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Home My WebLink AboutOrdinance - 13-2017 - Amending City Code Chapter 11 Related to Day Cares - 08/17/2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.02, SECTION 11.20, SECTION 11.25, SECTION 11.26, SECTION 11.27, SECTION 11.28, SECTION 11.29 AND 11.35 RELATING TO DAY CARE FACILITY DEFINITION AND PERMITTED USE IN THE OFFICE, COMMERCIAL, TRANSIT ORIENTED DEVELOPMENT, TOWN CENTER, AIRPORT COMMERCIAL, AIRPORT OFFICE AND PUBLIC ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 is hereby amended by inserting a definition for Day Care facility as follows: (items to be renumbered) "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. Section 2. City Code Chapter 11, Section 11.20, Subd. 2. Permitted Uses is hereby amended by inserting the following: (Add text underlined) E. Day Care facility. Section 3. City Code Chapter 11, Section 11.25, Subd. 2. Permitted Uses is hereby amended by inserting the following: H. Day Care facility. Section 4. City Code Chapter 11, Section 11.26, Subd. 4.A. Permitted Uses is hereby amended by removing Permitted Uses—TOD-MU District chart and inserting the following: Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2. Drive-thrus are only allowed when the drive-thru lanes - Day Care facility are internally located within the parking structure. Office - Business and professional offices 3. Neighborhood Commercial individual tenant space shall - Day Care facility not exceed 10,000 sq. ft. in area with the exception of Residential grocery stores,which shall not exceed 25,000 sq. ft. in area. - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 5. City Code Chapter 11, Section 11.26, Subd. 4. B. Permitted Uses is hereby amended by removing Permitted Uses—TOD-R District chart and inserting the following: Permitted Uses—1,01)-11 Mstrict Prinitted Uses I"crforinance Standards Commercial 1. All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service - Day Care facility 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq. ft. in area with the exception of - Business and professional offices grocery stores, which shall not exceed 25,000 sq. ft. in - Day Care facility area. Residential Multiple-Family Dwellings 3. Drive-thrus are only allowed when the drive-thru lanes Public are internally located within the parking structure. - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 6. City Code Chapter 11, Section 11.26, Subd. 4. C. Permitted Uses is hereby amended by removing Permitted Uses—TOD-E District chart and inserting the following: Permitted tjses—'1'01)-E District Permitted tJses Performance Standai-ds Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day Care facility 2. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq.ft. in area. - Business and professional offices - Day Care facility 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Light Industrial Manufacturing 4. Warehouse and Distribution shall be permitted in the Light Industrial district as an accessory use. Warehouse - Research and design and Distribution shall not exceed 15% of the Gross Floor - Wholesale Area of a structure. - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 7. City Code Chapter 11, Section 11.27, Subd. 5. Permitted Uses is hereby amended by removing Table 1: Permitted Uses in Town Center District and inserting the following Table: Table 1: Permitted Uses in Town Center District(Permitted=P,Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics A' P Hotels P Day Care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Residential High-rise multiple-family attached dwelling units with P minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling units with P minimum gross density of 40 units per acre Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling units w/ P round floor retail/restaurant/services' Multi-story office w/ground floor P retail/restaurant/servi ces2 Day Care facility P P Antennas and Towers,in those locations and subject to P P the limitations contained in City Code Section 11.06. Public Public Infrastructure P P Libraries P P Parks P P P Transit facilities P P Section 8. City Code Chapter 11, Section 11.28, Subd. 2. Permitted Uses is hereby amended by inserting the following: D. Day Care facility. Section 9. City Code Chapter 11, Section 11.29, Subd. 2. Permitted Uses is hereby amended by inserting the following: E. Day care facility. Section 10. City Code Chapter 11, Section 11.35, Subd. 2. Permitted Uses is hereby amended by inserting the following: I. Day Care facility as an accessory use. Section 11. 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 12. 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 I Ith day of July, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of August, 2017. Ka een Iforta, City Clerk N cy a-L s, 9yo Published in the Eden Prairie News on the 171h day of August, 2017. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 13-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11,SECTION 11.02,SECTION 11.20,SECTION 11.25,SECTION 11.26, SECTION 11.27, SECTION 11.28, SECTION 11.29 AND 11.35 RELATING TO DAY CARE FACILITY DEFINITION AND PERMITTED USE IN THE OFFICE, COMMERCIAL, TRANSIT ORIENTED DEVELOPMENT, TOWN CENTER,AIRPORT COMMERCIAL, AIRPORT OFFICE AND PUBLIC ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Summary: This ordinance amends Chapter 11 Section 11.02 and Sections 11.20, 11.25, 11.26, 11.27, 11.28, 11.29, and 11.35 relating to the definition of a Day care facility, and its permitted use in the Office, Commercial, Transit Oriented Development, Town Center, Airport Commercial, Airport Office and Public Zoning District. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kat Teen Porta, City Clerk N c ra- k s, yor PUBLISHED in the Eden Prairie News on August 17, 2017. (A full copy of the text of this Ordinance is available from City Clerk.)