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2015-10-14 PC Packet
AGENDA REGULAR MEETING OF THE PLANNING COMMISSION CITY OF EDINA, MINNESOTA EDINA CITY HALL COUNCIL CHAMBERS 4801 WEST 50TH STREET OCTOBER 14, 2015 7:00 PM CALL TO ORDER II. ROLL CALL Ill. APPROVAL OF MEETING AGENDA IV. APPROVAL OF MEETING MINUTES Minutes of the Planning Commission Meeting September 30, 2015 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 HEARING A. Site Plan with Variances. Bank of America. 6868 France Avenue, Edina, MN B. Zoning Ordinance Amendment —Taprooms, Brewpubs, Wineries and Distilleries. VII. REPORTS AND RECOMMENDATIONS VIII. CORRESPONDENCE AND PETITIONS A. Attendance and Council Report IX. CHAIR AND COMMISSION COMMENTS X. STAFF COMMENT 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 October 28, 2015 0) PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague October 14, 2015 VI.A. Community Development Director INFORMATION/BACKGROUND Project Description Bank of America is proposing to tear down the existing 3,098 square -foot Think Bank, and construct a new LEED Certified, 7,190 square foot Bank of America, with a drive -up ATM at 6868 France Avenue. Merrill Lynch would also be a tenant in the building. Each use would have a separate entrance/exit into the building. The property is located at the northwest corner of 69th and France. (See location, narrative and plans on pages A1 - A28.) The site is zoned POD -2, Planned Office District; therefore, the proposed uses are permitted. The drive-through is located on the west side of the building adjacent to Valley View Road. Parking for the building would be located on the north side of the building. Storm water ponding is proposed primarily underground in a chamber system, west of the building; a small pond is proposed in front of the building along France Avenue and 69th Street. This building would be located on the existing 21.8 acre parcel that houses an 8 -story office building and the attached Tavern on France. Being a part of that site, the parking and access would be shared with all existing and proposed- uses. To accommodate the proposal, the following is requested: • Site Plan Review • Front Setback Variance from 35 feet to 22 feet for the building. • Parking Stall Variance from 1,738 spaces to 1,581 spaces. • Front Setback Variance from 35 feet to 20 feet for the ATM drive through. • Variance to allow an ATM drive through to be located on a side of a building that faces property zoned R-1, Single -dwelling unit district. The. applicant did go through a sketch plan review for the proposed projects. When comparing the sketch plan to the proposed plans, there have not been significant changes made. The building is generally similar. (See plans presented for sketch plan on pages A32 -A35.) The applicant has indicated that the following changes have been made to address issues raised during the sketch plan review: Exterior Changes ➢ Added/moved outdoor seating area — we now have two outdoor seating areas ➢ Relocated public sidewalk and created a boulevard type sidewalk design ➢ Added additional, connecting sidewalk to the public walks ➢ Increased/changed landscaping for enhanced design at drive up and on the main site ➢ Added crosswalk along Valley View Road Building Changes ➢ Relocated Merrill Lynch door to west side of building ➢ Added Merrill Lynch/Bank of America entrance to street side of building ➢ Added full length glazing to the Merrill Lynch street side of the building ➢ Added clearstory windows to street side of building at Bank of America Surrounding Land Uses Northerly: Office building and Tavern on France; zoned POD -2, Planned Commercial District and guided OR, Office/Residential. Easterly: Southdale; zoned PCD -3, Planned Commercial District, and guided CAC, Community Activity Center. Southerly: Two banks, one zoned PCD -3, Planned Commercial District, and the other POD -1, Planned office district; both are guided office residential. Westerly: Single Family homes, zoned and guided for low density residential use. Existing Site Features The subject property is 21.8 acres in size, is relatively flat and contains an office building, a vacant bank and the Tavern on France Restaurant. (See page A3.) 2 Planning Guide Plan designation: OR, Office Residential Zoning: POD -2, Planned Office District ComplianceTable * Variance Required Grading/Drainage/Utilities The city engineer has reviewed the proposed utilities and grading and drainage plans and found them to be acceptable. (See the city engineer's comments on pages A29—A30.) A condition of approval should include meeting all of the conditions outlined in the city engineer's memo. A permit would also be required from the Nine Mile Creek Watershed District. Site Access & Traffic There would be no change in access to the site. A bank exists on the site today, and would be replaced by a new bank; as such there would be no negative impact on existing traffic conditions. City Standard Proposed (POD -2) Building Setbacks Front — France Avenue 35 feet 22 feet* Side — 691h Street 35 feet 40+ feet Side — North 20 feet 100+ feet Building Height 4 Stories or 48 feet One story 22.5 feet whichever is less tall Drive through setback 35 feet 20 feet* Drive through stacking 4 spaces 4 spaces Drive through location Menu board shall. not be Proposed on the located on a side of side of the building building that faces single- that faces single- family residences family residences* Building Coverage 30% 18% Floor Area Ratio 50% 49% Bike Racks 2 5 Parking Stalls (Site) 1,738 spaces 1581 spaces* * Variance Required Grading/Drainage/Utilities The city engineer has reviewed the proposed utilities and grading and drainage plans and found them to be acceptable. (See the city engineer's comments on pages A29—A30.) A condition of approval should include meeting all of the conditions outlined in the city engineer's memo. A permit would also be required from the Nine Mile Creek Watershed District. Site Access & Traffic There would be no change in access to the site. A bank exists on the site today, and would be replaced by a new bank; as such there would be no negative impact on existing traffic conditions. As recommended by the City Council, staff explored the potential of closing the free -right turn from France to 69th. The County stated that they would be open to the idea,. however would require a right turn lane in place of the free - right. The following would be the Hennepin County's requirements: • A right turn lane designed in place of the free -right. • The signal cabinet would need to be relocated. • The signal pole base would need to be relocated. • There are a number of utilities such as fiber optic in the vicinity that would likely need to be relocated. Staff then explored what those improvements might look like. WSB designed a new right turn lane on pages A36 -A37. Note that the new lane would cause the sidewalk to be relocated and existing parking spaces eliminated. The estimated cost for this would be $213,000. Given the cost and disruption to the site and sidewalk, staff would not see a benefit for this site. Sidewalk Connections & Bike Facilities The following are the City Code standards for requiring sidewalks, trails and bicycle facilities: Sec. 36-1274. Sidewalks, trails and bicycle facilities. (a) In order to promote and provide safe and effective sidewalks and trails in the city and encourage the use of bicycles for recreation and transportation, the following improvements are required, as a condition of approval, on developments requiring the approval of a site plan or the issuance of a conditional use permit pursuant to article V of this chapter: (1) It is the policy of the city to require the construction of sidewalks and trails wherever feasible so as to encourage pedestrian and bicycle connectivity throughout the city. Therefore, developments shall provide sidewalks and trails which adjoin the applicant's property: a. In locations shown on the city's sidewalk and trail plan; and b. In other locations where the council finds that the provision of such sidewalks and trails enhance public access to mass transit facilities or connections to other existing or planned sidewalks, trails or public facilities. (2) Developments shall provide sidewalks between building entrances and sidewalks or trails which exist or which will be constructed pursuant to this section. rd (3) Developments shall provide direct sidewalk and trail connections with adjoining properties where appropriate. (4) Developments must provide direct sidewalk and trail connections to transit stations or transit stops adjoining the property. (5) Design standards for sidewalks and trails shall be prescribed by the engineer. (6) Nonresidential developments having an off-street automobile parking requirement of 20 or more spaces must provide off-street bicycle parking spaces where bicycles may be parked and secured from theft by their owners. The minimum number of bicycle parking spaces required shall be five percent of the automobile parking space requirement. The design and placement of bicycle parking spaces and bicycle racks used to secure bicycles shall be subject to the approval of the city engineer. Whenever possible, bicycle parking spaces shall be located within 50 feet of a public entrance to a principal building. (b) The expense of the improvements set forth in subsection (a) of this section shall be borne by the applicant. The applicant is proposing to provide a boulevard style sidewalk along France and 69th, as recommended in the sketch plan review. A sidewalk easement should be provided over the sidewalk. (See engineering memo on page A29.) The applicant has also provided the crosswalk connection across Valley View Road to connect to the sidewalk on the west side of the street. (See page A25.) This crosswalk should be analyzed to determine if it is safe. Also recommended by the city engineer is a crosswalk connection at France and 69th, to get pedestrians safely across 69th to the south. (See page A29.) In addition to the site plan request, the applicant is requesting a variance to bring the building up closer to the street to create a more pedestrian friendly development. These sidewalks and crosswalks will help promote that and justify the variance. Bike racks are proposed at the north entrance of the building. Minimum code requirement for the number of bicycle spaces within the rack would be two. The applicant is proposing 5 spaces within the bike rack. Parking Because this property is made up on one lot, with multiple uses, the required number of parking stalls is based on the uses and square footage of all the 5 buildings on site. The City Code requires 1,738 stalls; the site plan demonstrates 1,581 parking stalls. There is an existing proof -of -parking agreement for an extra 130 stalls to be built in the wooded area on the west side of the site. Should parking ever be a problem on the site, these stalls could be added. Spack Consulting conducted a parking study, which concludes that the existing parking provided on the site would be adequate to support the uses on the site. (See pages A10 -A14.) Spack finds that there is a peak parking excess of over 500 stalls. (See page A10 of the Parking Study.) The variance review is on page 8-9 of this report. Drive-through Financial intuitions with a drive-through facility are a permitted use in the POD -2 zoning district. Each vehicle bay is required three stacking space in addition to the vehicle being served. The site plan shows three stacking spaces for each bay. There would be four total bays. (See page A25.) As mentioned earlier, variances are required for the drive-through to be located 20 feet from the front lot line and located in front of the building adjacent to residential area. The variance review can be found on pages 9-10 in this staff report. Landscaping Based on the perimeter of the site 108, overstory trees would be required. That includes existing landscaping and trees on the site. There are well over 150 existing trees on the site. Most are located west of the existing office building. (See page A25.) The applicant has provided a landscape plan to include additional landscaping. The 10 boulevard trees would remain in place. The applicant has stated that they would be trimmed. Five additional deciduous trees would be planted around the building, with a full complement of understory shrubs and bushes. (See landscape plan on page A25.) The applicant is proposing to screen the drive-through area with Juniper's that would grow to a maximum height of five feet tall. This will provide year-round screening. The applicant has concern in regard to security and safety in this area, and is therefore not proposing taller evergreen screening. Building Design The new building would be constructed with limestone, gray stone and metal coping. The building is designed to be LEED Certified, which would make it the first LEED Certified building in the City of Edina. (See building elevations on pages A16 -A19.) 10 Variance — Building Setback 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. It makes for a more efficient use of the site. The building is moved closer to the street, boulevard style sidewalks are provided with patio areas out in front of the building surrounded by landscaping, and the parking field is further away. The practical difficulty is cause by the unique triangular shape of the property with two street fronts on the two "long sides" of the site. The building could be located on the site to meet the required setback; however, Section 36-618.(3) of the City Code states that the City Council will consider exceptions to the setback requirements if the use creates an active pedestrian and streetscape environment. The applicant is proposing a boulevard style sidewalk along France and 69th, and has provided sidewalk connection from that sidewalk to the building. (See page A25.) A door has been provided for Merrill Lynch facing 69th street; however, it does not appear to be an entrance. It has been designed to look like the rest of the windows. (See page Al 8.) As recommended in the Comprehensive Plan (See page A31.); a "store front" entry should be required. This type of entry is challenging for a bank where security is critical. Improvement could however, still be made to this entrance. Staff would recommend an awning or signage above the door to more closely resemble a store front. The city engineer is recommending a crosswalk connection at France and 69th, to get pedestrians safely across 69th to the south. (See engineer's 7 memo on page A29.) This would help create a more pedestrian friendly environment. While this proposal may not be ideal, it is a vast improvement over existing conditions on the site. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? Yes. The site is unique in the POD -2 zoning district given its unique triangular shape adjacent to streets on the two long sides. 3) Will the variance alter the essential character of the neighborhood? No. The proposed building would not alter the character of the neighborhood. The existing site contains a bank with a drive through facility located in front adjacent to France Avenue and 69th Street. The proposed new bank building would be more pedestrian friendly with the building brought up to the street and the drive-through in the back away from France Avenue. Variance — Parking Stalls 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 parking stall variance is reasonable. A parking study was conducted by Spack that concludes that the City Code required parking is not necessary for the site. The study concludes that the current site functions with an overage of 500 stalls. (See page Al of the parking study.) A proof -of -parking plan has been approved for the site for an additional 130 spaces. These stalls are not needed, but could be constructed if parking becomes a problem. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? Yes. The unique circumstance is the shared parking arrangement on this large 21+ acre site. The shared parking arrangement has worked well for the site. The use in this location of the site will not change. One bank is being replaced with a slightly larger bank. 3) Will the variance alter the essential character of the neighborhood? No. Again, the use of the site will remain the same. A bank is being replaced with another bank. Additional parking stalls are not needed on the site. Variance — Drive-through (Setback & Location) Per the Zoning Ordinance, variances 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 variances are reasonable. The practical difficulty is cause by the unique triangular shape of the property with two street fronts on the two "long sides" of the site. The drive-through would have to be moved to behind the building toward France Avenue to meet 7 City Code. In doing so, the circulation in the parking lot could be compromised. Moving the drive-through to the France Avenue side of the site could also compromise future development on the site. The area between the Tavern on France and the proposed bank could be a potential development site. Having a drive-through on France Avenue, similar to the existing drive-through on the site, would not promote a pedestrian friendly environment. The drive-through location would simply replace an area that currently exists with parking. Cars are located there now. This area also sits lower than the street, and would be screened by evergreens that would grow to be five (5) feet tall. Security is an issue in this area, so the applicant does not wish to provide tall year round screening. Given the low elevation of the drive-through compared to the street elevation and the screening, the drive-through would be properly screened. The residential area to the west is heavily screened already by vegetation and fencing. (See page A15.) Therefore, this drive-through would not be visible from existing homes. This area would be less visible from France Avenue than the existing drive-through on the site. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? Yes. The site is unique in the POD -2 zoning district given its unique triangular shape adjacent to streets on the two long sides. The site is also unique in its location adjacent to low density residential property to the west. 3) Will the variance alter the essential character of the neighborhood? No. The proposed drive-through would not alter the character of the neighborhood. A drive-through exists today on the site. The proposed new location would be less visible away from France Avenue. PRIMARY ISSUES/STAFF RECOMMENDATION Primary Issue • Is the proposed building setback variance reasonable? Yes. Staff believes the proposed building setback is reasonable for the following reasons: 10 1. The intent of City Code Section 36-618.(3) is met. The intent of the ordinance to encourage setback requirement exceptions is to create an active pedestrian and streetscape environment, rather than having buildings located away from the street with a parking lot in front. The applicant has met the intent of the code by providing boulevard style sidewalks along France and 69th, provided sidewalk connections from the street to the building, provided pedestrian street crossings, added patios in front of the building, and located parking behind the building. Staff further recommends a pedestrian crossing on 69th to the south to improve pedestrian safety. (See page A29.) 2. As highlighted above, the variance criteria are met. The practical difficulty is caused by the unique triangular shape of the property with two street fronts on the two "long sides" of the site. The request is reasonable, the building could be located on the site to meet the required setback, but would encourage parking to be located in front of the building on France Avenue. 3. The main entrance is located toward France Avenue with a sidewalk connection from the boulevard sidewalk. An additional entrance to Merrill Lynch is proposed on 69th. (Seepage A18.) As mentioned earlier, staff would recommend adding some design elements such as an awning or signage above the door to make it look like an entrance, and not just another window. 