Family" - A building designed for or occupied by two or more families. 256. "Dwelling-One or Single Family" - A building designed for or occupied exclusively by one family. 267. "Dwelling-Unit or Group" - Residential accommodation including kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers or boarders. 278. "Family" - One or more persons related by blood, marriage or adoption, including foster children, or a group of not more than five persons (excluding servants) some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations. 289. "Floor Area" - The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular "floor area" shall include: a. Elevator shafts and stairwells at each floor. Formatted: Indent: Left: 0", First line: 0" b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one- half feet, except equipment, open or enclosed located on the roof, i.e., bulkheads, water tanks and cooling towers. c. Interior balconies and mezzanines. d. 40% of porch when the porch is completely enclosed. 2930. "Floor Area Ratio" - The ratio of total floor area to total lot area. 301. "Garage Sale" - A sale of household or personal articles (including but not limited to furniture, tools, clothing, household appliances, books, sports equipment) held at the primary residence of the seller of the articles offered for sale or in the case of a multi-family sale a t the primary residence of one of the individuals owning the articles held for sale. Source: Ordinance No. 9-2009 Effective Date: 10-15-2009 312. "Grade Plane" - A reference plane representing the average finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the closest adjacent lot line or, where the closest adjacent lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. Source: Ordinance No. 4-2017 Effective Date: 3-30-2017 323. "Group Usable Open Space" - Land area and facilities specifically designated and developed for group recreational or social activities. 334. "Home Based Business" - Any occupation or service which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use. Source: Ordinance No. 1-2009 Effective Date: 02-26-2009 345. "Hotel" - (See Motel/Hotel) 356. "Loading Facilities" - A space accessible from a street, alley or way, in a building or on a lot, for the use of vehicles while loading or unloading merchandise or materials. 367. "Lot" - One unit of a recorded plat, subdivision, or registered land survey, or a recorded parcel described by metes and bounds. 378. "Lot Area" - The lot area is the land area within the lot lines. 389. "Lot, Depth" - The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lessor frontage is its width. 3940. "Lot-Interior" - A lot other than a corner lot. 401. "Lot Line" - The line bounding a lot as defined herein. When a lot line abuts on a street, avenue, park or other public property, such line shall be known as a street line. 412. "Lot Line, Corner" - A lot bounded by two or more intersecting streets. 423. "Lot Line, Front" - When a lot fronts on a public street, the street right of way shall be the front lot line. 434. "Lot Line, Rear" - That boundary of a lot which is most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. 445. "Lot Line, Side" - Any boundary of a lot which is not a front or rear lot line. 456. "Lot-Through" - An interior lot having frontage on two streets. 467. "Lot, Width" - The width of a lot is its own mean width measured at right angles to its mean depth. 478. "Motel/Hotel" - A building or group of buildings used primarily for the temporary residence and supportive service of motorists or travelers. 489. “Non-Conforming Use” - A non-conforming use is the lawful use or occupation of land or premises existing at the time of the adoption of a provision of the City Code which, upon the adoption of the provision, the use or occupation of the land or premises is not in conformity. Source: Ordinance No.17-2005 Effective Date: 9-15-2005 4950. "Nursing Homes" - A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, which does not provide for hospital care. Source: City Code Effective Date: 9-17-82 501. "Parapet Wall" - An architecturally, structurally and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. Source: Ordinance No. 25-2016 Effective Date: 10-27-2016 512. "Private School", A school which is not owned or operated by a public entity, and which offers general primary and/or secondary educational instruction equivalent to grades K through 12. Source: Ordinance No. 12-87 Effective Date: 3-17-88 523. “Public Infrastructure” - Infrastructure related to municipal utilities owned by any governmental unit including lift stations, well houses, water towers, sewer and water lines, manholes, storm sewer, street lights, stops signs and stop lights, bridges, trails, sidewalks, and infrastructure related to electric, gas, telephone and c ablevision utilities lines, poles and boxes, but not including buildings except as specified above. Source: 3-2010 Effective Date: 1-28-2010 Source: City Code Effective Date: 9-17-82 53. “Public Right-of-Way” – as defined in Section 6.01, Subdivision 20. 54. “Public School” – (1) A school owned or operated by a public entity which offers general education instruction equivalent to K-12 or post-secondary education, or (2) a charter school organized under Minnesota Statutes Chapter 124E. Source: 18-2016 Effective Date: 9-15-2016 55. "Public Utility Structure" - A structure or pole supporting wires for communication or transmission of data or electricity. Source: Ordinance No. 27-97 Effective Date: 6-13-97 56. "Recreational Vehicle" - Any trailer, watercraft, snowmobile, pull camper, all terrain vehicle, motorhome, travel trailer or tent trailer, or other similar vehicle. A recreational vehicle upon a trailer shall constitute one recreational vehicle. Source: Ordinance No. 22-88 Effective Date: 4-27-89 57. "Related Boarding Facilities" - The term "related boarding facilities" as used in Section 11.35, Subd. 2, E in this Chapter means a structure which has as its sole function the boarding of students who are enrolled at a single private school, and which is located upon the same parcel of property as the private school for which is provided boarding. Source: Ordinance No. 12-87 Effective Date: 3-17-85 58. “Restaurant Type 1” – A restaurant, often referred to as a fast food or deli-style restaurant, where customers stand to order and wait for food preparation or where food is pre-prepared and packaged to go. 59. “Restaurant Type 2” – A sit-down restaurant, often referred to as a family-style restaurant, with no liquor sales and where customers typically stay for an hour or less. 60. “Restaurant Type 3” – A restaurant, often referred to as a bar or tavern, with a large bar or dancing area and amplified music used as entertainment; or a sit down restaurant, often referred to as a fine dining restaurant, where reservations are sometimes needed and the bar area is secondary to dining. Source: Ordinance No. 22-2007 Effective Date: 9-13-2007 61. "Right-of-Way Line" - The dividing line between the lot and the street. 