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HomeMy WebLinkAbout2012-01-25 Planning Commission Meeting PacketsAGENDA CITY OF EDINA, MINNESOTA PLANNING COMMISSION CITY COUNCIL CHAMBERS JANUARY 25, 2012 7:00 PM CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. APPROVAL OF CONSENT AGENDA A. Minutes of the regular meeting of the Edina Planning Commission January 11, 2012 V. COMMUNITY COMMENT During "Community Comment," the Planning Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on this morning's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments today. Instead, the Commission might refer the matter to staff for consideration at a future meeting. VI. PUBLIC HEARINGS During "Public Hearings," the Chair will ask for public testimony after City staff members make their presentations. If you wish to testify on the topic, you are welcome to do so as long as your testimony is relevant to the discussion. To ensure fairness to all speakers and to allow the efficient conduct of a public hearing, speakers must observe the following guidelines: Individuals must limit their testimony to three minutes. The Chair may modify times as deemed necessary. Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. R 2012.0001.12a Conditional Use Permit with Variances St. Peter's Lutheran Church/JMS Custom Homes VII. REPORTS/RECOMMENDATIONS • Expansion of the Centennial Lakes TIF District • Discussion — Consideration of a Zoning Ordinance Amendment regarding Lots smaller than 9,000 square feet and 75 feet in width VIII. CORRESPONDENCE AND PETITIONS • Council Connection IX. CHAIR AND COMMISSION MEMBER COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. Next Meeting of the Edina Planning Commission: February 8, 2012 0 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker January 25, 2012 2012.0001.12a Assistant Planner INFORMATION S BACKGROUND Background Information St, Peter's Lutheran Church is requesting a 15 -foot lot width variance to build on their vacant property located at 3717 Fuller Street. (See site location on pages Al—A4.) This site (3717 Fuller) is currently encumbered by a proof -of -parking plan that was required for a parking stall Variance granted to St. Peter's in 1983. (See 1983 proof -of -parking plan on page A44.) A revised Conditional Use Permit is also required to change the proof -of -parking plan. (See applicant narrative and plans on pages A5—A20.) The Church campus consists of property both north and south of Fuller Street between France and Drew Avenue. The site includes the church, a parking lot east of the church, two platted lots east of the parking lot at 3700 and 3704 Fuller Street, and property south of Fuller inculding a south parking lot, and three platted lots east of the south parking lot at 3713, 3717 and 3721 Fuller Street. (See page A4.) In August of 2011, the Church recieved a 15 -foot lot width variance for 3713 Fuller Street. (A vacant lot east of the subject 3717 Fuller lot.) The purpose of the current request is to create another lot in which the Church intends to sell to JMS Homes. JMS would then build two new single-family homes. The zoning ordinance requires a minimum 75 foot lot width. The lot is 60 feet in width requiring a 15 -foot lot width variance to allow the sale of the lot. The lot conforms to the depth and area requirements. The lot was platted prior to the current width requirements, is legally nonconforming, however, cannot be sold without the benefit of a width variance. All of the church property, with the exception of 3700 Fuller, (north of Fuller and west of Drew) and 3713 Fuller, (the property that has already received a width variance), is dedicated to a proof -of -parking agreement filed as a condition of variances granted for an expansion of the Church that occurred in 1983. A parking lot plan was attached to the 1983 agreement providing an ultimate build- out plan of the south parking lot over two lots east of the parking lot including the subject vacant lot. (See page A55.) The proof -of -parking plan would be implemented in the event that the City Manager and City Planner determine that additional parking spaces would be required for the Church use. The lot at 3717 Fuller is encumbered by the 1983 parking agreement and may not be sold without a lot width variance and an amendment to the Church's Conditional Use permit to include a re -assessment of the parking needs of the Church and revised proof -of -parking plan. SRF Consulting Group, Inc. has submitted a parking study dated November 22, 2011 and revision dated January 16, 2012. (See pages A21—A44.) The parking study includes a new proof -of -parking plan that would rebuild the south parking lot to provide 86 stalls in a new south lot build -out and include the 46 existing stalls in the north lot for a total of 132 parking stalls. The ordinance requires parking must be provided for one third the maximum seating capacity for the largest place of assembly. The Church use requires a minimum of 131 parking stalls. The sanctuary is the largest place of assembly providing capacity for 393 persons. The build -out plan provides 132 parking stalls and conforms to the required setbacks. It should be noted that the seating capacity of the Church was reduced from 470 to 393 persons as part of a 1990 interior renovation. The number of parking stalls required by ordinance reflects the capacity decrease by a reduction in parking required from 156, (as required in 1983), to 131 stalls. SRF Consulting Group has indicated the average weekly parking demand is approximately 73 stalls with 91 stalls currently provided in the north and south lots combined. It isn't anticipated that the south lot will need any improvement in the near future given current lower demand and reduced attendance as indicated in the SRF study. No additional parking has been needed over the last 29 years since the 1983 agreement was put in place. Exercising the current parking agreement has never been considered. Surrounding land Uses Northerly: Gas Station; zoned RCD -4 and guided NC neighborhood Commercial, Single-family homes, zoned and guided low- density residential. Easterly: Single-family homes; zoned and guided low-density residential. Southerly: Church parking lot, zoned and guided low-density residential. Westerly: Condominiums, zoned PRD -3 and guided medium density residential 2 Existing Site Features The existing site contains St. Peter's Church, two parking lots and five platted single dwelling unit lots. W f Guide Plan designation: Zoning: Parking Public/Semi-public R-1, Single -dwelling district The parking calculations are based on the capacity of the largest place of assembly. Parking spaces equal to one-third the maximum seating capacity of the largest place of assembly requires the church to provide131 stalls. The proof -of -parking plan illustrates a build -out of 132 stalls that could be accomplished by expanding the south parking lot over one vacant lot east of the south parking lot at 3721 Fuller Street. The proposed proof -of -parking plan does not require improvements on the lot in question at 3717 Fuller Street. The Church can accomplish the parking required by ordinance without having to use the subject lot. Any modification to the parking agreement is an amendment to the St. Peter's Conditional Use Permit. Conditional Use Permit Per Section 850.04 Subd. 5.E, the City Council shall not grant a Conditional Use Permit unless it finds that the establishment, maintenance and operation of the use: 9. Does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; The proposal will not change the existing conditions of the Church parking lots. The revised proof -of -parking demonstrates a conforming plan if needed in the future. 2. Will generate traffic within the capacity of the streets serving the property; The proposal will not generate additional traffic. The parking regulation is generated by the maximum capacity of the largest place of assembly which is not changing with this plan. The proof -of -parking plan would provide the required parking for the largest place of assembly in the event that additional parking would be necessary. 3. does not have an undue adverse impact on the public health, safety or welfare; Again there would be minimal impact, as the use of the property will not change with the exception of new homes south of Fuller Street. 4. Will not impede the normal and orderly development and improvement of other property in the vicinity; The proposed modification to the parking plan will not impede development or improvements to surrounding property. The plan will allow for new home construction adjacent to other single family homes. 5. Conforms to the applicable restrictions and special conditions of the district in which it is located as imposed by this Section; and The proof -of -parking plan would provide the required number of parking stalls without the need to use property at 3717 Fuller. The proposed new home at 3717 Fuller would conform to all applicable zoning ordinance requirements. 6. Is consistent with the Comprehensive Plan. A Church is a conditionally permitted use in the R-1 District, and therefore, consistent with the Comprehensive Plan. A single dwelling unit building as proposed is a permitted use in the R-1 zoning district Lot width variance request — Building Design The proposed home would be two stories with an attached three car garage. The plans would conform to the zoning ordinance requirements. (See pages A13— A20 and the compliance table on the following page.) 4 Compliance Table New Home * Variance Required Compliance Table Parking Plan City Standard Proposed Front — Average of adjacent homes 41.2 feet Side yard— 5 feet, plus height 5 feet west, 6 feet east Rear— 25 feet 38.6 feet Building Height 30 feet to mid -point, 35 feet to 23.75 mid -point, 30.6 Parking ridge feet to ridge Lot Coverage 25% 21.6% Lot Dimensions *(131 spaces required) *132 spaces In proof - Minimum width 75 feet *60 feet Minimum depth 120 feet 165 * Variance Required Compliance Table Parking Plan *Proof of parking plan Primary Issues • Is the proposed proof -of -parking agreement reasonable for this site? Yes. Staff believes the proposal is reasonable for the following reasons: 1. The proposal meets the Conditional Use Permit findings. As demonstrated on pages 3-4 of this report, the six findings for a Conditional Use Permit would be met. City Standard Proposed Street setback 20 feet 20 feet, proof of parking south lot Interior lot setback 10 feet 10 feet, proof of parking south lot Parking 1/3rd the max. capacity of the 91 existing parking largest place of assembly spaces *(131 spaces required) *132 spaces In proof - of -parking north and south lot *Proof of parking plan Primary Issues • Is the proposed proof -of -parking agreement reasonable for this site? Yes. Staff believes the proposal is reasonable for the following reasons: 1. The proposal meets the Conditional Use Permit findings. As demonstrated on pages 3-4 of this report, the six findings for a Conditional Use Permit would be met. 2. The proposal meets all minimum Zoning Ordinance standards with the proof -of -parking agreement in place. All setback requirements would be met. • Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed new home is permitted in the R-1, Single Dwelling Unit Zoning District. 2. The lot is appropriate in width given adjacent lot widths and lot configurations within the neighborhood. 3. The home demonstrated would conform to the ordinance requirements. • Is the proposed variance justified? Yes. Per the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does meet the variance standards, when applying the three conditions: Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. The Proposed Variance will: 1) Relieve practical difficulties that prevent a reasonable use from complying with ordinance requirements. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. Staff believes the proposed variance is reasonable. The lot was developed with single family home previously. It has been demonstrated that a new home may be built within the current standards required by the city. The practical difficulty is that the width requirement for lots has changed since the time when the lot was subdivided. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? 6 Yes. The lot was platted prior to the Church's ownership and at a time when 60 -foot lot widths were acceptable. Lots within the surrounding neighborhood provide similar lot widths and do not require a variance for construction. The variances would allow construction on the property with a new conforming single family home similar to homes nearby. 3) Will the variance alter the essential character of the neighborhood? No. The proposed improvements would not alter the essential character of the neighborhood. The modification to the proof -of -parking plan and the lot width variance will allow the opportunity for a home to be built on an existing platted lot consistent with the other single dwelling units within the neighborhood. The sale of the lot will not affect the status of the Church property or ability in the future to provide required parking. Staff Recommendation Conditional Use Permit Recommend that the City Council approve the Conditional Use Permit to modify the 1983 proof -of -parking agreement. Approval is based on the following findings: The proposal meets the Conditional Use Permit conditions per Section 850.04 Subd.5.E, of the Edina Zoning Ordinance. 2. The proposal meets all applicable Zoning Ordinance requirements. 3. The revised proof of parking plan allows the release of 3717 Fuller Street from the 1983 proof of parking agreement allowing the Church opportunity for alternative options for use of the property. Approval is subject to the following condition: 1. Recording of a revised proof -of -parking agreement with attached parking plan by SRF Consulting Group, Inc. dated: January 17, 2012, with Hennepin County, 2. Execution of a proof -of -parking agreement. Staff Recommendation lot width variance Recommend that variance approval is based on the following findings: 7 1) With the exception of the variance requested, the proposal would meet the required standards and ordinances for the R-1, Single Dwelling Unit District. 2) The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable, as it is consistent with the Comprehensive Guide Plan. b. The request is reasonable given that a home had occupied the lot in the past. c. The lot width of the subject property is consistent and similar to those near it. 3) The proposal is in harmony with the intent of the ordinance since it will allow replacement of a home that had occupied the lot in the past and was originally platted for that purpose. 4) The unique circumstances are that the property is not needed for future parking demands of the Church, however, may not be sold for redevelopment without the benefit of a lot width variance. Approval is subject to the following condition: 1. Recording of a revised proof -of -parking agreement with attached parking plan by SRF Consulting Group, Inc. dated: January 17, 2012, with Hennepin County. Deadline for a city decision: February 20, 2012 8 w City of Edina .. ,�. Newt Y6utaar lm4eb GpY 4hflNr rc+ I.tINN tlrflws f xta �li�t }�Itk6 SJCt°t v o III=.i x t , #:fle, M, .&Iti kIPo� iNu,3 �ut(ti. phi ��.i tlkY' IP+N t Sft712: t asox TtiTp !IN%� ww fh@.'B 2fi'W Ii'Y<' i'YFN. XW &x � tre, i k%% PAA I� Ito 3Htf tlydi 41M 19*4 ,um ww 7fu IYW IW* {tom .19 .4 AWY �Y1P M* fiJtF YR1r1 ... T[tliN YJut Mtrt' SAN tPlIY &at t mnx war sxz+^am,uew Hl.T X'. 23#S Tait kf�: PID: 2002824220039 sr r 5421 France Ave S . Edina, MN 55410�`y .r8�' a rim 'PL i =K t . City of Edina — Conditional Use Permit Application Explanation of Request St. Peter's Evangelical Lutheran Church December 22, 2011 The City of Edina (the City) and St. Peter's Evangelical Lutheran Church (St. Peter's or the Church) entered in an agreement dated May 22, 1983 (the Agreement) in which the City granted certain variances, including a variance to allow St. Peter's to maintain 102 parking spaces, a variance of 54 spaces from the number required by City ordinances. All property then owned by St. Peter's was subject to the Agreement, and the Agreement provides a parking plan for additional spaces, if and when needed. St. Peter's is contemplating the sale of one parcel of its property subject to the Agreement (3717 Fuller Street) to a third -party developer. However, the Agreement provides that the Church "shall not sell, convey, transfer, mortgage or encumber, in any way or by any means, less than all the Property, in its entirety, at one time and to one person, without receiving in each instance the prior written consent of City..." St. Peter's believes retaining 3717 Fuller Street is not necessary for its present and future parking needs, and through this application is requesting that this parcel be released from the terms and conditions of the Agreement. To support this request, St. Peter's retained SRF Consulting Group, Inc. (SRF) to document the existing and anticipated future parking demand of the Church and identify whether this demand can be accommodated by its existing parking supply. SRF's report accompanies this application. St. Peter's request to release 3717 Fuller Street from the Agreement Is based on the following: • The Church's off-street parking lot space has not changed since 1983 and has been adequate to support its worship attendance and other activities since then, including in 1989 when the weekly worship attendance average was two and one-half times the current weekly average. • The two existing off-street parking lots are currently striped to accommodate 91 vehicles. This total could be increased to the 102 spaces per the Agreement by re -striping. + St. Peter's 91 current off-street parking spaces exceed the current Zoning requirement of 77 spaces (by variance), the current average weekly peak demand of 73 spaces (during the one weekend worship service), and the 85`x' percentile weekly peak demand of 82 spaces. • 120 on -street spaces exist within one block of the Church. These spaces are adequate to accommodate potential parking demand during higher attendance services. * The Church's worship sanctuary is limited in its seating (approximately 255 persons). Increasing church attendance would be accommodated through additional worship services at different times, further easing parking requirements. ,� tt The Church has no further plans to sell additional property and specifically will retain 3721 Fuller Street for future off-street parking expansion. St. Peter's agrees with SRF's conclusion that the release of 3717 Fuller Street from the terms and conditions of the Agreement will not have an adverse impact on the City or neighborhood adjacent to the Church. St. Peter's has prepared a preliminary redesign of its east parking lot, as referred to in SRF's report. This redesign would add five spaces to the overall parking capacity of the Church. Construction of this redesign is dependent upon fundraising efforts, and is expected to commence within the next two years. This application request addresses only the release of 3717 Fuller Street from the terms and conditions of the Agreement. Any further considerations regarding this property will be addressed through additional variance requests, if needed, AC The proposed variance will. 1. Relive practical difficulties in complying with the zoning ordinance and that the use is reasonable. This application is required due to lot width being less than 75'. Before any building permit is issued on any lots less than 75' a variance must be issued. Alternatively, had there been a prior house on this lot the size would have been grandfathered and a traditional 'over the counter' application would be the correct path, just like so many other sites. 