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HomeMy WebLinkAboutOrdinance - 3-2013 - Amending City Code Chapter 11 Relaing to Airport Zoning Districts - 01/17/2013 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.28 RELATING TO THE CREATION OF AN AIRPORT — COMMERCIAL DISTRICT; ADDING SECTION 11.29 RELATING TO THE CREATION OF AN AIRPORT - OFFICE ZONING DISTRICT; AMENDING CITY CODE SECTION 11.03, SUBDIVISION I.A. TO ADD THE AIRPORT DISTRICTS TO THE TABLE OF DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION 2.A. TO ADD CRITERIA FOR CERTAIN USES IN THE AIRPORT COMMERCIAL AND AIRPORT- OFFICE ZONING DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION 3.K.2 TO ADD A-C AND A-OFC TO THE LIST OF DISTRICTS IDENTIFIED AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 11, Section 11.03, Subd. I.A. is amended by adding the following districts to the table: DISTRICT TITLE ABBREVIATION Airport—Office A- OFC Airport— Commercial A - C Section 2. City Code Chapter 11, Section 11.03, Subd. 2.A. is amended by adding 11.03 Subd. 2.A.14. as follows: In the A-C District, in the case of a gasoline/convenience store, the following criteria shall apply: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. (b) Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. Section 3, City Code Chapter 11, Section 11.03, Subd 3 K. 2. is amended by adding after "Pub," the following "A-C, A-OFC," Section 4. City Code Chapter 11 is amended by adding Section 11.28 which shall read as follows: SECTION 11.28. AIRPORT C— COMMERCIAL DISTRICT Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District (A-C) are to: (1) Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments; (2) Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; (3) Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. Subd. 2. Permitted Uses in Airport— Commercial District. A. All direct retail sales to users of goods and services conducted within structures and accessory uses, including related or supporting office and distribution uses. B. Public Infrastructure. Subd. 3. Required Conditions for Airport Commercial. A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 5. City Code Chapter 11 is amended by adding Section 11.29 which shall read as follows: SECTION 11.29. AIRPORT—OFFICE DISTRICT. Subd. 1. Purposes of Airport - Office. The purposes of the Airport - Office District (A-OFC) are to: (1) Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2) Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; (3) Provide adequate space to meet the needs of modern offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4) Provide space for semi-public facilities and institutions appropriately may be located in office districts; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses in Airport—Office District. A. Business and professional offices and accessory uses. B. Supporting commercial sales and services to office users within large office structures of 30,000 square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. C. Public Infrastructure. Subd. 3. Required Conditions of Airport - Office. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial or Airport - Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 6. City Code Chapter 11 is amended by adding Section 11.02, 78 which shall read as follows: 78. "Aeronautical Uses and Aeronautical Development Project" - Any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage, mail and cargo. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of October, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of January, 2013. KaAleen Porta, City Clerk K any T -L ens, ay r PUBLISHED in the Eden Prairie News on January 17, 2013. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 3-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDIING AIRPORT COMMERCIAL AND AIRPORT OFFICE ZONING DISTRCIT STANDARDS TO CHAPTER 11 OF THE CITY CODE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendments to city code chapter I I relating to the Airport Commercial and Airport Office Zoning District Standards. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Ka leen Porta, City Clerk y ra-L ens, a r PUBLISHED in the Eden Prairie News on January 17, 2013. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE State of Minnesota ) HENNEPIN COUNTY, )SS. MINNESOTA SUMMARY OF ORDINANCE County of Hennepin ) NO.3-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CITY CODE CHAP. TER 11 BY ADDIING AIRPORT Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the COMMERCIAL AND AIRPORT publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts OFFICE ZONING DISTRCIT STAN- herein stated as follows: DARDS TO CHAPTER 11 OF THE CITY CODE;AND ADOPTING BY (A)This newspaper has complied with the requirements constituting qualification as a legal REFERENCE CITY CODE CHAP- newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as TER 1.AND SECTION 11.99 WHICH, amended. AMONG OTHER THINGS, CON- TAIN PENALTY PROVISIONS z C J-1 THE CITY COUNCIL OF THE (B)The printed public notice that is attached to this Affidavit and identified as No. CITY OF EDEN PRAIRIE,MINNE- was published on the date or dates and in the newspaper stated in the attached Notice and said SOTA,ORDAINS: Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Summary: This ordinance the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both allows amendments to city code inclusive,and is hereby acknowledged as being the kind and size of type used in the composition chapter 11 relating to the Airport and publication of the Notice: Commercial and Airport Office Zoning District Standards. Effective Date: This Ordinance abcdefghbklmnopgrstuvwxyz shall take effect upon publication. Nancy Tyra-Lukens,Mayor ATTEST: Katlileen Porta,City Clerk y (A full copy of the text of this Laurie A.Hartmann Ordinance is available. from City Clerk.) (Published in the Eden Prairie Subscribed and sworn before me on News on Thursday, January 17, 2013--No.3470 h this day of 2013 1 JWME JEANNE7E BARK No ry lic 0 NCTARY PLBJC-M'NNESOTA fp(Y COldMiSSION MIRES Ot�31r8 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter...................................$31.20 per column inch Rate actually charged for the above matter...............................................$12.59 per column inch f'