4. The proposal is a vast improvement over existing conditions on the site. 5. The proposed building would be LEED certified. Is the proposed parking space variance reasonable? Yes. Staff believes the proposed parking space variance is reasonable for the following reasons: 1. As highlighted above, the variance criteria are met. 2. The parking study conducted by Spack, concludes that the City Code required parking is not necessary for the site. The site functions today with an overage of 500 stalls. (See page A10 of the parking study.) 3. A proof -of -parking plan has been approved for the site for an additional 130 spaces. The applicant does not believe that these stalls will be needed, but have agreed to construct them if parking becomes a problem 11 • Are the proposed drive-through variances reasonable? Yes. Staff believes the proposed variances to locate the drive-through within the existing parking lot, with 20 -foot front setback, and located in front of a building and adjacent to residential property is reasonable for the following reasons: As highlighted above, the variance criteria are met. The practical difficulty is cause by the unique triangular shape of the property with two street fronts on the two "long sides" of the site. To meet City Code, the drive- through would have to be moved to behind the building toward France Avenue. In doing so, the circulation in the parking lot could be compromised. Moving the drive-through to the France Avenue side of the site could also compromise future development on the site. Having a drive-through on France Avenue, similar to the existing drive-through on the site, would not promote a pedestrian friendly environment. 2. The drive-through location would simply replace an area that currently exists with parking. Cars are located there now. This area also sits lower than the street, and would be screened by evergreens that would grow to be five (5) feet tall. Adequate screening would be provided while not jeopardizing safety in that area. 3. The residential area to the west is heavily screened already by vegetation and fencing. (See page A15.) Therefore, this drive-through would not be visible from existing homes. This area would be less visible from France Avenue than the existing drive-through on the site. Staff Recommendation A. Recommend that the City Council approve the Site Plan with a front setback Variance from 35 feet to 22 feet and a parking stall variance from 1,738 to 1,581 spaces to build a new LEED Certified, 7,190 square foot Bank of America at 6868 France Avenue. Approval is based on the following findings: The proposal would meet the required standards and ordinances for a Site Plan with the exception of the setback and parking space variances. 2. The findings for a variance are met. The practical difficulty is cause by the unique triangular shape of the property with two street fronts on the two "long sides" of the site. 12 3. The variance is reasonable. The building could be located on the site to meet the required setback. However, the City Code Section 36-618. (3) states that the City Council will consider exceptions to the setback requirements if the use creates an active pedestrian and streetscape environment. The applicant is proposing a boulevard style sidewalk along France and 69th, and has provided sidewalk connection from that sidewalk to the building. The applicant could develop the site to meet the setback requirements. In granting to the requested variances, the overall site plan is improved and provides more green space. 4. The project would be more pedestrian oriented with the conditions recommended by the city engineer. Approval of the Site Plan is subject to the following conditions: Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below: • Site plan date stamped October 1, 2015. • Grading plan date stamped October 1, 2015. • Landscaping plan date stamped October 1, 2015. • Building elevations date stamped September 28 and October 1, 2015. • Building materials board as presented at the Planning Commission and City Council meeting. 2. Prior the issuance of a building permit, a final landscape plan must be submitted, subject to staff approval. Landscape plan must meet all minimum Zoning Ordinance requirements. Additionally, a performance bond, letter -of -credit, or cash deposit must be submitted for one and one- half times the cost amount for completing the required landscaping, screening, or erosion control measures. 3. The property owner is responsible for replacing any required landscaping that dies. 4. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the district's requirements. 5. Compliance with the conditions required by the city engineer in his memo dated November 4, 2013. 6. Building plans are subject to review and approval of the fire marshal at the time of building permit. 13 7. Bike racks must be provided to meet minimum Zoning Ordinance requirements. 8. The Merrill Lynch Entrance on 69th Street shall be enhanced to resemble a storefront entry as recommended in the Comprehensive Plan. This could be accomplished with an awning or signage at the entry. B. Recommend that the City Council approve the front setback variance from 35 feet to 20 feet for the ATM drive through, and a variance to allow an ATM drive through to be located on a side of a building that faces property zoned R-1, Single -dwelling unit district at 6868 France Avenue. Approval is based on the following findings: 1. The variance criteria are met. The practical difficulty is cause by the unique triangular shape of the property with two street frontages on the two "long sides" of the site. To meet city code, the drive-through would have to be moved to behind the building toward France Avenue. In doing so, the circulation in the parking lot could be compromised. Additionally, moving the drive-through to the France Avenue side of the site could also compromise future development on the site. The area between the Tavern on France and the proposed bank could be a potential development site. Having a drive-through on France Avenue, similar to the existing drive- through on the site, would not promote a pedestrian friendly environment. 2. The drive-through location would simply replace an area that currently exists with parking. Cars are located there now. This area also sits lower than the street, and would be screened by evergreens that would grow to be five (5) feet tall. 3. The residential area to the west is heavily screened already by vegetation and fencing. Therefore, this drive-through would not be visible from existing homes. This area would be less visible from France Avenue than the existing drive-through on the site. 4. The drive-through would be adequately screened without compromising security. Approvals of the Variances are subject to the following conditions: 1. Subject to staff approval, the site must be developed and maintained in substantial conformance, with the following plans, unless modified by the conditions below: 14 • Site plan date stamped October 1, 2015. • Grading plan date stamped October 1, 2015. • Landscaping plan date stamped October 1, 2015. • Building elevations date stamped September 28 and October 1, 2015. • Building materials board as presented at the Planning Commission and City Council meeting. 2. Prior the issuance of a building permit, a final landscape plan must be submitted, subject to staff approval. Landscape plan must meet all minimum Zoning Ordinance requirements. Additionally, a performance bond, letter -of -credit, or cash deposit must be submitted for one and one- half times the cost amount for completing the required landscaping, screening, or erosion control measures. 3. The property owner is responsible for replacing any required landscaping that dies. 4. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the district's requirements. 5. Compliance with the conditions required by the city engineer in his memo dated November 4, 2013. Deadline for a city decision: December 15, 2016 15 'Lo1 -. Market +--t _. Total: Parcel 6600 France Ave S ( Tax Address: Edina, MN 55435 Total: Property Commercial -Preferred Sale Type: Price: i f JhIU ST I I .i. r FATE HIJHl4Av 03.. cl -S Ott] kvri I Parcel 21.78 acres x` HEr`ivarR}1 �.. -� Area: Code: Warranty Deed 1 3FjPEEj. 1 - i - FTt•+Lsr r:.11H 51fiL41! 'StE97 z r l( ;-� WH TS EFT'. CET 2. -d.. _l --_ 6-ITH :r' �ai Roll and Rark 1eEF ti.. i r.i.TH VU.P.t VvFfl 'yi--. ....,(S3y' - i .. �- ,.._ _ ... ! '. x �_ I _... _ ( 711_. . I Ztir ;.•>y, j = S ,+ IH. rFfEj t•i ESt -- 1 Fr Hrsr QFIV a E•. li fLLFAi•L FO ADl ,._..1 I` _ bs 1FI TFEET tr r -L5TH SiFEEr UCG 2 .a _ _. + - ESErT 6EF e L epE ❑ _ -- •-. TIE a n •...iOrIH STLEeT i N Est I --- AWbq'ei,--P ),_. 2+ T I, FEE z i __ lQ 1t 7(rrT L1 I n lFl.il[)FPe i— z >,1 _ - TisT 1x151e.7 ( i f i y LL + n m FU;Z ELTOPrf,Sr- . `T7T•!o "T SIRE rST n 1._ -o -- rr•::1 rTr•NAft,; - -r Fah OL LL 11114E x l3aU rf rCr V. FS _ ,.j _i 0 -LL 31EF0fr, 1n.i•;F 31i y �.,+Ii } Illril f'll \1 F""NEIL . 2'I -_D L Fri Rt;�q rNAVE`Nl IL.1 r t. ? 3 1 w "' Parcel ID: 30-028-24-41-0001 A -T -B: Torrens Owner Market Southdale Office Llc Et At Name: Total: Parcel 6600 France Ave S ( Tax Address: Edina, MN 55435 Total: Property Commercial -Preferred Sale Type: Price: i f Non -Homestead Stead: Date: Parcel 21.78 acres Sale Area: 948,632 sq ft Code: Warranty Deed Al Map Scale: 1" =1600 ft. Print Date: 10/5/2015 11 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT © HENNEPIN COUNTY 2015 A Think�Greenl Parcel 30-028-24-41-0001 ID: Owner Southdale Office Llc Et Al Name: Parcel 6600 France Ave S Address: Edina, MN 55435 Property Commercial -Preferred Type: Home- Non -Homestead stead: Parcel 21.78 acres Area: 948,632 sq ft A -T-6: Market Total: Tax Total: Sale Price: 4 - IC -- 6803 6806 6825 5°L 5 = I- 3121 3210 3100 I S outhdale Li"nR•Southdde Sei 7000 j E001 I i 7 J T lap Scale: 1" = 800 ft. N. rint Date: 10/5/2015 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT© HENNEPIN COUNTY 2015 A Think Grew!! _ I z MTH STREET ,VEST i J 24 of _ r f _ j6400 t 4010 64000 I � 6401 6455 m 4015 3503 �. 3501 - - k �C. ---_-, F. +'U 65TH StRELT :VEST— a 24 '' -3460 - 43,QU 3625 6417 ( 6515 65`•0 2910 TP ET :`. EyT Cr _ 6544 34001 _. _Q— I 32-511)� 1r ro 124 7001 3501' .r: 3316 645 . __.. j ,z; - a010 _.; _.. ._m r 24 3101 3015 24 24 ! �4 200 24 "i 100 I --� 672 s 0 66024 ( _ _ I ! 6775 I _ 7 Parcel 30-028-24-41-0001 ID: Owner Southdale Office Llc Et Al Name: Parcel 6600 France Ave S Address: Edina, MN 55435 Property Commercial -Preferred Type: Home- Non -Homestead stead: Parcel 21.78 acres Area: 948,632 sq ft A -T-6: Market Total: Tax Total: Sale Price: 4 - IC -- 6803 6806 6825 5°L 5 = I- 3121 3210 3100 I S outhdale Li"nR•Southdde Sei 7000 j E001 I i 7 J T lap Scale: 1" = 800 ft. N. rint Date: 10/5/2015 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT© HENNEPIN COUNTY 2015 A Think Grew!! j � 24 of _ r 3503 �. 3501 hU1,18ERRt LF,IIE c� _—� -- ---_-, ! !69 -Tl '' -3460 - TP ET :`. EyT Cr _. LU ro 7001 3501' 74 7000 rVI ELLE GRI.+E j ,z; - a010 _.; _.. ._m r 24 7101 Parcel 30-028-24-41-0001 ID: Owner Southdale Office Llc Et Al Name: Parcel 6600 France Ave S Address: Edina, MN 55435 Property Commercial -Preferred Type: Home- Non -Homestead stead: Parcel 21.78 acres Area: 948,632 sq ft A -T-6: Market Total: Tax Total: Sale Price: 4 - IC -- 6803 6806 6825 5°L 5 = I- 3121 3210 3100 I S outhdale Li"nR•Southdde Sei 7000 j E001 I i 7 J T lap Scale: 1" = 800 ft. N. rint Date: 10/5/2015 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT© HENNEPIN COUNTY 2015 A Think Grew!! Parcel 30-028-24-41-0001 ID: Owner Southdale Office Llc Et Al Name: Parcel 6600 France Ave S Address: Edina, MN 55435 Property Commercial -Preferred Type: Home- Non -Homestead stead: Parcel 21.78 acres Area: 948,632 sq ft q Total: Sale Price: Sale Date: Sale i Code: �3 Map Scale: 1" = 400 ft. N Print Date: 10/5/2015 _(k This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT© HENNEPIN COUNTY 2015 A ThinkGreen'. - L) 4 Parcel 30-028-24-41-0001 A-T-B: Map Scale: 1 200 ft. N ID: Print Date: 10/5/2015 Yk Owner Southdale Office Llc Et A] i Market Name: Total: Parcel 6600 France Ave S Tax Address: Edina, MN 55435 Total: Property Commercial-Preferred Sale Type: I Price: This map is a compilation of data from various I sources and is furnished "AS IS" with no Home- Non-Homestead Sale representation or warranty expressed or stead: Date: implied, including fitness of any particular. purpose, merchantability, or the accuracy and completeness of the information shown. Parcel 21.78 acres Sale Area: 948,632 sq ft Code: COPYRIGHT@ HENNEPIN COUNTY 2015 A Think'Green? Gensler 11 East Madison Street Suite 300 Chicago It 60602 USA 09.14.15 Mr. Cary Teague City of Edina Planning Department 4801 West 50th Street Edina, MN 55424 Ph: 952.826.0369 Fax: 952.826.0389 Tel 312.456.0123 Fax 312.456.0124 Subject: Bank of America: Edina Branch Site Plan Application Project Number: 21.9517.000 Dear Cary Teague: Aff it ( q A f /VAPrktkV( This project is a ground up LEED certified flagship Bank of America Financial Center located in Edina, MN at 6868 France Ave. It will be part of a larger Planned Office District (POD -2) zone on the North West corner of W 69th Street and France Avenue. The project includes the demolition of an existing non —operational 3,098 SF bank, drive through, associated sidewalk, parking facilities, access roadways, underground utilities, and landscaping. The new Bank of America flagship will be approximately 7,190 GSF with a remote Drive -Up ATM. The proposed development will include the construction of new sidewalks, parking spaces, utilities, a corresponding storm water management system, lighting, and landscape/irrigation. The storm water management system will include both surface retention ponds and an underground storm water storage system. Water, sewer, gas and electric utilities are available within the property and the West 691h Street right of way. The Remote Drive -Up ATM will be constructed within an existing parking field to the west of the Valley View Road driveway / access road. Bank of America will provide business and retail financial services to the community of Edina, promoting economic development, philanthropy, helping nonprofits and addressing critical needs. The de'(will follow France Avenue Southdale area principles and should be approved to enhance the F!`Avenue and 69th street experience. The project will include publicly accessible spaces, facie movement of people within and to the site. ��" �N Q T111\5 G`� of Gender 09.14.15 Page 2 The design team has an extensive experience in banking projects. Gensler, the architect, has engaged in over 550 branches throughout the North Central region. Recently, both the Minneapolis and Chicago offices have combined forces to design a Bank of America branch in Minneapolis, Minnesota, the project is currently under construction. Infinity Engineering Group, the engineering team, has provided project development and site design services for banks, including Bank of America, across the United States for a total of over 160 branches. Their expertise includes site planning, lighting design, and ATM upgrades. Sincerely, Aaron Greene, Associate AIA Associate +1312.577.6588 Direct +1312.456.0123 Main Gensler 11 East Madison Street Suite 300 Chicago, Illinois 60602 USA CC: Anita Thomas Brett Nevaril Project Manager Managing Director JILL I Bank of America Infinity Engineering Group, LLC. 0 P�) rRCHEXPLANATION OF REQUEST: We kindly request a variance from the City of Edina Land Development Code Section 36-578 Requirements for Building Coverage, Setbacks and height. We request this reduction of the Front Street setback to 20 -feet for the Remote Drive -Up ATM and 22- feet for the Building due to the City of Edina's current 35'-0" limitation and its desire to have the building as close to the street edge as possible as expressed during the City of Edina Council meeting (Wednesday, July 22, 2015) in order to more appropriately align with the new France Avenue Southdale Area Principles that aspires to create a more pedestrian friendly City. ITECT: NAME .. _ . EMAIL: SUR YOR: NAMr EM& Minneso ,Statues and Edina Ordinances require that the followin/ions must be s 'sfied affirmatively. Please fully explain your answers u additional s ets of paper as necessary. The Proposed ftriance will: YES NO Relieve practical difficul ` s in complying with the zoning ordinance d that the use is reasonable Correct extraordinary circumst ces applicable to this property but n applicable to other property in the 'ci or zoning district LJ r Be in harmony with the eral purposes and intent of the-zonin rdinance Q Not er the essential Character of a ne' borhood �J R F 2 _ANATION OF REQUEST: A p�C0'4 We kindly request a variance from the City of Edina Land Development Code Section 36-1311 Requirements for parking requirements. Requesting a reduction of the required 1,738 parking spaces to 1,711 parking spaces, for a total reduction of 27 stalls per attached parking analysis. The reduction of parking spaces will eliminate unused parking on the site and will be replaced with new program and new landscape in order to more appropriately align with the new France Avenue Southdale Area Principles. A Drive Up ATM station will be located on the South West corner of the site to create access to a convenient money transaction customer experience and new landscape facing Valley View Road. HITECT: NAME: Gensler PHONE: 612.215.6166 EMAIL: Nathan Ouren(d)gensler.com SURVEYOR: NAME: EMAIL Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. Please fully explain your answers using additional sheets of paper as necessary. The Proposed Variance will: YES NO Relieve practical difficulties in complying a ❑ with the zoning ordinance and that the use is reasonable Correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district Be in harmony with the general purposes and intent of the zoning ordinance ❑ ❑ Not alter the essential Character of a neighborhood 0 ❑ VA i-rsA. SITE PLAN APPLICATION CASE NUMBER DATE FEE PAID City of Edina Planning Department * www.cityofedina.com 4801 West Fiftieth Street * Edina, MN 55424 * (952) 826-0369 * fax (952) 826-0389 ----------------------------------------------------------------------------------------------------------------------------- FEE: $950.00 APPLICANT: NAME: Anita Thomas OLLI (Signature required on back page) ADDRESS:. "" f E: EMAIL: PROPERTY OWNER: NAME:Southdale Office, LLC and KADO Southdale Investment LLC(Signature required on back page) ADDRESS:4350 Baker Road, Minnetonka, MN PHONE: 952-897-7755 LEGAL DESCRIPTION OF PROPERTY (written and electronic form): That part of the following described property: That part of the Southeast Quarter.of Section 30, Township 28, Range 24 lying Easterly of the Westerly line of Valley View Road except that part thereof lying South of the North line, and its Westerly extension, of the plat of South Office Park First Addition. Which lies southerly of a line described as commencing at the northeast corner of said Southeast Quarter of Section 30; thence on an assumed bearing of South 0 degrees 06 minutes 27 seconds West, along the east line of said Southeast Quarter of Section 30, a distance of 1763.76 feet to the point of beginning of the line to be described; thence North 89 degrees 59 minutes 23 seconds West 276.85 feet; thence South 44 degrees 39 minutes 10 seconds West 80.81 feet; thence South 19 degrees 26 minutes 15 seconds West 102.32 feet to said north line, and its westerly extension, of the plat of South Office Park First Addition and said line there terminating. EXCEPT those portions taken as street or road. PROPERTY ADDRESS: 6868 France Ave PRESENT ZONING: Planned Office District POD -2 P.I.D.