2. Correct extraordinary circumstances applicable to this property but not applicable to other property In the vicinity or zoning district. The scope of work contemplated is consistent with the surrounding neighborhood and virtually Identical in scope to dozens of other new construction projects that have occurred over the last few years within Edina. 3. Be in harmony with the general purposes and intent of the zoning ordinance. This project is absolutely consistent with the surrounding residential single-family uses in this neighborhood. This project is consistent in both size of land and size of structure. 4. Not alter the essential Character of the neighborhood. This project is consistent with the neighborhood and does not in any way alter the integrity of the community. a NS 9 PNGINRS PLANNIRS D ($IGNtIt5 Cnrisulling Gtoup, Inc. TO: FROM: DATE: SUBJECT: Cary, MEMORANDUM Cary Teague. City Planner, City of Edina Nicholas Erpelding, P.E., PTOE January 16, 2012 ST. Pc1Ttz's CUP At PLICA` ION/PARKING STUDY Rust"ONSt TO JANUARY 11, 2012 C0MMt3N1:i SRF No. 7603 In response to your comments on the St. Peter's Conditional Use Permit (CUP) application (received via email by St. Peter's representatives on January 11, 2012), we offer the following clarifications/responses: 1. The proof -of -parking plan does not show the code required parking stalls of 131 as indicated in the parking study. The previous plan that was reviewed as part of the variance in 1983 was 156 stalls. We are not sure why it is less now, but we are guessing that the seating capacity of the sanctuary has changed since 1983? In any event, the proof -of -parking plan must be revised to show at least 131 stalls. You may wish to create a plan to match the 156 stalls required in 1983. That would demonstrate that the church could provide the number of stalls necessary by City Code in 1983 in the original variance. The parking study done by SRF provides the proposed justification to not require the proof -of -parking plan to be constructed at this time. In regards to why parking requirements have decreased since the 1983 variance agreement, St. Peter's representatives indicate that renovations were completed in the late 1990s that reduced the seating capacity of the sanctuary by approximately 75 persons. Off the issue of a 156 -stall proof of parking plan: such a plan was included in the parking study completed by SRF as part of the CUP application. The plan was included on the last page of the report, in Appendix as an exhibit in the variance agreement. www.srfconsulting.com One Carlson Parkway North, Suite '150 1 Minneapolis, SAN 55447-444! ( 761475.0090 1'axa 70-J.475.2429 Air Equal Op1mrhnnity Fo(player Crary Teague - 2 - January 16, 2012 SRF has prepared a proof of parking plan that shows how the 131 -stall parking requirement could be met, if needed. The plan (attached) mccts all current setback requirements. The 131 - stall count is able to be met by expanding the south parking lot to the east onto 3721 Fuller Street, in the same way that the 1983 156 -stall proof of parking plan showed use of both 3721 and 3717 Fuller Street. No modifications to the north parking lot are required. Since the 131 -stall proof of parking plan confirms that 3717 Fuller Street is not required to provide land area for the 131 -stall proof of parking plan, the requirement from the 1983 variance agreement that this parcel be held in reserve can be eliminated without adverse impacts to the City or adjacent neighborhood, following the reasoning from the November 22, 2011 parking study. 2. The plan shows an addition to the church. That should be removed so not to add any confusion that it is part of the proof -of -parking plan. Comment noted. No changes to the church site are proposed as part of this CUP application. Specifically, the addition to the church shown on the site plan (Figure 6) in the parking study is a potential future addition not being proposed at this time. The Future Conditions section of the parking study, where the site plan (Figure 6) is located, was included only to provide a forward- looking view for the St. Peter's site for planning purposes. None of the modifications to the site (building or parking) are being proposed as part of this CUP application. The primary conclusion from the parking study that the existing parking supply is adequate to serve the existing site remains valid. 3. The access point on to Drew Avenue would not be allowed per our City Engineer. This was suggested by staff as an arrangement that would not be permitted several months ago. That access point should be removed. Comment noted. The response to this comment is similar to the response to Comment 2. No changes to the church site are proposed as part of this CUP application. Specifically, the modifications to the north parking lot shown on the site plan (Figure 6) in the parking study are potential future modifications not being proposed at this time. 4. There is no setback shown for the parking along the north lot line. A 10 -foot setback is required. Should the lot ever be reconfigured, that 10 -foot area would need to provide screening by landscaping and/or fencing. Comment noted. Again, the response to this comment is similar to the responses to Comments 2 and 3. The modifications to the north parking lot shown on the site plan (Figure 6) in the parking study are potential future modifications not being proposed as part of this CUP application. q Cary Teague - 3 - January 16, 2012 In summary a revised parking plan must be submitted to include the following: A minimum of 131 stalls. You may wish to submit a plan that shows 156 stalls as that was the requirement and what is shown on the existing proof of parking plan. A 10 -foot setback for the parking lot on the north lot line, and a 20 -foot setback for the parking lot on the south lot line. * No access onto Drew Avenue. - Remove the addition to the church. When/if the church would like to make actual changes to the existing parking lot on the church site, another amendment to the CUP would be required at that time to look at access points, landscaping/screening, circulation and setbacks etc... A proof of parking plan has been prepared and is attached to this memo. The plan shows how 131 stalls can be accommodated on site, if and when necessary. As noted in the parking study, the existing parking configuration is acceptable — accordingly no changes to the configuration of the parking lots are proposed. The proof of parking plan is rather a worst case look at how parking could be reconfigured if necessary. The proof of parking plan follows all applicable setback requirements where modifications to ,existing parking are proposed. Specifically, 1(i -foot setbacks to side lots and a 20 -foot setback to the France Avenue and Fuller Street public rights-of-way are included, pursuant to current City Zoning Code requirements. The proof of parking plan assumes that the north parking lot will be preserved as is, with no modifications. St. Peter's representatives have acknowledged and understand that future modifications, if any, to the north parking lot will include all necessary setbacks and other requirements indicated above, and will comply with the requirements of the proof of parking plan submitted herein. A separate CUP will be prepared and submitted to address any fixture design considerations of the north parking lot. NE Attachments: 1. St. Peter's 131 -stall Proof of Parking Plan cc: Jim Ravell, St. Peter's Lutheran Church ILtProjeetsi7603t1'S4l?el)artU?e.vl;vpise to Cononews Alento (2012-01-1d).dacx 'tic, r ' EYJS UNG `CHURCH` AND S61100L `4 ay ei'1=+, � ..�.e— r" S {'.sir+ t �- 'f I y �� ' '•-" 3 " �� dsvu+eAi�18 � -i--` �.�5'�tT +. ��+�.� - ea'r'o��3•nn:.�. �...^ ''. ,. �'a,, � >. ,.... ,, �._.-1 . -- v� a . %-..... a �" ......i._i `w cm coat y - 4' .. „� .✓ �a tis.. :. `'>rC SEA1MLYi.n rµ ` ..,My �^ `� r 4q .:. .. ".`•.,� r' 1 11 1 111, c �4. 3 SfaU.S Cur X LL1i� N . t ,.. a ••� k .', _ t �' °- I L_..t. �� t - M SLtti.S fa• T FSY _ n , - F, 'teD3E76F • ., s- - X I. Tom SEONNGD nPwaa STAas - 131. Z. lwuufc SoaLS Ooovcm . 13t - .p, - •._ w Frit coma Mmc ►or, EW or Know we s rew rwasm POINM Lor soon+ or RLLEi srmu I WALL Wars wO oA m WE cofwaws no AK noisumr To oft c r caa[ Boas - • sues sAf-- raa ser. sa.c.. .. 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Z. lwuufc SoaLS Ooovcm . 13t - .p, - •._ w Frit coma Mmc ►or, EW or Know we s rew rwasm POINM Lor soon+ or RLLEi srmu I WALL Wars wO oA m WE cofwaws no AK noisumr To oft c r caa[ Boas - • sues sAf-- raa ser. sa.c.. .. FJ fa't f0' aPaCa beaefian is - ..-Md +6 e, Is -"d Yue i • Sea, SL• B�+rMw �a'9a !{1j1 .I�tl1 Na.M a O�iK1 bowK - Mrntilra N tm paw. NO.OW eelndq M1M� raiq f/e[w K �1 6M6afa WONPROOF OF PARKING PLAN -131 STALLS �f+uatuona,r ifm SL Peters Lutheran Gaach ftdWg SWY S421 Fimfee Avenue S.. Edina. VAwtesote MxT= M%Mer.ma January 17, 2012 P I Hi�1t7S, 3nIOAN ; M3tf0 i P Hi�1t7S, 3nIOAN ; M3tf0 i P 7 1 s -r ,� 3ST1`�,�,»,.3SC tfitt .✓ ij. � ri. i � �...y,y,.w.�..M,u.,..�,,..%..,... ii; Hinos -gnN3'AV i ; c i 33Nbt/-4 a Al L.ocofad in the NW 1/4 of N Variance Exhibit for: Ser, 20, Twp 28, Rga. 24 JMS CUSTOM HOMES, LLC House Address: 3717 ruder Street Edina MN Nwlh line of the North half of the Swill huff of the North all of the NW Quarter of the NW iQuarter of Sec. 20, Iwp. 28 N. Rga 24 W 589°2850"E ; 60.00 In' 1L. ar-Y F f r nsf•4 Cr.. ailYmhMt Etly" 6194 Right at Wuy Ima of Faller 51rea1 IF as monufnantedand per Nannapm•t ~ - County Noll Section Maps - ••.• T ._� �. .�... L ...... �.� ..._. .._. i l y . 1 / yf� ' . In i � tTAiY =as ti t E., Sono 1 n r 3 ,e a In 0 U 0 0 .10 '!a ii GARAGE Mona, in tog of ,4oxte9.0 3 r °fib e8 t' /1 Sr1W v Ly PR0P05E0 HOUSE t •" a' ,: a 10.38' POURED BASEMENT .6.0 0 µ 1 1 1 •. c o rn e3 RAMBLER F on I.F.E. « 003,87 8 e,) •` L.;:.•!. a ri�as L.I.E. - 893.!5 * a� V o� I= `UZ p Q Yt (w? p Y' Canl. c^ cru A A �z rl WZ O ^ L V i —.- —r -- -- ---- --- S89a2852''E' 50, Soulh Me of the North half of the South half Ir of the Nwih half of the NW Quarter of the NW --`r Quarter of Sec 20, Iwp, 28 N, Rge. 24 W PARCEL DESCRIPTION: BUILDING COVERAOF CAL RCS.? Tha East GU tool of she West 393 feet of the North flat( of the South hall of the North het( of the Norihwesl Quarter of the Narthwrst Quarter of Seclion 20, Township total Lot Aro a ....................#9,902 sq. It, 28 North, Range 24 West of the Fourth Principal kieridion, 0', car ace 1 : r,.r-r. t"r iP"o r,l. ,l Hennepin County, Mrnnesold, 80ding Coverage ............. +ZI40 eq. It. Torrens Certificate No. 503646 ,ix— rl,aee ,, h er,cn r rst -4 11 NOTES: Total Coverage Percentage —*21.6X L Parcol description anal easements shown hereon are those listed in Title Commitment No. 140-20586A with an --0 Denotes Iron Monument a DROP CARACE 1.0 FT. DOWN • effective data at May 12., 2011 at 7:00 AM prepared by Custom Borrie Duddem Title, LLC as issuing agent for Soortngs shown ore assumed PROPOSED BUILDING ELEVATIONS Stewart tiva Cuaranly Campwly QRAPHIC SCALE Lowese floor Elaictfon; 893, 2, No record tosemenl was provided for Fuller Street O 10 20 40 Top of Foundation ElovatilYn: 903.43 crossing this Parcel ��.....—.- Garage Slob Elavotion (01 door): 902,03 3, Front yard sofback for this parcel was established by ..�..�.,....a_.. First Floor Elevation. ,903,8.T mulching Nle front house setback from the adjacent house (IN FEET) 1 tI Icing westerly of this property. iT l 34 1 3470,001 l h4reby cardly la ,AIS Cuslam Namat, LLC that Ibis survey pion a, report was prepared by me w under my Iftf4<) supervision )Carlson and that i am o d«ly peansed land *Y,vvee�g underhthe to s of the State of U41n6sato f"LJ II^�ivi�li+ McCain Dated Ihif Itch any of ,lanuary, tafY l ,wiVA' )AN 17 2012 Sgnod Catton fAeCain, Ino ENVIRONMENTAL • GNGINGGRINa • 9URVGYIN13 Raised. Maya tie«se 1/IJ/IY 148 Apollo Or, Suite ttlDr Uno takes, MW 95814 �'• i x7 n .. - • •- r � 8Y Phone: 763^4897900 pix: 741.489.7959 thanes R. OanuQ L 5 Rey Re 4034.1 . ow m K4 *Mao la Nglvw ULf axion W=wm fsr 111390 wr cl --.L . ow m w -77 - --------- M4 WITW "t gwiam WOLO'O osr w e y S�YY a rnr r rttrtl7wtroa7c� u o U4f Ry?t�l�i1�V :7:�N= f'+J m E qS� 7;tC X 12 nIVQ1 " •to aanv WA iAV"wino awr WN341SEW I11390 aat H.r a qS� an raa'stgaa nrnra 'LO Mit-l-M L%C M1 WPLWD VX m OSfS; R.a� to M977N uLI . (� 9M40" 6M9" GK V1 W1wr �' J}LaG1S3tJ "1'11 N,0 10 ��e iii I pop x ,61 4111414il WHO a lilt 11 } m oft 110 lig h S . a► v 1110 1411' 111 ru Yera➢ �_ 't9 Waivv ULC �-- Y'MGH Hg10fK7 Rr BON3C1I932i 1'IIaN=a ��� t: I ANN r US PtnNIRS (% 1 5 1 G N I R S Consulting Canty, inc. SRF No. U 107603 MEMORANDUM TO: Jun Ravell St. P'eter's Lutheran Church FROM: Craig Vaughn, P.E., PTOE, Senior Associate Nicholas LErpelding, P.E., PTOE, Associate DATE: November 22, 2011 SUBJECT: ST. PETER'S LUT11 RAN CHURCI1 PARKING STUDY INTRODUCTION As requested, we have completed a parking study for the St. Peter's Lutheran Church campus at 5421 France Avenue South in Edina. The purpose of this memo is to document the existing and anticipated future parking demand of the Church campus and identify whether this demand can be accommodated by the existing parking supply. BACKGROUND As stipulated in a 1983 agreement with the City of Edina as conditions of a zoning variance granted at the time, St. Peter's Church owns two parcels of land, set aside to provide extra parking if and when needed. St. Peter's is considering alternative options for these parcels (3717 and 3721 Fuller Street), including selling them to another party. Before allowing St. Peter's to end its agreement with the City, The City of Edina requested that St. Peter's document that the existing parking supply is adequate to accommodate current and anticipated suture parking demand. It should be noted that St. Peter's also owns an adjacent parcel, 3713 Fuller Street, which is not restricted by the 1983 agreement. EXISTING CONDITIONS Parking Supply Parking for patrons of St. Peter's Lutheran Church is available both off-street and on -street. Two off-street lots are available. The "East Lot" is located immediately east of the church building north of Fuller Street. The capacity of this lot, based on observations made by SRF in October 2011, is 46 vehicles. The "South Lot," with a capacity of 45 vehicles, is located across Fuller Street from the church building. 4,2 4 www.srfconsulting.com One Carlson Parkway North, Suite 151) I Minneapolis, MN 55447-4443 1 763.=475.01►lu Fax; 763.475.2429 Art Eganl OppaHmtity Einplayer Jim Ravell November 22, 2011 St. Peter's Lutheran Church Page 2 On -street parking is generally permitted in the vicinity of the church. The one notable exception is immediately in front of the church building on Fuller Street, between France Avenue and the East Parking Lot's westerly driveway. On-Strect parking stalls available within a roughly one -block radius from the church (counts approximate) include: France Avenue: 60 stalls between 541h and 55th Streets Fuller Street: 30 stalls between the East Lot westerly driveway and Drew Avenue Fuller Street: 60 stalls between Drew Avenue and Beard Avenue Drew Avenue: 60 stalls between 54th and 55th Streets These parking facilities are illustrated in Figure 1. A detailed site plan of the existing St. Peter's off street lots is included as Figure 2. Parking Demand Parking demand for St. Peter's Lutheran church is generated via several church ftinctions. These functions include Sunday church service, weekday daycare/preschool, and Wednesday night youth religious education. Information provided by St. Peter's indicates that peak parking demand for the site is experienced between 9:30 and 10:30 a.m. on Sundays, corresponding with the time of the one weekend service. Parking demand for the dayeare/preschool and youth education functions is significantly less because the number of employees is very low and children attending are primarily dropped off and picked up. To gauge existing parking demand ffir the site, parking counts were completed during Sunday church service on the following dates in October 2011: • Sunday October 9. 