62. “Sculptures a nd Statuary” - Sculptures and statuary are three-dimensional works of art, as representations or abstract forms, created by sculpturing, modeling, carving, casting or welding. Source: Ordinance No. 20-2013 Effective Date: 12-12-2013 63. "Setback" - The minimum horizontal distance between a building and the street or lot line. 64. “Small Wireless Facility” – As defined in Section 6.01, Subdivision 28 . 654. "Stable-Private" - A stable is any building located on a lot on which a residence is located, designed, arranged, used or intended to be used, for not more than four horses for the private use of the residence, but shall not exceed 600 square feet in area. Source: City Code Effective Date: 9-17-82 665. "Stable-Commercial" - A place where five or more equines are kept for remuneration or hire. Source: Ordinance No. 34-83 Effective Date: 8-26-83 676. "Story" - That portion of building included between the surface of any floor and the surface of the floor next above; or if there is not floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story. 687. "Story-Half" - A portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls, are not more than two feet above the floor of such story. 698. "Street" - A public thoroughfare for vehicular and pedestrian traffic. 7069. "Street Line" - The dividing line between the lot and the street. 710. "Structure" - Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. 721. "Structure-Alterations" - Any change in the supporting members of a building such as bearing walls, columns, beams or girders. Source: City Code Effective Date: 9-17-82 732. “Telecommunications mechanical Wireless equipment” – Mechanical eEquipment that is necessary for the operation of a tower for Commercial Wireless Telecommunications Serviceswireless services. Source: Ordinance No. 3-2014 Effective Date: 2-27-2014 743. "Tower" - Any (a) ground or roof mounted pole, spire, structure, or combination thereof, taller than fifteen (15) feet, including supporting lines, cables, wires, braces and masts, on which is mounted an antenna, meteorological device, or similar apparatus above grade, or (b) ground or roof mounted antennas taller than fifteen (15) feet. “Tower” does not include a wireless support structure as defined in this Section. Source: Ordinance No. 27-97 Effective Date: 6-13-97 754. "Use" - The purpose for which land or premises or a building thereof is designated, arranged or intended, or for which it is or may be occupied or maintained. 765. "Use Principal" - The main use of land or buildings as distinguished from a subordinate or accessory use. 776. "Variance" - A modification or variation of the provisions of this Chapter as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance. 78. “Wireless Service” – As defined in Section 6.01, Subdivision 34. 79. “Wireless Support Structure” – As defined in Section 6.01, Subdivision 35. 8077. "Yard" - That portion of a lot not occupied by a structure. 8178. "Yard-Depth of Rear" - The mean horizontal distance between the rear line of the building and rear lot line. Source: City Code Effective Date: 9-17-82 8279. "Yard-Front" - A yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. Source: Ordinance No. 1-90 Effective Date: 2-1-90 830. "Yard-Rear" - An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. Source: Ordinance No. 9-87 Effective Date: 5-7-87 841. "Yard-Required" - That portion of a side, front, or rear yard, nearest the designated lot line and having the width or depth required in the district in which located. 852. "Yard-Side" - An open unoccupied space on the same lot with a building between the building and the side line of the lot, and extending from the front lot line to the rear of the back yard. 863. “Places of Worship” – a tax exempt institution that people regularly attend to participate in or hold religious services meetings, and other activities related to religious ceremonies. 874. “Architectural Precast” - a panel with a concrete backing with a veneer of brick, natural stone, or cast stone. 885. “Cast Stone” - a precast concrete building stone similar in appearance and manufactured to simulate the texture, color, and appearance of natural cut stone. 896. “Cultured stone” - a precast concrete veneer made to resemble natural cut stone in color, texture, and appearance. 9087. “Precast Concrete Panel”- a panel made from a mix of cement, water, aggregate, and admixtures that is place in a form and cured. 91.88 "Aeronautical Uses and Aeronautical Development Project" - Any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially re lated to the movement of passengers, baggage, mail and cargo. Source: Ordinance No. 3-2013 Effective Date: 1-17-2013 Source: Ordinance No.7-2011 Effective Date: 5-26-2011 Source: Ordinance No.17-2005 Effective Date: 9-15-2005 Items renumbered: Source: Ordinance No. 27-97 Effective Date: 6-13-97 Source: Ordinance No. 20-2013 Effective Date: 12-12-2013 Definition section a mended Source: Ordinance No 4-2017 and renumbered: Effective Date: 3-30-2017 Source: Ordinance No. 3-2014 Effective Date: 2-27-2014 Source: Ordinance No. 22-2007 Effective Date: 9-13-2007 Source: Ordinance No. 18-90 Effective Date: 9-21-90 Source: Ordinance No. 1-90 Effective Date: 2-1-90 Source: Ordinance No. 22-88 Effective Date: 4-27-89 Source: Ordinance No. 12-87 Effective Date: 3-17-88 Source: Ordinance No. 9-87 Effective Date: 5-7-87 Source: Ordinance No. 15-85 Effective Date: 5-30-85 Source: Ordinance No. 114-84 Effective Date: 11-1-84 Source: Ordinance No. 37-83 Effective Date: 9-30-83 Source: Ordinance No. 34-83 Effective Date: 8-26-83 Subd. 3. Special Requirements. The following special requirements shall apply to all Districts: F. Except towers for commercial wireless telecommunications wireless services, towers, spires, chimneys, water tanks, flagpoles, radio and TV antennas, transmission towers and other structures and necessary mechanical appurtenances covering not more than 10% of the ground area may be erected to a height of not more than twenty-five (25) feet in addition to the maximum height permitted. Subd. 6. Site Plan and Architectural Design Review. A. Approval Required. 1. No building permit, or land alteration permit for a parking lot, shall be issued for the construction of any (i) building, structure or parking area situated or to be constructed within any District, except, (a) those within the Rural District or One-Family Residential Districts, except as provided below in subsection A.3, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. 