# 3002824410001 FT XPLANATION OF REQUEST: he project includes the demolition of an existing non —operational 3,098 SF bank, drive through, ssociated sidewalk, parking facilities, access roadways, underground utilities, and landscaping. TheJnew ank of America flagship will be approximately 7,190 GSF with a remote Drive -Up ATM. reverse side or additional pages if necessary) G�► pikgackTRSTUDY COMPANY Technical Memorandum To: Southdale Office LLC KADO Southdale Investment LLC c/o Dennis Doyle CC: Cary Teague, Community Development Director From: Bryant Ficek, P.E., P.T.O.E. Date: September 10, 2015 Re: Southdale Office Centre — Bank of America Parking Requirements Purpose of Report The purpose of this memorandum is to document the parking requirements of the Southdale Office Centre with the addition of the proposed Bank of America and justify a parking variance. The new Bank of America financial services development is expected to replace the current Think Bank building and eliminate the current three -lane drive-thru. Considering the total parking requirements of the City of Edina for the Southdale Office Centre, a parking variance is needed to allow the new bank development. Conclusions and Recommendations Using information provided by the City, the Southdale Office Centre site is required by code to have a total of 1,738 spaces. The existing surface lots and underground parking currently provide a total of 1,580 spaces. Combined with a net increase of 130 spaces from the site's Proof of Parking area, the shortfall in parking for the site is 27 stalls. Parking use on site was studied in May 2014 and found a peak demand of 965 occupied stalls, r ing in a peak parking excess of 515 spaces. Based on this peak parking demand and exc arking availability, a parking variance should be given favorable consideration for the pr s d Bank of America financial services development. ���. Southdale Office Centre Characteristics Located in the City of Edina, the Southdale Office Centre is bounded by West 66th Street, Valley View Road, and France Avenue. The adjacent location map shows the area roads around the site. The current site contains the following: • 438,294 Square Feet of office space • 3,059 Square Feet bank building • A restaurant with a 300 person max capacity and up to 50 staff members The proposed bank will replace existing bank building and drive-thru lanes with a new 7,190 square feet building. The drive-thru lanes will be eliminated. } SITE t A 3e^ c. Ato `x ',+ �yy s` `ice rt iI� �fii�! { �'��+�n����rT�V Spack Consulting 2 of 2 Southdale Office Centre Bank of America Parking Update Parking Needs Analysis As provided by the City, parking requirements consist of: • 1 space per 250 square feet of office buildings • 1 space per 3 seats for a restaurant + 1 space per employee for a maximum shift A ten percent reduction can be applied to the total square footage of the buildings to account for restrooms, utility rooms, elevators, and stairs. Using this information the total parking requirement for the site is 1,738 spaces: 441,353 square feet * 0.9 (reduction) / 250 300 seats / 3 50 max employees / 1 The Southdale Office Centre has 11 surface parking lot zones with a total of 1,480 parking stalls, including 29 handicap accessible. An additional two underground parking lots are provided with 44 and 57 stalls. Combined, the total parking currently available is 1,581 stalls, a shortfall of 157 parking spaces. Beyond the existing spaces, the site has a "Proof of Parking" heavily wooded area. The adjacent map shows the location of this area on the west side of the property. A concept parking plan shows a net increase of 130 stalls if the area were paved. Combining this proof of parking area (see attachments) with the existing spaces provided bring the total to 1,711 stalls, a shortfall of 27 spaces from the parking required by code. = 1,588 spaces = 100 spaces 50 spaces 1,738 total spaces required Parking Utilization Spack Consulting completed a parking lot study at the Southdale Office Centre in 2008, revealing that the 9:00 to 11:30 a.m. weekday period had the highest parking demand on site. The number of occupied stalls was counted each half hour on Thursday, May 15, 2014 between 9:00 and 11:30 a.m. The most stalls occupied at one time on this date were 965. This total represents 65.2% of the available parking. An attached figure shows a summary of the parking lot count. Based on the peak demand of parking, the site has an excess of approximately 51 rking stalls. A variance of 27 parking should be given favorable consideration in recognition o e excess parking already provided on this site. aGo Doh a� 5� Appendix ��®®�� A. Parking Count Summary O� B. Proof of Parking Site Plans (Existing and New showing potential parking inc ase ��l a _Existing Parking Data P-c TRAFFIC STUDY COMPANY May 15, 2014 Southdale Office Centre Parking Lot Counts 1.15 CAPACITY—T 67 69 232 63 227 26 81 1 72 92 1 398 1 15-3--T--14-8-0--] Southdale Office Centre Parking Areas `� of r •�yY• � - — _ __ �`' !Yi � —�'. -J J .` ...: I,: .'r t'3'�' 111 �f: -� '• ,e�+ir+rj ' i I I ,I .. � `'-r � � - ''•• - � I ..... —:;I � 1 � I w.ra•rrr •rr.a•r :r..7 r:41L1.� ._.'�, .. � • r _ . r•' '�. . w M .... _. _. __ I I ............... rasarra rra• j • , i� 1 •�•y ir'' y A Imo., ` I #" L T.;.r..�. ..............t ...10 Et`P • .' .ir a a. : ji� Syl r 3i !I. 18 �1 35 •�. ,rw \ � .yam / ' t�1• 'i- ; `� ,l�ti S 1 r ,�jCO`� -. ,.(,� i �t4. `,1�M•' , � ,.•OM1 'i� �-J` .. ' .. o `"1 "A~ }a • - ' � _ _ ? '�iv O�h :i t., 7.M ti' • -� i _ t�r►4rr w * ia�]Y"r-... �� .I W � 'f � I `. � '; ^�. r ��/�V// � j+ _00 0 0 a _. � ~''�-_. .. • �arar r. p .',. .ice YI - __.__. Nam Alto Scale Sr 'r Consulting Attac gnt 1 Southdale Office C 're Bank of Amnrira Parkins I In --2 n Area 1 Area 2 Area 3 Area 4 Area 5 Area 6 Area 7 Area 8 Area 9 Area 10 Area 11 Total Parked % Occupied Total Capacity Factored Use %age Use 09:00 AM 09:30 AM 0 1 52 72 1 9 155 12 53 66 76 223 96 814 55.00% 45.0% 936 Factored 63.25% 10:00 AM 2 52 59 80 76 10 198 14 59 66 81 241 107 909 61.42% 38.6% 1,045 70.63% 10:30 AM 1 1 59 1 81 10 8 169 20 62 65 84 259 126 932 62.97% 37.0% 1,072 72.42% 11:00 AM 1 1 59 81 7 167 177 26 24 68 66 82 257 144 1 959 64.80% 35.2% 1,103 74:52% 11:30 AM 34 1 57 78 1 7 1 161 1 26 1 72 70 64 63 84 1 253 143 965 65,20% 34.8% 1,110 74.98% 77 238 L 141 1 952 64.32% 35.7% 1,095 73.97% CAPACITY—T 67 69 232 63 227 26 81 1 72 92 1 398 1 15-3--T--14-8-0--] Southdale Office Centre Parking Areas `� of r •�yY• � - — _ __ �`' !Yi � —�'. -J J .` ...: I,: .'r t'3'�' 111 �f: -� '• ,e�+ir+rj ' i I I ,I .. � `'-r � � - ''•• - � I ..... —:;I � 1 � I w.ra•rrr •rr.a•r :r..7 r:41L1.� ._.'�, .. � • r _ . r•' '�. . w M .... _. _. __ I I ............... rasarra rra• j • , i� 1 •�•y ir'' y A Imo., ` I #" L T.;.r..�. ..............t ...10 Et`P • .' .ir a a. : ji� Syl r 3i !I. 18 �1 35 •�. ,rw \ � .yam / ' t�1• 'i- ; `� ,l�ti S 1 r ,�jCO`� -. ,.(,� i �t4. `,1�M•' , � ,.•OM1 'i� �-J` .. ' .. o `"1 "A~ }a • - ' � _ _ ? '�iv O�h :i t., 7.M ti' • -� i _ t�r►4rr w * ia�]Y"r-... �� .I W � 'f � I `. � '; ^�. r ��/�V// � j+ _00 0 0 a _. � ~''�-_. .. • �arar r. p .',. .ice YI - __.__. Nam Alto Scale Sr 'r Consulting Attac gnt 1 Southdale Office C 're Bank of Amnrira Parkins I In --2 n M• SOUTHDALE OFFICE CENTER EDINA, MN r M1• Do 0 ZCD �o CD aCD �m 1 , , f ------ - - �B NEW TRASH ENCLOSURE O pi'%�STORY� �©o d SOUTHI)At OFFICE CENTER EDINA, NIN �N� SFA I F� -9 63 EXISTING STALLS 148 NEW PARKING, STALLS 211 TOTAL PAWING STALLS IIIII f--� NEW SITE PLAN SCALE: 1" = 60'-0" VIEW NORTH TO SOUTH OF SITE BankofAmerica -W I Edinq MN Gensler September 14, 2015 Existing Conditions 02015 Gensler Bankof America -4jj$;o- I Edina, MN Rendering Gensler October 01, 2015 ®2015 Gensler J Bankof America Edina, MN Rendering Gensler September 28, 2015 02015 c. -W .4-1 BankofAmedca -;Oo- I Edina, mN Gensler September 28, 2015 Rendering 02035 Gensler Bank of AmericaEden° MN Rendering Gensler September 28, 2015 02015 Gensler Bankof America -!W I Edina,Iry Rendering Gensler September 28, 2015 02015 Gensler MC-1Prefinkhed Metal Coping 'Makh ST -1' ACM4ANminumfaced Campasice%eels All Aluminum SmrehoM SOUTH ELEVATION Afnt-1 Mumkum%ced Composite %nNc ACMJ AI-1..Fm ComPoslte %nNs SIgn:915GFT 1k'b lR'a l' -d" 9J ' alOk01Amt8i0 IT �I 111 I t IH�m 0 NORTH ELEVATION Employee Entrap<e Bankof America -jjpo� I EdwaaMN Gensler September 14, 2015 MC -a Pmfinlshed Me rCnpng MatcM1 ST -a' GLa SpaMrN Glared ST -2 Llmeslwle PanNs Medla Wall ST -1 Gray Smooth Sto:ce y7-1 Gray Smoo[h5tane Unear Horizontal%item Linear Horlmntal pattern ACM -1 AluminumF d /a'SIgn:915GFF l' -d' Emergency Exit Cmnposlle%eels lk•filx OOFIRItxafl i rim I nkolAmedoO+W EAST ELEVATION MC -2 Prefinlshed Metal Co ping MC -1 P.M dMetal CoMng 'Match ST -Y 'March STt' sr -a Limestone Parels ST -t Gaysmootn Scone Lk:earHwlmntal Pattern i 51gn:I65[tR 1541I9'ali� 1T0 rrll wsl.rALynch 0 WEST ELEVATION GS PrefiNshetl Metal Coping 'March ST -Y GLa Sp..,. GIazM ST -a Llmes[one ParlNs A-1 Muminum-Fated Cnmposlle Column Wrap ACM -1 Aluminus:eFawd Comppsl[e Panels T. RaoFlRlodsia Mc -a vreAnknea Mora cpvl:y 'Mash sT-r M ummtpne Panels MC3 PmfinlihedM 1Coping M ah_. ST -1 Gray51ooth 5tww Unear Nmlmntal Pattern CMA y �Y 6. key plan ............. r QBank o/dmedu PNmary Enlrann ©C �I QMeMll lynch Primary Entrance oShared 5erondary EMn nre i l 1 Elevations ®2015 nensler Bank of America-qPo'- I Edina MN Gensler September 14, 2015 ACM -4 BRONZE _ -. ._.- .. ..... .. ...i ACM -3 MATCH AF -1 HONED LIMESTONE GRAY STONE CLEAR ANODIZED OLIESTIONSANpCONN1ENi$ NOIEPIryslcal marerla samplesare �ofdlow Na ma1L Materials 02015 Gensler SITE PLAN KEYED NOTES ITEM DESCRIPTION NEW ],10D5F BANK OFNWU FlNMKIMCENIER O NEW 9' CONCRETE 9DEWMK 3 EKISIINGIDSH; —KREIKWED 4 —w necra LTTMNSPGLME0. QS RNR(OFAMERICAIDEGN ts NEMfRVE(*STAU.RU--E—GMIXNG BGTARDnEW W1EMGMrtD XN01GP PggqG SIGN WITHIN ROUARD NEW POIENWMEOACCE551RIE TNWAY SIGN ---RAR SITE PLAN KEYED NOTES (CONT.) ITEM DESCRIPTION ®—11111NEMBE—ES,COURttARDAAFHNDAs50CIATEO W105U�PING — PEOfSFNN CONNECTION jl L Ie n l a l t I r+4 r Z f I > TriYI��GP pp. P���. H STOR M -TER POND i fff'T V \l I.f. 1. 4 I1 R R/W SITE PLAN KEYED NOTES (CONT.) ITEM I DESCRIPTION IS NflY WHTIE DIRELTTONAl ARRO'NS(TYPICLL) I6 NEW B'KI6 VFRnCRL NRR (1YNCM) I©INEW6'IKKI—IRUOWTIIFMKNIASTICEIIRMG WITH SAW CUTS PROPOSED CONCRETE PAWMET KEW 'RI-N•MCUVAND�RS--NOT fN1E0.'SIGX PE BINK 19 NEW 6' CONCRETE PAWJREM PROPERTY UNE FauNOAnoxlcoxusrE SIN 3NEWIRWANISYSTEMANDREQUIREDBOLUNIOB NEW TREE STNDIG ELKIRICRLI MATH SEANCE RACK NEW S. UOn POLE)N%NRE GFARMCE WR ' ®EW36-RI-IYTOPSIGNPERBNKSTN DARDCONCRETE IN iaMonnax PAVED AS-0011VElNCf U4NNfL G MANTER NEW6'CROSSSIN-PEAN STARDARn SITE PLAN KEYED NOTES (CONT.) ITEM DESCRIPTION ®—11111NEMBE—ES,COURttARDAAFHNDAs50CIATEO W105U�PING — PEOfSFNN CONNECTION jl L Ie n l a l t I r+4 r Z f I > TriYI��GP pp. P���. H STOR M -TER POND i fff'T V \l I.f. 1. 4 I1 R R/W RADNs RIGHT-OF-WAY �J►. DIRECTIONAL ARROW (, HANDICAP PARKING PROPOSED CURB PROP SED 4' CDNCRETE SIOEWMK WITH SAW CUTS PROPOSED CONCRETE PAWMET DNEW OEKISTING ASPHALT PAVEMENT CONCRETE PAVEMENT -- PROPERTY UNE — — — — SETBACK/BUFFER EKISTNG EDGE OF PAVEMENT SITE DATA 1. SITE ADDRESS B060 FRANCE AVENUE SOUTH EDINA. MN 550.15 2. TOTAL LEASE AREA 34,200 SF 679 AC ]. EKISRNG ZONING PUNNED OFFICE DISTRICT (Pp0-2) 4. DEVELDPED USE BANK W/ DRIVE THRU 4 OFYILE S. USE PERMITTED YES e. PARKING DATA: FINANCIAL CENTER I SPACE PER 200 G.F.A. PARKING REOUIRFA: 7,180 SF / 200 SF = ]8 SPACES PARKING PROWDED: 12' K 15' HNDICAP SPACE 2 SPACES 85.K Is' PARKING SPACE 24 SPACES TOTM PARKING SPACES PRONDEO 26 PAGES TOTAL BICYCLE PARKING PROMDED 5 SPACES DRIVE THRU FACIUTY - D-IREE(3 C FINANCIAL INSTITUTION: SPACES dETBAYKMC 7. BUILDING SETBACKS: (DRIVE-THRU AISLES INCLUDED / DUMPSTER NOT INCLUDED): BUILDING SETBACK EAST ]5 FT BUILDING SETBACK SOUTH 35 FT BUILDING WEST) 0 T BUILDING NORTH) 0 FT 0. LANDSCAPE BUFFERS: LANDSCAPE BUFFER EAST 2D FT LANDSCAPE BUFFER SOUTH LAN APE BUFFER WEST 20 R LAMOSCAPE BUFFER NORTH 0 FT S. am ZONE ACCOREI GRSNO TO THE FLOODHEREON INSUR IN SURANCE RMAPP. WMMUNIE IN " N"BER 2 M60. PANEL NUMBER 0364. SUFFIK E. EFFECTIVE SEPTEMBER 2. 2004 FOR THE CITY OF EDINA. MINNESOTA. N0. LEGAL DESCRIPTION: TPAR ISONN-1 TUPf�Yt SWM OF ME um111 M Axp11T5�BE51FRlY EK�pµ a ME P E PARK m5T ADMIIw. BF SAW IME«AST WWMRE TEN SIB=,=. MOT[ Ai mE NoxTKCASF SAD BE NSI 34 • w iurcETa I7ui6 FINttE EAS, FPdu D _ rosB[ I_,%1;; —11 111 6e DURICE N WICS 23 AB sm T M4 uq u411-1 RLVGSEyIFuSmM ms KIN 101.1, Sv naWs—u [x K M II. PROPERTY OWNER: SOUNDALE OFFICE U.C. 4350 BAKER ROAD SUITE 400 MINNETONKA. MN. 55343 Sl I t PLAN GENERAL NOTES 1. ALL DMESIGNS SHOWN ARE TO FACE OF GIRR. BUILDING OWENSIONS ARE O FACE OF BWIDW0. 2 _TING IMPROVEMENTS SHOWN ARE TAKEN FROM BOUNDARY Y TOPOGRAPHIC SURVEY PREPARED BY SUNDE UW SURVEYING INE. DATED 5/18/15. 1 BUILDING AND SIDEWALK DIMENSIONS ARE TO OUTSIDE EDGE OF WALL 4. ALE DES TO THE PROPERTY UNE ARE BASED ON THE BOUGARY & TOPOGRAPHIC SURVEY. 5. ALL =8 RADIUS ARE 3' UNLESS OTHEBISE NOTED B. SITE IMPROVEMENTS TO BE N SUBSIANTAL CWIFORNNCE — INNESOTA DEPARTMENT OF TRANBPORTATOM AG THE Gtt OF EDINA'S PUBLIC WORKS DEPARTMENT STANDARDS (LATEST EDITON). Bankof America '01 Edina 6868 France Avenue South Edina, Minnesota 55435 �I REFERENCE NORTH MAmMONaaen4n F.e Gensler LN:.NO. MODmen LierA&rt»ann owp.Mc. TY E ]A]I . eoAn EnMT BnlI®�eWapnl e Issue Date ISHW OesRNptlpO 061815 ISRUED FOR REVIEW 5 ISSUED PE MMENTS DENT COMMENTS ISRosi'duN MXrPPA, PE. DA DATE I PIPyd No., EDIM lftl.Number TO -341.00 IDFBWIpIIDA MERAN ISRRN CO2.01 s ( n 94 BANK 1 AMERICA 7,, E 5F STORM �pTEa,PoxD•Z_ 9TREj�T �M[RY�NWm j jar .t 1 { 7141 �SIORM WATER 70ND g � Ff 6Mw < IIhNUII � 9 GRADING PLAN LEGEND EL ELEVATION — TYPICAL GO CLEANOUT IE INVERT ELEVATION ROP° E%ISDNG ELE.T. �® PROPOSED PAVEMENT ELEVARON ® GRATE INLET FFE FINISH FLOOR ELEVATION RCP REINFORCED CONCRETE PIPE STORM SEVER STRUCTURE NUMBER ERDEKN CONTROL HIGH POINT MEG MATCH EMSRNG GRADE OS BUILDING a— SPOUT ® 12' OR GREATER BTORMWATER PIPE LESS THAN W STORMWATER PPE --� PROPOSED SURFACE STORMWATER FLOW —./ PROPOSED SWALE "EGTON OF PIPE ROW /I ] TOPEOa9ocwAiN%ax8 PAVING AND GRADING GENERAL NOTES 1. SEE ENERAL N¢ Y1EEs SHEET FOR EROSION AND SILTATION CONTROLGENERAL NOTES. 2 SEE S TE PLAN SHEET FOR SITE DATA. 3. SEE BOUNDARY & TOPOGRAPHIC SURVEY FOR TELIPORARY BENCH MARK (TBM) I.D.G.S. 4. TNCONTRACTOR SHALL MEET ALL REOUREMENTS FOR LOCAL MUNICIPALITY TAND T1E IsH...TA DEPARMENT OF TRA ON %TTH REGARD TD IMPROVEMENTS -N N THEIR RESPECTIVE RIGHTS-OF-WAY. L 5. NED AREAS N KGHTS OP -WAY TO BE RETURNED TOMATCH EK STNG CONDITION. 6. ALL CLEANOUT TOP ELEVATMIN SHALL MATCH FINISH GRAPE ELEVATIONS. T. Co... R SHALL INSTAM EROSION CONTROL BILT FENCE OUNO THE PERIMETER OF THE SITE AND MUST MAINTAIN THE SLT FENCE u D REPAIR UNTIL ALL CONSTRIILTION IS COMPLETE AND THE AREA IS STABILIZED. S. THE GoITRACTIR SHALL GGNTACTOTME ENCNEER PRIOR TO ANY TRUCTN%I IF ANY PROBLEMS CGNSDISCREPANCIES EAST. STORM STRUCTURE/PIPING DATA 50T,P-T ST -R E 'CC CATCH BASIN JUNGTON E. GIN OF EOINA PWD SIANOARps NNDOT 1NDEN 4006E RATE EL - R6OJ0 N EL - B)S.OD IE 860.4 IE . B6).90 ST -2 ST-) JUNCTION BOX 75 lr OF 15 HDPE N OOT WOE% 4.006L O L339 SLOPE IN. EL It— BJI.00 IE - 859.40 SIR ST -3 24 if OF IS' HOPE T9E -CC' CATCH BASIN O 0.429 SLOPE Cl OF ED NA PWD STANDARDS 9ERATB EL 969.50 96 LF OF 15' HOPE 0 39.b 0.16% SLOPE ST-4E T E 'CC, ST- TVPCATCH BASIN 5 0.1P0 OF 24' HDPE "' OF EDINA PWD STANDARDS 039 SLOPE RATE EL . B)T.30 E . B. 8.70 ST -5 ..CT_ BON INHDOT INDEX 4005L IN EL . 873.b IE (N,E) . 858.40 IE (N,W) . 859.15 BankafAmerica'�� Edina 6868 France Avenue South Edina, Minnesota 55435 ("I�- REFERENC gtTH Gensler L�c.xa.AAmaeoT GP4ms Fl••tBwHsu MFA NImy�Fn9nwmp a..R. LLC. @P .H SSUED FO See8S10Peluro WlE �PrRJeel Name EDINA �ProkPl Number TO 041.00 �peepNPlmee 1BeeM CO3.01 �+ 3-p— % • LANDSCAPE PLAN \ IWI��D�I�I LN 414 ■ LANDSCAPE NOTES pR«. v, m� m•.,-, W mm� ,..m. R m, o<.RR,� -o ...� Bankof America'��I Edina 6868 France Avenue South Edina, Minnesota 55435 Gensler L AN D 0 R ma�n NM919 Fac M9JR-0pn Sm4hW Sol i•k INLlannst 1919 IS RREviEW REVEW t� ta9at.00 LANDSCAPE PLIW IT AS INDICATED L-1 Bankof America �j Gensler September 14, 2015 Edina, MN Floor Plan sin,: na•=ra• 02015 Gensler U W aEiE°^ N d oL? Pt IQ, U.s 3y3aag riWW't"s ra �YS aSE4�4 � "E ajO S Ib 0�0�� ^i,i �mg R 3e.1 _ mE x ;S�E nfr _ Hl 4 • � � J E T�t'yi \ •«4. E ^., •SSe�5 't - %�' a § E 41 a a �� _•� f S � � a i c y ��4 sE! z z Es a �;� � a�:; • 5 :z � z :� ^�'� iia` �• ^ •may E`E.,6:,6::- E 2 s s. ,, ao € ` $ •,/ Cy= / g- ° °o°YE6°eEy.caP`�"�-4 ., _c c c m i 3 °� ,°^�:?F:• � 8 �Q�.E 3LS8 Bma ° gg2�r'600aan q;e°6�a `ssa o2 EB_6----99E_S--------------- -----8__9a_ &oo&0 0 ............. 0 ........��0080 0 ��1 NOT TAN Lease Description Sketch For.- S'OUTHD.ALE OFFICE CENTRE PC) h 1j oN ry ; O qp� Frpe Sod S /Y <r I` J NE CORNER OF THE SE 1/4 OF SEC. 30, TWP. 28, RGE. 24 I (, J ---- N89 °59 23"W 276.85 O4 ,�,--`---- 2//.85 — -- y9\�\ N0°06271F ,- ykDc ��/ J{ 4/.47 '• PROPOSED 2229 ) LEASE PARCEL c�"I ;Pmoo p0o S30 Ir � sr�sR F NOT TANGENT GI! 69TH T LJ N ww `- a 3�D- LL _< �a wv) EXCEIPT110N ST. OCD TO VILLAGE OF EDINA T FOR ROAD PURPOSES PER DOC. NO. 453786 ^/\I 1TI I ^rr-1/17 [)A )Ie r -I^)^ -r Ar' \I -r K.41 �: IJV Irl VI I IvL 1-% \ I li-�—I nvvl 1Ivey I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. L� 0 0 Dated this 27th day of May, 2015 11 s SUNDE LAND SURVEYING, LLC. -------------- w Leonard F. Carlson, P.L.S. Minn. Lic. No. 44890 89-260—D 724/77 T.28 R.24 S.30 SMT 89260D002Lease.dwg V) PROPOSED LEASE DESCRIPTION That part of the following described property, 2 That part of the Southeast Quarter of Section 30, Township 28, Range 24 CS lying Easterly of the �V Westerly line of Valley View Road except that part N thereof lying South of the North line, and its Westerly extension, of the plat of uj,6 South Office Park First N Addition. �CL Which lies southerly of a line W M described as commencing at the Znortheast corner of said w� Southeast Quarter of Section 30; thence on an assumed bearing of South 0 degrees 06 minutes 27 seconds West, along the east line of said Southeast Quarter of Section 30, a distance of 1763.76 feet to the point of beginning of the line to be described; thence North 89 degrees 59 minutes 23 seconds West 276.85 feet; thence South 44 degrees 39 minutes 10 seconds West 80.81 feet; thence South 19 degrees 26 minutes 15 seconds West 102.32 feet to said north line, and its westerly extension, of the plat of South Office Park First Addition and said line there terminating. EXCEPT those portions taken as street or road. 34,208 square feet SUNDE 9001 East Bloomington Freeway • Suite 118 Bloomington, Minnesota 55420420 —3435 JI952-881-2455 (Fax: 952-888-9526) LAND SURVEYING www.sunde.com DATE: October 7, 2015 TO: 6868 France Owner and Development Team CC: Ross Bintner P.E. - Environmental Engineer Cary Teague — Planning Director FROM: Chad Millner — Director of Engineering RE: 6868 France Avenue — Application Plan Review The Engineering Department has reviewed the subject property for street and utility connections, grading, and storm water per the plan set with dates: 6-24-15, 8-20-15, and 8-25-15. This memo also addresses comments from the planning commission and the city council from the sketch plan review process. Details 1. Valley View Road will require a crosswalk warrant analysis to determine the type of marking for the crosswalk. http://edinamn.gov/?section=local_ traffic_ control Also note City standard plate 716 for this crosswalk http://edinamn.govfindex.php?section=construction_ standards Traffic and Street 2. Crosswalk improvements across 69th Street are required. Create a refuge island within the 69" Street median, use attached crosswalk detail to be consistent with France Avenue project, and update pedestrian push buttons. Provide pedestrian ramp to pork chop island along France Avenue. 3. Per the City's sidewalk facilities plan, a sidewalk will be required along Valley View Road along the extents of the project. 4. Provide smooth transition at connection point with France Avenue sidewalk. A 90 -degree sidewalk cannot be maintained by City forces. S. Provide sidewalk / pathway easements for the public sidewalks along 69th Street and Valley View Road. 6. Consider re -aligning driveway entrance with Valley View Road. 7. Provide a concrete pad for the continued bus stop at the east corner of driveway entrance. Coordinate with Metro Transit on specifications. 8. An address plate on the east side of the building will be required that is visible from France Avenue. 9. Lighting plan not submitted but Canto lights will be required for outdoor lighting along France Avenue. Sanitary, Storm and Water Utilities 10. A fire hydrant will be required on the west side of the property. 11. A dedicated 6 -inch water main will be required for fire suppression systems. 12. Domestic water shall be sized by the developer's engineer. 13. Provide easements for public watermain. 14. More detail is required on storm water system and connections for the public system. ENGINEERING DEPARTMENT 7450 Metro Boulevard . Edina, Minnesota 55439 Nvww EdiinaMN.gov • 952-826-0371 . Fax 952-826-0392 /� Other Agency Coordination 15. Nine Mile Creek Watershed permit is required. Hennepin County, MDH, MPCA and MCES permits are required. France Avenue Crosswalk Detail TRAFFIC I jug CROSSWALK MARKING SPECIAL (THERMOPLASTIC) NOTES IC FLOW BLACK BLOCK (THERMOPLASTIC) HITE BLOCK THERMOPLASTIC) 1. SEE SPECIFICATIONS FOR MATERIAL AND PLACEMENT PROCEDURES. 