2011, 10:00 a.m. Sunday October 16', 2011, 10:00 a.m. As a check, a count was also completed on a weekday during which dayearc/preseliool was in session: 0 Friday October 7, 2011, 10:30 a.m. The parking facilities were divided into on -street and off-street categories for the survey. On - Street spaces were counted block -by -block. The off1strect spaces were grouped into the East lot and South lot. Table I provides the results of the parking count: H1nC7S 9nN3A d ri MIO "s Li „ J k ♦ { Q �� Qpp'jj 14 t, P i uj " i l u v ONVU HIn' nN3/1 _ I AJ , Jim Ravell St. Peter's Lutheran Church Table 1 Parking Count Results November 22, 2011 Page 5 Parking location # Spaces Available Number of S )aces Occupied Fri 10/7/2011 10:30 AM Sun 10/9/2011 Sun 10/16/2011 10:00 AM 10:00 AM East Lot 46 Closed for use as playground 31 34 South Lot 45 28 33 32 France Ave - 54th to Duller 30 1 1 1 Prance Ave - Duller to 55th 30 1 0 1 Drew Ave - 54111 to Fuller 30 1 1 t Drew Ave - Puller to 55th 30 1 0 0 Fuller St - France Ave to hast Lot Parking Prohibited Puller St - East Lot to Drew Ave 30 0 7 4 Fuller St - Drew to Beard 60 0 0 0 Totals301 32 73 73 Table 1 confirms that parking demand on Sunday during the church service greatly exceeds parking demand during the midweek school/daycare time period. Parking demand overall was very light, with peak utilization for all parking (on -street and off-street) measured at approximately 25%, Another significant finding is that peak parking demand could be accommodated solely in the off-street East and South parking lots. The total number of parking spaces available in these two lots is 91; the maximum number of parked vehicles observed was 73, including vehicles parked on -street. In addition, it should be noted that vehicles parked on -street within a one -block radius may not be St. Peter's patrons, but rather local residents. Despite this caveat, the on -street demand was highest on Culler Street, in the spaces nearest the church. Based on this information, the primary conclusion is that existing peak parking demand is currently accommodated by the existing parking supply. ITE Parking Demand Comparison To gauge whether the parking demand exhibited by St. Peter's is typical for a church, a comparison with data from the Institute of Transportation Engineers (ITE) Parking Generation Manual was completed. This manual provides average peak parking demand ratios for a variety of land uses. The various sites are compared using a number of independent variables. I -or churches, these variables include attendees, seats, and square footage, with attendees being the variable with the most data collected and highest correlation to peak parking demand. To compare the ITE average peak demand rate to St. Peter's, attendance data was requested from the church. On the two Sundays during which counts were conducted, the attendance figures for the worship service were 150 and 151 persons. Incorporating this data, Table 2 identifies the Jim Ravell November 22, 2011 St. Peter's Lutheran Church Page 6 ITE average peak parking demand rate and the anticipated number of spaces resulting from application orthis rate to the attendance figures at St. Peter's. Table 2 ITE Average Peak Parking Demand Generation Source: Institute or -rmnsportation Fngineers Kirking Generation Matititil 4th Edition (2010) do St. Peter's Lutheran Church. Table 2 shows that St. Peter's actual peak parking demand (73 spaces) is slightly more than what might be expected using the IT average peak parking demand rate for churches (68 spaces). In terms of parking rate per attendee, The IT average peak parking demand rate of 0.45 spaces per attendee is slightly less than the rate calculated fbr St. Peter's of 0,48 spaces per attendee. Historical Parking Demand Review, In order to assess whether the existing parking supply is likely to remain adequate into the future, a forecast of future attendance is needed. A typical method used to forecast future attendance is to review historical attendance trends. Historical attendance records were provided by St. Peter's for this task. Figure 3 shows the average weekly worship attendance for St. Peter's, by year, going back to year 1982. While average weekly attendance peaked in 1989 at 370 persons, it has been in decline since that time. As noted on Figure 3, average attendance has been dropping off by an average of 6 persons per week per year. The attendance figures of 150 and 151 in October are near the 2011 average of 146. To better understand the parking demand for St. Peter's, the week -to -week variation in parking was reviewed. Figure 4 shows weekly historical attendance data for year 2010 and year 2011 (through the end of October). Review or this data indicates that weekly attendance is very consistent, with 88% of worship services attended by less than 175 persons and 96% attended by less than 200. The peak attendance over the two year period was for Faster Sunday, 2011, with attendance at 246 persons, The 85th percentile attendance was 170 persons. Attendance of 188 persons, equivalent to a parking demand of 91 stalls at 0.48 stalls per attendee, is at the 89th percentile. To gauge whether peak attendance is trending up or down, a more detailed look was taken at Easter and Christmas Eve worship service attendance since the year 2000. Figure 5 shows the results of this analysis. Since 2000, peak attendance for Christmas Eve has been approximately 275 persons, though trending downward. For Easter, the peak attendance of 246 persons occurred in year 2011. MW Resulting ITE Average Peak Land Use ITEAverage Peak St. Peter's Average A(tendance Parking Demand for a Church Parking Demand Rate (2 Sundays) of St. Peter's Average Attendance Church 1 0.45 spaces per attendee 151 persons 68 spaces Source: Institute or -rmnsportation Fngineers Kirking Generation Matititil 4th Edition (2010) do St. Peter's Lutheran Church. Table 2 shows that St. Peter's actual peak parking demand (73 spaces) is slightly more than what might be expected using the IT average peak parking demand rate for churches (68 spaces). In terms of parking rate per attendee, The IT average peak parking demand rate of 0.45 spaces per attendee is slightly less than the rate calculated fbr St. Peter's of 0,48 spaces per attendee. Historical Parking Demand Review, In order to assess whether the existing parking supply is likely to remain adequate into the future, a forecast of future attendance is needed. A typical method used to forecast future attendance is to review historical attendance trends. Historical attendance records were provided by St. Peter's for this task. Figure 3 shows the average weekly worship attendance for St. Peter's, by year, going back to year 1982. While average weekly attendance peaked in 1989 at 370 persons, it has been in decline since that time. As noted on Figure 3, average attendance has been dropping off by an average of 6 persons per week per year. The attendance figures of 150 and 151 in October are near the 2011 average of 146. To better understand the parking demand for St. Peter's, the week -to -week variation in parking was reviewed. Figure 4 shows weekly historical attendance data for year 2010 and year 2011 (through the end of October). Review or this data indicates that weekly attendance is very consistent, with 88% of worship services attended by less than 175 persons and 96% attended by less than 200. The peak attendance over the two year period was for Faster Sunday, 2011, with attendance at 246 persons, The 85th percentile attendance was 170 persons. Attendance of 188 persons, equivalent to a parking demand of 91 stalls at 0.48 stalls per attendee, is at the 89th percentile. To gauge whether peak attendance is trending up or down, a more detailed look was taken at Easter and Christmas Eve worship service attendance since the year 2000. Figure 5 shows the results of this analysis. Since 2000, peak attendance for Christmas Eve has been approximately 275 persons, though trending downward. For Easter, the peak attendance of 246 persons occurred in year 2011. MW 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 d 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Figure 3. Average Worship Attendance 1982-2011 Average Worship Attendance 0 50 100 150 200 250 300 350 400 _, ;RF Consulting Group Printed: 11/9/2011 Jan 1 Jan 2 Jan 3 Jan 4 Jan 5 Feb 1 Feb 2 Feb 3 Feb 4 Mar 1 Mar 2 Mar 3 Mar 4 Apr 1 Apr 2 Apr 3 Apr 4 May 1 May 2 May 3 May 4 May 5 Jun 1 Jun 2 Jun 3 Jun 4 Jul1 Jul 2 Jul 3 Jul 4 Jul 5 Aug 1 Aug 2 Aug 3 Aug 4 Sep 1 Sep 2 Sep 3 Sep 4 Oct 1 Oct 2 Oct 3 Oct 4 Oct 5 Nov 1 Nov 2 Nov 3 Nov 4 Dec 1 Dec 2 Dec 3 Dec 4 Figure 4. Worship Attendance by Week (2010 - 2011) Worship Attendance 0 50 100 150 200 250 300 WE ;RF Consulting Group Printed: 11/9/2011 2000 2001 2002 2003 2004 2005 a� 2006 2007 2008 2009 2010 2011 0 Figure 5. Easter/Christmas Eve Worship Attendance 2000-2011 Worship Attendance SO 100 150 200 250 ve r 300 RF Consulting Group Printed: 11/9/2011 Jim Ravell November 22, 2011 St. Peter's Lutheran Church Page 10 The expected parking demand for a worship service attended by 246 people, at 0.48 spaces per attendee, is 119 spaces. As noted in Table I above, 301 spaces are available within a 1 -block radius including 91 off-street spaces. The conclusions that can be drawn from analysis of the historical attendance and existing parking count data are as follows: Currently, average attendance for the Sunday worship service is 151 persons, Average parking demand is 73 spaces. 85th percentile demand ►s 82 spaces. The current off-street parking supply of 91 stalls exceeds both average demand and 85th percentile demand. • Average attendance has been trending downward since peaking in 1989. • Attendance is roughly constant throughout the year, with 11% of services (approximately 6 per year) exceeding 188 attendees, the number of attendees equivalent to a parking demand of 91 stalls. • The on -street parking supply of 297 stalls within a one -block radius is more than enough to accommodate the potential parking demand during higher attendance services. Therefore, the existing St. Peter's off-street parking lots are appropriately sized to accommodate typical parking demand currently and into the foreseeable future. FUTURE CONDITIONS St. Peter's is planning to improve their site. Plans include incorporation of accessible parking spaces in the South and East lots, reconstruction of the East lot to provide additional capacity, and creation ora designated on -street parking area along the north side of Fuller Street adjacent to the East lot. Figure 3 shows the proposed site plan for the improvements. The plan will reduce available parking in the South lot from 45 to 41 spaces, and increase available parking in the East lot from 46 to 55 spaces, resulting in a net increase in available ofd street parking spaces from 91 to 96 spaces. Eleven marked on -street spaces along Fuller Street, adjacent to the East lot, would also be added, As the number or off-street parking spaces would increase under the proposed plan, the earlier conch►sion that the St. Peter's off-strect parking lot supply can accommodate parking demand into the foreseeable future still holds. At the observed rate of 0.48 parking stalls per attendee, the number of attendees that could be accommodated by the off-street lots increases to 198. Based on the attendance data provided, attendance of 198 persons falls in the 96th percentile; this level of attendance is exceed approximately twice per year. llllz�i';Ie 4 n-, :3 4. A -4 1 S co f$ ���� ����! � § co f$ Jim Ravell November 22, 2011 St, Peter's Lutheran Church Page 12 CITY PARKING REQUIREMENTS The City of Edina requires a certain number of parking spaces be provided for each land use. In section 850.08(1)(1), the requirement for churches is spelled out as follows: Churches and Other Religious Institutions. Slwices equal in number to one-third the tna.ritnum sealing capacity (?f the lars,,est place qfasseinbl),, plus spaces fin - other churchfiwililies ithich are used concurrent1j, 11Wh the largest place of assernbly, the number qfivhich shall be determined by the Council in connection with the granting qfo conditional use pernfil. The capacity of St. Peter's, assuming that the main assembly, an adjacent meeting room, and all classrooms are concurrently occupied, is 391 persons. By the language above, the minimum number of parking stalls required is equal to 131. Table 6 summarizes the City parking requirement. Table 6 City Parking Requirements* *Does not reflect 1983 St. Peter's variance agreement. In 1983 St. Peter's entered into a variance agreement with the City of Edina. The agreement permitted St. Peter's to build 54 fewer stalls than the zoning code required number of parking stalls at the time (156) in exchange for setting aside land, including 3717 and 3721 Fuller Street, for future construction of additional parking if needed. Based on the existing (year 2011) zoning code parking requirement, as modified by the 1983 variance agreement, the minimum number of stalls that St. Peter's is required to have is 77 stalls; 131 spaces less 54 spaces. The current parking supply or 9 1 spaces exceeds this minimum requirement by 14 stalls. In the 28 years since initiation of the variance agreement, no additional parking has been constructed. Based on the historical attendance data in Figure 3, St. Peter's has been able to accommodate attendance of two and one-half times the current average tinder the existing parking configuration. CONCLUSIONS AND RECOMMENDATIONS Based on our review and analysis, the following conclusions are offered .for your consideration: The current combined capacity of the two St. Peter's off-street parking lots is 91 stalls. The proposed improvements to the lots would increase capacity to 96 stalls. M Off -Street Parking Parking Use Capacity Parking Required Provided Re rement Main Assembly 255 persons Meeting Room . 36 ersons Church 1/3 capacity 131 spaces 91 spaces Classrooins100 persons - -- ------- I Total _ 391 Ts r1/3 caeacity 1 131 spaces 91 spaces *Does not reflect 1983 St. Peter's variance agreement. In 1983 St. Peter's entered into a variance agreement with the City of Edina. The agreement permitted St. Peter's to build 54 fewer stalls than the zoning code required number of parking stalls at the time (156) in exchange for setting aside land, including 3717 and 3721 Fuller Street, for future construction of additional parking if needed. Based on the existing (year 2011) zoning code parking requirement, as modified by the 1983 variance agreement, the minimum number of stalls that St. Peter's is required to have is 77 stalls; 131 spaces less 54 spaces. The current parking supply or 9 1 spaces exceeds this minimum requirement by 14 stalls. In the 28 years since initiation of the variance agreement, no additional parking has been constructed. Based on the historical attendance data in Figure 3, St. Peter's has been able to accommodate attendance of two and one-half times the current average tinder the existing parking configuration. CONCLUSIONS AND RECOMMENDATIONS Based on our review and analysis, the following conclusions are offered .for your consideration: The current combined capacity of the two St. Peter's off-street parking lots is 91 stalls. The proposed improvements to the lots would increase capacity to 96 stalls. M Jim Ravell November 22, 2011 St. Peter's Lutheran Church Page 13 • Peak parking demand for St. Peter's church occurs on Sunday mornings during the one weekend worship service (9:30 — 10:30 a.m.). Average attendance for this service is 146 persons. Attendance is fairly consistent week -to -week. • Average parking demand far the weekend worship service is 71 parking stalls. • Parking demand for 89% of the weekend worship services can be accommodated by the existing 91 parking stalls. 96% of the weekends (50 out of 52) can be accommodated by expanding the off-street parking supply, as proposed, to 96 stalls. • Peak parking demand (experienced on Easter Sunday) is estimated at 119 spaces, This demand can be accommodated through a combination of the off-street lots and on -street spaces within one block of the church (301 total spaces). • St. Peter's has been able to accommodate attendance of two and one-half times the current average under the existing pat -king configuration. • Based on our review and analysis, the existing 91 off-street stalls, combined with the 120 on - street stalls within one block of St. Peter's, are sufficient to accommodate parking demand without causing adverse impacts to the City or adjacent neighborhood. • Further, eliminating the 1983 variance agreement requirement that states that 3717 and 3721 Fuller Street be held in reserve for future parking lot construction will not cause adverse impacts to the City or adjacent neighborhood. Peters NWAM9 SIM11AX-V M APPENDIX A 1983 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF EDINA AND ST. PETER'S LUTHERAN CHURH I AGREEMENT (Conditions to Zoning Variance) THIS AGREEMENT, dated as of the 22nd day of May, 1983, between ST. PETER'S EVANGELICAL LUTHERAN CHURCH (also known as St. Peter's Lutheran Church) ("Church"), a Minnesota religious corporation, and the CITY OF EDINA ("City"), a Minnesota municipal corporation. WHEREAS, the Church operates a church and church school on certain real estate situated in the City of Edina, County of Hennepin, State of Minnesota, legally described on Exhibit A attached hereto and hereby made a part hereof (the "Property"); and WHEREAS, the Church proposes to construct a new school and additional parking lots (the "Improvements") on the Property in accordance with certain plana and specifications (the "Plans") prepared by The Architectural offices, as Architect, dated March 25, 1983, entitled Education/Church facility, heretofore submitted by the Church to the City, a copy of which Plans is on file with the City and which Plans are incorporated herein by reference; and WHEREAS, in order to undertake the Improvements, certain variances in the City's ordinances are required; and WHEREAS, the City did, on September 30, 1982, in Case No. R-82-10 grant certain variances (the "Variances") because strict enforcement of the City ordinances would, in this case, cause undue hardship because of the circumstances unique to the P:.opertyand the grant of such variances has been determined by the City to be in keeping i'il',<`lN Vii- z:f? PNT-g0 G[?1:Pi , cnT ti► r'R*11FR1Y 1,110!A Ing- r 33 57c( 12 ) : TSE : 031481 with the spirit am! Intent of the applicable ordinances, but subject to the execution, delivery and recording of this Agreement, and only upon the conditions and agreements hereinafter set out in this Agreement, which the City deems necessary to Impose to insure emnoUnce with the applicable City ordinances and to protect adjacent properties; and WHEREAS, the Church agrees to the giatitfng of the variances subject to the conditions and agreements hereinafter set out, and is willing, and represents that it has the power and authority, to enter into this Agreement. I 10W, TUEREFORE, in consideration of the granting by the City of the Variances, and of the mutual coven;ws and agreetowAs hereinafter contained, Q Is hereby agreed, by and between the City ;md the Church, as follows: I. The foregoing recitals are hereby made a part hereof. 