2. No building permit, or land alteration permit for a parking lot, shall be issued for the construction of an alteration or enlargement of a (i) building, structure or parking area situated within any District, except, (a) those within the Rural District or One-Family Residential Districts, except as provided below in subsection A.3, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council or the City Planner in accordance with the criteria set forth in Section 11.03, Subd 6. D and such approval is effective as herein after provided. Source: Ordinance No. 1-16 Effective Date: 1-14-16 Source: Ordinance No. 25-89 Effective Date: 8-17-89 Source: Ordinance No. 1-89 Effective Date: 3-9-89 3. No Wireless Support Structure conditional use permit shall be issued for a use within the One- Family Residential Districts unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the City Planner and such approval is effective as hereinafter provided. B. Exceptions. The provisions of this subdivision shall not apply to the issuance of a building permit for (a) a building or structure to be built or constructed on land in conformity with a Site Plan approved prior to February 21, 1989, but not more than two years prior to issuance of the building permit by the City Council in connection with the rezoning or platting of the land, or (b) the building or alteration of an antenna or tower except an antenna or tower which is greater than eighty (80) feet in height. Source: Ordinance No. 1-16 Effective Date: 1-14-2016 Source: Ordinance No. 27-97 Effective Date: 6-13-97 Source: Ordinance No. 1-89 Effective Date: 3-9-89 C. The terms "Site Plan and Architectural Design" as used in this subdivision mean a plan produced in written, graphic and/or pictorial form prepared by a registered architect, landscape architect or engineer which shall include the following: (1) a detailed natural systems analysis which documents existing physical features such as vegetation, soil types, slopes, hydrologic systems, wildlife, and ecology, (2) proposed construction of all site alterations including grading, drainage, utilities, and storm sewer, (3) building locations, (4) landscaping and screening, (5) lighting, (6) plans for all pylon, monument, and building signs, (7) an architectural plan of the exterior of the building or structure intended to be constructed, altered, or enlarged situated on the site depicting the building elevation, including its height from the surface of the ground in its altered or finished condition; its width and depth, its location in relation to the land on which it is situated, and its external appearance such as materials, texture and color, and (8) such other information as may reasonably be required by the City. D. The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the City Planner on the form provided by the City Planner and containing the information required by such form accompanied by a Site Plan and Architectural Design, together with such further information as may reasonably be required by the City Planner. The City Planner shall determine the level of review required for a new or amended Site Plan and Architectural Design based on the criteria set forth below. The City Planner may determine to refer an application to the City multi-department staff “Development Review Committee” for review and recommendation to the City Planner: 1. The following are considered administrative amendments to an approved Site Plan and Architectural Design and shall be subject to review and approval by the City Planner. a. Reduction of parking which meets City Code requirements for size, number and aisle width. Reconfiguration of parking meeting City Code requirements for size, number and aisle width. b. Changes to landscaping type, location and species that do not fall below the site requirements. 2. The following are considered Minor Amendments to an approved Site Plan and Architectural Design and shall be subject to review and consideration for approval by the City Council only without referral to the Planning Commission: a. Alterations which are code compliant and are 10% or less of the Gross Floor Area of a building or 2,000 square feet whichever is less. The expansion or reduction shall be the cumulative total and/or cumulative reduction after adoption of this amendment to this Section 11.03, Subd. 6. D. 2. A. b. Façade remodels which are code compliant. 3. All other amendments and alterations to an approved Site Plan and Architectural Design, are considered Major Amendments and are subject to review in accordance with Section 11.03, Subd. 6, E and F. 4. All n ew buildings, structures, and parking areas and all alterations to existing buildings, structures and parking areas that do not have an approved Site Plan and Architectural Design are subject to review in accordance with Section 11.03, Subd. 6, E and F. A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77. Source: Ordinance No. 1-2016 Effective Date: 1-14-2016 E. A Site Plan and Architectural Design may be evaluated according to its compliance with the following standards and provisions: 1. Adherence to, and consistency with, the City's policies and objectives as reflected in the Comprehensive Guide Plan and City Design Guidelines. 2. Adherence to, and consistency with, the City's Code relating to zoning and the subdivision of land. 3. The preservation and enhancement of the natural and built environment as well as those modifications already effected by development and construction upon the land, including the minimization of: tree loss, soil removal, wetland, floodplain, lake and creek encroachment; and the maintenance of the general natural topography or physical grade of the land consistent with that of adjoining properties. 4. Maintenance of open space to provide a desirable environment both for occupants of the site and the general public. 5. Transitions where there are differences in land use, building mass, height, densities, and site intensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks, berming, plantings, larger lot sizes, lower densities, lower flood area ratios, and smaller buildings. 6. Provision for safe and convenient vehicle and pedestrian traffic, including interior drives and parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points, and the separation of vehicular and pedestrian traffic. 7. The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors, vibrations, dust, loading areas, parking areas, and refuse areas. 8. Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity. 9. Such other conditions and criteria as are reasonably related to the health, safety and welfare of the residents of the City and to preservation of the environment. Source: Ordinance No. 1-89 Effective Date: 3-9-89 10. Preservation of Heritage Preservation Sites as designated by the Council pursuant to Section 11.05 and adherence to, and consistency with, the City's policies and objectives as reflected in the Heritage Preservation Site Program. Source: Ordinance No. 38-90 Effective Date: 12-7-90 F. Except as provided for in Subd 6, D. 1. and 2. a Site Plan and Architectural Design shall not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the Planning Commission for its study and report. Site Plans for City owned park property may not be acted upon by the Council until it has received the recommendation of the Parks, Recreation and Natural Resources Commission or until sixty (60) days have elapsed from the date it have been referred to the Parks, Recreation and Natural Resources Commission for its study and report. Source: Ordinance No. 17-2017 Effective Date: 9-28-2017 Source: Ordinance No. 1-2016 Effective Date: 1-14-2016 No approval shall be given until a public hearing has been held thereon by the Council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days before the day of the hearing. A notice shall be mailed at least ten (10) days before the day of the hearing to each owner of property situated wholly or partly within five hundred (500) feet of the property to which the requested approval relates. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice shall not invalidate the proceeding provided a bonafide attempt to comply with this provision has been made. Approval of the Council shall require a two-thirds vote of all the members of the Council. Source: Ordinance No. 27-97 Effective Date: 6-13-97 Source: Ordinance No. 1-89 Effective Date: 3-9-89 SECTION 11.06. TOWERS AND ANTENNAS. Source Ordinance No. 27-97 Effective Date: 6-13-97 Subd. 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunicationswireless services to the residents and businesses of the City; B. Minimize adverse visual effects of towers through careful design and siting standards; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication wireless service antennas in order to reduce the number of towers needed to serve the community. Subd. 2. Prohibition. No tower, antenna or telecommunications wireless mechanical equipment shall be erected, constructed, maintained, altered or used unless in compliance with this section. Source: Ordinance No. 3-2014 Effective Date: 2-27-2014 Subd. 3. Towers in Rural and Residential Zoning Districts. Towers shall be allowed in the Rural and Residential Zoning Districts only as follows: A. Towers for amateur radio communication and conforming to all applicable provisions of this Code shall be allowed only in the rear and side yards of rural and residential zoned lots. B. Towers for Commercial Wireless Telecommunications Services wireless services and conforming to all applicable provisions of this Code shall be allowed only in the following residentially-zoned locations: 1. Parks, when compatible with the nature of the park; 2. Schools; and 3. Public streets and rights-of-way when attached to, or part of a public utility structure. Subd. 4. Height. A. The h eight of a tower shall be determined by measuring the vertical distance from the point of contact with the ground of the tower or the structure to which it is attached (if attached) to the highest point of the tower, including all antennas and other attachments. B. In all zoning districts the maximum height of a tower, except those which are public utility structures located within a Public public Street street or right-of-way, shall not exceed one foot for each four feet the tower is set back from a Rural or Residential Zoning District up to a maximum height of 150 feet. C. No antenna shall extend more than 20 feet above the highest point of a public utility structure. Subd. 5. Setbacks and Location. Towers shall conform with each of the following minimum requirements: A. Towers, except those which are public utility structures, located within a Public Street public street or right- of-way, shall meet the setbacks of the underlying zoning district, except industrial zoning districts where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. B. Towers, except those which are public utility structures, located within a Public Streetpublic street or right- of-way shall not be located between a principal structure and a public street, with the following exceptions: 1. In industrial zoning districts, towers may be placed within a side yard abutting an internal street. 2. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a street. C. Towers which are public utility structures located in a Public Streetpublic street or right-of-way need not be set back from a street or right-of-way line. D. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the exiting or proposed structure and extends no more than 20 feet above the highest point of the existing or proposed structure. Subd. 6. Exceptions. The provisions of Subds. 4 and 5 shall not apply to the following: 1. Water towers and poles supporting emergency warning devices to which are attached antennas. 2. Place of Worship sanctuaries, steeples and bell towers to which are attached antennas. 3. In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers for amateur radio communication that comply with other provisions of City Code this Chapter 11 relating to towers. Subd. 7. Co-Location Requirements. All commercial wireless telecommunication towers for wireless service erected, constructed, or located within the City shall comply with the following requirements: A. A proposal for a new commercial wireless telecommunication services tower for wireless service shall not be approved unless the City Manager or his designee finds that the antenna or telecommunications wireless equipment intended to be attached to the proposed tower cannot be accommodated on an existing or approved tower, public utility structure, or building within one mile (one-half mile for towers under 120 feet in height, one quarter mile for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower, public utility structure or building, as documented at applicant's expense by a qualified registered professional engineer, and if owned by applicant the existing or approved tower, public utility structure or building, cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of the existing or planned equipment at the tower, public utility structure or building as documented at applicant's expense by a qualified registered professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers, public utility structures and buildings within the search radius cannot accommodate th e planned equipment at a height necessary to function reasonably as documented at applicant's expense by a qualified registered professional engineer. 