2. CROSSWALKS SHALL BE ALIGNED WITH THE TRUNCATED DOMES, AS MUCH AS POSSIBLE. 3. WHITE AREAS TO BE CENTERED AND ALIGNED ON CENTER LINE AND LANE LINES. 4. CITY TO STAKE LOCATIONS OF CROSSWALK MARKINGS. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 4'3 A w wwEdinaMN.gov • 952-826-0371 • Fax 952-826-0392 J V Storefront Appropriate Context: This frontage type is for small retail or service spaces fronting public spaces in Core areas. Configuration: There may be an exterior entrance for each leasable space, spaced relatively closely along the sidewalk. Follow City of Edina guidelines for commercial storefronts for glazing, setbacks, awnings, signage, lighting and for related outdoor commercial uses such as sidevratk cafes. Doorway (At -Grade) Appropriate Context: This frontage type is for smaller commercial spaces In commercial or mixed use buildings that front a sidewalk. This is not to be used as a substitute for Storefront, where Storefront Is merited or preferred, in core areas. The Doorway has less window space because the Interior use might be office rather than retail. Configuration: The at -grade doorway may serve one or multiple interior users. if setback V-12', a'door-court' provides space for bike parking, seating and greenery. =,] Appropriate Context: This frontage type is primarily for angle family row houses and multifamily buildings with units facing .the street. They provide a good transitional frontage condition for buildings in between neighborhood and core areas. Configuration: Exterior stairs access a sheltered or recessed area large enough for a family to stand and wait for the door to be unlocked, and for guests to stand back after ringing the doorbell. Stairs facing the street provide a social setting., Shared Entry Appropriate Context: This frontage type is for apartment buildings. This residential frontage may be also used in a vertically mixed-use building that also features Storefront frontage Configuration: There would be a single entrance to the building with security features. individual apartments would have entry doors along central hallways. Buildings with this condition may also feature the Stoop frontage for ftrst4loor units Raving direct access to the sidewalk. Porch & Yard Appropriate Context: This frontage is typically for residential applications but can be found on commercial buildings, especially in transitional areas behveen single family streets and more commercial blocks, Configuration: 7.5' dear zone allows porch to become furnishable living space. Accessible entries should be accessed from the front to the side of central stair, which should be visible from the street. 'Wei iilie11 Appropriate Context: Common Lawn describes the predominant primary frontage condition found throughout Edina 's residenttal neighborhood streets. Configuration: See Cityof Edina's current regulations governing setbacks and lot, yard and building placement of single family homes. 431 w Bankofftericall� I Eazyz,,lW�T GOnster Time 2.1. 2015 BUODM DEPARTMENT JUN 2 9 2015 Rendering F-, I� t O � 3 O O c e e 433 N � � � 0 � m F-, I� t O � 3 O O c e e 433 II I II ST -1 GRAY SMOOTH STONE (PATTERN FOR REFERENCE) ST -2 WHITE STONE ACM -1 ACM -4 BUILDING WARTMW JUN 2 9 2015 CRY OF EDINA Bankof America -;O;o. I E-dindMV Materials Gensler June 23, 2015 ` OFi0 �7�E>� Om�� �Ef mOFf�7� E�Ef�E>l a r � ' / ,� �'"'' ..,.;.. •fie^' •m. I a BEST 69TH STREET ' I LANDSCAP'r FLAN J LANDSCAPENOTCS I INY¢ IIL U�DE¢LRWD UMIE9 LOCbHI pRYA t01Nf D�'[4K. 1HE� _� tee`°°a°ne�al•mma"� r � "°ol'al� a w.il�:� �s o"ine`ler urn ,w l"us¢I 'p n,� w`°",¢¢h'ON` � .""ud.",¢ e•" �°N' a ¢"��N . � P�II p,Nae or .ax maLam IoW eNm x,.,..1 w. N,.,Pa em .a ©wAwL,PIL u Baal °. waecr¢ m,,1.Y m lar,,,,a ¢. M BUILDING DO JUN 2 9 CITY OF FankofAmeroca s� Edina 6868 France Avenue South Edina, Minnesota 55435 Gensler ...¢em. r- a n M n.asuemrhlxh • • $0.55eNM1Fl11NArerue Fe�L 1bR5RW>P u¢e ¢Il IbR+1vmR NumnYe¢t NN ¢51111 Ylel1 IeMlorm.nel IPmleN a¢mv Ep11M IPmIeNNumhe, 7p347.po IDe¢mIPNYN LANDSCAPE PLAN ESveN AS INDICATED _1 11� o, O — r!n. `� 4•\!: "�Ia�I7�.�r-� 'a'.iY.— :i'''' :'l-rf1::;.4.^4�{:y' I IH�.I U I am g` BANK OF AMERICA .Ir• I 0.4 i 7,190 9F '• i (za �. .:�x�I f4.a i � ' / ,� �'"'' ..,.;.. •fie^' •m. I a BEST 69TH STREET ' I LANDSCAP'r FLAN J LANDSCAPENOTCS I INY¢ IIL U�DE¢LRWD UMIE9 LOCbHI pRYA t01Nf D�'[4K. 1HE� _� tee`°°a°ne�al•mma"� r � "°ol'al� a w.il�:� �s o"ine`ler urn ,w l"us¢I 'p n,� w`°",¢¢h'ON` � .""ud.",¢ e•" �°N' a ¢"��N . � P�II p,Nae or .ax maLam IoW eNm x,.,..1 w. N,.,Pa em .a ©wAwL,PIL u Baal °. waecr¢ m,,1.Y m lar,,,,a ¢. M BUILDING DO JUN 2 9 CITY OF FankofAmeroca s� Edina 6868 France Avenue South Edina, Minnesota 55435 Gensler ...¢em. r- a n M n.asuemrhlxh • • $0.55eNM1Fl11NArerue Fe�L 1bR5RW>P u¢e ¢Il IbR+1vmR NumnYe¢t NN ¢51111 Ylel1 IeMlorm.nel IPmleN a¢mv Ep11M IPmIeNNumhe, 7p347.po IDe¢mIPNYN LANDSCAPE PLAN ESveN AS INDICATED _1 P ` � V �frII 0 --i ._ _.. !je r � i .. t kj t '°fit f� •' �•� � »�� � lig wi 1, a • Joe d a n e: --fit- . P ` � V �frII 0 --i ._ _.. !je A3 Unit Price Quantity Total MOBILIZATION LUMP SUM $ 25,000.00 1 $ 25,000.00 REMOVE CURB & GUTTER LIN FT $ 5.00 700 $ 3,500.00 REMOVE CONCRETE PAVEMENT SQ YD $ 20.00 70 $ 1,400.00 REMOVE BITUMINOUS PAVEMENT SQ YD $ 20.00 40 $ 800.00 REMOVE DRAINAGE STRUCTURE EACH $ 500.00 4 $ 2,000.00 SAWING CONCRETE PAVEMENT LIN FT $ 8.00 450 $ 3,600.00 SIGNAL SYSTEM REVISION LS $ 60,000.00 1 $ 60,000.00 AGGREGATE BASE CU YD $ 25.00 75 $ 1,875.00 CONCRETE DRAINAGE PAD EACH $ 500.00 4 $ 2,000.00 CONCRETE PAVEMENT 8.0" HE CU YD $ 50.00 360 $ 18,000.00 DRILL AND GROUT DOWEL BARS EACH $ 8.00 140 $ 1,120.00 15" RC PIPE LIN FT $ 50.00 45 $ 2,250.00 CONNECT TO EXISTING DRAINAGES EACH $ 500.00 4 $ 2,000.00 DRAINAGE STRUCTURE 4020-48 LIN FT $ 500.00 16 $ 8,000.00 CASTING ASSEMBLY EACH $ 500.00 4 $ 2,000.00 B624 CURB & GUTTER LIN FT $ 20.00 510 $ 10,200.00 4" CONCRETE WALK SQ FT $ 5.00 3200 $ 16,000.00 TRAFFIC CONTROL LS $ 6,000.00 1 $ 6,000.00 SIGNING & STRIPING LS $ 2,000.00 1 $ 2,000.00 TURF ESTABLISHMENT ILS $ 1,500.00 1 1 $ 1,500.00 SUBTOTAL 25% CONTINGENCY TOTAL $ $ $ 170,000.00 43,000.00 213,000.00 A3 City Hall • Phone 952-927-8861 Fax 952-826-0389 • www.CiiyofEdina.com Date: To: From: Re: October 14, 2015 Planning Commission Cary Teague, Community Development Director MEMO City Code Amendment Consideration — Taprooms, Brewpubs and Distilleries. The City Council is considering an amendment to Chapter 4 of the City Code regarding Alcoholic Beverages. First reading of the Ordinance was approved by the City Council on October 6th. (See attached Ordinance on pages A97 -AI 17.) Consideration of this amendment is the result of input gathered in January of 2015 regarding potential changes to the city regulations on alcoholic beverages. The public comments favored the elimination of the 60/40 food to beverage ratio, supported taprooms and strongly preferred restaurants that serve liquor instead of bars that serve liquor without food. (See background information on pages A88 -A93.) As part of that consideration, the Planning Commission is asked to consider a Zoning Ordinance Amendment to allow taprooms, brewpubs, breweries, and distilleries in Edina. Current City Code allows a brewery, distillery and winery in the PID, Planned Industrial District; however, would not allow a brewpub or taproom anywhere. Taprooms and brewpubs have become very popular in the Twin Cities. Staff conducted a survey of cities to find out how other cities are regulating them. (See table on pages A3 -A7, and the various city regulations on pages A8 -A63.) Staff also took pictures of existing brewpubs and taprooms to gain some insight on the look and function of their operations. (See Pictures on pages A64-AA87.) The draft ordinance before the planning Commission is based on several of these city's ordinances. The Planning Commission is asked to hold a public hearing on the amendment, and make a recommendation to the City Council. The second reading of the Ordinance is scheduled to be heard by the City Council on October 20th. Based on the feedback from the Planning on September 30th, food trucks have been added as an allowed accessory use to taprooms, wineries, distilleries and cocktail rooms. Also, staff contacted the health department and police department in regard to any concerns they may have. The health department does not believe that odors would be an issue with breweries, and have not heard from other cities about that being an issue. The police department has not had an inordinate amount of phone calls from restaurants that serve alcohol, and don't believe the ordinance will cause problems for the city. The following is a summary of each of the "Sections" in the proposed Zoning Ordinance Amendment: Section I. Definitions. Each of the uses are. defined. They include: Brewery, Brewpub, Distillery, City of Edina • 4801 W. 50th St..- Edina, MN 55424 I&— MEMO MEMO A. o e A cn HJ��yo ilov u Cocktail Room, Taproom, and Winery. These definitions are consistent with state law, with each of the cities surveyed, and are recommended by the city attorney. Section 2. Parking Regulations. Parking regulations for each of the uses are defined. Parking has been an issue in Minneapolis, where taprooms are going in commercial areas with very little parking available. The ordinance proposed for taprooms requires one (1) space per forty (40) square feet is closer to a restaurant calculation and has worked well in Wayzata, Woodbury, Lakeville and Stillwater. For brewpubs, the manufacturing parking requirement would apply to production, and the traditional restaurant standards apply to the restaurant side of the use. Section 3. Brewpubs (Where would they be allowed). Brewpubs are proposed to be allowed in the City's Commercial Zoning Districts (PCD -I, 2 and 3). They would be considered a permitted use just like a restaurant. (See page AI, which shows where brewpubs would be allowed, as long as they provide the required parking, and meet the conditions in Section 5.) An example of a Brewpub would be a Granite City Food & Brewery. Section 4 Brewery Distillery, Taproom, Winery, Cocktail Room (Where would they be allowed). A brewery, distillery, cocktail room, taproom, and winery would only be allowed in the PID, Planned Industrial Zoning District. (See page A2.) They would be a permitted use, as long as there was adequate parking per the parking regulations provided, and meet all other City Code requirements, including Section 5 below. Current City Code would allow the manufacturing piece of a brewery, distillery or winery, but not the taproom or cocktail room. Note that many other cities allow these uses in their office and commercial district by conditional use permit. Staff recommends only allowing them in the Industrial District. Section S. Mobile Food Unit (Food Trucks).A licensed mobile food unit is allowed as an accessory use to a Taproom, Winery, Distillery or Cocktail Room. This helps address the issue of serving food at these establishments. A food truck is only allowed in the Industrial district, if it is accessory to these uses. That would still protect existing brick and mortar restaurants from major competition from food trucks. Section 6. Provides the regulations for breweries, taprooms, wineries, distilleries, cocktail rooms and brewpubs. Below are the standards for (b) for reference. These are existing Code standards: (5) Restrictions, controls and design standards. Uses which, because of the nature of their operation, are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual features shall be considered as "excessive" when they either exceed or deviate from the limitations set forth in the following performance specifications: City of Edina - 4801 W. 50,h St. - Edina, MN 55424 a. Noise. Noise shall be measured on any property line of the tract on which the use is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the decibel levels given in the table set forth in this subsection. The sound pressure level shall be measured with a sound level meter and on an associated octave band analyzer, both of which shall be manufactured according to current specifications prescribed by the American Standard Association. Measurement shall be made using the flat network of the sound level meter. Octave band frequency (cycles per second) Max. Decibel Level 20-75 1 65 176—ISO 1 60 151-300 55 301-600 46 601-1,200 40 11,201-2,400 34 2,401-4,800 31 Over 4,800 38 b. Vibration. No use shall, at any time, cause earth vibrations perceptible beyond the limits of the tract on which the use is located. c. Dust and 'dirt. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air. d. Smoke. Measurement shall be at the point of emission. The, then most recent Ringelmann Smoke Chart, published by the United States Bureau of Mines shall be used for the measurement of smoke and is hereby adopted and incorporated into this section by reference and made a part of this section. Smoke not darker or more opaque than No. I on the chart may be emitted. However smoke not darker or more opaque than No. 2 on the chart may be emitted for periods not longer than four minutes in any 30 -minute period. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity. City of Edina • 4801 W. 50th St. • Edina, MN 55424 MEMO TA 1\ e. Odor. The use shall not, at any time, cause the discharge of toxic, noxious or odorous matter beyond the confines of the principal building in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety. f. Glare. Glare, whether directed or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the limits of the tract from which it originates. g. Liquid wastes. Liquid wastes containing any organic or toxic matter shall be discharged either into a public sanitary sewer or treated in a manner prescribed by the health department. The rate of liquid waste discharged into the city's sanitary sewerage system shall not exceed 200 gallons per lot per hour between the hours of 9:00 a.m. and 12:00 noon. In order to ensure compliance with the performance standards set forth in this subsection, the planner may require the owner or operator of any use to make, without cost to the city, investigations and tests as the planner deems necessary to show adherence to the performance standards. The investigations and tests shall be done by an independent testing organization approved by the planner. City of Edina • 4801 W. 50th St. • Edina, MN 55424 NgS w .LfiWFP 7-m M-6 Vim 111"I m 0 :A I I WILSON RD & EDEN AVE DETAIL rl GRANDVIEW DETAIL CAHILL RD & 70TH DETAIL DISTRICTS WHERE 704"Si DKT14bA %# NOVA* C+det�L RaN W W l0 BE .�,� ALto•!td Zoning Map City of Edina Hennepin County, Minnesota Legend r771— VALLEY VIEW & WOODDALE DETAIL P 1, 1) N W+E S city Type of Establishment: ; Parking Requirements Hours of Operation Regulated ; Zoning Districts I Type of Use ; Notes Office Park C 1/40 ftz of dining area & Taproom ' ' No ; Accessory to , z 1/80 ft of kitchen area , I-1, Light Industrial brewery or small , ; brewery i i I i 1 1-2, General Industrial 1 Accessory ' ' C-2, Highway Commercial 1 C I i I Small Brewery* 1/40 ftz of dining area & 1 ; ' 1 C-3, General Commercial 1 C *Brewer that produces not y Taproom z ; 1/80 ft of kitchen area ; No I CBD I I C more than 20,000 barrels of ; malt liquor in a calendar year Office Park I P 1 I I_ CB D ; IP Lakeville-----------; --------------------- - ------------- -----------------�- ----------- -----------�------------------------------------------- z 1/40 ft of dining area & 1 I C-2, Highway Commercial ; P ; Brewpub I 1/80 ftz of kitchen area No C-3, General Commercial ; P ; ' CBD ; P I ' i Office Park C I ; ; ' 1/40 ftz of dining area & Distilleries are permitted in 1-1. Distillery No 1-1 Light Industrial C :Distilleries with an accessory tasting 1/80 ftz of kitchen area I Iroom are conditional. I I f !Distilleries are permitted in 1-2. 1 1-2 General C !Distilleries with an accessory tasting - ___________________________ ____________________ r-------`--- r---------------`------------------------------`--------- !room are conditional. Microdistillery I 1/40 ft of dining area & z No Office Park P 1 1/80 ft of kitchen area ; ; ; Hours of ; I City Type of Establishment; ; I Parking Requirements ; Operation ; Zoning Districts ; Type of Use Notes Regulated ; ' C-2, Highway Commercial P ; C-3, General Commercial P ; CBD ; C ' ; I -CBD P I ; ;Microdistilleriesaye permitted in I-1. Lakeville (cont.) Microdistillery (cont.)I 1-1 Light Industrial I C Microdistilleries with an accessory I (tasting room are conditional. , ; ; I ;Microdistilleries are permitted in 1-2. Microdistilleries with an accessory I I 1-2 General C ;tasting room are conditional. CBD C 1/1000 ft, of i Stillwater Brewer Taproom I manufacturing area & ' No ; I General Commercial I C I I ;1/150 ft' of taproom space; i i Business Park District C :No parking requirements I B-2 I P Brewer Taproom Im B-2 or on properties in Bi No ;3 that abut B-2 district I I B-3 I C ; Must abut Mainstreet-------- Hokins p --------------------------- ------------------------------- ;------------------------------------------------------- ------------------------------------- No parking requirements B-2 P ; Brewpub ;in B-2 or on properties in Bi No I ' 13 that abut B-2 district B-3 C ; Must abut Mainstreet f I Hours of I I i , City Type of Establishment! Parking Requirements ; Operation Zoning Districts Type of Use Notes Regulated ' I 2.5 for 1,000 ft2 of retail � I Ifloorarea. 1for42ft2of I restaurant/bar area. 1 for f I I !each two employees on ,No I All business districts including! I C II 50% floor space must be used forBrewerTaproom ; Excelsior maximum shift or one for I CBD I retail/restaurant purposes , each 2,000 square feet of , , !gross floor area, whichever! ; I I 1 I I is greater for storage use. 1 I ; 1 I I ' I ----------------------------------------------------------------------------- -----------------------------------Y-------------------------y------------------------------------------- ' Microdistillery I See Microbrewery I No ; I All business districts including! I C 1 I 50% floor space must be used for CBD I retail/restaurant purposes I I ' I C-2, Shopping Center I ;Shall not exceed production of 5,000 I Buisness District; ; C ;barrels annually I C-3, Service Commercial ; C I i District i I Micro-productionI , ; ; 1/1000 ft2 of floor area I No ; I I C-4 CBD I C , Facility I i' I I , I C -4A Limited CBD i C i Wayzata I I i i C-413 CBD i I C I I I ---------------------------t--------------------------------F-->-----------------i---------------------------------- ;1/1000 ft of produciton I - ----------------------- I IAccesory to micro- Shall not exceed production of 3,500 Taproom/Tasting ;floor area; 1/40 ft2 of bar ;production facility. ;barrels annually; only 500 barrels Room ;area I ,; No ; See micro -production facility I I ; , ' ;may be sold off -sale , , ' I ------------=-------------;-------------------------------'--------------------a----------------------------------- i1/1000ft2forproduction 1 i IAccesoryto ------------------------- micro- ----------------- ------------------------- Brewpub 1 , !area; of dining and ; No. , i ; , See micro -production facility I production facility. , I 1 bar area; 1/80ft2 of kitchen; ;area -�- :- •II: -1 .11 R. .lt e 1 X11 Hours of City Type of Establishment; Parking Requirements Operation Zoning Districts Type of Use Notes Regulated No on-site parking I !Up to 5,000 ft2 in area provided a 1 required for non � � I 1 minumum 20 percent of the floor ;residential uses of 5,000 C !area is devoted to use as a brewer White Bear Lake Brewer Taproom 1 ft2 or less; 1/350 ft2 of light; N0 CBD ;taproom and retail sales display area (manufacturing floor area , , , I 1 B-2 Limited Business District 1 1 C , 1 11/1000 ft2 of production 1 1 , , 1 B-3 General Business District C , , ' , , Cannot exceed production of Minnetonka Brewer Taproom floor area; 1/50 ft2 of No 1 ; 250,000 barrels per year ;taproom floor area , 1 , , 1 ' I 1 ; 1 1 1 1 1-1 Industrial District ' C ' 1 Brewery 1/60ft2 See below. I -G General Industrial iP ________________________________ __________ - -------------------------------------------------------------------------------------------=------------------- ±-- hi- ,Yes. Currently :Cannot produce more than 3,500 ;considering 1 !barrels per year; 15% of floor area I -P Industrial Park ;striking hours of , P w/Conditions 1 Imay be used for retail and/or St. Louis Park BrewerTaproom s ; 1/60ft ;regulation --------------7---------------------����T�------- ; ;""""'"""""-""""""""' ; ;taproom ---------------------------------- ;Cannot produce more than 3,500 1 1 ' barrels per year; 25% of floor area B -P Business Park 1 P w/Conditions 1 ;may be used for retail and/or , 1 ;taproom St. Louis Park Hours of Operation Monday - Thursday: 3 pm to 8 pm Friday: 3 pm to 10 pm Saturday: 11 am to 10 pm Sunday: 11 am to 8 pm -�- :- •II: -1 .11 R. .lt e 1 X11 This page intentionally left blank. 