2. The City hereby confirms that it: did, as above stated, grant the Variances; that one of the Variances is a temporary fifty-four (54) space parking variance whereby there need now he constructed on the Property only one hundred two (102) exposed parking spaces, subject, ' however, to the following terms and conditions: 111 2 (a) if the City hUnager and City Planner shall hereafter determine that additional parking spaces are required on, the Property, the Church will, at its sole cost and expense, construct such additional parking spaces as the City Planner and City Manager shall then require, up to a ✓ maximum of fifty-four. (54) parking spaces, such additional. parking spaces to be located as shown on the parking plan (the "Parking Plan") attached hereto as Exhibit B and hereby made a part hereof, The City Planner and City M311rger rued llat raquirc th,'t all of the additio,--all parking spaces be constructed at ally one time, but may require additional parking spaces to be constructed from time to A- M �4 3357C(12):TSC:031483 time as they deem them necessary until a maximum number of fifty-four (54) additional parking spaces have been constructed in the locations shown on the Parking Plan. If, at any time, less than all fifty-four (54) parking spaces is required to be built pursuant hereto, Church shall decide where to locate such spaces, but such location shall be in conformance with the Parking Plan. The additional parking spaces from time to time required by the City Manager and the City Planner shall be built in full compliance with the Parking Plan and the then applicable City ordinances; provided, however, that Church, in connection with any additional parking spaces then required to be constructed, may prepare and present to the City a new parking plan for review and approval by the City, and if approved by the City (which approval may be withheld for any reason or cause), the additional parking spaces then required to be constructed may then be constructed pursuant to said new parking plan, as approved, and subject to the then applicable ordinances of the City, except as such ordinances may be waived by variances, if any, then granted. (b) The City Manager and the City Planner shall give written notice to Church of their determination that additional parking spaces are then required, setting forth in said notice the number of spaces then required to be constructed, up to the maximum number of fifty-four (54). Church, within thirty (30) days after such notice is given, shall (i) give written notice to the City as to whether or not it will construct such additional parking spaces pursuant to the Plan or will submit a new plan as above allowed, or (ii) appeal such determination to the Board of Appeals and Adjustments of City (the "Board"), by filing a written appeal pursuant to the then applicable zoning ordinances of City. In the event a new plan is to be submitted, it shall accompany the notice given to the City. If no notice is given to the City, or appeal filed within said 30 --day period, Church shall be deemed to have agreed to construct such additional spaces pursuant hereto and to the Parking Plan. Church, however, agrees, anything herein to the contrary notwithstanding, not to appeal any such determination on the grounds that construction of Cote additional parking will require removal of any homes or improvements now or hereafter existing, or unusual or extraordinary grading and/or landscaping, it being understood by Church that the Parking Plan provides for removal of two dwellings and a garage now existing on the Property and requires unusual landscaping and grading. (c) If Church appeals to the Board, as above provided, Church, the City Manager or City Planner may appeal the decision of -3- 3357C(12): TSK' 031483 the. Board to the City council. by a filinp wrlt,.ten appeal ,j , pursuant to tile then applicable zoning ordinances of, City- , ion of the Board Shall if no such appeal is file(" tile dev j.sif so appealed be final- and conclusive Oil City and Church. to the City Council., the decision of the city Council shall be Final and conclusive oil City and Church. Church agrees that the deLennillatirltl Of the City &,tanager and City P13"ller be correct and that Church ,hall have Shall. be- presumed to be Such presitaiption. the burden Of PrOOf ' d) Church ll shall co"llell"! coilst uv qion of such addid.0 nal then required by the City jqanager and parking spaces i's are (lays after said notice the City Planner within ninety (90) is given by the the City Manager unless . Cil Planner and Church elects to %lbillit'. A new parking plan, it, Which case Such c011-3truct'o" shall commence within ninety (90) - approval or rejecti.011 by tile City of tile days '.Ift(" . (ti)) Church appeals Such proposed new P10", Or determination to the Board, in which case construction shall commence withill, ninety (90) days after decision Of the lioard (if tilt. hoard decision is that additional sINICOS must be constructed) or within ninety (90) days after decision Of tile City council if the Board decision is to City Council, and it tile appealed, as above allowed, City Council, decides that additional spaceexs musttendedfbe constructed. The 90 -day period shall be or delays clue to weather, labor disputes, materiasualtal shoyrtaacgets s or unavailability of material, material of God, the public enemy, or other causes beyond the reasonable control of Church, in which case the 90 -day period shall, provided, bpLqlnsuch delays; that no extension shall be given for any suet, delay unless written notice Of such delay is given to the City within ten (10) (lays after the commencement of the delay. Once commenced, the construction shall be completed with all duet as soon as poofssiwhether ble thereafter. The City shall be the sole judge Church is using doe diligence in completing such construction. 3. Church agree a that the property is and shall be deemed a of application of tile provisions of the zoning single Site for Purposes time to time adopted by City- Church further Ordinances Of City from understands and agrees that becaus of tile improvements and existing 1,11provements ()It the Property, and because Of the requirements Of tile 3357C(12):T5E:042783 zoning ordinances of City, as varied by the Variances, it is necessary that the entire Property not be used for any purposes other than school and church purposes, and be retained, owned, used and operated by one owner as one contiguous tract and one economic unit; provided, however, and it is understood and agreed by City and Church, that Parcels 2 and 4 on said Exhibit A are presently rented for residential uses, that Parcel 5 on said Exhibit A is presently being used for school purposes, and that any two of said three parcels may, from time to time, be rented by Church for residential uses when not used by Church for school and church purposes. Therefore, Church hereby agrees that it shall, not use the Property for any purpose or use of any kind other than school and church uses, except, however, as otherwise provided in the immediately preceding sentence, and shall not sell, convey, transfer, mortgage or encumber, in any way or by any weans, less than all of the Property, in its entirety, at one time and to one person, without receiving in each instance the prior written consent of City, which consent may be withheld for any reason or cause, and Church hereby expressly and unconditionally waives any and all provisions of applicable law which would otherwise, but for this waiver, allow Church to sell, convey, transfer, mortgage or encumber portions of the Property to different persons or at different times or without the prior written consent of City. 4. If any term, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, provision and condition to persons or circumstances other than those as to whom it shall be held invalid or 7 -5- 3:3570(12):'rsr.,.-033083 11P. P1 - unenforceable, -;hall not be affected thereby, and this Agreement, and all tilt! terms, provisions and condition.,; hereof, shall, in all. other respects, continue to be effective and to be compiled with to the full extent permitted by law. Provided, however, the foregoing to the contrary notwithstanding, if, for any reason, any term, condition or provision hereof should be determined by the legal, counsel for City, or by a court of competent Juvisdiction, nsat to be fully binding upon and rtttly enforceable against any owner of the Property, then, City, at Its option, may determine, by resolution of the City Council, that all of tile Variances shall wholly cease and terminate and, if such determination be made, the Property shall then and thereafter be used and useable only in full compliance with all applicable ordinances of the City. S. In tile event that Church fails or refuses to fully comply with all of its obligations under this Agreement, or violates any of the provisions hereof, and such failure, refusal or violation continues for a period of thirty (30) days after notice thereof is given to Church, then, in that event, In addition to any other remedies then available to the City at law or in equity, the City shall have the right to: (a) Enter upon the Property with such personnel, equipment and materials as the City deems necessary for the purpose of performing the obligations of Church hereunder that it has failed or refused to perform, or, at the City's discretion, for the purpose of constructing some or all of the parking spaces shown on and pursuant to tile Parking Plan, whether or not then required hereunder to be constructed, without liability or obligation of any kind to Church or any owner or occupant of the Property for trespass or ([,image to the Property, the Improvements or other property or improvements thereon or for loss of business or business interruption, or any other Cause, zill of which liability and obligation Is hereby waived by Church, and If any person makes any claim against City for loss or damage to 3357C(12):TSC:033083 property or business due to such entry, Church agrees to hold City harmless from and indemnified against any loss, cost, damage or expense, including reasonable attorneys' fees, whether suit be brought nrclemandaafsCity, any such of such claim, and to pay to City, p reasonable Loss, cost, damage or expense, including attorneys' fees, suffered or incurred by City, With interest at ten (10%) percent per annum from the dates suffered or incurred by City until paid. obtain enforcement of this Agreement by court order for (bi appropriate relief. mandatory injunction or other app p (c) Withhold or deny any building permits, certificates of occupancy, utility connection permits and any other permits and approvals, then or thereafter to be issued or granted, by the City for the construction or occupancy of all or any part of the Improvements or other property or improvements on the Property, until such itsfailure obligationsrefusal hereunder�nd Church fully complies with (d) Recover damages incurred by City as a result of such failure, refusal or violation. All of the rights and remedies available to City shall be usable and enforceable by the City separately or concurrently as the City shall determine, and the use of, one right or remedy shall not Waive or preclude the use of any one or more of the other rights or.remedies. Also, the failure to exercise, or delay in exercising, any right or remedy available to City in the event of a failure, refusal or violation by reclude Cit from thereafter exercising any of its Church, shall not p y rights or remedies for the same or a subsequent failure, refusal or tees to pay to City any and all costs and expenses violation. Church ag incurred by City in enforcing this Agreement by the use of the rights and remedies above set out or by other rights, remedies or means available to the City at law or in equity, including reasonable attorneys' fees, whether suit be brought or not, and With interest on all such costs and -7- A31 13 5 /C( 12 ) :'r St., - 0 31083 expenses lit the rate of ten ( tOY. ) percent per annum f rom the dates incurred by tile City until paid. Church also agre I aes to pay all costs of collection of any moneys due to City from Church pursuant hereto, and of such costs and expenses incurred in enforcing this Agreement, or any of City's rights heretinder, t4frjj interest thereon, again including rea.4onable attorneys' fees, and whether suit be brought. or not, with interest at the rate of ten (107.) percent per annum from the dates such costs of collection were incurred until paid. 6. All notices, reports or demands required or permitted to be given under this Agreement, inettiding the determinations referred to in paragraph 2 here -of, shall be in writing and shall be deemed to be given when personally delivered to any officer of the party to which notice is being given, or when deposited in the United States mail In a sealed envelope, With registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To City: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager To Church: 5421 France Avenue South Edina, 14innesoLa 55410 Such addresses may be changed by any party upon notice to the other party given as herein provided. 7. The terms and provisions hereof shall be binding upon and itittre to tile benefit: of the parties hereto and their respective successors and assigns, ;in(( shalt rill, with tile title to the Property and 3357C(19):TSE:033083 be binding upon all present and future owners of the Property. if there be at any future time more than one owner of the Property, all of such then owners, while they are such owners, shall be jointly and severally liable for all obligations under this Agreement, 8, The conditions herein contained may be released or relaxed in whole or in part, as to all or any part of the Property, and as to any building or structure now or hereafter located thereon, by the sole act of the City. Any such release or relaxation shall be effective only upon the recording of a resolution of the City Council describing the condition or conditions released or relaxed in the same office in which this instrument has been recorded. IN WITNESS WHEREOF, the parties hereto have causd this Agreement to be executed the day and year first above written. ST. PETER'S EVANGELICAL LUTHERAN CHURCH By Its " And -- CITY OF EDINA r By f!C , 77.,E y i .,._!_ • Its Ma or And Its Manager STATE OF HINNI,.'SOTA ) ) ss COIJN,ry or 11LN'NI7'Vt,'I ) - 22nd day acknowt.edged bL11`01'e 'Ile i't'IstrumeRr WV3 'Cile foregoil Ig I *id by Donalti 0. ejlroSe, 1:11C ,,ccreLary of May, 1983, by Ileen S. 1'13r"L1 aunt by of St. peLLr0,j EvangellcaL and tile Chairman Of 'rrusLees re'"L 50ta Luttl0ra" C11"c"' (al'so k1lowli as Sr. peter' `r Luthol'an. Church), a "IltitlL religi,003 cOrPoraLiou, (-,)n behalf of said corporatit)"- M1,N4NESOTA SME OF ) ss vmmVPTN ) N,0t',1rY Public DANIEL A. UTTER NOTARY PUBLIC --MINUESOTA HENNEPIN COUNTY My C4otninisuon Expires lune 24,19H COUNTY Or U - ' was acknowledged before me this 3rd day of r e TI-te f 0 goj.ng instytiment- sland tile Mayor and the June' 1983 bY C- Wayne Courtney and Kenneth Ro manager, respecLivoLy, of the GICY of Ldi-tia, j, Ittjjjjasota njunicipal corporation# on belullf of said corporation. CRAIG L. LAK.EN NOTA'( Pulaw. All 1.'-IfS0IA 15, 1584 N ar Public EltHr_ T A (the "Property„) 3357C(12):TSE: 031483 Parcel 1 -- 5421 France Avenue: Lots 8, 9, l0, and ll, lilockLakeand Harriet,gHetroug16 nnepin County,inclusive, Block 4, Ivandale Park near Minnesota. Parcel 2 - 3704 West Fuller Street: Lots 12, 13, and 14, Block 3, Hennepin County, Minnesota. Ivandale Park near Lake Harriet) Parcel 3 -- 5425 France Avenue South: part of the The West 240 feet of the West 48h L2tofthe fthat Northwest quarterth 1/2 of the South l/2 of the North of the Northwest quarter lying East of the Fast line of France in Avenue, as now lWestid out of the Fourthtraveled PrincipaltMeridian, Hennepin20, Township $ North, [range 24 W to the Government survey County. Minnesota, all according thereof. parcel 4 - 3721 West Fuller Sti. eet: part of he The East 60 feet of the Wesst300fe 1/2 t of thOf atNorthwesttQuarterh 1/2 of the South 1/2 of theNorth of Northwest Quarter lying East of the East line of fTFrance 2$ Avenue as now laid t o fathetFourth Principalin oMerOdian, Hennepin North, Range 24 West County, Minnesota, all according to the Government Survey thereof. Farcel 5 -- 3717 West Fuller Street: The East 60 feet of the West 393 feet of the North halfer of the South half of the North half of the Northwest q Northwest quarter in Section 20, Township 28 inrth, Range 24 West of the Fourth Principal Meridian, Minnesota. N 4 s i ? w ' TA t u � `h 1 f � i� x' 1 c`7 ✓ � � ' l �� � j � •h ✓ _ � ' of - � � >„°' �� # !•. ..-.-- ' , , City Hall • 4801 W. 50th St., Edina, MN 55424 Phone 952-927-8861 • Fax 952-826-0390 • www.CityofEdina.com Date: January 25, 2012 Tos Planning Commission From: Cary Teague, Planning Director Res Expansion of the Centennial Lakes TIF District The City Council has directed staff to investigate the process necessary to expand the Centennial Lakes Tax Increment Financing (TIF) District. The purpose of the request is to enable the City to expand the area in which the City could expend funds from the Centennial Lakes TIF District. (See the attached map on page Al.) As an example, under the proposed modification, monies from the original Centennial Lakes TIF District could be spent on items associated with the Grandview District. As part of this process, the Planning Commission is required to pass a resolution stating that the expansion of the TIF is in compliance with the Comprehensive Plan. Ehlers & Associates have prepared the attached document that would modify the Tax Increment Financing Plan for the Centennial Lakes Tax Increment Financing District. The Plan does not contemplate any modifications to the City's Land Use Plan within the Comprehensive Plan; therefore, the Plan would be in compliance with the Comprehensive Plan. This amendment may actually provide a greater opportunity for the City to implement some of the goals and policies of the Comprehensive Plan. The Planning Commission is therefore asked to consider the attached resolution finding that the Plan for the Centennial Lakes Tax Increment Financing District conforms to the general plans for the development and re -development of the City. Giv of Minn • ARAI Wail 5f lh SFroAt • Prlinn MN .S..IWA yam,, fimen&nent 1 F.. r CoSwtboo* fAnm PW*Aum + i { ■� VYr2' r � Z n, 4 jNr,k .iyN 8 v= d r K`A7tNl^A U43,111UN .. x,. tit - IM»' ,,••, t .Yaw ` ..wkw It a'w , 3d i � r 3 p v ... wa Voox, r 44 ai TM n. v<x a. ddd »•Y �"» a MY71 IPte ' t d a f it z x a • i' ^ umrtr,ana113urs �� �;„ � x �. � I . F a " v a d_ „ a yam,, fimen&nent 1 F.. r CoSwtboo* fAnm PW*Aum + i { ■� VYr2' r � Z n, PLANNING COMMISSION CITY OF EDINA HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION OF THE CITY OF EDINA PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE SOUTHEAST EDINA REDEVELOPMENT PROJECT AREA AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR CENTENNIAL LAKES TAX INCREMENT FINANCING DISTRICT CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the Edina Housing and Redevelopment Authority (the "HRA") and the City of Edina (the "City") have proposed to adopt a Modification to the Southeast Edina Redevelopment Project Area (the "Redevelopment Area Modification") and the Tax Increment Financing Plan (the "TIF Plan") for the Centennial Lakes Tax Increment Financing District (the "TIF Plan") therefor (the Redevelopment Area Modification and the TIF Plan are referred to collectively herein as the "Plans") and have submitted the Plans to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, tate Commission has reviewed the Plans to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans conform to the general plans for the development and redevelopment of the City as a whole. Dated: January 25, 2012 Chair ATTEST: Secretary l .a an As o, f January 13, 2012 Drgft for Planning Commission 'aX Modification to the Tax Increment Financing Plan for the Centennial Lakes Tax increment Financing District (a redevelopment district) the Southeast Edina Redevelopment Project Area Edina Housing and Redevelopment Authority City of Edina Hennepin County State of Minnesota Adopted: March 7, 1988 Public Hearing on Modification No. 7: February 7, 2012 Modification No. 7 Adopted: This document is in draft form for• distribution to the County and the School District The TIF Plan contains the estimated fiscal and economic implications of the proposes TIF District. The City and the HRA may make minor changes to this draft documen ,,)riot• to the public hearing. Prepared by: EHLERS & ASSOCIATES. INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697.8500 fax: 651-697-6555 www.ehlers-ine.com Table of Contents (for reference purposes only) Section 9 - Municipal Action Taken....................................................................................1-1 Section 2 - Tax Increment Financing Plan for the Centennial Lakes Tax Increment FinancingDistrict.......................................................................................................................2-1 Subsection2-1. Foreword.................................................................................................2-1 Subsection 2-2. Statutory Authority.................................................................................2-1 Subsection 2-3. Statement of Objectives........................................................................2-1 Subsection 2-4. Redevelopment Plan Overview...........................................................2-3 Subsection 2-5. Description of Property in the District and Property To Be Acquired.................................................2-3 Subsection 2-6. Classification of the District..................................................................2-3 Subsection 2-7. Duration and First Year of Tax Increment of the District.................2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements...............2-4 Subsection 2-9. Sources of Revenue/Bonds to be