4. Other reasons (including but not limited to economic considerations) that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower, public utility structure or building. Subd. 8. Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements: A. Towers and antennas shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. B. Commercial wireless telecommunication service tTowers for wireless service, except those which are public utility structures, shall be of a monopole design unless the City Manager or his designee determines that an alternative design would better blend in to the surrounding environment. C. Towers shall n ot be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically r equired by the Federal Aviation Administration or other federal or state authority for a particular tower and then only at such time or times required. Strobe lights shall not be permitted during the hours between sundown and sunrise. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. D. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances. E. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. F. The face of an antenna having one face shall not exceed 30 square feet. No face of an antenna having more than one face shall exceed 24 square feet per face. Subd. 9. Telecommunications Wireless Mechanical Equipment in a Public Right- of- Way. Telecommunications Wireless mechanical equipment located in a public right of way must meet the following requirements: A. Location and Setbacks. Telecommunications Wireless mechanical equipment shall be located on the ground beside or adjacent to a tower for Commercial Wireless Telecommunications Services wireless service and shall meet the following minimum setback requirements: 1. 10 feet from the existing or planned edge of the pavement; 2. 3 feet from a sidewalk or trail; 3. 50 feet from the nearest intersection right-of-way line; and 4. 50 feet from the nearest principal residential structure. B. Screening. Telecommunications Wireless mechanical equipment located in a public right of way and possessing one or more of the following characteristics shall be physically screened from all public roads and adjacent differing land uses within a utility cabinet: 1. Irregular in size and shape; 2. Exposed and/or protruding fans, grills, pipes, tubes, wires, or vents; 3. Unfinished metal covering, exposed rivets, or exposed seams. Screening shall be required at the time of initial installation or at the time of antenna equipment upgrade. C. Permit. Telecommunications Wireless mechanical equipment that obstructs located in a public right- of- way must shall receive a right-of-way permit from the City or other appropriate road authority. Source: Ordinance No. 3-2014 Effective Date: 2-27-2014 Subd. 10. Interference with Public Safety Telecommunications. No new or existing commercial wireless telecommunications serviceswireless service shall interfere with public safety wireless telecommunications. Subd. 11. Required Approval. Except when review and approval is required pursuant to City Code Section 11.03, Subd. 6. B a tower may not be constructed or increased in size or capacity without the approval of the City Manager or his designee. In the event an application for a tower is disapproved by the City Manager or his designee, the City Manager or his designee shall state the decision, together with the reasons therefor in writing. A notice of, and the written decision shall be given to the applicant by mail at the address stated in the application or such other address as applicant directs by written request to City prior to the giving of such notice. Within thirty (30) days applicant may appeal the decision of the City Manager or his designee to the City's Board of Adjustments and Appeals in accordance with City Code Section 2.11. Subd. 12. Application. An applicant for a permit for the construction of a tower shall make a written application to the City. The application shall include, but not be limited to the following: 1. Name, address, telephone and fax numbers of applicant. 2. Location of proposed tower, including the legal description. 3. The locations of all existing towers within one mile of the location of the proposed tower, together with the distances between the existing towers and the proposed tower. 4. Description of the tower, including its height, size of base, configuration, design, number of antennas to be attached to the tower, potential for additional antennas, color and camouflage treatment and lighting, if any, and materials out of which the tower will be constructed. 5. A certificate by a qualified registered professional engineer in such form as approved by the City Manager or his designee that the applicant's commercial wireless telecommunications wireless services equipment cannot be accommodated on an existing tower in accordance with Subd. 7.A. hereof and a certificate by a qualified r egistered professional engineer selected or approved by the City Manager or his designee that the commercial wireless telecommunications wireless services to be accommodated on the proposed tower or increase in size or capacity of an existing tower will not interfere with public safety wireless telecommunications. 6. The application shall be accompanied by payment of such fees as provided by City Council resolution. Fees shall include reimbursement to City of its costs, including those incurred for consulting and technical advice relating to the proposed tower. Subd. 13. Wireless Support Structures and Small Wireless Facilities in the Public Right-of-Way. A. Wireless support structures and small wireless facilities are a permitted use in the public right-of-way in all zoning districts, except the R-1 One Family Residential Districts where they are a conditional use as described in Section 11.41. B. No person shall place a wireless support structure or small wireless facility in the public right-of-way unless in compliance with the requirements of Section 6.03. (Sections 11.07 through 11.09, inclusive, reserved for future expansion.) SECTION 11.41. CONDITIONAL USE PERMITS. Subd. 1. Categories of Conditional Use. A. Major Center Area A. . 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City have been included within and designated as the "Major Center Area", (MCA), and are the subject of the "Eden Prairie Major Center Area Planned Unit Development", (MCA-PUD), adopted by the Council on July 10, 1973, as an amendment to the Comprehensive Guide Plan. The MCA-PUD as well as the Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended for office use are situated in the R1-22 (Residential) or the Rural District and have dwellings situated thereon. Development of some of the lands within the MCA for the uses intended has occurred. Development of some of such land has not and may not occur in the immediate future because of time, economic and other constraints. Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is, therefore, advisable to enable the owners of lands on which are situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R1-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District) hereof upon issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this Section. Sec. 14, T. 116, R.22 NW-1/4 of the NE-1/4 SW-1/4 of the NW-1/4 SE-1/4 of the NW-1/4 NE-1/4 of the NE-1/4 SE-1/4 of the SW-1/4 SW-1/4 of the SE-1/4 SW-1/4 of the SW-1/4 Sec. 23, T. 116, R.22 The South 650 feet of the NW-1/4 of the NE-1/4 3. Duration of Permits. A Major Center Area conditional use permit shall be for a period not in excess of three years, provided, however, after a permit expires, the Council may grant another conditional use permit effective subsequent to the expiration of a previously granted conditional use permit. A. B. Historic Properties. 1. 1. Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.05 of this chapter, or are listed in the National Register of Historic Places. The intent of this Section is to encourage preservation, revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic, retail, restaurant, personal service and office establishments. The conditional uses listed in this Section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property, neighboring uses, the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use’s consistency with the character, uses and activities in the rural district. In order to accomplish such purposes, the following provisions relating to the issuance of conditional use permits are adopted. 2. 2. Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, is limited to historic properties situated within an R-Rural District. 3. 3. Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted use in either the Office District, Section11.20, Subd. 2(A) or (B), or the Commercial Districts, Section 11.25, Subd. 2(A). Examples include: restaurants, bakeries, cafes, delicatessens, coffee houses, ice cream parlors, bed and breakfasts, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or retail stores or shops. 4. 4. Duration of Permits. AnA Historic Properties conditional use permit shall be for a period not remain in excess of five yearseffect as long as the conditions agreed upon are observed, provided, however, after a permit expires, the Council may grant another conditional use permit effective subsequentthat the City may, at its discretion, schedule an administrative or formal review at any time to the determine whether the conditions agreed upon are being observed. Any Historic Properties conditional use permit that contains an expiration date shall be automatically extended in accordance with this paragraph. B. Wireless Support Structures. 1. Policy and Purpose. The City desires high quality wireless services to accommodate the needs of City residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless support structures and small wireless facilities can create, especially in the public right-of a previously granted -way in single-family residential areas. The City discourages the installation of new or replacement wireless support structures in the public right-of-way in single- family residential districts, preferring instead that small wireless facilities be collocated on existing structures. Recognizing, however, that the provision of high quality wireless services may not be feasible without the installation of new or replacement wireless support structures in single-family residential districts, the following provisions relating to the issuance of conditional use permitpermits are adopted. The conditional uses listed in this Section must be reviewed by the Planning Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property, neighboring uses, the surrounding area and compliance with the conditions set forth in this Section. 1. Areas Where Conditional Use Permits May Be Granted. Conditional use permits for the installation of new or replacement wireless support structures for the siting of small wireless facilities in the public right-of-way may be granted in rights-of-way located within or abutting the R-1 One Family Residential Districts. 2. Duration of Permits. A Wireless Support Structure conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Subd. 2. Standard for All Conditional Use Permits. A conditional use permit may be granted subject to the City Council making the following findings: A. A. The land subject to the conditional use permit shall abut on a public street. B. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely, without harm to other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit B. The land subject to the conditional use permit is served adequately by essential public facilities and services, including utilities, access roads, drainage, police and fire protection and schools or will be served adequately as a result of improvements proposed as part of the conditional use. . C. C. The conditional use will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the area. D. D. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. E. The E. If the conditional use permit is granted the structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. F. F. The conditional use will not cause traffic hazard or congestion. G. G. Neighboring land and dwellings will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. H. Any other conditions deemed appropriate for the purpose of protecting H. The conditional use will not be detrimental to or endanger the public health, safety and, comfort, convenience, or general welfare. I. I. The land subject to the conditional use permit shall meet the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. No conditional use permit shall be approved until a Site Plan and Architectural Design Plan has been approved. J. Applicants J. The use must comply with SectionChapter 11 requirements for the district in which the property is located. K. No conditional use permit for a similar type of use has been revoked in the previous ten (10) years. L. The conditional use is consistent with the City’s Comprehensive Guide Plan provisions relevant to the land. Subd. 3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this Section. AdditionalThe following additional criteria must be met in each of the following categories of conditional use: A. Major Center Area. 1. The conditional use will not be in conflict with the MCA-PUD or the Comprehensive Guide Plan. 2. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 3. No permit shall be granted unless the minimum standards set forth in this Chapter relating to lands within the Office District are met, unless a variance has been granted therefore by the Board of Adjustments and Appeals. 4. There shall be no business or advertising sign in excess of 8 square feet. 5. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. B. A. Historic Properties. To be considered eligible for ana historic properties conditional use permit, properties must be in conformance with the following: 1. 1. Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. 2. Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. 3. 3. The property is adequately sized to meet the proposed use. 4. 4. In conformance with all applicable building and fire codes and ADA requirements. 5. 5. In conformance with all State and County health regulations. 6. 6. One advertising sign is permitted not to exceed thirty-two (32) square feet, and six feet in height. 7. 7. Site improvements meet the City’s historic preservation standards and guidelines. 8. 8. Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. 9. If an application is reviewed by the Heritage Preservation Commission, and approved by the City Council, applicant shall receive a conditional use permit. However, in addition to the conditional use permit, applicants shall also 9. Applicants shall obtain a Heritage Preservation Site Alteration Permit pursuant to this Chapter. B. Wireless Support Structures. To be considered eligible for a Wireless Support Structure conditional use permit, the proposed new or replacement wireless support structure must be in conformance with the following: 1. The wireless support structure shall be located at least six hundred (600) feet from any existing wireless support structure or public utility structure. 2. The height of the new or replacement wireless support structure shall not exceed the average height of all structures on the block or the maximum height of structures allowed in the zoning district, whichever is less. 3. The wireless support structure will be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area. 4. The design of the wireless support structure shall comply with the following City’s design requirements : a. At all sites, the design of all wireless support structures and facilities shall use materials, colors, textures, screening, and landscaping that blends the structures and facilities into the natural setting and building environment. b. No signage or other identifying markings of any nature shall be permitted upon any wireless support structures and facilities except in accordance with City Code Section 11.70. c. Such other design requirements as are developed from time to time by the City Planner and/or the Director of Public Works and maintained as an official document in printed or electronic form in the records of the City Clerk. 5. The wireless support structure shall have no associated ground-mounted wireless mechanical equipment except an electrical meter if such meter is necessary for the operation of a small wireless facility to be placed on the wireless support structure. 6. The applicant for the conditional use permit shall comply with all requirements of Section 6.03 including, but not limited to, obtaining a right-of-way permit, obtaining a small wireless facility permit, and entering into a Standard Small Wireless Collocation Agreement with the City, as appropriate. 7. Placement of the wireless support structure shall comply with generally applicable and reasonable health, safety, and welfare regulations consistent with the City’s management of the public right-of-way. 8. Applications for conditional use permits shall be reviewed by the Planning Commission. Subd. 4. Procedure. Subd. 4. Procedure. A. An application for a conditional use permit shall be in writing signed by (1) the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 2 of the City Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit, in the case of a Historical Properties . Subd. 5. Revisions and/or Changes. A. Major Center Area. 1. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the City Planner if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved, or (2) the person who wishes to install the new wireless support structure, in the case of a Wireless Support Structure permit. The application shall be made on forms provided by the City and shall include all information requested. The applicant shall pay an application fee in the amount set forth in the Fee Resolution adopted by the City Council, as the same may be amended from time to time. B. 2. Major revisions and/or changes in site or remodeling plansA public hearing on which the granting of aan application for a Wireless Support Structure conditional use permit has been conditioned mayshall be approved byheld before both the Planning Commission and the Council only pursuant to the procedures applicable to an application for a . A public hearing on a Historic Properties conditional use permit shall be held before both the Heritage Preservation Commission and the Council. C. . Any change in a site or remodeling plan the cost of which change shall exceed 10 percentNotice of the market valuepublic hearing shall be mailed at least ten days before the day of the hearing to each owner of property situated within 500 feet of the land and any improvements thereon, forproperty to which athe conditional use permit relates. For the purposes of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision 4.B has been made. D. has been granted, as determinedAn application for a conditional use permit may not be acted upon by the City Assessor shall constitute a major revision or change. B. Historic Properties. Any revisions and/or changes to site or remodeling plans after a Council until it has received the recommendation of the Planning Commission or Heritage Preservation Commission, as applicable, or until 60 days have elapsed from the date of referral to the Planning Commission or Heritage Preservation Commission. Subd. 5. Amendment to Conditional Use Permit. Amendments to any condition contained in an approved conditional use permit may be made only in accordance with the procedures applicable to the initial application as contained in Subdivision 4. Subd. Site Alteration Permit has been granted,6. Revisions and/or Changes to Site or Construction Plans. A. Historic Properties. Any revisions and/or changes to site, remodeling, or construction plans after a Historic Properties conditional use permit has been granted shall require approval by the City Planner and comply with Section 11.05, Subd. 58 criteria. Notwithstanding th e foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. B. Wireless Support Structures. Any revisions and/or changes to site or construction plans after a Wireless Support Structure conditional use permit has been granted shall require review and approval by the City Planner. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. Subd. 7. ExpirationSubd. 6. Cancellation of Conditional Use PermitsPermit. Unless otherwise specified by the Council at the time it is authorizedapproved, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwisesubstantial development or construction has not taken place within one year from the date of its authorization.of the date of approval, unless a petition for a time extension has been granted by the Council. The extension request shall be submitted in writing at least 30 days prior to expiration of the conditional use permit and shall state facts showing a good-faith effort to complete work permitted under the original approval. Subd. 8Subd. 7. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. Subd. 9. Suspension or Revocation of Conditional Use Permit. The City Council may suspend for a specified period of time or revoke a conditional use permit upon the failure of the owner or a tenant to comply with the provisions of this Code, the laws of the state or any condition established at the time of approval of the conditional use permit. A suspension or revocation of a conditional use permit must be preceded by written notice to the owner and tenant, if any, and a hearing. The notice must provide at least ten days’ notice of the time and place of the hearing and must state the nature of the charges against the owner and/or tenant. The notice must be mailed to the owner, and tenant, if any. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the persons and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions. Source: Ordinance No. 14-2002 Effective Date: 5-30-02 Ordinance No. 30-83 Effective Date: 7-22-83 (Sections 11.42 through 11.44, inclusive, reserved for future expansion.) 1 PROJECT PROFILE – OCTOBER 23, 2017 PLANNING COMMISSION – OCTOBER 23, 2017 1. CODE AMENDMENT RELATED TO SELF STORAGE FACILITIES –CONTINUED ITEM 2017-14 (STEVE) Public Hearing amending City Code, Chapter 11, related to self-storage facilities Contact: Steve Durham, 952-949-8491 Application Info Planning Commission City Council Date Submitted 07/14/17 Date Complete N/A 120 Day Deadline N/A Initial DRC review 08/03/17 Notice to Paper Date 08/24/17 Resident Notice Date N/A Meeting Date 09/11/17 Notice to Paper Date 00/00/17 Resident Notice Date N/A 1st Meeting Date 00/00/17 2nd Meeting Date 00/00/17 2. CODE AMENDMENT RELATED TO CONDITIONAL USE PERMITS 2017-18 (JULIE) Public Hearing amending City Code, Chapter 11, related to Conditional Use Permits Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted 10/04/17 Date Complete N/A 120 Day Deadline N/A Initial DRC review 10/05/17 Notice to Paper Date 10/05/17 Resident Notice Date N/A Meeting Date 10/23/17 Notice to Paper Date 00/00/17 Resident Notice Date N/A 1st Meeting Date 00/00/17 2nd Meeting Date 00/00/17 HERITAGE PRESERVATION COMMISSION – NOVEMBER 6, 2017 1. JOINT MEETING WITH PARKS & RECREATION COMMISSION LOCATION CHANGE TO: ART CENTER, 7650 EQUITABLE DRIVE PLANNING COMMISSION – NOVEMBER 13, 2017 CONSERVATION COMMISSION – NOVEMBER 14, 2017 2 CITY COUNCIL PUBLIC HEARING – NOVEMBER 14, 2017 1. ARBY’S (2017-16) by Arc Vision, Inc. (BETH) Proposal to complete a minor interior remodel, exterior façade improvements, parking lot repaving and landscaping. Location: 560 Prairie Center Drive Contact: Samantha Igou – 314-415-2400 Request for: • Site Plan Review on 1.15 acres Application Info Planning Commission City Council Date Submitted 08/25/17 Date Complete 08/25/17 120 Day Deadline 12/22/17 Initial DRC review 08/31/17 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N/A Notice to Paper Date 10/26/17 Resident Notice Date 10/27/17 1st Meeting Date 11/14/17 2nd Meeting Date 00/00/17 CITY COUNCIL CONSENT – NOVEMBER 14, 2017 2. WHITETAIL BLUFF DEVELOPMENT AGREEMENT AMENDMENT (BETH) Amendment to Development Agreement IN BUT NOT SCHEDULED 1. EDEN BLUFF 4TH ADDITION (2017-12) by Pope Architects. (BETH) Proposal is a two phase approach: Phase 1 to construct surface parking of 252 spaces on 11.67acres; Phase 2 will include a new 3 story, 120,000 square foot office building with additional 530 parking spaces. Location: Charlson Rd & Liatris Ln. Contact: Paul Holmes – 651-642-9200 Request for: • Planned Unit Development District Review with waivers on 11.67 acres • Site Plan Review on 11.67 acres Application Info Planning Commission City Council Date Submitted 06/26/17 Date Complete 00/00/17 120 Day Deadline 00/00/17 Initial DRC review 06/29/17 Notice to Paper Date 00/00/17 Resident Notice Date 00/00/17 Meeting Date 00/00/17 Notice to Paper Date 00/00/17 Resident Notice Date 00/00/17 1st Meeting Date 00/00/17 2nd Meeting Date 00/00/17 3 2. WINDSOR PLAZA – FED EX (2017-15) by Windsor Plaza LLC. (ANGIE) Proposal to complete the interior of the existing vacant space within Windsor Plaza for a retail use instead of a restaurant use. Location: 11993 Singletree Lane E Contact: Matt Karl – 952-324-8900 Request for: • Planned Unit Development Concept Amendment on 0.24 acres • Planned Unit Development District Review with waivers on 0.24 acres • Zoning District Amendment within the Commercial Regional Service District on 0.24 acres • Site Plan Review on 0.24 acres Application Info Planning Commission City Council Date Submitted 08/10/17 Date Complete 10/09/17 120 Day Deadline 02/06/17 Initial DRC review 08/17/17 Notice to Paper Date 00/00/17 Resident Notice Date 00/00/17 Meeting Date 00/00/17 Notice to Paper Date 00/00/17 Resident Notice Date 00/00/17 1st Meeting Date 00/00/17 2nd Meeting Date 00/00/17 3. SCHEELS (2017-17) by CAPREF Eden Prairie. (JULIE/BETH) Proposal to redevelop the current Sears site and associated parking lot improvements with a two level, 248,756 square foot sporting goods/destination store Location: 8301 Flying Cloud Dr. - Eden Prairie Center Contact: Jeff Plauche – 214-347-7716 Request for: • Planned Unit Development District Review on approximately 64 acres • Site Plan Review on approximately 64 acres Application Info Planning Commission City Council Date Submitted 09/08/17 Date Complete 00/00/17 120 Day Deadline 00/00/17 Initial DRC review 09/14/17 Notice to Paper Date 00/00/17 Resident Notice Date 00/00/17 Meeting Date 00/00/17 Notice to Paper Date 00/00/17 Resident Notice Date 00/00/17 1st Meeting Date 00/00/17 2nd Meeting Date 00/00/17 4 4. 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 APPROVED VARIANCES TELECOMMUNICATION PROJECTS