9/11/2015 Sterling Codifiers, Inc. LAKE%J Chapter 2 RULES AND DEFINITIONS 11-2-1: RULES: The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction: A. The singular number includes the plural, and the plural the singular. B. The present tense includes the past and the future tenses, and the future the present. C. The word "shall" is mandatory while the word "may" is permissive. D. The masculine gender includes the feminine and neuter. E. All measured distances expressed in feet shall be to the nearest tenth of a foot. F. For terminology not defined in this title, this code, the Minnesota state building code or the Webster's dictionary shall be used to define such terms. (Ord. 674, sec. 1, 7-17-2000) . 11-2-3: DEFINITIONS: The following words and terms, wherever they occur in this title, shall be interpreted as herein defined: ABANDONED SIGN: Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition http://www.sterlingcodifiers.com/codebook/printnow.php A 11128 Sterling Codifiers, Inc. BANNER SIGN: A strip of fabric, cloth, vinyl, plastic or other material upon which a sign is displayed. BASEMENT: That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. (See definition of Story.) BAY: Cantilevered area of a room. BED AND BREAKFAST ESTABLISHMENT: A building, typically residential in character, where for compensation lodging is provided to transient guests, and where meals and/or beverages may be offered in connection with the provision of sleeping accommodations. BLUFF: A sloped topographic feature having all of the following characteristics: A. Part or all of the feature is located in a shoreland area; B. The slope rises at least twenty five feet (25') above the ordinary high water level of the water body or toe of the bluff. For purposes of this definition, "toe of the bluff' means the lower point of a horizontal ten foot (10') segment with an average slope exceeding eighteen percent (18%); and C. The grade of the slope from the ordinary high water level of the water body or the toe of the bluff averages thirty percent (30%) or greater. For purposes of this definition, "top of the bluff" means the higher point of the highest horizontal ten foot (10') segment with an average slope exceeding eighteen percent (18%). BLUFF IMPACT ZONE: A bluff and land located within twenty feet (20') of a bluff. BOARDING HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, lodging and/or meals are provided to persons not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply. BOATHOUSE: A structure used solely for the storage of boats or boating equipment. BODY PIERCING: Penetrating or making a hole in or through the human body to place jewelry or objects of metal, plastic, wood, bone, or other foreign material on any area for cosmetic purposes. BOULEVARD: The portion of the street right of way between the curb and the property line. ZREW ON PREMISES: A facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the, brew on premises store holds the appropriate liquor license. Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. Malt liquor brewed by a customer in httn•Uwr,vw_steriinocodifiers.com/codebook/Drintnow.Dho f(o 61128 9111/2015 Sterling Codifiers, Inc. the store must not be sold and must be used by the customer solely for personal or family use BREWERY: A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. BREWERY, SMALL: A brewery that produces not more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota statutes, as may be amended. BREWPUB: A small brewery with a restaurant use operated on the same premises as the brewery. BUFFER: The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts. BUFFER YARD: A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts. BUILDABLE AREA: The portion of a lot remaining after required yards have been provided. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING HEIGHT: A distance to be measured from the mean ground. level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types. BUILDING LINE: A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. BUILDING SIGN: Any sign attached or supported by any building. BUSINESS: Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation. CANOPY: A rooflike cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. CANOPY SIGN: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. CELLAR: The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. CEMETERY: A parcel or tract of land used or intended to be used for the burial of the dead including columbariums, crematories, mausoleums and mortuaries when operated within the boundaries of such cemetery. CHANGEABLE COPY SIGN: A sign or portion thereof that has a reader board for the display of http:/Nrww.sterlingcodifiers.com/codebook/printnow.php ��O 7/128 9/11/2015 Sterling Codifiers, Inc. B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". For the purpose of this title, "historic structure" shall be as defined in 44 code of federal regulations, part 59.1. SURFACE WATER ORIENTED COMMERCIAL USE: The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. SUSPENDED SIGN: Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface. TAPROOM: An area for the on -sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota statutes, as may be amended. TASTING ROOM: An area for the on -sale consumption of distilled spirits or wine produced on the premises of or abutting a winery or distillery and in common ownership to the producer, which may include sales of beverages produced and packaged at the winery or distillery for off premises consumption as may be allowed by Minnesota statutes, as may be amended. TATTOO, TATTOOING: Any method of placing designs, letters, scrolls, figures, symbols or any other mark upon, under or in the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments which puncture any portion of the skin to any degree. TEMPORARY STRUCTURE: A structure that is not permanently erected on a site. TIME AND TEMPERATURE SIGN: A sign that displays only current time and temperature information. TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a specific lot. TRAILER, SEMI -TRACTOR: A trailer with a set or sets of wheels at the rear only, which may be supported in front by a truck, tractor or towing vehicle, and which is used for the purpose of, but ,not limited to, storage, transportation of freight, or holding freight for sale or lease. TRANSIT STATION: A building or area which serves as a regular stopping place for buses and/or other forms of urban public transportation. TRANSMISSION LINE: Those high capacity conductors generally rated one hundred fifteen (115) kilovolts and above and associated structures which are used to carry electricity from points of generation to distribution points such as substations and distribution lines. TRUCK STOP: Any building, premises or land in which or upon which a business, service or industry involving the maintenance, cleaning, servicing, storage or repair of commercial vehicles is conducted including the dispensing of motor fuel, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight ,.IR.,.......*-"... —lifio— rnm/r4 hnnk/nHnfnn%Ai nhn A A 4111J�R 9/11/2015 this title. Sterling Codifiers, Inc. ZONING DISTRICT OVERLAY: A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations. ZONING DISTRICT UNDERLYING (BASE): All zoning districts except overlay zoning districts. ZONING MAP: The map or maps incorporated into this title as part thereof, designating the zoning districts. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 707, sec. 1, 3-4-2002; Ord. 730, sec. 1, 3-17-2003; Ord. 762, sec. 1, 4-5-2004; Ord. 791, sec. 1, 9-19-2005; Ord. 816, secs. 2, 3, 2-5- 2007; Ord. 827, sec. 1, 7-16-2007; Ord. 866, secs. 2, 10, 5-17-2010; Ord. 867, secs. 1, 2, 3, 5- 17-2010; Ord. 897, 12-3-2012; Ord. 903, 3-4-2013; Ord. 913, 11-4-2013; Ord. 920, 4-7-2014; Ord. 924, 7-7-2014; Ord. 936, 3-16-2015) Chapter 72 C-2, HIGHWAY COMMERCIAL DISTRICT 11-72-1: PURPOSE: The purpose of the C-2 district is to provide for and limit the establishment of motor vehicle oriented or dependent high intensity commercial and service activities. (Ord. 867, sec. 109, 5- 17-2010) 11-72-3: PERMITTED USES: In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in a C-2 district: A. Bank, savings and loan, savings credit unions and other financial institutions. B. Commercial recreation, indoor. C. f=uneral homes and mortuaries. hitp://www.sterlingeodifiers.com/codebook/printnow.php Al a 351128 9/11/2015 Sterling Codifiers, Inc. D. Governmental and public utility buildings and structures; city of Lakeville only. E. Hotels. F. Instructional classes. G. Motor vehicle and recreation equipment sales and structures accessory thereto (excluding those involving outdoor display). H. Office businesses. I. Pawnshops. J. Private clubs or lodges serving food and beverages with on- and off -sale liquor. K. Public garages and parking lots. L. Restaurants, general with on- and off -sale liquor. M. Retail businesses. N. Service businesses, on and off site. O. Sexually oriented uses, principal. P. Tattoo parlors. (Ord. 867, sec. 109, 5-17-2010) hfto://www.sterlinacodifiers.com/codebook/printnow.php 36/128 9/11/2015 Q. Data centers. Sterling Codifiers, Inc. R. Fitness centers and health clubs. (Ord. 917, 2-18-2014) S. Brew on premises. T. Brewpub. (Ord. 924, 7-7-2014) 11-72-5: PERMITTED ACCESSORII USES: In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in a C-2 district: A. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. B. Fences as regulated by chapter 21 of this title. C. Ground source heat pump systems as regulated by chapter 29 of this title. D. Off street loading as regulated by chapter 20 of this title. E. Off street parking as regulated by chapter 19 of this title, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours. F. Satellite TVROs as regulated by chapter 30 of this title. G. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title. ` http://www.sterlingcodifiers.com/Codebook/printnow.php 37/128 9/11/2015 H. Sexually oriented uses, accessory. Sterling Codifiers, Inc. I. Signs as regulated by chapter 23 of this title. J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 109, 5-17-2010) 11-72-7: CONDITIONAL USES: In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a C-2 district and require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title. A. Auto repair, minor, provided that: 1. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city engineer. 2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty feet (150'). 3. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. 4. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. No outside storage except as allowed in compliance with this chapter. 6. Sale of products other than those specifically mentioned in this section be subject to a conditional use permit and be in compliance with this section. 7. All conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. � (S hHn•/AAM/IAI cterlinncnriifiars rom/rnriahnnl</nrintnnw_nhn ZAli 9S2 9/11/2015 Sterling Codifiers, Inc. 9. All state health department and Minnesota pollution control agency requirements for such facilities are met. 10. There shall be adequate physical separation within a multiple occupancy building between the animal boarding tenant and other individual tenant spaces to protect public health and safety. (Ord. 888, 2-21-2012; amd. Ord. 917, 2-18-2014) U. Nursing homes, residential care facilities, continuing care retirement communities and senior housing with services establishments licensed by the Minnesota department of health provided that: 1. Side and rear yards shall be screened in compliance with section 11-21-9 of this title. 2. Only the rear yard shall be used for recreational areas. Said area shall be fenced and controlled and screened in compliance with section 11-21-9 of this title. 3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated by the use. 4. The use of exterior building materials shall be as required for buildings in the RHA district. 5. All state statutes and rules governing such uses are strictly adhered to and all required operating permits are secured. (Ord._913, 11-4-2013; amd. Ord. 917, 2-18-2014) V. Microdistilleries with tasting rooms. W. Small breweries with taprooms. (Ord. 924, 7-7-2014) 11-72-9: INTERIM USES: In addition to other uses specifically, identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses in the C-2 district and are governed by chapter 5 of this title: (Ord. 867, sec. 109, 5-17-2010) A. Outdoor service, sale and rental as an accessory use, provided that: 1. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or http://www.sterlingGodifiiers.com/codebook/printnow.php �4 50/128 9/11/2015 Sterling Codifiers, Inc. A. Principal buildings: Three (3) stories or thirty five feet (35'), whichever is less. B. Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 109, 5-17-2010) Chapter 73 C-3, GENERAL COMMERCIAL DISTRICT 11-73-1: PURPOSE: The purpose of the C-3 district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. (Ord. 867, sec. 110, 5-17-2010) 11-73-3: PERMITTED USES: In addition to other uses specifically identified elsewhere in this title, the following are permitted uses in a C-3 district: A. Bank, savings and loan, savings credit unions and other financial institutions. B. Commercial recreation, indoor. C. Funeral homes and mortuaries. D. Governmental and public utility buildings and structures; city of Lakeville only. E. Hotels. 4) 1 httn•/A&, Aw.sterlinacodifiers.com/codebook/printnow.php 56/128 9/11/2015 Sterling Codifiers, Inc. F. Instructional classes. G. Office businesses. H. Pawnshops. I. Private clubs or lodges serving food and beverages with on- and off -sale liquor. J. Public garages and parking lots. K. Restaurants, general with on- and off -sale liquor. L. Retail businesses. M. Service businesses, on and off site. N. Sexually oriented uses, principal. O. Tattoo parlors. (Ord. 867, sec. 110, 5-17-2010) P. Data centers. C.J. Fitness centers and health clubs. (Ord. 917, 2-18-2014) R. Brew on premises. S. Brewpub. (Ord. 924, 7-7-2014) A �� t++ •F. oforlinnrn*Hprernm/rMPhnnk/nHntnnv,tnhn ✓T F7/i�R 9/11/2015 Sterling Codifiers, Inc. 11-73-5: PERMITTED ACCESSORY USES: In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in a C-3 district: A. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. B. Fences as regulated by chapter 21 of this title. C. Ground source heat pump systems as regulated by chapter 29 of this title. D. Off street loading as regulated by chapter 20 of this title. c. Off street parking as regulated by chapter 1.9 of this title, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours. F. Satellite TVROs as regulated by chapter 30 of this title. G. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title. H. Sexually oriented uses, accessory. I. Signs as regulated by chapter 23 of this title. J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 110, 5-17-2010) 11-73-7: CONDITIONAL USES: 9/11/2015 Sterling Codifiers, Inc. between the animal boarding tenant and other individual tenant spaces to protect public health and safety. (Ord. 888, 2-21-2012; amd. Ord. 917, 2-18-2014) U. Microdistifleries with tasting rooms. V. Small breweries with taprooms. (Ord. 924, 7-7-2014) 11-73-9: INTERIM USES: In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses in the C-3 district and are governed by chapter 5 of this title: (Ord. 867, sec. 110, 5-17-2010) A. Outdoor service, sale and rental as an accessory use, provided that: 1. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 11-21-9 of this title. 3. Sales area is surfaced with asphalt, concrete or pavers to control dust. 4. The use does not take up parking space as required for conformity to this title. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the city council in accordance with section 11-5-7 of this title. B. Outdoor storage as an accessory use, provided that: 1. Outside storage connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. 2. The storage area is fenced and screened from view of neighboring residential uses, abutting residential districts and the public right of way in compliance with section 11-21-9 of this title. 3. The storage area is surfaced with asphalt, concrete or pavers to control dust. 4. The storage area does not take up parking space as required for conformity to chapter 19 of this title. 420 htlp://www.sterlingcodifiers.com/codebook/printnow.php 701128 9/11/2015 Sterling Codifiers, Inc. Setbacks Front yards 30 feet Rear 10 feet, or 30 feet abutting residential zoned property yards Side yards 10 feet on any 1 side, or 30 feet on the side yard abutting a street or residential zoned property (Ord. 867, sec. 110, 5-17-2010) 11-73-15: BUILDING HEIGHT:. Except as provided for by section 11-17-7 of this title or other requirements, exceptions and modifications set forth in this title, no structure within the C-3 district shall exceed the following height: A. Principal buildings: Three (3) stories or thirty five feet (35'), whichever is less. B. Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 110, 5-17-2010) Chapter 74 C -CBD, COMMERCIAL - CENTRAL BUSINESS DISTRICT 11-74-1: PURPOSE: The purpose of the C -CBD district is to provide specifically for the regulation of high intensity ;ommercial uses located within the central business district. (Ord. 867, sec. 111, 5=17-2010) 11-74-3: PERMITTED USES: A dl hitn•//IAMM/ ctarlinnrnr f1P.r.- rom/rnrlc:hnnk/nrintnow:nho 7.1;/19A 9/11/2015 Sterling Codifiers, Inc. M. Sexually oriented uses, principal. (Ord. 867, sec. 111, 5-17-2010) N. Brew on premises. O. Brewpub. (Ord. 924, 7-7-2014) 11 -74-5: PERMITTED ACCESSORY USES: In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in a C -CBD district: A. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. B. Fences as regulated by chapter 21 of this title. C. Ground source heat pump systems as regulated by chapter 29 of this title. D. Off street loading as regulated by chapter 20 of this title. E. Off street parking as regulated by chapter 19 of this title, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours. F. Satellite TVROs as regulated by chapter 30 of this title. G. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title. H. Sexually oriented uses, accessory. Aaa hffn•/hennnni ctarHnnenriifiarc corn/cnrlahnnk/nrintnow.oho 77/128 9/11/2015 Sterling Cddifiers, Inc. I. Signs as regulated by chapter 23 of this title. J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 111, 5-17-2010) 11-74-7: CONDITIONAL USES: In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in a C -CBD district and require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title. A. Auto repair, minor provided that: 1. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city engineer. 2. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. 3. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 4. No outside storage except as allowed in compliance with this chapter. 5. Sale of products other than those specifically mentioned in this section be subject to a conditional use permit and, be in compliance with this section. 6. All conditions pertaining to a specific site are subject to change when the city council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. B. Automobile repair, major provided that: All building materials and construction including those of accessory structures must be in conformance with section 11-17-9 of this title. 2. Not less than twenty five percent (25%) of the lot, parcel or tract of land shall remain as 9/11/2015 Sterling Codifiers, Inc. h. All state health department and Minnesota pollution control agency requirements for such facilities are met. (Ord. 867, sec. 111, 5-17-2010) U. Microdistilleries with tasting rooms. V. Small breweries with taprooms. (Ord. 924, 7-7-2014) 11-74-9: INTERIM USES: In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses in the C -CBD district and are governed by chapter 5 of this title: (Ord. 867, sec. 111, 5-17-2010) A. Outdoor service, sale and rental as an accessory use, provided that: 1. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 11-21-9 of this title. 3. Sales area is surfaced with asphalt, concrete or pavers to control dust. 4. The use does not take up parking space as required for conformity to this title. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the city council in accordance with section 11-5-7 of this title. B. Outdoor storage as an accessory use, provided that: 1. Outside storage connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. 2. The storage area is fenced and screened from view of neighboring residential uses, abutting residential districts and the public right of way in compliance with section 11-21-9 of this title. 3. The storage area is surfaced with asphalt, concrete or pavers to control dust. 4. The storage area does not take up parking space as required for conformity to chapter 19 of this title. http://www.sterlingeodifiers.com/codebooklprintnow.php 88/128 9!11!2015 Sterling Codifiers, Inc. 11-74-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in a C -CBD district subject to additional requirements, exceptions and modifications set forth in this title: Lot area None Lot width None Setbacks None except where a lot zoned C -CBD fronting onto a street other than Holyoke Avenue abuts a residential zoned property along a common side lot line then the front yard setback shall be 20 feet and the side or rear yard setback abutting any residential zoned property shall be 30 feet (Ord. 897, 12-3-2012) 11-74-17: BUILDING HEIGHT: Except as provided for by section 11-17-7 of this title or other requirements, exceptions and modifications set forth in this title, no structure within the C -CBD district shall. exceed the following height: A. Principal buildings: Three (3) stories or thirty five feet (35'), whichever is less. B. Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 111, 5-17-2010) Chapter 75 O.P. OFFICE PARK DISTRICT 11-75-1: PURPOSE: The purpose of the O -P district is to provide for the establishment of business offices, wholesale showrooms, and related uses in an environment which provides a high level of ...... —4;41 ,rn—/nnriohnnWnrinfnmAi nhn A J \ qQ119,9 9/11/2015 Sterling Codifiers, Inc. amenities, including landscaping, preservation of natural features, architectural controls, pedestrian trails, and other features. (Ord. 867, sec. 112, 5-17-2010) 11-75-3: PERMITTED USES: In addition to other uses specifically identified elsewhere in this title, the following uses are permitted uses in an O -P district: A. Commercial printing establishments. B. Conference centers. C. Governmental and public utility buildings and structures; city of Lakeville only. D. Hotels. (Ord. 867, sec. 112, 5-17-2010) E. Reserved. (Ord. 924, 7-7-2014) F. Laboratories, research and development facilities. G. Office businesses. H. Radio and television stations. I. Trade and postsecondary schools. J. Wholesale showrooms. (Ord. 867, sec. 112, 5-17-2010) httn•//w jwStarlinnrndifier.-.rom/codebook/nrintnow.nhn 9,5/198 9/11/2015 Sterling Codifiers, Inc. K. Light manufacturing that does not generate exterior smoke, dust, odor, fumes or noise emissions and is less than fifty percent (50%) of the principal building floor area. (Ord. 897, 12-3-2012) L. Data centers. (Ord. 917, 2-18-2014) M. Microdistilleries with or without tasting rooms. N. Small breweries with or without taprooms. (Ord. 924, 7-7-2014) 11-75-5: PERMITTED ACCESSORY USES:. In addition to other uses specifically identified elsewhere in this title, the following are permitted accessory uses in the O -P district: A. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use. B. Fences as regulated by chapter 21 of this title. C. Ground source heat pump systems as regulated by chapter 29 of this title. D. Off street loading as regulated by chapter 20 of this title. E. Off street parking as regulated. by chapter 19 of this title, but not including semitrailer trucks, except in designated loading areas not to exceed four (4) hours. F. Satellite. TVROs as regulated by chapter 30 of this title. aa� 9/11/2015 Sterling Codifiers, Inc. G. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title. H. Sexually oriented uses, accessory. I. Signs as regulated by chapter 23 of this title. J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 112, 5-17-2010) 11-75-7: CONDITIONAL USES. In addition to other uses specifically identified elsewhere in this title, the following are conditional uses in an O -P district and require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title. A. Commercial recreation facilities, provided that: 1. The architectural appearance and function plan of the building and the site shall be designed with a high standard of architectural and aesthetic compatibility with surrounding properties. Building materials, orientation, colors, height, roof design, lighting, signage and site landscaping shall be designed to complement the surrounding properties and demonstrate potential reuse as allowed in this district. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious exterior finish treatment. 2. A commercial recreational use shall not be located within a shared tenancy building containing a use classified as an "H" occupancy as defined by Minnesota state building code, as may be amended. 3. In multiple -occupancy buildings, a material safety data sheet (MSDS) shall be required identifying all materials stored or used in the operation of the tenant businesses. Any change in building tenants shall require that the MSDS be updated and provided to all other tenants in the multi -tenant building. 4. A commercial recreational use in a shared tenancy building shall have its own exterior entrance and exit. 5. The site must be accessed via a collector street. Vehicular access points shall create a http://wows.sterlingcodifers.com/Codebook/printnow.php 97/128 9/11/2015 Sterling Codifiers, Inc. (1) Water connection: A shutoff valve for each individual unit shall be provided. (2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners. J. Personal wireless service antennas not located on an existing structure or tower as regulated by chapter 30 of this Title. - K. Warehousing and self -storage facilities, provided that: 1. The proposed use is not a waste facility. (Ord. 867, sec. 112, 5-17-2010) L. Light manufacturing that is fifty percent (50%) of the principal building floor area or greater, provided that: 1. The use does not generate exterior smoke, dust, odor, fumes or noise emissions. 2. The use shall comply with all applicable exterior building materials and landscaping requirements of the 0-P district. 3. There shall be no outdoor storage allowed as a principal or accessory use. 4. The proposed use is not a waste facility as regulated by this code. (Ord. 897, 12-3-2012) M. Breweries and small breweries with or without taprooms. N. Distilleries and microdistilleries with or without tasting rooms. (Ord. 924, 7-7-2014) 11-75-9: INTERIM USES: In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses in the O -P district and are governed by ,hapter 5 of this title: A. Accessory, enclosed temporary (exceeding 30 days) retail, rental, or service activity other than that allowed as a permitted use or conditional use within this section, provided that: 9/11/2015 Sterling Codifiers, Inc. (Ord. 888, 2-21-2012) 11-86-15: BUILDING HEIGHT: (Except as provided for by section 11-17-7 of this title or other requirements, exceptions and modifications set forth in this title, no structure within the 1-1 district,shall exceed the following height: (Ord. 867, sec. 114, 5-17-2010) A. Principal buildings: Four (4) stories or forty five feet (46), whichever is less. (Ord. 888, 2-21- 2012) B. Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 114, 5-17-2010) Chapter 87 1.2, GENERAL INDUSTRIAL DISTRICT 11-87-1: PURPOSE: The purpose of the 1-2 district is to provide for the establishment of heavy industrial and manufacturing development land use which, because of the nature of the product or character of activity, requires isolation from residential and retail -service commercial uses. (Ord. 867, sec. 115, 5-17-2010) 11-87-3: PERMITTED USES: http://www.sterlingcodifiers.com/codebook/printnow.php A3 117/128 Rear 30 feet, or 50 feet on the yard abutting residential zoned property UU yards Side 10 feet on any one side, or 30 feet on the side yard abutting a street. Side yards yards abutting residential zoned property, not less than 50 feet on the side yard abutting the residential zoned property (Ord. 888, 2-21-2012) 11-86-15: BUILDING HEIGHT: (Except as provided for by section 11-17-7 of this title or other requirements, exceptions and modifications set forth in this title, no structure within the 1-1 district,shall exceed the following height: (Ord. 867, sec. 114, 5-17-2010) A. Principal buildings: Four (4) stories or forty five feet (46), whichever is less. (Ord. 888, 2-21- 2012) B. Accessory buildings: As regulated by subsection 11-18-9C of this title. (Ord. 867, sec. 114, 5-17-2010) Chapter 87 1.2, GENERAL INDUSTRIAL DISTRICT 11-87-1: PURPOSE: The purpose of the 1-2 district is to provide for the establishment of heavy industrial and manufacturing development land use which, because of the nature of the product or character of activity, requires isolation from residential and retail -service commercial uses. (Ord. 867, sec. 115, 5-17-2010) 11-87-3: PERMITTED USES: http://www.sterlingcodifiers.com/codebook/printnow.php A3 117/128 9/11/2015 Sterling Codifiers, Inc. K. Truck/car washes (automatic mechanical drive-through only) as an accessory use associated with a truck stop, provided: 1. The accessory car/truck wash must be on the same parcel of record as the truck stop. 2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash stall and shall be subject to the approval of the city engineer. 3. Magazine or stacking space must not interfere with on site circulation patterns or required on site parking or loading areas. 4. Parking or car/truck magazine storage space shall be screened from view of abutting residential districts in compliance with section 11-21-9 of this title. 5. The location and operation of vacuum machines must not interfere with magazines or stacking areas, on site circulation or on site parking and loading areas. 6. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with vacuum machines. Additionally, the garage doors must remain closed during the operation of the car/truck wash. 7. Untreated water from the car/truck wash shall not be discharged into the storm sewer. If the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official. 8. All of the provisions as outlined in section 11-37-7 of this title must be satisfied. L. Truck stops, as regulated by chapter 37 of this title. (Ord. 867, sec. 115, 5-17-2010) M. Taprooms accessory to a brewery or small brewery.. N. Tasting rooms accessory to a distillery or microdistillery. (Ord. 924, 7-7-2014) 11-87-9: INTERIM USES: In addition to other uses specifically identified elsewhere in this title, and subject to applicable provisions of this title, the following are interim uses in the 1-2 district and are governed by chapter 5 of this title: A3 http:/Mww.sterlingcodifiers.com/Codebook/printnow.php 124/128 �z . �to LoWf F § 36-243 I-P INDUSTRIAL PARD DISTRICT j. Each business shall display a sign on its main entrance door which reads: "This business sells sexually-oriented material or entertainment. Persons under the age of 18 are prohibited from entering." The sign letters shall be a minimum of two j� inches high. V \ k. No business licensed under this subsection may have a license under chapter 3 of this Code, and no alcoholic beverages may be consumed in the business. 1. No business shall exceed 10,000 square feet in gross floor area. M. No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. n. Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience,. and shall perform on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. o. No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this subsection (c)(8)o. do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms or offices are used solely for running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices. p. The business owner, manager or employee shall ensure that no person under the age of 18 years enters the business. (9) Medical, optical and dental laboratories. No direct delivery of health-related examination, services or treatment to customers on an appointment or walk-in basis. (10) Catering. The conditions are as follows: a. All outdoor activities such as loading and unloading shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers, and where possible shall be located on the side of the building farthest from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. b. The applicant must sign a statement acknowledging and agreeing to abide with all of the applicable performance standards and other regulations of this chapter. (11) Brewery. The conditions are as follows: a. The brewery shall not produce more than 3,500 barrels of malt liquor per year. b. Up to 15% of the gross floor area of the Brewery may be used for any combination of retail and a taproom. (Ord. No. 2418-12, 9-14-12) (d) Uses permitted by conditional use permit. No structure or land in an I -P district shall be used for the following uses except by conditional use permit. These uses shall comply with the industrial restrictions and performance standards of section 36-242 and all of the general conditions provided in section 36-33 regarding conditional use permits, and with the specific conditions imposed in this subsection. (Ord. No. 2419-12, 9-14-2012) Supp. No. 23 (01-13) 36:198 St. Louis Park Zoning Code A3� BUSINESS PARK DISTRICT REGULATIONS § 36-233 (b) Permitted uses. The following uses with a floor area ratio (FAR) of less than 1.0 are permitted in the BP district: (1) Banks. (2) Business / trade school. (3) College / University. (4) Libraries. (5) Medical and dental office or laboratory. (6) Museums/art galleries. (7) Offices. (8) Parks and open spaces. (9) Parks and recreation. (10) Police and fire stations. (11) Research and Development. (12) Transit stations. (c) Uses permitted with conditions. A structure or land in any BP district may be used for one or more of the following uses if it has a floor area ratio (FAR) of less than 1.0 and complies with the performance standards as stated in Section 36-232 and the conditions stated below: (1) Adult day care. The conditions are as follows: a. The use must have a minimum of 150 square feet of outdoor area per adult under care dedicated to outdoor activity or be within'/4 mile of a city park. (2) Brewery. The conditions are as follows: a. The brewery shall not produce more than 3,500 barrels of malt liquor per year. b. Up to 25% of the gross floor area of the Brewery may be used for any combination of retail and a taproom. (Ord. No. 2418-12, 9-14-12) (3) Catering. The conditions are as follows: a. Any exhaust system venting to the outdoors shall be located away from residential areas. b. Outside storage of catering vehicles or associated equipment is prohibited. (4) Communication antennas. The conditions are as follows: a. Antennas must be attached to an existing structure. b. Antennas shall be subject to all provisions of Section 36-368, "Communication Towers and Antennas". Supp. No. 29 (12-14) 36:192.3 St. Louis Park Zoning Code N10 9/11/2015 Sec. 50-3. -Permitted uses other than street level of Water Street and all i . e San[ I QWdsiorMunicode Libr... pec. -,)u-/4. - vermircea accessory uses. Sec. 50-5. - Conditional uses. modified Sec. 50-6. -'Interim uses. 5Xce� for Sec. 50-7. -Uses by administrative permit. LctV19ua9e .�pf ck11 o*ey- 4&sihess Sec. 50-8. - Lot requirements and setbacks. Ais-kVk4-S is +pita Sawe- GS Sec. 50-9. - Design standards. w%1PkV5 MCkul.ck-eA M A -WS Sec,-KtV-\ ARTICLE 50. - B-1, CENTRAL BUSINESS DISTRICT %�8� Sec. 50-1. - Purpose. r.% 4; (a) To encourage retail establishments offering goods and services to the general public on the street level of Water Street. (b) To provide for retail sales and service establishments in a compact, pedestrian oriented area for the convenience of the public, and for fostering mutually beneficial relationships among the business establishments. (c) To minimize negative impacts upon surrounding residential neighborhoods by limiting the uses permitted. (d) To exclude highway/auto oriented businesses which would disrupt the desired compact, pedestrian character of the B-1 District and neighborhood stability. (e) To provide adequate and conveniently located parking in public lots. (f) To minimize traffic congestion within the B-1 district and within surrounding residential areas. (g) To promote high standards of building and site design which will foster compact commercial developments with pedestrian convenience and human scale, and which will preserve and strengthen the historic character of the B-1 district. (Ord. No. 379, 8-2-2004) Sec. 50-2: - Street level permitted uses—Water Street only. Modified i% B The following are the permitted principal uses at street level on Water Street in the 13- 1 district. Each individual business fronting on Water Street at street level is required to be a permitted principal use. All existing uses on Water Street that conform to the list found below cannot be converted to a non -conforming use unless in compliance with the provisions of this section. All new construction or expansion of over 25 percent of the space must also conform to the uses in sections 50-2(1) through 50-2(11) below: (1) Retail customer service offices only of banks, savings institutions, credit unions. hftps:/Mww.municode.com/library/mn/excelsior/codes/code of ordinances?nodeld=PTIICOOR APXEZO CEBUDI_S50-3PEUSOTSTLEI ASTALO... 5/12 9/11/2015 Sec. *3. -Per ed q&es oth .than sWvA'fell oKyatar,Sbeet ft all other areas—B 1 district. I Code of Ordinances Excelsior, MN I Municode libr... ;; Anc oVf fi_ 'i i ins00ighs one of these uses are allowed for office use only. (2) Restaurants, cafes, tea rooms, bakeries, taverns, on and off sale liquor, and convenience food establishments without a drive-in facility. (3) . Retail sales. (4) Commercial services uses if the service generates substantial walk-in traffic, such as including but not limited to, retail salons, tailors, and barber shops. Commercial service uses shall not include learning, teaching, tutoring, or therapeutic learning services, or schools for music, dance, business or vocation, real estate or law offices. After review by the planning commission and approval by the city council, additional commercial service uses may be permitted if those uses promote some or all of the following: a. Excelsior as a retail destination. b. Substantial walk-in traffic. c. Use of advertisement to encourage retail traffic. d. Businesses open during retail hours from 9:00 am to 9:00 pm and weekends. e. Typical uses found in shopping malls. (5) Theaters, excluding drive-in type of service. (6) Retail rental of goods conducted entirely within a building. (7) Retail repair services such as jewelry and electronic appliance repair shop, but not auto repair. (8) Pet shops when all activities are contained entirely within a building. (9) Retail computer services and printing. (10) Artistic and handicraft uses, including but not limited to artist studios, ceramic shops, pottery works, candle making, light metal works, etc., provided at least 50 percent of the total floor space at the front one-half of the building is used for sales and display purposes. (11) Parks (12) Public libraries (Ord. No. 461, § 1, 11-1-2090) Sec. 50-3. - Permitted uses other than street level of Water Street and all other areas—B-1 district. „% ®__.._.�. The following are permitted uses at other than street level and fronting on Water Street and in all other areas of the B-1 district: (1) All of the permitted uses found in section 50-2 of this Appendix E. (2) Government and public utility buildings. (3) Office business (general) and office businesses (clinical). (4) Dwellings if located above street level.�� IS) I nrlgPS. hffos://www.municode.com/library/mn/excelsior/codes/code of ordinances?nodeld=PTIICOOR_ APXEZO ART50CEBUDI S50-3PEUSOTSTLEWASTALO... 