Issued..........................................2-6 Subsection2-10. Uses of Funds......................................................................................2-7 Subsection 2-11. Fiscal Disparities Election..................................................................2-9 Subsection 2-12. Business Subsidies...........................................................................2-10 Subsection 2-13. County Road Costs...........................................................................2-11 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions ..........................2-11 Subsection 2-15. Supporting Documentation..............................................................2-14 Subsection 2-16. Definition of Tax Increment Revenues...........................................2-14 Subsection 2-17. Modifications to the District..............................................................2-14 Subsection 2-18. Administrative Expenses..................................................................2-15 Subsection 2-19. Limitation of Increment.....................................................................2-16 Subsection 2-20. Use of Tax Increment........................................................................2-17 Subsection 2-21. Excess Increments............................................................................2-18 Subsection 2-22. Requirements for Agreements with the Developer ......................2-18 Subsection 2-23. Assessment Agreements.................................................................2-19 Subsection 2-24. Administration of the District............................................................2-19 Subsection 2-25. Annual Disclosure Requirements....................................................2-19 Subsection 2-26. Reasonable Expectations................................................................2-19 Subsection 2-27. Other Limitations on the Use of Tax Increment............................2-19 Subsection2-28. Summary .............................................................................................2-20 Appendix A ProjectDescription............................................................................................................... A-1 Appendix B Map of the Southeast Edina Redevelopment Project Area and the District ............... B-1 Appendix C Description of Property to be Included in the District ..................................................... C-1 Appendix D Estimated Cash Flow for the Distric.............................................................................. D-1 Appendix E Minnesota Business Assistance Form...............................................................................E-1 Appendix F Redevelopment Qualifications for the District...................................................................F-1 Appendix G Findings Including But/For Qualifications......................................................................... G-1 Appendix H Propertyto be Acquired...................................................................................................... H-1 Section 1- Municipal Action Taken Based upon the statutory authority described in the Redevelopment Plan attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objects as set forth in the Redevelopment Plan, the City Council has created, established and designated the Southeast Edina Redevelopment Plan pursuant to and in accordance with the requirements of Minnesota Statutues, Section 469.126. The following municipal action was taken with regard to the Tax Increment Financing District located within the Southeast Edina Redevelopment Project Area: Centennial Lakes Tax Increment Financing, District: March 7, 1988: The Tax increment Financing Plan for Centennial Lakes Tax Increment Financing District was adopted by the HRA and City Council. 1988: The Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was modified by the HRA and City Council to amend the District budget in order to provide for the transfer of tax increment revenue from Edinborough Tax Increment Financing District into Centennial Lakes Tax Increment Financing District in the amount of $17,000,000 to pay for project costs included in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District. 1990: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council in order to provide for the transfer of tax increment revenue from 50'" and France Tax Increment Financing District into Centennial Lakes Tax Increment Financing District in the amount of $10,000,000 pay for project costs included in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District. December 29, 1998: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council order to provide for the transfer of tax increment revenue from Southdale Tax increment Financing District into Centennial Lakes Tax Increment Financing District in the amount of $1,399,306 pay ' for project costs included in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District and for bonded indebtedness. March, 2001: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council in order to account for additional land acquisition costs and land sale proceeds. December 20, 2005: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council to amend the District budget in order to provide for the additional transfer of tax increment revenue from 50'" and France Tax Increment Financing District into Centennial Lakes Tax increment Financing District in the amount of $5,000,000 for payment of principal and interest on bonded indebtedness. November 18, 2008: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council in order to provide for the additional transfer of tax increment revenue from 50"' and France Tax Increment Financing District into Centennial Lakes Tax Increment Financing District in the amount of $2,000,000 and from Edinborough Tax Increment Financing District into Centennial Lakes Financing District in the amount of $5,000,000 for payment of principal and interest on bonded indebtedness. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 1-1 Section 2 - Tax Increment Financing Plan for the Centennial lakes Tax Increment Financing District Subsection 2-1. Foreword The Edina Housing and Redevelopment Authority (the "HRA"), the City of Edina (the "City"), staff and consultants have prepared the following information to modify the Tax increment Financing Plan (the "TIF Plan") for the Centennial Lakes Tax Increment Financing District (the "District"), a redevelopment tax increment financing district that was established by resolution of the HRA and City on March 7, 1988 and is located in the Southeast Edina Redevelopment Project Area. Centennial Lakes Tax increment Financing District is Hennepin County Code 1203 and 1249. Tile County Code of 1203 references the parcels in the District which are located in the Richfield School District ISD N0.280 and the County Code of 1249 references the parcels in the District which are located in the Bloomington School District ISD No.271. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes CU.S.'), Sections 469.001 to 469.447, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the TIF Plan for the District. This modification to the TIF Plan (the "Modification") restates and replaces, in their entirety, the original TIF flan adopted on March 7, 1988 (the "Original TIF Plan") and all subsequent modifications. A list of City and MRA actions taken in connection with the TIF Plan is provided in Section 1. Other relevant information is contained in the Modification to the Redevelopment Plan (the "Redevelopment Plan") for the Southeast Edina Redevelopment Project Area (the "Project Area'"). Subsection 2-3. Statement of 4 The purpose of this Modification to the TIF Plan is to identify parcels that the NRA and City are authorized to acquire with tax increments derived from the District, and to authorize the HRA and City to expend tax increments derived from the District on redevelopment activities in the modified and expanded Project Area. The modification also restates the budget in conformance with the Office of the State Auditor requirements. The District was certified with seven parcels and currently consists of thirteen parcels of land and adjacent and internal rights-of-way. The increase in parcels resulted from replatting property within the district. Edina Housing & Redevelopment Authority Centennial takes TIF District 2-1 (from original r1F Plan) The District was created to: 1, Promote and secure the prompt and orderly redevelopment of the property within the Project Area in a manner consistent with applicable governmental comprehensive plans and with minimal adverse impact on the environment; 2. Control the intensities of land uses to alleviate the existing cmd ftrhtre trgjfic impacts on France Avenue and the road system in the southeast area of the City; 3. Promote and secure additional housingfor the elderly and persons cj'low and moderate income and other residents of the City and surrounding area at a reasonable cost, thereby enhancing living conditions and their general health and welfare; 9. Secure the increase in property subject to taxation by the City, Hennepin County, Independent School District Nos. 280 & 271 and other local government taxing j:n•isdictions, in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; and S. Provide moneys for the payment of the cost of redevelopment activities in or adjacent to the Project Area which are necessary to serve the Project Area and for lite orderly and beneficial development of the Project Area and uc#acent areas of the City. This TtF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Southeast Edina Redevelopment Project Area. Please see Appendix A for further District information. As of the date of this modification to the TIF Plan, The MRA has entered into the following development agreements: 1. Tax Increment Assistance Agreement between the HRA and United Properties dated July 1, 1996 for the construction of an office building, restaurant, and related parking facilities and other site improvements. 2. South Park Development Agreement and Tax Increment Assistance Agreement between the HRA and South Edina Development Corporation, dated December 1, 1996, for construction of office buildings and related public improvements. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. 'These activities are anticipated to occur over the life of the Southeast Edina Redevelopment Project Area and the District. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2-2 Subsection 2-4. Redevelopment Plan Overview I . Property to be Acquired - The 14RA or City currently owns one parcel of property within the District. The remaining property located within the District may be acquired by the HRA or City and is further described in this TIF Platt. Furthermore, tax increments may be used to acquire property located within the Project Area and identified in Appendix H. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S.. Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the Project Area, or may lease land or facilities to a developer. 4. The HRA or City may perforin or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District and Project Area. Subsection 2-6.. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. Subsection 2-6. Classification of the District (Froin Original TIF Plan) Tax Increment Financing District. Less than 70 percent of the parcels in the District are occupied by buildings, streets, utilities, cit- other improvements. As shown by the Real Estate Consulting Analysis dated September 15, 1987 prepared by Robert Boblett Associates, lite., due to unusual terrain and soil deficiencies requiring substantial filling, grading or other physical preparation for use at least 80% of the total acreage of land in the District had a fair market value tipon inclusion in the District, which when added to lire cost ofpreparing that land for development, excluding costs directly relating to roads and defined in Section 160.01 and local improvements as described in Section 429.021, subdivision 1, clauses 1 to 7, 11 and 12 and 430. 01, exceeds it anticipated fair market value c fler completion of the preparation. In addition, the HRA has concluded rift agreement for the development of at least 50% of lite acreage in the District having the unusual soil or terrain deficiencies, which agreement provides recourse to the NRA should the development not be completed. Therefore, the District comprises and is designated as a "Tar Increment Financing District " and is a "Redevelopment District ", as defined in and pursuant to Minnesota Statutes, Sections 469.174 it) 469.179. Edina Mousing & Redevelopinent Authority Centennial Lakes TIF District 2-3 Subsection 2-7. Duration and First Year of Tax Increment of the District Pursuant to U.S., Section 469.175, Subd. 1, and Section 469.176, Subd 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.,5 , .Section 469.176, Subd. Ib., the duration of the District will be 25 years after receipt of the first increment by the HRA or City (a total of 26 years of tax increment). Hennepin County certified the TiF District on April 5, 1988 (referred to by Hennepin County as District No. 1203 and No.]249) and the HRA received the first tax increment in 1989. Thus, (lie District, including any modifications of the TI I, Plan for subsequent phases or other changes, will terminate after 2014, or when the TiF Plan is satisfied. The [IRA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity ValuelIncrement and Notification of Prior Planned Improvements (From Original TIF Platt) The Assessed Value of all taxable property in the District as most recently certified by the Commissioner of Revenue of the State of Minnesota, being lite certification made in 1987 with respect to the .assessed Value of such property as of January 1, 1987, for taxes payable in 1988 is estimated to be $4,823,003, which amount is expected to be the Original Assessed Value afstrch properly. A parcel included in the District (FID #5-27-24-21-0004) Is tact exempt by reason ofownership ofsuch parcel by the HRA. Such parcel has been owned by the NRA for more than one year and pursuant to Minnesota Statutes, Section 469.174, subdivision 7, the original assessed value of such property while owned by the District will be zero. (As Modified February 7, 2012) Pursuant to U.S., Section 469.174, Subd. 7 andU.S., Section 469.177, Subd, 1, the Original Net Tax Capacity (ONTO) as certified for the District was based on the market values placed on the property by the assessor in 1987 for taxes payable 1988, Pursuant to M.S., Section 469,177, Subds, I and 2, the County Auditor shall certify in each year (beginning in the payment year 1989) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. Edina Housing &. Redevelopment Authority Centennial Lakes TiF District 2-4 In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTO, no value will be captured and no tax increment will be payable to the HRA or City. The ONTC far the District certified by Hennepin County for taxes payable in 2012 is $200,867. No parcels have been added to the TIF District nor has there been any change to the tax exempt status of property within the district, therefore any change to the ONTC since 1988 would be due to changes in the use of the property or classification and statutory changes to class rates. Because the request for certification of the District occurred prior to May 1, 1988, the requirement to use the lesser of the current local tax rate or the original local tax rate, pursuant to U.S. Section 469.177, Subd la does not apply to the District. The current local tax rate will be used to calculate annual tax incrcment. The estimated local tax rate for taxes payable 2012 is used for the purpose of tax increment projections in the Modification. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within the Southeast Edina Redevelopment Project Area will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 1989. The Project Tax Capacity (PTC) listed are the values assessed in 2011 for taxes payable in 2012. The parcels in the District are in two unique taxing areas. The CTC for the parcels in the School District No.280 is listed in the chart below and the CTC for the parcels in School District No.271 is listed on the next page. Centennial Lakes Tax Increment District Parcels in School District No.280 (County Code No.1203) Project Estimated Tax Capacity upon Completion (PTC) $3,327,678 Less Original Estimated Net Tax Capacity (ONTO) ($194,197) Estimated Captured Tax Capacity (CTC) $3,133,481 Original Local Tax Rate 1.14022 Estimated Pay 2012 Estimated Annual Tax Increment (CTC x Local Tax hate) $3,572,857 Percent Retained by the HRA 100% Tax capacity —includes in a on factor or-thedur;tiono t ►e District. e ax catlaC ty included in this chart is the estimated tax capacity of the District in year 25. Edina Housing & Redevelopment Authority Centennial takes TIP District 2-5 Centennial Lakes Tax Increment District Parcels in School District No.271 (County Code No.1249) Project Estimated Tax Capacity upon Completion (PTC) $17,980 Less Original Estimated Net Tax Capacity (ONTC) ($6,670) Estimated Captured Tax Capacity (CTC) $11,310 Original Local Tax Rate 1.08127 Estimated Pay 2012 Estimated Annual Tax Increment (CTC x Local Tax Rate) $12,229 Percent Retained by the HRA 100% Tax capacity includes a 0% inflation factor for the duration of the District. t ne tax capacity Included in this chart is the estimated tax capacity of the District in year 25. Pursuant to M.S., Section 464.177, Suhd 4, the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to U.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to U.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The HRA and City are not adding parcels to the District. Subsection 2-9. Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by bond issues, loans, and transfers. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The FIRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. Bdina Housing & Redevelopment Authority Centennial Lakes TIF District 2-6 The total estimated tax increment revenues for the District are shown in the table below., The HRA or City may issue bonds (as defined in the TIP Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $41,400,000. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of public improvements within the Project Area as modified on February 7, 2012. 'rhe HRA and City have detcnnincd that it will be necessary to provide assistance to the projects for certain District costs, as described. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, tltis TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Edina Housing & Redevelopment Authority Centennial Lakes TiP District 2-7 cumulative Proposed Sources Modified Budet Budget Modification 11/18/2008 217/2012 Tax Increment (See Note 1) 90,000,000 130,000,000 Interest 2,500,000 5,000,000 Bond Proceeds (See Note 3) 34,400,000 Sales/lease proceeds 11,637,070 9,137,070 Other Revenues (See Note 2) 1,894,632 - Transfers in (See Note 1) 40,000,000 - TOTAL 180,431,702 144,137,070 The HRA or City may issue bonds (as defined in the TIP Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $41,400,000. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of public improvements within the Project Area as modified on February 7, 2012. 'rhe HRA and City have detcnnincd that it will be necessary to provide assistance to the projects for certain District costs, as described. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, tltis TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Edina Housing & Redevelopment Authority Centennial Lakes TiP District 2-7 Uses Land/Building Acquisition 22,981,425 30,000,000 Site Improvements/Preparation 10,432,747 15,000,000 Other Qualifying Improvements (See Note 1) 50,337,070 Parking Faciltiies 8,860,000 Park Facilties 6,578,483 Bond Principal Payments (See Note 2) 41,400,000 Bond Interest Payments 38,000,000 see below Loan Principal Payments Loan Interest Payments 14,684,711 see below Other Improvements Parkland Dedication 2,030,345 Paid to other Governments 42,000 Administrative Costs (up to 10%) 1,600,000 1,800,000 PROJECT COST TOTAL 146,609,711 97,137,070 Interest 47,000,000 PROJECT AND INTEREST COSTS TOTAL 146,609,711 144,137,070 Note 1; reporting forms consolidate most previous budget categories into "Other Qualifying improvements." The 2/7/2012 budget m odification follows the current OSA budgeting and reporting format. Note 2: Current OSAbudgeting and reporting forms no longer show bond proceeds as a revenue source. The Cityand MRAare authorized to incur up to $41,400,000 in bonded Indebtedness. The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Funds above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Ilan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to U.S., Section 469.1763, Subd, 2, no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of the Southeast Edina Redevelopment Project Area, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2-8 Subsection 2-11. Fiscal Disparities Election Pursuant to US, Section 969.177, Subd. 3, the HRA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to U.S., Section 969.177, ,Sabel 3, clause a, (outside the District) are followed, the following method ofcornputation shall apply: The original net tar capacity and the current net tar capacity shall be determined before the application of the fiscal disparity provisions of Chapter 27611 or ME. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where lire original net tax capacity is less than the current net tax capacity, the difference between the original net tar capacity and the current net tax capacity is the captures! net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment_ nancing plan, to share with the local taring districts is the retained captured net tax capacity of the authority. 2. The county auditor shall erchrde the retained captured net tar capacity of the authorityfrom the net tax capacity of the local tacitly' districts In determining local taxing district tar rates. The local tar rates so determined are to he extended against the retained captured net tax capacity of lire authority as well as the net tar capacity of the local taring districts. The tar generated by the extension of the lesser of (A) the local taxing district tar rates or (8) the original local tax rate to the retained captured net tar capacity of the authority is the tax increment of the authority. The HRA will choose to calculate fiscal disparities by clause a. According to M.S., Section 969.177, Subd. 3: (c) The method of computation of tax tncrerrrent applied to a district pursuant til paragraph (a) or (b) shall remain the same for the duration of 'the district, except that the governing body may elect to change its election from the method ofcomputation in paragraph (a) to the method in paragraph (b). Edina Housing & Redevelopment Authority Centennial lakes TIF District 2-9 Subsection 2.12. Business Subsidies Pursuant to ATS., Section 116J.993, Subd 3, the following forms of financial assistance are not considered a business subsidy; I. A business subsidy of less than $150,000; 2. Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; 3. Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; 4. Redevelopment property polluted by contaminants as defined in MS., Section 1161.552, Subd. 3; S. Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; 6. Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; 7. Assistance for housing; 8. Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under U.S., Section 469.174, Subd. 23; 9. Assistance for energy conservation; 10. Tax reductions resulting from conformity with federal tax law; 11. Workers' compensation and unemployment compensation; 12. Benefits derived from regulation; 13. indirect benefits derived from assistance to educational institutions; 14. Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; 15. Assistance for a collaboration between a Minnesota higher education institution and a business; 16. Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; 17. Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; 18. General changes in tax increment financing law and other general tax law changes of a principally technical nature; 19. Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; 20, Funds from dock and wharf bonds issued by a seaway port authority; 21. Business loans and loan guarantees of$150,000 or less; 22. Federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and 23. Property tax abatements granted under M.S., ,Section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2-10 The I -IRA will comply with N1.S., Sections 1161993 to 116J 995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 2-13. County Road Casts Pursuant to U.S., Section 469.175, Subd. ]a, the county board may require the HRA or City to pay for all or pant of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the HRA or City withinn forty -rive days of receipt of this TiF Plan. in the opinion of the 11RA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The HILA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-14. Estimated impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would have occurred without the creation of the District. However, the HRA and City have determined that such development or redevelopment would not have occurred "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District County Code 1203 for parcels located in the Richfield ISD No. 280 for taxes payable in 2412 would be as follows if the "but for" test was not met: IMPACT ON TAX BASE COUNTY CODE NO. 1203 Estimated 201I/Pay 2412 Estimated Captured Total Net Tax Capacity (CTCj Tax Capacity Upon Completion Hennepin County 1,399,287,469 3,133,481 City of Edina 99,116,771 3,133,481 Richfield ISD No. 280 44,246,753 3,133,481 Edina Housing & Redevelopment Authority Centennial Lakes TIF District Percent of CTC to Entity Total 0.2239/0 3.1614% 7.0818% 2-11 IMPACT ON TAX BASE COUNTY CODE NO. 1203 The estimated fiscal impact of the District County Code 1249 for parcels located in the Bloomington ISD No.271 for taxes payable in 2012 would be as follows if the "but for" test was not met: IMPACT ON TAX BASE COUNTY CODE NO. 1249 Estimated Pay Estimated 2012 Percent Estimated Captured Potential Extension Rates of Total CTC Taxes Hennepin County 0.487770 42.66% 3,133,481 1,528,418 City of Edina 0.259080 22.66% 3,133,481 811,822 Richfield ISD No. 280 0.282900 24.74% 3,133,481 886,462 Other 0.113762 9.95%3,133,481 33.481 3 6,465 Total 1.143510 100.00% 3,583,167 The estimated fiscal impact of the District County Code 1249 for parcels located in the Bloomington ISD No.271 for taxes payable in 2012 would be as follows if the "but for" test was not met: IMPACT ON TAX BASE COUNTY CODE NO. 1249 Estimated 201ItPay 2012 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Hennepin County 1,399,287,469 11,310 0.0008% City of Edina 99,116,771 11,310 0.0114% Bloomington ISD No. 271 129,879,607 11,310 0.0087% IMPACT ON TAX BASE COUNTY CODE NO. 1249 Estimated Pay 2012 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.487770 45.11% 11,310 5,517 City of Edina 0.259080 23.96% 11,310 2,930 Bloomington ISD No. 271 0.223950 20.71% 11,310 2,533 Other 0.110470 10.22 0 11.310 1.249 Total 1.081270 100.00% 12,229 Edina Housing & Redevelopment Aulhority Centennial lakes TIF District 2-12 The estimates listed above display the captured tax capacity based on Pay 2012 market values for property within the District. The tax rate used for calculations is the estimated Pay 2012 rate. The total net capacity for the entities listed above are based on estimated Pay 2012 figures. The Modification does not enlarge the boundaries of the TIP District and the TIF District is fully developed. Therefore, there is no estimated impact on other taxing jurisdictions as a result of this Modification. Pursuant to U.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be authorized over the life of the District is $130,000,000, a portion of which was increment transferred in from other TIP Districts in the Project area; (2) Probable impact of the District on city provided services and ability to issue debt. (3) Cstimated amount of tax increment attributable to Richfield 15D No 280 levies It is estimated that the amount of tax increments over the life of the District that would be attributable to ISD No. 280 levies, assuming tine school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $22,161,550; (4) Estimated amount of tax increment attributable to Bloomington ISD No 271 levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to ISD No. 271 levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $63,825; (5) Estimated amount of tax increment attributable to county, levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $38,948,375; (6) Additional information requested b the he count or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to U.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Pdina Housing & Redevelopment Authority Centennial Lakes TIP District 2-13 Subsection 2-16. Supporting Documentation Pursuant to U.S. Section 469.175, Subd. 1 (a), clause 7 the TIF flan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd 3, clause (b)(2) and the findings are required in the resolution approving the District. Following is a list of reports and studies on file at the City that support the HRA and City's findings: A 10,j ofapplivol�le �tt�cli � %V III 13+.� II%Io,1 1wof, IIriyI1 141 111,+ t tjhIIk- It, ItIti±t,. Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M,., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: I . Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under U.S., Section 469.177; 2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under M.S., Section 280.1384. Subsection 2-17. Modifications to the District In accordance with MS., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements of MS., Section 469.173, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; S. increase in the estimate of the cost of the District, including administrative expenses, that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the HRA or City, Edina Housing & Redevelopment Authority Centennial Lakes TiF District 2-14 shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. The purpose of this Modification is to designate additional property to be acquired by the FIFtA or City with bonded indebtedness not to exceed $41,400,000.p Pursuant to MS. Section 169.175 Sttbd. 4(l), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of U.S., Section 469.174, Subd. 10, must be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from the District and (2)(A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (13) the FIRA agrees that, notwithstanding U.S., Section 469.177, Suhd, 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. This modification does not increase the geographic area of the District. The HRA or City must notify the County Auditor of any modification to the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-18. Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the HRA or City, other than: I . Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the District; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the District; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2.15 For districts for which the request for certification were made before August I, 1979, or after June 30, 1982, and before August 1, 2001, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by U.S., Section 469.174, Subd, 25, clause (1), from the District, whichever is less. For districts for which certification was requested after July 31, 2001, no tax increment may be used to pay any administrative expenses for District costs which exceed ten percent of total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined in U.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to MS., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of U.S., Section 469.176, Sub(( 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount currently .36 percent of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Subsection 2-19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2-16 Pursuant to M.S., Section 469.176, Subd. 6: if, after four years fr•onr the date of certification qf lite original net tax capacity of the lav increment financing district pursuant to U.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of rtlility service including; sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with lite tax increment financing plan, no additional tax increment inay be taken f om that parcel and the original net iar capacity of'that parcel shall be excluded from the original net lax capacity of the tax increment firrarrchug district. If lire authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation nit that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the lax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net lar capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tacr capacity of'the tat increnient•Tnancing district. ?'he county auiditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February I of the f film year following the year in which the parcel was certified as included in lite district. For purposes of this subdivision, quallfied improvements of a sit -eel are limlled to (1) construction or opening of a new street, (2) relocation of'a street, and (3) substantial reconstruction or rebuilding of an existing street. Subsection 2-20. Use of Tax Increment The 14RA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable properly located in the District for the following purposes: I. To pay the principal of and interest on bonds issued to finance a project; 2. to finance, or otherwise puny public redevelopment costs of the Southeast Edina Redevelopment Project Area pursuant to M.S., Sections 469.001 to 469.047; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the HRA or City or for the benefit of the Southeast Edina Redevelopment Project Area by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to U.S., Chapter 4620. M.S., Sections 469.152 through 469.165, and/or U.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Edina Housing, & Redevelopment Authority Centennial Lakes TIF District 2-17 Tax increments generated in the District will be paid by Hennepin County to the NRA for the Tax Increment Fund of said District. The NRA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for LIRA or City administration (tip to 10 percent) and for the costs of public improvement activities outside the District. Subsection 2.21. Excess Increments Excess increments, as defined in MS, Section 469.176, Subd. 2, shall be used only to do one or more of the following: I . Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The 14RA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the NRA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in the Southeast Edina Redevelopment Project Area or the District. Subsection 2-22. Requirements for Agreements with the Developer The HRA or City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the development with City plans and ordinances. The HRA or City may also use the Agreements to address other issues related to the development. Pursuant to U.S., Section 469.176, Suhd. S, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result of acquisition with the proceeds of bonds issued pursuant to US., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the HRA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the HRA or City should the development or redevelopment not be completed. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2-18 Subsection 2-23. Assessment Agreements Pursuant to ltt S., Section 469.177, Subd. 8, the HRA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County ,Assessor shall also certify the minimum market value agreement. Subsection 2-24. Administration of the District Administration of the District will be handled by the Executive Director. Subsection 2-25. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subdr. S, 6, and 6b the HRA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor on or before August I of each year. 1LS., Section 469.175, Subd. S also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 5. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-26. Reasonable Expectations As required by the TIC' Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon HRA and City staff awareness of the feasibility of developing the project site(s) within the District. A comparative analysis of estimated market values both with and without establishment of the [District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-27. Other Limitations on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the Edina Housing & Redevelopment Authority Centennial takes TiF District 2-19 Southeast Edina Redevelopment Project Area pursuant to U.S., Sections 469.601 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. Subsection 2-28. Summary The Edina Housing and Redevelopment Authority is established the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697.8500. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2-20 Appendix A Project Description The District was established in March, 1988 to redevelop parcels in the southeastern portion of Edina. The redevelopment consisted of office buildings, a restaurant, parking facilities and related improvements. Tax increment financing assistance was provided pursuant to two development agreements described in Section 2-3 of the Plan. The development is commonly referred to today as Centennial Lakes, Modification #7 to the District is being undertaken to accomplish the following: I ) Revise the District budget to be consistent with current statutory definitions of "tax increment" and the Office of the State Auditor tax increment reporting forms. 2) Authorize tax increment from the District to be used to undertake redevelopment of commercial areas and to pay for the installation of public improvements in the expanded Southeast Edina Redevelopment Project Area. All redevelopment will be consistent with the City's normal }Manning process, including the Comprehensive Plan and the use of Small Area Plans or other planning tools deemed appropriate by the City Planning Commission and City Council. 