6112 9/11/2015 Ser. 50-3. - Permitted uses other than street level of Water Street and all other areas—B-1 district. i Code of Ordinances i Excelsior, MN I Municode Ubr... (6) Learning, teaching, tutoring, or therapeutic learning services, or schools for music, dance lessons or vocation. (7) Motels, hotels, and bed and breakfast facilities as regulated by article 32 of this Appendix E. (8) Artistic and handicraft uses provided at least 25 percent of the total floor space at the front of the building of the street level is used for sales and display purposes. At other than street level, there is no minimum requirement for sales and display areas. Artist and handicraft uses shall including the following: a. Artist studios. b. Ceramic studios. c. Pottery works. d. Candle making. e. Light metal works. (Ord. No. 454, § 1, 4-5-2090) Sec, 50=4. - Permitted accessory uses. In addition to other uses specifically accessory within this district that are identified elsewhere in this Appendix E, the following are permitted accessory uses in a B-1 district: (1) Accessory uses incidental and customary to uses allowed as permitted, conditional, interim, and administrative permits in this Appendix E. (2) Essential services as provided for. in article 26 of this Appendix E. (3) Fences as regulated by article 21 of this Appendix E. (4) Signs as regulated by article 24 of this Appendix E. (5) Off-street parking and off-street loading as regulated by articles 19 and 20 of this Appendix E. (6) Keeping of animals subject to article 33 of this Appendix E and chapter 6 of the Code. (7) Adult use accessory, subject to the requirements of chapter 10, article XII of the Code provided that any such use shall be prohibited from both internal and external advertising and signing of adult materials and products. (8) Radio and television receiving antennas including single satellite dish TYRO one meter or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio structures and television receivers, as regulated in article 29 of this Appendix E. (9) Any incidental repair or processing necessary to conduct a permitted principal use; however, such accessory use shall not occupy more than 50 percent of the floor area nor more than 50 percent of the gross man hours required to conduct .the permitted principal use. J� 10 Electronic amusement device or game where the rinci al use is a restaurant, ( ) g P p t,*nc•l6nnnnnt munirnria rnmAihrary/mnlaYcalcinrlrrnriacicnria of orriinancac?nnrlelri=PTll(;nnR APXF7n ARTFin( FRI lnl S5fl-3PFI IAOTSTI RAfA.qTAi n 9/11/2015 Sec. 50-3. - Permitted uses other than street level of Water Street and all other areas—B-1 district. I Code of Ordinances I Excelsior, MN I Municode Libr... cafe, tea room, or liquor store. Private clubs are not to be restricted in the number of devices permitted. (11) Outdoor sidewalk cafes as regulated by article 37 of this Appendix E. Sec. 50-5. - Conditional uses. Modified In addition to other uses specifically conditional within this district that are identified elsewhere in this Appendix E, the following are conditional uses in a B-1 district and require a conditional use permit based upon procedures set forth in and regulated by article 4 of this Appendix E. Additionally, besides the specific standards and criteria what may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 4- 3(5) of this Appendix E. (1) Operation of rail transit systems. a. Th.e hours of operation shall be limited to 6:00 a.m. to 11:00 p.m., unless extended by the city council as part of the conditional use permit. b. Provisions are made to control and reduce noise in accordance with section 16-9 of this Appendix E. (2) Public or private parking facilities as a principal use as regulated by article 19 of this Appendix E. (3) More than one principal building on a base lot. (4) All transmission pipelines and overhead transmission and substation lines in excess of 35 KV and up to 100 KV, subject to the provisions of article 26 of this Appendix E. (5) Day care and preschool facilities as a principal or accessory use as regulated by article 30 of this Appendix E. (6) Personal wireless antennas not located upon an existing structure as regulated by article 29 of this Appendix E. (7) Motor fuel stations, existing upon the date of this Appendix E, with or without additional retail sales within the principal building. No minor or major auto repair shall be allowed. a. Motor fuel stations and retail uses existing upon February 9, 2003, may remain in place and shall be allowed to continue at the size and in the manner of operation existing upon such date except as hereinafter specified. b. When there is any change in the system for dispensing fuel, which has the effect of changing the number of vehicles to be simultaneously served on the property, all of subsection 51-4(8) of this Appendix E must be met in full. c. When the building footprint is increased, then all of subsection 51-4(8) of this Appendix E shall be met in full. d. When any structure used to provide cover or protection from the elements for customers at the fuel dispensers is constructed, then all of subsection 51- 4(8) of this Appendix E must be met in full. �ts ?=PTIICOOR APXEZO ART50CEBUDI_S50-S508/12 r,trnq-/nArwwmimirrxia.ccmnibrary/mn/excelsior/codes/code of ordinances.nodeld 9/11/2015 Sec. 50-3. -Permitted uses other than street level of Water Street and all other areas—B-1 district. I Code of Ordinances I Excelsior, MN 1 Municode ubr... (8) Car washes; as an accessory use to an existing motor fuel station. a. The accessory car wash must be attached to the convenience store/motor fuel sales facility. b. Stacking space is constructed to accommodate six vehicles per wash stall and •shall be subject to the approval of the city engineer. c. Stacking space must not interfere with on-site circulation patterns or required on-site parking or loading areas. d. Parking or vehicle stacking space shall be screened from view of abutting residential districts in compliance with article 21 of this Appendix E. e. Provisions are made to control and reduce noise and special precautions shall be taken to limit the effects of noise associated with the car wash operation, dryer and vacuum machines. The vehicle wash doors must remain closed. during the entire operation cycle of the vehicle wash and dryer. f. The location and operation of vacuum machines must not interfere with magazines or stacking areas on-site circulation or on-site parking and loading areas, and may not be located in a yard abutting residentially zoned property. g. Untreated water from the car wash shall not be discharged into the storm sewer. if the water is to be pretreated and discharged into the storm sewer, the pretreatment plans shall be subject to review and approval of the city engineer and building official, and subject to applicable requirements of Metropolitan Council Environmental Services and MPCA. (9) Microbrewery, micro -distillery and micro -winery. a. The brewer shall obtain a license from the commissioner of public safety to brew 15,000 barrels of malt liquor peryear, obtain approval of the commissioner of public safety and be issued a license by the city for off -sale of malt liquor. b. All conditions for a brewer off-sale,malt liquor license as specified in chapter 4, article 11, division 2, and section 4-72 of the Code are complied with. c. Microbrewery, micro -distillery and micro -winery operation hours shall be limited to the hours specified in Minn. Stats. chapter 340A for off -sale intoxicating liquor unless further limited by the city council as part of the conditional use permit. d. A microbrewery, micro -distillery and micro -winery located at the street level of Water Street shall provide at least 50 percent of the total floor space at the front one-half of the building to be used for sales, tasting, or restaurant purposes. e. Where a microbrewery, micro -distillery and micro -winery abut residentially zoned property, a buffer yard of not less than 20 feet wide for buildings and ten feet wide for parking areas shall be landscaped and screened in compliance with article 21 of this Appendix E. f. Vehicular access points shall create a minimum conflict with through traffic movement, shall comply with article 19 of this Appendix E, and shall be subject to the approval of the city engineer. ,J'W Cr Tha Arrhitarti iril Annaaranra crala And fi Inrtinnal nlan of tha cite anti F,fF.,..•/A.nxn.. --i-4. rnm/li hrnrii/mn/curcleinr/r,vlac/rnrla of nrAnanrac?nMPJri=PT11('.00P AP)(F70 APTFn(r.PRl inn q.rfi.PFI I.qnTSTI RAIASTAI n 0119 9/11/2015 Sec. 50-3. - Permitted uses other than street level of Water Street and all other areas—B-1 district. I Code of Ordinances I Excelsior MN I Municode Libr... building is in character with existing downtown, commercial area or neighborhood buildings, the city comprehensive plan, and the design standards. h. All performance standards related to sec. 16-6, smoke; sec. 16-7, dust and other particulate matter; sec. 16-8, air pollution; sec. 16-9, noise; sec. 16-10, odors; sec. 16-11, vibration; sec. 16-13, waste; of this Appendix E shall be compiled with. L All lighting shall be designed in such a way as to have no direct source of light visible from adjacent land in residential use and shall be in compliance with section 16-5 of this Appendix E. j. All signage shall be in conformance with article 24 of this Appendix E. k. All parking shall be in conformance with article 19 of this Appendix E. I. The building and site will comply with all setbacks, building heights, impervious surface and other requirements in section 45-7 of this Appendix E. m. The development shall comply with all other conditions as set forth by the city to mitigate any undue negative influence on all surrounding residential properties. (Ord. No. 470, §3, 8-1-2011) Sec. 50-6. - Interim uses. % In addition to other uses specifically permitted interim this district that are identified elsewhere in this Appendix E, the following are interim uses in a B-1 district based upon procedures set forth in and regulated by article 5 of this Appendix E: (1)' Satellite TVROs greater than one meter and less than three meters in diameter as regulated by article 29 of this Appendix E. (2) VVECS, as regulated by article 28 of this Appendix E. Sec. 50-7. - Uses by administrative permit. In addition to other uses specifically allowed by administrative permit within this district that are identified elsewhere in this Appendix E, and subject to applicable provisions of this section, performance standards established by this Appendix E, and processing requirements of article 8 of this Appendix E, the following are uses allowed in a B-1 district by administrative permit as may be issued by the zoning administrator: (1) Temporary structures as regulated by article 27 of this Appendix E. (2) All telephone lines, pipelines, and structures for local distribution, underground transmission lines, and overhead transmission lines of 35 KV or less, as regulated by article 26 of this Appendix E. hffn IlIAA nMmitnirnriPemmllihrary/mn/axralsinr/nodes/rode of ordinances?nodeld=PTIICOOR APXEZO ART50CEBUDI S50-3PEUSOTSTLEWASTAL... 10112 9/11/2015 Sec. 50-3.; Permitted uses other than street level of Water Street and all other areas—B-1 district. I Code of Ordinances I Excelsior, MN I Municode Libr... (3) Personal wireless service antennas located upon a public or quasi public structure or existing tower, as regulated by article 26 of this Appendix E. (4) Personal wireless service antennas, located upon a temporary mobile tower as regulated by article 26 of this Appendix E. (5) Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use provided that: a. The area so occupied shall not exceed ten percent of the principal building. b. No storage or overnight display of merchandise shall be permitted in required rear, side, front yards, or parking areas and shall be limited to the area of the customer entrances. Sec. 50-8. - L®t requirements and setbacks. % B The following minimum requirements shall be observed in a B-1 District subject to the following additional requirements, exceptions, and modifications set forth in this Appendix E: NOTES: Setback as specified unless off-street loading facilities are provided other than from an alley in accordance with article 20 of this Appendix E. 2 Building height exceptions are found in section 17-4 of this Appendix E. 3 Impervious surface coverage requirements of the Shoreland Management District are found in article 60 of this Appendix E. Sec. 50-9. - Design standards. A41 hffn-•/!AAAA mi inirnria rnm Aihrary/mn/axralcinr/rrxiac/rnrif. of nrfiinanra¢7nrxlaifi=PTll( nnR APXF70 ART..r)n(; FRI In 1 S.rn- PFI 1S()TSTI FWASTAI 11119 All Lots Lot Area I None Specified Lot Width/Frontage None Specified Front Yard Setback None Specified Side Yard Setback I None Specified Rear Yard 12 feet Building Height 2 35 feet Impervious Surface Coverage Maximum 3 100% NOTES: Setback as specified unless off-street loading facilities are provided other than from an alley in accordance with article 20 of this Appendix E. 2 Building height exceptions are found in section 17-4 of this Appendix E. 3 Impervious surface coverage requirements of the Shoreland Management District are found in article 60 of this Appendix E. Sec. 50-9. - Design standards. A41 hffn-•/!AAAA mi inirnria rnm Aihrary/mn/axralcinr/rrxiac/rnrif. of nrfiinanra¢7nrxlaifi=PTll( nnR APXF70 ART..r)n(; FRI In 1 S.rn- PFI 1S()TSTI FWASTAI 11119 9/11/2015 Sec. 50-3. -Permitted uses other than street level of Water Street and all other areas—B-1 district. i Code of Ordinances i Excelsior, MN i Municode bbr... r The following design standards shall apply in a B-1 district: (1) Except for public parking lots, no parking areas shall be located within 50 feet of Water Street unless screened by a building. (2) Drive-in, drive -up, or drive-through facilities shall be prohibited unless otherwise provided for in this article. (Ord. No. 392,11-21-2005) hffnsl/www.municode.comAibrary/mrVexcelsior/codes/code of ordinances?nodeld=PTIICOOR APXEZO ART50CEBUDI S50-3PEUSOTSTLEWASTAL... 12212 l CITY OF WAYZATA HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 746 AN ORDINANCE AMENDING WAYZATA'S ZONING ORDINANCE TO ALLOW MICRO -PRODUCTION FACILITIES AND TAPROOMS/TASTING ROOMS AS CONDITIONAL USES THE CITY OF WAYZATA ORDAINS: 1.1 In accordance with the Report and Recommendation of the Wayzata Planning Commission dated July 21, 2014, the City Council of the City of Wayzata, hereby amends Chapter 801 of the City Code as follows: A. Section 801.02.2 (Definitions), is amended to include the following new definitions: Micro -production Facility: A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption. Micro -production facilities include breweries, brewpubs, . wineries, and distilleries. Taproom (Brewery): An area for the on -sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery. A taproom may also include. sale for off -premises consumption of malt liquor produced at the brewery location or adjacent taproom and owned by the brewery for off -premises consumption, packaged subject to Minnesota Statutes 340A.301, subdivision 7(b), or its successor. Tasting Room (Winery/Distillery): An area for the on -sale consumption of distilled spirits or wine produced on the premises of one winery or one distillery and in common ownership to the producer of the wine or distilled spirits. Growler: A specially designed sixty four (64) ounce beer container for exclusive off -sale of micro -production facility beer. A growler shall have the following packaging requirements: i. Growlers shall bear a twist -type closure, cork, stopper or plug. ii. At the time of sale, paper or plastic adhesive band, strip, or sleeve shall be applied to the container and extended over the top of the closure, forming a seal. iii. The growler and/or band, strip or sleeve shall bear the name and address of the brewer, and the container shall be identified as' malt liquor, contain the name of the malt liquor, and shall be considered intoxicating liquor unless labeled otherwise. Malt Liquor: Any beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Distillery: A facility that produces Ethyl Alcohol, hydrated oxide of ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non -industrial use. A distillery may include a tasting room. Winery: A facility operated by the owner of a Minnesota farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota. A winery may include a tasting room. Brewery: A facility that produces for sale beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. A brewery may include a taproom. Brewpub: A Brewery that operates a restaurant on the same premises as the Brewery, whose malt liquor production per calendar year may be limited by Minnesota State Statute. B. Section 801.20.15. (Off -Street Parking and Loading), is amended to include the following off-street parking and loading requirements: GG. Micro -production Facility: One (1) space for each 1,000 sq. ft. of floor area. HH. Taproom/Tasting Room: One (1) space for each forty (40) sq. ft. of floor area. II. Brewpub: One (1) space for each 1,000 sq. ft. of Micro -brewery production floor area; one (1) space for each forty (40) sq. ft. of floor area of dining and bar area; and one (1) space for each eighty (80) sq. ft. of kitchen area. C. Section 801.76.5. (C-2 Shopping Center Business District); Section 801.77.5. (C- 3 Service Commercial District); Section 801.78.5'. (C-4 Central Business District); Section 801.79.5. (C -4A Limited Central Business District); and Section 801.80.5. (C -4B Central Business District) are amended to include the following conditional use: h4a Micro -production facility, provided that: 1. Licensing. The owner of the micro -production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro -production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); winery license; and/or a distiller's license from the State of Minnesota, according to Minnesota Statutes Section 340A. 2. Taproom/Tasting Room License. An accessory taproom or tasting room for the on -sale of beer, wine, or spirits produced on-site shall require a taproom/tasting room license from the City of Wayzata, according to City Code Section 524.02. 3. Off -sale. On-site sale of beer in the form of growlers shall require a Brewery License for Off -Sale of Malt Liquor, according to City Code Section 524.02. On-site sale of wine or spirits, other than samples as governed under Minnesota State Statutes, shall be prohibited. 4. Production of Beer. Total production of malt liquor shall not exceed 5,000 barrels annually. Micro -production Facilities with a taproom license shall not exceed 3,500 barrels annually, and only 500 barrels may be sold off -sale as growlers. Any micro -production facility operating as a brewery shall annually submit production reports to the City with the request to renew a brewery taproom or off -sale malt liquor license. 5. Production of Wine. Total production of wine shall not exceed 50,000 gallons annually. Any micro -production facility operating as a winery shall annually submit production reports to the City with the request to renew a tasting room or winery license. 6. Production of Spirits. Total production of spirits shall not exceed 40,000 proof gallons annually. Any micro -production facility operating as a distillery shall annually submit production reports to the City with the request to renew a tasting room or distillery license. 7. Off-street Loading. The micro -production facility shall provide adequate space for off-street loading and unloading of all trucks greater than twenty two (22) feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public rights of ways, including regulating the number of trucks per day and the hours that deliveries are permitted. A sa 8. Outdoor Storage. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residentially zoned properties. 9. Odors. No odors from the micro -production facility shall be perceptible beyond the property line. The micro -production facility operator shall take appropriate measures to reduce or mitigate any odors generated fiom the operation and be in compliance with any applicable Minnesota Pollution Control Standards. 16. Waste. Waste products shall be disposed of in a timely manner and in such a way to reduce odors. 