3) Authorize the MITA and City to use increment to acquire property in the expanded Southeast Edina Redevelopment Project Area. Parcels identified for acquisition in the Modification are listed in Appendix 11. Appendix A A-1 Appendix B Map of the Southeast Edina Redevelopment Project Area and the District Appendix B B-1 Southeast Edina Project ,Area Modification and Centennial Lakes TIF District N e Cadenniat Lakes TIF District WE Em Southeast Edina Project Area S Modified Project Area Engineering Dept. January, 2012 Appendix C Description of Property to be Included in the District (From Original TIF Plan) The District encompassed all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below when certified in 1988. Parcel Numbers County Code Address Owner 32.028.24.32.0002 1203 32.028.24.33.0001 1203 32.028.24.33.0002 1203 32.028.24.33.0003 1203 32.028.24.33.0004 1203 5.27.24.21.0004 1203 5.27.24.21.0005 1249 (As Modified February 7, 2012) The District currently encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. No parcels are being added as part of this modification. The list below includes parcel splits that have occurred over the life of the District. Parcel Numbers County Code Address Qwllff 32.028.24.23.0283 1203 3821 Gallagher Drive Miner Investment Group LP 32.028.24.32.0005 1203 7373 France Avenue South Aurora - Centennial Lakes LLC 32.028.24.32.0399 1203 7401 France Avenue South Centennial Lakes Plaza LLC 32.028.24.32.0400 1203 7501 France Avenue South Centennial Lakes Plaza LLC 32.028.24.33.0010 1203 Address Unassigned Rick Webb Real Estate LLC 32.028.24.33.0011 1203 7701 France Avenue South Centennial Lakes i LLC 32.028.24.33.0012 1203 7651 France Avenue South Centennial Lakes Grill LLC 32,028.24.33.0013 1203 7605 France Avenue South Centennial Lakes 1I LLC 32.028.24.33.0015 1203 ;6-01-7 FT Street West Centennial Lakes III LLC 32.028.24.33.0016 1203 7650 Edinborough Way Centennial Lakes IV LLC 32.028.24.33.0019 1203 3600 Minnesota Drive Centennial Lakes V LLC 32.028.24.33.0020 1203 Address Unassigned Edina HRA 05.027,24.21.Ogg4 1249 Address Unassigned Shaner Spe Associates LLP Appendix C C-1 Appendix D Estimated Cash Flow for the District Appendix D D-1 ift!V VV iRRA HIaaa M W 40 "Wunxa -'Oq'=mpD2W It sj*G Act Pando' "Uo5at Palto %uoqanjvAv3uvuIA UWrkbQ%X4&M UnIVA 1a> .MN -' Mok AL "wo lonmV SWCMI WIPA M=M 1001 *rpv *w mom os" 1161 acc'LM 14"1 apa4mm SO" 0010 sm.L f4sado moi w1w 0 0 04 JOUOV) tt:IfI4AO ,A61WT4 J0440 put %owndf1p leastj *IAV4 ams *%ow sonwo, tkodn twilwadop JVOA ol JvQA walk o+jlu"ljuI5fsAArA 1plo luauroj3ut X*4 Out, sass, 'i "Uo5at Palto %uoqanjvAv3uvuIA UWrkbQ%X4&M UnIVA 1a> .MN -' Mok 0010 0 0 0 0 0 00,0 tjwl lo"i 0 0 0 ME 00 0 00 0010 a. Rwsll'�Mkl "'o, 0,-Plud 0 -0-- 0 0 0 ZLOZ M-mvve't %001 SOT'S! Uvza - ZM0 va 109"962109"962otrus t 00 al"'imol k, I I I 001" orm Galla 9061411 ewsK zn*m osrogs 0 wustm t -a "w"t 91019L& MIM us= Mut oesve 0 mm-ui ,msam" M'u mrsU zaleft ftem saran tgsUt oscut 0 64vul" 1�100- mIt Iola owu SWU ava Sulu tww 0 69mm r= Z&OZ L"In owsa zsmt allm sw= gnU& OLIVIM 0 i9 a9q°L4L" GIF, 000'168'21000'168'21SLOMMIeVze tulp MIS, 914's S90s 6we imr6 0 9S'CZL7Z9 'a c"vz M'SU LSOILS& VAZsz swar 194'214 mrom 0 Mot -F,wist L9011Z swu� t 2400'182 892'222 z162111 WrIm 0 qfi*mUq "'attItt tau otrM SIMU& allm stmt swIIA ogna t Z41T9L 000-65599 tWm-vzI9zm QW" MW mvot colts %oot 452'6's sexal SMI sWMI Semi A)IMISMO AM&& 03 aM alt Ad '10"i Mi'm onm Auaditud sappactM 4od-d XVI imauedwa X21 Ma %oot %oot SWANN 4MA*4M9 OWOK 01x6 l;ud IM t wwzwu-, 0047wit ztGz %act Mot %OOL %oot 982'612 'PM vo "Uo5at Palto %uoqanjvAv3uvuIA UWrkbQ%X4&M UnIVA 1a> .MN -' Mok = JO inn kunoo sulpa do Mo sa)[el jeluu0jueo Z Oftd - 9011CO—SV OVA aseS ZIOMM VuLlarwounimp 114MnS 0 ME %OOL %001 %oot %001 - "'o, 0,-Plud VO -0-- t ZLOZ %0M %001 %oot %0M - va t rtoz %Dot %001 %OOL %001 - 111-1- V t ME %OOL Mot 96001 %OOL OU'LLS ,msam" uo 00 lat t ows owswoz 61001al4z-9za-ZE ?tOZ %OOL Mot %OOL %oot 062048 Jwa vo o*zwa ow'zwsz 9t00-cc-VZ-qm-zt r= Z&OZ %Dot 56001L Mot %oot owm ott*on -M g, 141, , WVo d 000'168'21000'168'21SLOMMIeVze %Dot %Dot %001 %oot owmW 2,NX2IFWI W,� ISM 00 t ow"Ot9t C1,00""M z= 36001 96001 Mot %001 vM9 Vo j t 004uvz, OD4'SWZ Zt00IC-VZ-9a0-Ze ewz +h001 %901 96001 Mot M, we -Jwd 0 iD1Y89S9ts1 t 00010ni�-` 000-65599 tWm-vzI9zm z1oz %oot Mot Mot %oot 452'6's & 004 -*V Moz %oot Mot %ODt %oot Mi'm vo t 009'a6'9t 0040 Z£ 4Z OZ0 Ze Ma %oot %oot Mot 96001 OWOK 01x6 l;ud IM t wwzwu-, 0047wit ztGz %act Mot %OOL %oot 982'612 'PM vo L OWODOIK 000'000104 9000Izc-I`zI8w-m ZtoZ %001. Vot %ODL %ook ograpt VO L owoorL owoorl CSZM*Z-swzc. ems"o CLIX TM &M owt pnow-dooAft—w3whea %VtMdVS VUnfU',U9Ad MufUId'bSJGd esn maN old saml linj po"o-03 Pd ~Woo PoMdumo -.L 1-1-d XAL Mal oam4mpw -mm-w JIMA r-jfi AwwQd SSW 060310-4d 081131 -J -d 660JO-Od JWadwd 1 = SPIONI Pw#wAH.W3 = JO inn kunoo sulpa do Mo sa)[el jeluu0jueo Z Oftd - 9011CO—SV OVA aseS ZIOMM 111312012 EHLERS Centennial Lakes City of Edina County number 1203 Tax traenwrit +Cashftw - Page 3 4S of OTC Taxi COY Tax0hput Capw* Ma rurAwdd Ift Tax Csoacilit Tait Grtua Tax I dna Gross Tax kwMnent Auditor at 1k lC� , .%�_ .909G __= Net Tax Incremcnt Present Value ENDING Yrs. Tax Year Payment i3ate 100% 3,327,678 (194,197) - 3.133.481 10.7 3.376.263 1,686.132 ( .OM (168,205) 1.513.849 1,513,849 0.5 08/01112 1,688,132 (6.077) (168,205) 1,513.849 3,027,698 1 2012 02/01113 100% 3,327,678 (194,197) - 3,133.481 107.748°% 3.376,263 1,688.132 (6,077) (168,205) 1,513,849 4,541,547 1.5 2013 08101N3 1,888.132 (6,077) (168,205) 1,513,849 6.055,395 2 2013 02101114 100% 3.327,678 (194,197) - 3,133.481 107.748% 3.376,283 1,688,132 (6.077) (168.205) 1.513.849 7,569,244 2.5 2014 =01114 1.688.132 (6,477) (168205) 1,513.849 9.083,093 3 2014 02!01115 �-, ,� ��iriw�tt�afa�=�`'>�•1lal�ue€,Rtlas�,� 1'. '10."�SE:7� ;-9�A83.493'> PrepredbyEhlers&AssocAes.W-E$WnftsOnty N:*AWsM6DM*fousaVEcaramoRedevebpffeAiIRIV LakeMFPlan DoammmWay2012'FCeniftvWLAWS TF -1203 if ft ERRA . 49 iW i .9 I I aaaaa aaaaa N N NNej Np pN pNp pNp pNp pNp pNp pNp ooN pNp 0-- r rr r-rr rrr r �, r�0o�25�Ob0��00 F 0 0 0 0 0 0 0 0 0 0 0 0 0 ee0000e00000e T 0000000000000 � Ft C?45'i��;1�71`��SyO4 4 000000000oo00 r ............. r r � 0 0 0 0 0 0 0 0 0 0 0 0 0 a � kCtQla���0�1`�GAq��aQ A O O O O n O O e n 0 0 0 0 'g rrrrr.-.-.-- -rrr sN Q aaaaa aaaaa F 0 0 0 0 0 0 0 0 0 0 0 0 0 ee0000e00000e 0000000000000 000000000oo00 r ............. r r � 0 0 0 0 0 0 0 0 0 0 0 0 0 ,n00000en000eo r O O O O n O O e n 0 0 0 0 111312012 Tax increment CaShNow - Page 3 E,,,HLER-S Centennial Lakes City of Edina County number 1249 % Of Tax Tax DiIiii� --- — TGross Tax Auditor at Net Tax 'E7N6WG Tax Payment ;,-- CwoftTax I f%lrf. rN-H. CF."U., ...... # I., ....... f . Awn ",70W I.Q.v fvao -A A J.V.W WQvQ k4 11 t'?QV) U.z 1! U.ZI r U.0 wwwwppiw U=IIIz 5,818 (21) (580) 5,217 10.435 1 2012 07J01113 100% 17,980 (6.670) 11,310 102.885°b 11,636 5,818 (21) (S80) 5,217 15,652 1.5 2013 08M1/13 6,818 (21) (580) 5.217 20,870 2 2013 02101114 140"k 17,980 (6,670) 11,310 102-865% 11,636 5.818 (21) (580) 5,217 26.087 2.5 2014 08101114 5,818 (21) (580) 5.217 31,305 3 2014 02101115 7, 0— Ps"s by Oka & Associates, b=- Eswrmu 0* Appendix E Minnesota Business Assistance Form (Minnesota Department of Employment and Economic Development) A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar year's activity by April I of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at htt://www.deed.state.mn.us/Coinmunit /subsidies/MBAFForm.litifor information and forms. Appendix E E-1 Appendix F Redevelopment Qualifications for the District To be added to prior to the public hearing Appendix F F-1 Appendix G Findings Including But/For Qualifications To be added to prior to the public bearing But -For Analysis Current Market Value New Market Value - Estimate Difference Present Value of Tax Increment Difference Value Likely to Occur Without TIF is Less Than: Appendix G G-1 Appendix H Property to be Acquired Appendix H H-1 PLANNING COMMISSION CITY OF EDINA HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION OF THE CITY OF EDINA PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE SOUTHEAST EDINA REDEVELOPMENT PROJECT AREA AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR CENTENNIAL LAKES TAX INCREMENT FINANCING DISTRICT CONFORM TO THE GENERAL PLANP FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. I WHEREAS, the Edina Housing and Redevelopment Authority (the "HRA") and the City of Edina (the "City") have proposed to adopt a Modification to the Southeast Edina Redevelopment Project Area (the "Redevelopment Area Modification") and the Tax Increment Financing Plan (the "TIF Plan") for the Centennial Lakes Tax Increment Financing District (the "TIF Plan") therefor (the Redevelopment Area Modification and the TIF Plan are referred to collectively herein as the "Plans") and have submitted the Plans to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Plans to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans conform to the general plans for the development and redevelopment of the City as a whole. Dated: January 25, 2012 Chair ATTEST: Secretary Report Name: Images City of Edina Printed: 12/7/2011 PID: 32-117-21-41-0012Page: Property Images 9.0' Sketch by Apex IV^" Topic: Subdivision of lots less than 9,000 square feet in area and 75 feet in width Date Introduced: January 25, 2012 Date of Discussion: January 25, 2012 Why on the list: As a result of the recent subdivision requests on Brookview and Oaklawn, members of the Planning Commission have expressed concern in regard to approving subdivisions that require lot width and area variances. History: In the last five years the city has received five (5) requests (listed below) to subdivide properties into lots that were less than 9,000 square feet in area and 75 feet in width. (See the locations on the attached Exhibit Al.) Please note that all of these requests were made in the area around Pamela Park. Three of these requests were approved; one is pending review by the City Council, and one was withdrawn by the applicant before action was taken. Requested Subdivisions in the last five years 1. In 2006, the property at 5901 France Avenue received variances to build four (4) 66 -foot wide lots consistent with the area. 2. In 2008, 6120 Brookview (a 100 -foot wide lot) was proposed to be divided into two (2) 50 -foot lots; however, the applicant withdrew the request before action was taken. 3. In 2009, a 100 -foot lot at 5920 Oaklawn was granted variances to divide into two (2) 50 -foot lots. 4. In 2011, the property at 5829 Brookview was granted variances to divide into two (2) 50 -foot lots. 5. In 2012, the property at 6109 Oaklawn received a recommendation of approval from the Planning Commission to divide the property into two (2) 50 -foot lots. Decision Point: Should the City amend its ordinances regarding the city's minimum lot size requirements in the R-1 Zoning District. Options: There are many options on how to address the issue. Before deciding on any one option, a goal should be established up front as to what the City wishes to accomplish in changing the ordinance. As an example, do we wish to prohibit this type of subdivision, or do wish put greater control or review authority over them? If it is the size of the homes that are being built on these lots that is the concern, than do we need to tighten up our setback and lot coverage standards. As Planning Commission is aware, we spent over a year considering changes to address the massing issue. When compared to other similar cities we have some of the toughest regulations on development on smaller lots. Some options that may be considered: 1. Leave the requirement as it is today. This would enable the City discretion in approving these types of subdivisions on a case by case basis. 2. Amend the Zoning Ordinance to allow 50 -foot lots in the Pamela Park area. This would require a rezoning of the area, so to separate it from the current R-1 standards in other residential areas of the City. 3. Amend the Ordinance to establish the minimum lot size to the median of all lots with 500 feet, similar to the minimum lot size in neighborhoods where lots exceed 9,000 square feet in size and 75 feet in width. That would establish a consistent minimum lot size all across Edina. 4. Create an overlay district. Again, there may be several other options to consider? For Discussion: The City Council has expressed interest in having a work session with the Planning Commission to discuss the issue further. The Planning Commission is asked to discuss the issue and frame up a potential work session agenda with the City Council on how to address the issue. Attached for consideration is a map that shows where these subdivision requests have occurred; (Exhibit Al.) sections from the Comprehensive Plan regarding residential districts; (Exhibit A2—Al 2,) and the current zoning ordinance req uirements.(Exhibit A13—A17.) 2 .II off Fill 14 JF7.�� 4] NMI WWM b j Vo .SII -!,,map Z a 40 41W 4;3� ow 40 40 Ar aw a 40 The mall was constructed with two stories to shorten walking distances and an open garden court to facilitate a pleasant walking experience. Southdale is now over fifty years old. Victor Gruen's vision of mixing uses on a single property has been refined to include the vertical mix of uses. The significance of mixed use development lies in its ability to create synergies between different land uses, similar to Southdale's inclusion of two large stores. The benefits are many: different land uses can reinforce one another, have the potential to reduce vehicle trips, and inject more community life into commercial areas. When residential is in close proximity to certain types of retail, there is a "built-in" market that provides a market for the retail. In this manner the Future Land Use Plan seeks to provide a greater flexibility to allow mixed use in areas where it is appropriate. Existing Land Use Categories Figure 4.1 illustrates the pattern of existing land use as of 2005. The categories on the map are described as follows: Residential Single -Family Detached. Residential neighborhoods are the dominant land use within the city, and single-family housing is the dominant housing type. Neighborhood character varies based on era of construction, scale of development, and landscape influences, as described in the Community Design section of this chapter. The most common residential type consists of post-war contemporary single-family homes on wooded lots along curvilinear streets. About 53 percent of the city's land area is occupied by single-family detached housing. Multi -Family Residential Single -Family Attached. This land use consists of residential units with common walls, where each unit has direct exterior access. In Edina the most common building types are townhouses and duplexes (two-family dwellings). Townhouses tend to be clustered close to highway or major road corridors, while duplexes are often found in narrow strips along major thoroughfares such as Vernon and France avenues as a kind of buffer for adjacent single-family detached housing. Multi -Family. This land use is defined by the multiple -unit building type where each individual unit does not have direct ground floor access to the outside. Multiple family developments are concentrated primarily along the main traffic arteries and are generally located toward the edges of the city, often in proximity to retail business establishments. Concentrations of multi -family development are found along York and France avenues, Vernon Avenue, Lincoln Drive and Cahill Road. Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design 4-3 Character Districts In order to establish principles for community design in the future, it is important to understand the City's historical development patterns and existing character. Historical development is discussed in Chapter 6. The manner in which the City evolved from rural village to streetcar suburb to postwar planned community allows us to define a series of character districts: neighborhoods, commercial nodes and districts or corridors that share a distinctive identity based on their built form, street design, landscape elements and other features, sometimes including prevalent architectural styles. Character districts are broadly delineated in Figure 4.2 and described below. It should be recognized that the 'boundaries' between these districts are often quite indistinct and that many districts share common features or elements. Principles and guidelines for character districts are described in the next section of this chapter. This section also includes specific guidance for a few geographically defined areas where redevelopment is most likely to occur. Residential Character Districts Traditional Neighborhood The oldest areas of suburban development, built in the early 20"' century in what was then a largely agricultural village, served by streetcar lines to Hopkins and Lake Harriet Minneapolis. Areas are centered in and around the formerly independent village of Morningside, the 50'" and France commercial district, and the West Minneapolis Heights and Mendelssohn subdivisions bordering the streetcar line in northwest Edina. Characteristics: straight streets, smaller blocks and relatively smaller lots than in later development. Most streets have sidewalks. Bungalow styles are common in the Morningside area. West Minneapolis Heights contains a variety of vernacular Midwest styles, combined with significant numbers of postwar homes. Curages, where present, are usually detached and served by side yard drives or (rarely) alleys. Edina Comp Plan Update 2008) Chapter 4: ,Land Use and Community Design 4-9 Garden Suburb Planned communities designed to provide high standards of services, amenities and maintenance for upper-class residents. The County Club District is a nationally recognized example of this type, developed by rcaltorsarnuerrhorpe beginning in 1924 on 300 acres in the old Edina Mills community. The district was designed by landscape architects Morell and Nichols with contoured streets, shade trees, parks and landscaped open space, north of the Edina Country Club golf course. Building restrictions covered all aspects of architectural style, siting and property maintenance, as well as racial and ethnic restrictions. While the Country Club District is a historic district with defined boundaries, two nearby areas share similar characteristics: the Sunnyslopc area west of Minnehaha Creek and the Interlachen area (Itolling Green and Hilldalc), built adjacent to that country club. Both areas have larger lots than the Country Club District but similar street layouts. Edina Comp Plan Update 2008 PA Chapter 4: Land Use and Community Design 4-10 Common characteristics: mature trees, regular building setbacks and massing, similar historical revival architectural styles (i.e., American Colonial, English Tudor, Drench Colonial). Interconnected and gently curved street pattern is punctuated by landscaped triangles and islands at intersections. The Country Club District has sidewalks and generous boulevards; the other areas do not. The Interlachcn arca is characterized by larger lots, larger homes and proportionally more green space. Postwar Housing makes up the largest component of the City's housing stock, with about 85% of all units built after 1950. Street patterns in postwar neighborhoods vary widely, from a loosely rectilinear or contoured grid (one that often predated the housing) to an almost circular grouping focused on an internal park (i.e., Brookview Heights). Postwar Traditional housing is typified by the Cape Cod, Rambler, and split-level styles. Garages, where present, may be detached or attached but recessed behind the primary facade. These districts are located primarily in the northern half of the city. Street patterns are generally a loosely organized grid, but become more curvilinear in areas west of Hanson Road. Sidewalks are uncommon. Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design 4-11 "By the 1950s, the influence of Frank Lloyd Wrighesprairic style horizontal roofs and functional "Usonian" houses had filtered down to the developers' vernacular.... Many F -I dina houses of this cra are well -crafted with stone exterior elements, hardwood floors and plaster walls." Edina Massing Slvcly Postwar Contemporary housing includes a more diverse and eclectic mix of architectural styles, collectively termed "Pastoral Modern" in the Edina Massiq Slody. Homes arc oriented with the long axis parallel to the street (like the earlier rambler style), and lots tend to be wider than in older neighborhoods. Garages tend to be attached and front -loaded. Mature vegetation gives these neighborhoods a settled character. Duplexes were located along more heavily - traveled streets (France Avenue, West 70'4 ,Street) as a transitional element, apparently in order to buffer adjacent single-family housing from traffic while perhaps providing more affordable housing options. Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design 4-12 Postwar Garden Revival is a term used to describe one specific district: the Indian Hills neighborhood and vicinity north of the Braemar Park golf course in the city's hilly southwest quadrant. This arca is similar to the earlier Intcrlaclicn area in that streets wind around the steep contours, lots arc large, and a high proportion of trees have been retained. Multifamily Concentrations, Multifamily housing, including townhouse condominium, and apartment complexes, tends to be clustered in specific districts or enclaves close to major thoroughfares and often in proximity to parks and shopping districts. Building size, scale, style and materials vary greatly among these developments. Landscaping is frequently used to define entries or as a buffer from adjoining roads or surrounding development. Edina Camp Plan Update 2008 Chapter 4: Land Use and Community Design �� 4-13 Legend as M.Od Use cande, AW rostwit T1841wal Open Space pea'Commp"My Node MA Mod We Confel If -Ida isCity of Edina 2008 Comprehensive Plan Update Edina Comp Plan Update 2008 Chapter 4., Land Use and Community Design Floom 4.2 Character Districts r -Li -1-1-1 0 O's MI/es 4-18 4.3 TRENDS AND CHALLENGES The city of Edina, as a "developed" municipality, has a host of land use issues that it shares with other similarly -designated municipalities, as well as some challenges that are unique to the community. As the City continues to mature, redevelopment of existing land uses becomes a priority in order to adapt to changing conditions and future challenges, and to retain Edina's high degree of livability and commercial success as a regional retail and office center. Current land use issues include the following: • Redevelopment. The city currently has very little undeveloped land that has the potential for development. Therefore, it is redevelopment that will meet the needs posed by changing demographics and private market conditions.. Redevelopment projects should dynamically respond to the rigors of the marketplace, provide excellence in design and offer clear community benefits. What guidance can the city provide developers regarding acceptable design elements and project intensity? • Development review and approval process. The current zoning and land development review system provides limited scope and discretion to adequately address building, site, and community design issues. • Transportation choices. How can the land use plan foster transportation options for residents and workers who desire an alternative to the private automobile? A transportation network that allows for additional transit and non -motorized travel options increases the movement capacity of the existing public right-of-way and capitalizes on resident needs for more active lifestyles. • Teardowns and Infill development. High land prices and scarcity of available land within the city have resulted in a sharp increase in single- family home redevelopment. New housing is often significantly larger than existing adjacent housing, particularly in small -lot neighborhoods, and can appear to visually overwhelm these homes, block views or cast shadows on them. There has been considerable public discussion about the appropriate massing, height and proportions of architectural elements in established neighborhoods. How can the City balance the desire of some residents for larger homes with state-of-the-art features and developers seeking to offer housing units that appeal to today's market, with the interests of neighbors who object to the size and scale of some new construction? Edina Camp Plan Update 2008 Chapter 4: Land Use and Community Design 1 4-19 visually prominent, signage is designed to be legible at driving speeds, landscaping remains limited, and connectivity to surrounding uses is inconvenient or even dangerous for non -driving customers. Although in some cases, zoning requirements may have guided the placement of buildings within large expanses of parking, site plans are often lacking in landscaping and pedestrian amenities that could mitigate environmental and transportation -related impacts. When buildings are set within wide expanses of parking, customers and workers are discouraged from walking to nearby destinations, so travel for short trips is predominantly by car, further adding to traffic congestion. Superblocks and Lack of Connectivity. The development of large parcels as signature planned developments, such as Southdale Shopping Center, Edinborough and Centennial Lakes, has contributed significantly to Edina's identity and differentiation from comparable Metro area communities. However, one consequence of this type of development is an absence of street connectivity to surrounding neighborhoods and through the development itself. Instead, vehicular traffic is funneled onto a few local streets where capacity is often not adequate to meet the need. For instance, France and York avenues bear a local traffic burden that could be better accommodated through a more diffuse street network. The "superblocks" created in the southeast quadrant of the city reshape traffic patterns and travel modes to discourage non -motorized transportation within the district and fracture linkages to surrounding residential neighborhoods. 4.4 GOALS AND POLICIES: FUTURE LAND USE PLAN AND COMMUNITY DESIGN GUIDELINES Land Use Goals 1. Protect and preserve the essential character of existing residential neighborhoods. 2. Preserve and maintain housing that serves a range of age groups and economic situations. 3. Facilitate the development of new housing and recreation facilities that accommodate the special needs of aging City residents. 4. Encourage infill/redevelopment opportunities that optimize use of city infrastructure and that complement area, neighborhood, and/or corridor context and character. Edina Camp Plan Update 2008 N Chapter 4: land Use and Community Design 4-21 Guidelines: Low- Density Design (Residential) 1. Control the scale and massing of infill housing to make it reasonably compatible with established residences. Recent zoning changes have addressed this issue. Future zoning changes should refer to and consider the Recent zoning changes to address the massing issue: ■ Measuring building heights from existing grade, rather than proposed grade; ■ Creation of a sliding scale of setback requirements based on lot width to increase the separation between houses on narrow lots; • The elimination of bay windows as an exception into the required setback; ■ The first floor elevation of a new home may not increase the first floor elevation from the previous home on the lot by more than one foot. Character Districts described earlier in this chapter. Other techniques that may be considered include: • a graduated scale, or floor area ratio that relates building size to lot size; • an impervious surface maximum to ensure that a reasonable percentage of each lot remains as green space, for aesthetics and stormwater management; • design standards that guide the stepping back of building mass and height from adjacent residential buildings and parks. 2. Building and garage placement. Many neighborhoods and individual blocks have an established pattern of building placement, spacing, landscape treatments, front yard setbacks and garage placement that combine to convey a particular neighborhood character. For example, most garages in the City's older traditional neighborhoods are detached and located within the rear yard. While new construction is likely to vary from this pattern, some limits on the degree of variation may be appropriate in areas such as historic districts. For example, the following guidelines should be considered: Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design 4-42 • The width of front -loaded garages is limited so that they occupy no more than a defined percentage of the front fagade; ■ Driveway width at the curb is limited; • Front -loaded garages may be required to meet the same setback as the rest of the front fagade. These and similar techniques could be considered as part of a 'conservation overlay' option within the zoning code. 3. Integration of multi -unit housing into transitional areas. As mentioned under "Character Districts, Postwar Contemporary Housing," duplexes were located along many major thoroughfares in Edina as a kind of buffer or transition to the adjacent single-family housing, Today this housing type is in need of :. I updating or replacement in many locations, and ,high land and redevelopment costs create pressure for higher -density housing types. Townhouse complexes have been constructed in locations such as north France Avenue. The challenge is that in many locations the duplexes are only one lot R , deep, which makes it difficult to provide an adequate transition to single-family scale. The following guidelines broadly address the issue of integrating multi -unit housing into lower -density, primarily single-family neighborhood transitional areas. Single-family characteristics. Attached and multifamily housing should emulate single-family housing in its basic architectural elements — pitched roofs, articulated facades, visible entrances, porches or balconies. Taller buildings should step down to provide a height transition to existing adjacent residential buildings. Edina Comp Plan Update 2008 Chapter 4: land Use and Community Design 4-43 City of Edina Land Use, flatting and Zoning 850.11 uses shall cease and the building and land shall then be used for only principal uses, and accessory uses permitted in the zoning district in which the land is situated, or allowed conditional uses pursuant to the grant of conditional use permit. D. Conditional Interim Uses. 1. Only the following interim uses are allowed subject to the grant of a conditional use permit: a. administrative offices and meeting rooms for private non-profit organizations, and counscling services, which, together with the other such offices and meeting rooms in the same public school building will, in the aggregate, occupy 35 percent or more of the gross floor area of the building; and b. administrative offices and meeting rooms for private non-profit organizations, and counseling services and schools for teaching music, arts, dance or business vocations which are open for operations between 6:00 P.M. and 7:00 A.M. on three or more days per week. 2. No conditional use permit shall be issued unless the Council finds that the hours of operation of the proposed use(s) will be complementary to other uses in the building or on the property and will not adversely impact the residential character of surrounding properties. Subd. 512equirements for Lot Areas and Dimensions. A. Minimum Lot Area. 1. Single Dwelling Unit 2. Elementary School 3. Junior high schools, senior high schools, seminaries, monasteries, nunneries, and community centers 4. Religious institutions 9,000 square feet provided however, if the lot is in a neighborhood as defined in Section 810 of this Code, which has lots with a median lot area greater than 9,000 square feet, then the minimum lot area shall be not less than the median lot area of the lots in such neighborhood. 5 acres 10 acres, plus I acre for each 150 pupils of planned maximum enrollment. 3 acres. 5. Day care facilities, pre- 2 acres schools and nursery schools B. Minimum Lot Width. 850-59 Supplement 2011-01 City of Edina Single dwelling unit building C. Minimum Lot Depth. Single dwelling unit building Land Use, Platting and Zoning 850.11 75 feet, provided however, if the lot is in a neighborhood as defined in Section 810 of this Code, which has lot with a median lot width greater than 75 feet, then the minimum lot width shall be not less than the median lot width or lots in such neighborhood 120 feet, provided, however if the lot is in a neighborhood as defined in Section 810 of this Code, which has lots with a median lot depth greater than 120 feet, then the minimum lot depth shall be not less than the median lot depth of lots in such neighborhood. D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to perimeter ratio of not less than 0.1. Subd. 611equirements for Building Coverage, Setbacks and Height. A. Building Coverage. I . Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not more than 25 percent for all buildings and structures. On lots with an existing conditional use, if the combined total area occupied by all accessory buildings and structures, excluding attached garages, is 1,000 square feet or greater, a conditional use permit is required. 2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square rect. 3. The combined total area Occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings, B. Minimum Setbacks (subject to the requirements of paragraph A. Of SUbd. 7 of this Subsection 850,11). Front Street Side Interior Side Yard Rear Street Yard 1. Single dwelling 30'** is, 10, 25' unit buildings on I,ots 75 feet or more in width. 850-60 Supplement 2011-01 City of Edina. Land Use, Platting and Zoning 850.11 2. Single dwelling 30'** I5' The required 25' unit buildings on interior yard lots more than 60 setback of 5 feet feet in width, but shall increase by less than 75 feet in 1/3 foot (4 inches) width. for each foot that the tot width exceeds 60 feet.' 3. Single dwelling 30'** 15' 5' 25' unit buildings on 60 feet or less in width, 4. Buildings and structures accessory to single dwelling unit buildings: a. detached garages, -- 15° 3' 3' tool sheds, greenhouses and garden houses entirely within the rear yard, including the eaves. b. attached 30' Is, S' 25' garages, tool sheds, greenhouses and garden houses. c. detached garages, -- 15' 5' F tool sheds, greenhouses and garden houses not entirely within the rear yard. d.unenclosed decks 30' 15' 5' 5' and patios. e, swimming pools, 30' 15' 10' t0' including appurtenant equipment and required decking. f. tennis courts, 30' 15' 5' F basketball courts, spoils courts, hockey and skating rinks, and other similar recreational accessory uses including, appurtenant fencing and lighting. g. all other 30' 15' 5' 5' accessory buildings and structures. 5. Other Uses: (I)- 850-61 Ij:850-61 Supplement 2011-01 City of Edina Land Use, Platting and Zoning 850.11 a. All conditional 50' 50' 50, 50, use buildings or structures including accessory buildings less than 1,000 square feet; except parking lots, day care facilities, pre- schools and nursery schools b. All conditional 95' 951 95, 95, use accessory buildings 1,000 square feet or larger. c. Driving ranges, 50' so, 50, 50, tennis courts, maintenance buildings and swimming pools accessory to a golf course. d. Daycare facilities, 30' 35' 35' 35' pre-schools and nursery schools. ** See Subd. 7.A.1. below for required setback when more than 25 percent of the lots on one side of a street between street intersections, on one street of a street that ends in a cul-de-sac, or on one side of a dead end street are occupied by dwelling units C. Height 1. Single dwelling units buildings and 2'/2 stories or 30 feet structures accessory thereto. whichever is less 2. Buildings and structures accessory to 1 V2 stories or 18 feet single dwelling unit buildings, but not whichever is less attached thereto. 3. All other buildings and structures 3 stories or 40 feet whichever is less 4. The maximum height to the highest point on a roof of a single or double dwelling unit shall be 35 feet. The maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. In no event shall the maximum height exceed 40 feet. Subd. 7Special Requirements. In addition to the general requirements described in Subsection 850.07, the Following special requirements shall apply. A. Special Setback Requirements for Single Dwelling Unit Lots. A14 850-62 /t Supplement 2011-01 City of Edina Land Use, Platting and Zoning 850.11 1. Established Front Street Setback, When more than 25 percent of the lots on one side of a street between street intersections, on one side of a street that ends in a cul-de-sac, or o►i one side of a dead end street, are occupied by dwelling units, the front street setback for any lot shall be determined as follows: a. if there is an existing dwelling unit on an abutting lot on only one side of the lot, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot. b. If there are existing dwelling units on abutting lots on both sides of the lot, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots. c. In all other cases, the front street setback shall be the average front street setback of all dwelling units on the same side of that street. 2. Side Street Setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street. 3. Interior Side Yard Setback. The required interior side yard setback shall be increased by 6 inches for each foot the building height exceeds 15 feet. For purposes of this subparagraph, building height shall be the height of that side of the building adjoining the side lot line and shall be measured from the average proposed elevation of the ground along and on the side of the building adjoining the side lot line to the top of the cornice of a flat roof, to the deck line of a Mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch -type roof, to the average distance of the highest gable on a pitched roof, or to the top of a cornice of a hip roof. 4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet in length or if the lot forms a point at the rear and there is no rear lot line, then for setback purposes the rear lot line shall be deemed to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from the front lot line. 5. Rear Yard Setback - Corner Lots Required to Maintain Two Front Street Setbacks. The owner of a corner lot required to maintain two front street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street frontages to the junction of the interior lot lines, the line segment being the maximum distance from the junction of the street frontages. 6. Through Lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not front shall be not less than 25 feet. 850-63 t ­l Supplement 2011-01