11. Exterior Lighting. All exterior lighting shall be designed in such a way as to have no direction source of light visible from adjacent property, and shall comply with the requirements of Section 801.16.6 of the Wayzata Zoning Ordinance. 12. Parking. Parking supply shall be provided on-site or through off-site arrangement, to avoid street parking on residential streets. Off-site or reduced parking supply shall require separate approval per the requirements of Section 801.20 of the Wayzata Zoning Ordinance, as applicable. 13. Hours of Operation. Micro -production facility operation hours shall be limited to the hours specified in Minnesota Statues Chapter 340A for off -sale intoxicating liquor unless further limited the City Council as part of a Conditional Use Permit. 14. Other Provisions. The provisions of Section 801.04.2.F of the Wayzata Zoning Ordinance, pertaining to Conditional Use Permit criteria, are considered and satisfactorily met. A micro -production facility shall meet all other applicable performance standards and design requirements in the Wayzata Zoning Ordinance. 1.2 This Ordinance shall become effective upon its passage and publication. Adopted this 16th day of September, 2014. AS- Hopkins City Code (Zoning) .A M Section 535 - Zoning: business districts 535.01 (Revised 8-29-13) 535.01. Business districts. Subdivision 1. Description. The business (B) districts are in four categories designated as B-1, B-2, B-3, and B-4. (Amended Ord. 05-951) Subd. 2. The permitted uses of any land or structure in a B district are those uses indicated by the mark "X" and shall be further subject to those certain special limitations, requirements and regulations pertaining to those B district uses specially designated by the following marks: (1), (2), (3), (4) and (5). (Amended Ord. 07- 990) (1) means that the use is prohibited on the ground floor; (2) means that a conditional use permit is required; (3) means not more than three devices allowed; (4) means that the use is limited to 5,000 square feet per business; (Amended Ord. 05-951) (5) means that the use is not allowed within 500 feet of a public park, public or private school, church, daycare, nor the Hopkins Center for the Arts. (Added Ord. 07-990) Subd. 3. Capital letters following any "X" mark indicate that the use or uses permitted are subject to and are set forth in the provisions of separate paragraphs contained in Subsection 535.03, which corresponds to the capital letter or letters set forth in this subsection. The permitted use upon any land or in any structure in a B district is considered the principal use. (Amended Ord. 639) (Amended Ord. 96-787) (Amended Ord. 05-951) PERMITTED USES B-1 B-2 B-3 B-4 1. Adult day care (Added Ord. 13-1064) (2)XE (2)XE (2)XE (2)XE 2. Adult-oriented business, as X X governed and regulated by Chapter 1165 of the City Code. (Amended 95-762) 3. Airport X X 4. Amusement device (3)XBB (3)XBB XBB 5. Appliance store (Amended Ord.06-977) X X (2)XFF 6. Art shops - pictures X X X 7. Auction - public or private (1)X X 8. Auto repair X 9. Auto accessory and parts (1)X X 10. Auto sales and/or lease (2)XA 11. Auto wash subject to permit X 12. Armory, auditorium, exhibit hall (2)XB (2)XB 13. Bakery X X X 14. Banks, savings and loan X (2)XV X 15. Bar - Tavern X X X 16. Beauty or barber shop X X X X 17. Bed and breakfasts (Added Ord. 08-1000) (2)XHH) 18. Bike sales (Added Ord. 05-951) (4)X 19. Boat - marine sales X 20. Books - office supplies X X (4)X 21. Bottling plant not in excess of 6,000 sq. ft. X Section 535 — Page I ` S� Hopkins City Code (Zoning) 535.01, Subd. 3, 22. (Revised 8-29-13) PERWITED USES B-1 B-2 B-3 B-4 22. Boutiques (2)XJ X (2)XJ X 23. Bowling - table tennis, pool hall (2)XU X X 24 Brewpub (Added Ord. 13-1064) X (2)XJJ 25. Broadcasting (T.V. - radio) X X 26. Bus and other transit X X 27. Business school (1)X X 28. Cabinet - electrical, heating, plumbing, X upholstery, air conditioning, provided the operation does not exceed 6,000 sq. ft. 29. Camera - photographic X X 30. Carpet and floor covering X X X (Amended Ord.06-977) 31. Clinics X X X X 32. Clothing store X (2)X 33. Clubs (private - non profit) (1)XC (2)XC 34. Coin and stamp (Amended Ord.06-977) X X X 35. Commercial greenhouse (2)XD 36. Costume & formal wear rental X X 37. Currency Exchange (Added Ord. 04-920) (2)NEE 38. Cycle shop and snowmobile (2)XW X 39. Day nursery (Amended Ord.06-977) (2)XE .(2)XE (2)XE (2)XE 40. Delicatessen X X X 41. Department store X. 42. Dental - Med. Lab (1)X X 43. Domestic animal day care facility (2)XQ (Added Ord. 08-1002) 44. Drive-ins (non food) (2)XF (2)XF 45. Dry cleaning and laundry (2)XG X X 46. Dry cleaning and laundry pickup X X X 47. Employment agency X X X 48. Essential public sei vice & utility X X X structures 49. Fabric and sewing store (2)XI X 50. Fixit shop (2)XY XY NY 51. Florist X X X X 52. Furniture store (Amended Ord.06-977) X X (4)X 53. Garden and landscape (2)XZ (2)XZ (2)XZ (2)(4)XZ (Amended Ord.06-977) 54. Gifts and novelties (2)XJ X (2)XJ X 55. Glassware, china, pottery X X X 56. Glass and mirror installation X 57. Grocery, fruit, vegetable X X 58. Hardware X X 59. Health clubs - studio X 60. Hobby - crafts - instruction X X X 61. Hotel - motel (2)XK (2)XK Section 535 - Page 2 AF3 2 N Hopkins City Code (Zoning) 535.01, Subd. 3, 61. (Revised 11-27-14) PERMITTED USES B-1 B-2 B-3 B-4 62. Interiors - decorating studio X X X 63. Jewelry X X 64. Karate, health club, dance studio (2)XL (1)X X X 65. Leather goods - luggage X X 66. Library - public or private X X 67. Liquors (Added Ord. 11-1033) (Amended Ord. 14-1070) (4)*X (4)*X (4)X 68. Locker plan - 6,000 sq. ft. maximum X 69. Locksmith and fixit shop (2)XY (2)XY X 70. Lumber and related items X 71. Meats X X 72. Mortuary X X 73. Motors repairing X 74. Music store X X X 75. Newsstand X 76. Offices (2)XN X X X 77. Open sales lot (2)X0 (2)XO (2)XO 78. Optical -jewelry mfg. (Amend. Ord. 06-977). (1)X X X 79. Orthopedic - medical supplies X (sales and manufacturing) 80. Paint and wallpaper(Amended Ord.06-977) X X X 81. Parking ramps and lots X X 82. Pawn shop - antiques - used materials X X 83. Pet Grooming (Added Ord. 07-985) X 84. Pet Store (2)X 85. Pharmacy - drug store X X 86. Photography - studio X X X 87. Picture framing - art shop X X X 88. Pipe - tobacco shop (Amended Ord. 07-990) (5)X 89. Post office X . 90. Print shop .(2)XP X X 91. Public auction (see auction) X 92. Records, TV, radio, sound, phono X X (4)X (Amended Ord.06-977) 93. Religious institutions, etc. X (2)XCC (2)XCC 94. Rental service (2)XQ 95. Research labs (2)XT 96. Residential 2)XH (2)XH (2)XH (2)GG 97. Restaurant - traditional X X X X 98. Restaurant - carry -out and delivery X 99. Restaurant - drive-in (2)XR 100. Restaurant - fast food (2)XS 101. Roller rink - ice arena X 102. Self-service station (2)XDD 103. Service station (2)XM 104. Shoes - boots store X X Section 535 - Page 3 d Hopkins City Code (Zoning) 535.01, Subd. 3, 106. (Revised 11-27-14) PERMITTED USES B-1 B-2 B-3 B-4 105. Sporting goods (Amended Ord. 06-977) X X (4)X 106. Stationery - card shop X X (2)XJ X 107. Stone monument sales X 108. Tailoring X X X 109. Taxidermist X 110. Taxi terminal X 111. Theater - non -drive-in X X 112. Tires - battery, accessory & recap X 113. Trade school (1)X X 114. Transient merchants (Added Ord. 05-947) X 115. Truck - trailer sales (2)XAA 116. Variety stores X X 117. Veterinary clinic X X X 118. Video - sales, rental X X X 119. Warehouse - 16,000 sq. ft. maximum, not abutting Mainstreet (Amended Ord. 2000-841) X T Provided that any liquor store existing at the time of the adoption of this Ordinance may relocate within the B-2 and B-3 zoning districts provided it remains the same gross square footage or less. (Amended Ord. 14-1070) Section 535 —Page 4 As- T. Hopkins City Code (Zoning) AREA AND YARD LIMITATIONS 535.02 (Revised 8-29-13) Uses permitted in any B district category subject to the following minimum floor and lot area, lot widths, yard requirements, and building heights, in feet: (Amended Ord. 05-951) Lot area - sq. ft. Lot width - ft. Floor area requirement - F.A.R. Front yard Front yard - P.U.D. Side yard Rear yard Requirements for lots fronting state and county roads, as follows: Front yard Side yard Building height Front yard of B lots abutting R district Side yard abutting R district Rear yard abutting R district Rear yard from alley Building height B-1 B-2 B-3 B-4 5,000 - 3,000 - 50 20 25 1.0 6 1.5 20 1 1 1 20 10 0 0 10 10 10 15 10 20 1 10 10 25 45 1/2 of the required R district same as R district same as R district 20 10 15 25 70 45 60 535.03. Conditional use requirements. Subdivision 1. The requirement of a conditional use permit in connection with any use in any B district is indicated in Subsection 535.01 by appropriate capital letter (A, B, C, etc.), which letters refer to the appropriate paragraph in this subsection bearing the same capital letter. Subd. 2. Conditional uses within B districts A) New auto sales including sales lot and major auto repair provided: 1. the sales lot shall not be larger in square footage than the square footage of the building devoted to the related business; 2. a 20 -foot front yard setback in which there shall be no auto parking. Within this 20 -foot setback there shall be a permanent barrier of landscaping; (Amended Ord. 90-672) (Amended Ord. 94-747) 3. lighting of the sales lot shall be totally from indirect lighting; 4. should the lot abut an R district an acceptable design of screening fence five feet in height shall be constructed along the abutting lot line; 5. the auto sales lot shall not include vehicles over a 9,000 lb. rated weight; 6. no vehicles which are unlicensed and/or inoperative shall be stored on the premises; (Added Ord. 96-787) 7. all repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance, including tire inflation, adding oil and wiper replacement; (Added Ord. 96-787) Section 535 — Page 5 AS -6 Hopkins City Code (Zoning) 535.03, Subd. 2, A) 8. (Revised 10-29-08) 8. no outside storage or display except vehicles for sale or rent; (Added Ord. 96- 787) 9. no public address system; (Added Ord. 96-787) 10. no test driving of vehicles on local residential streets; (Added Ord. 9.6-787) 11. used car lots shall be permitted only when an integral part of a new car dealership. (Added Ord. 05-941) B) Armoiy, auditorium or exhibit hall in the B-2 business zone provided: 1. it is an accessory use to an existing permitted business; 2. one off; street loading dock is provided and in the B-3 business zone; 3. the facility has frontage on a major thoroughfare as shown on the adopted thoroughfare plan; 4. has one parking space for each five seats of rated capacity; 5. has an off-street loading dock for the first 5,000 sq. ft. and another for each additional 10,000 sq. ft. up to three docks; 6. has an off-street traffic design for dropping off and picking up pedestrians outside of the required yards and public right-of-way; 7. all frontage on a public street shall be considered as front yard. C) Clubs (private non-profit) provided: 1. when located in a B-1 business district said building shall be 20 feet or more from all R residential districts, shall have a screening fence of acceptable design between parking and R residential districts, building shall not exceed 5,000 sq. ft.; 2. when located in a B-3 business district said property shall have a 15 foot minimum front yard and if abutting a side street a 10 foot minimum yard and all yards shall be landscaped. 3. when located in a B-2 district, clubs are permitted on the first floor at a site located at least 150 feet from Mainstreet. (Added Ord. 03-896) D) Commercial greenhouses provided: 1. provisions are made to store all goods and equipment inside a building except for trash, which shall be stored in containers screened from the public view. E) Day care facility provided: 1. said operation shall be licensed. (Amended Ord. No. 93-722) F) Drive-ins (non food) provided: 1. the site is designed and constructed to handle parking and traffic flow according to a plan submitted to and approved by the city; 2. the site drainage is designed and constructed according to a plan submitted to and approved by the city; 3. that screening be provided along the property lines to control headlight beams when abutting an R residential district; 4. that the front yard and side street yard shall be landscaped and not less than ten feet in depth; Section 535 — Page 6 61 Hopkins City Code (Zoning) 535.03, Subd. 2, F) S. (Revised 10-29-08) 5. the lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in an R residential district; 6. that an on site vehicular storage lane of sufficient capacity to accommodate 15 minutes of service be provided for each service station; 7. when the site is located in the B-2 business district it shall abut either First'Street South or First Street North. G) Dry cleaning and laundry provided: 1. the site shall have a loading and unloading facility to accommodate a minimum of three vehicles which shall not be parking spaces; 2. an on site parking space in addition to the above for each vehicle to be used as a part of the business; 3. an approval from the city engineer relative to sanitary sewer and water supply H) Dwelling units not occupying first floor provided: 1. one off-street parking space for each unit; 2. all dwellings must have an entrance leading directly to a public street; 3. the density allowed shall be R-3. I) Fabric and sewing store provided: 1. the square footage of the store does not exceed 3,000. J) Gifts and novelties and boutiques and stationary provided: 1. all merchandise is contained within a building and said business shall not exceed 3,000 sq. ft. K) Hotel/motel provided: 1. the site shall contain not less than 600 sq. ft. of lot area per rental unit; 2. should the hotel -motel contain service business, said business shall only have access fiom the lobby area; 3. when located in the B-3 business district, the site shall have frontage on a major thoroughfare. L) Karate, health club or dance studio provided: 1. the building shall not exceed 3,000 sq. ft.; 2. the hours of operation shall fall between 7 a.m. and 10 p.m.; 3. that screening be provided along the property line to control headlight beams when abutting an R residential district. M) Service station provided: 1. the site shall be constructed for drainage according to a plan submitted and approved by the city engineer and fire marshal; Section 535 — Page 7 01 Hopkins City Code (Zoning) 535.03, Subd. 2, M 2. (Revised 10-29-08) 2. the entire site not covered with building or landscaping shall be hard. surfaced; 3. the lighting shall be accomplished in such a way as to have no direct source visible from the public right-of-way or adjacent land in the R district; 4. no driveway access is less than 40 feet from a street intersection; 5. any other business operated on the site shall conform to this code; 6. the site shall be constructed for parking and traffic according to a plan submitted and approved; 7. stacking for gas pumps shall be provided for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking areas and shall not be permitted on any public right-of-way, private access easement or within the required parking setback; (Amended Ord. 96-787) 8. the front yard shall be landscaped and tell feet in depth, if station is non -conforming a curb shall be constructed to separate the drive from public walk; 9. no vehicles which are unlicensed and inoperable shall be stored on premises except in appropriately designed and screened storage areas; (Amended Ord. 96-787) 10. all repair, assembly, disassembly and maintenance of vehicles shall occur within closed buildings except minor maintenance, including tire inflation, addition of oil and wiper replacement. (Amended Ord. 96-787) 1) Offices provided: 1. that not more than 30 percent of the floor space is devoted to storage, repair, fabricating or assembly of goods. O) Open sales lot provided: 1. the lot is graded and surfaced according to a plan submitted and approved by the city engineer; 2. the assembly, repair or manufacturing of goods shall be.prohibited; 3. all lot lines abutting a R district shall have a six foot fence of acceptable design erected along the line except abutting a required front yard; 4. there is located on the site a building devoted to and used in conjunction with the open lot, having a gross square footage as large or larger with the open sales lot; 5. that the storage on such lot be so organized that a space not less than 15 feet in width and in such condition to accommodate vehicular travel between such storage aisles and storage shall not exceed a depth of 50 feet; 6. the height of such storage shall not exceed ten feet; 7. the lighting shall be accomplished in such a way as to have no direct source of light visible fiom the public right-of-way or adjacent land in the R district; 8. any portion of the lot which is to be used for open storage shall be screened from public view by an acceptably designed fence; 9. if the lot is located in the B-2 or B-3 business district, a ten foot landscaped front yard and side street yard shall be provided. P) Print shop provided: 1. the shop's business is primarily from the general walk-in public. Section 535 — Page 8 . AA I Hopkins City Code (Zoning) Q) Rental service provided: 535.03, Subd. 2, Q) (Revised 10-29-08) 1. the lot is graded and surfaced according to a plan submitted and approved by city engineer; 2. the lighting shall be accomplished in such a way as to have no direct source visible from the public right-of-way or adjacent land in the R district; 3. the front yard shall be landscaped and not less than ten feet in depth; 4. the exterior storage area shall be according to a plan submitted and approved; 5. the site shall provide off-street loading facilities to accommodate customers. R) Restaurant/drive-in provided: 1. conformance to all conditions stated in subsection f of this section except 4 and 7; 2. that provisions be made to pick up the adjacent neighborhood daily relative to material initiated at the site; 3. that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than ten feet. S) Restaurant/fast food provided: 1. conformance to all conditions stated in subsection fl of this section except 4, 6 and 7; 2. that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than ten feet; 3. that provisions be made to pick up the adjacent neighborhood daily relative to material initiated on the site; 4. drive-through address systems shall not be audible from any residential parcel. (Added Ord. 96-787) T) Research laboratory provided: 1. the business shall be contained within a building. Q Commercial recreation such as bowling alleys, pool and billiard halls, miniature golf, archery range, gun clubs, provided they are operated within a building. V) Banks and savings and loan institutions, provided the land to be used for such purpose abuts or is separated only by a public right-of-way from the B-2 business district. W) Cycle shops and snowmobiles provided the business is conducted within a building, provided the site has on site loading facilities and provided not more than 30% of the building is used for repair and maintenance. Y) Fix -it shop providing all work and storage is conducted within a building. Z) Garden and landscaping when all or a portion is outside in the B-1 or B-3 district provided: 1. a fence not less than 30" shall separate the required 15 -foot front yard from the sales and service area, 2. off street loading shall be provided; 3. a trash disposal plan shall be provided; 4. mechanical equipment stored on the site shall be screened from right-of-way; within the B-2 district all of the operation shall be within a building. Section 535 — Page 9 ( 6 Hopkins City Code (Zoning) 535.03, Subd. 2, AA) (Revised 10-29-08) AA) Truck and trailer sales lots provided: 1 _ the sales lot shall not be larger in square footage than two times the square footage of the building devoted to the truck and.trailer sales business; 2. the sales lot shall have a 20 -foot front yard, which shall be landscaped according to an approved plan and be continuously maintained; 3. the sales lot shall be constructed according to a drainage plan approved by the city; 4. the sales lot shall be surfaced to control dust; 5. lighting shall be accomplished according to a plan approved by the city; 6. should the location abut a residentially zoned lot, a fence not less than six feet in height shall be constructed and a 25 foot landscaped buffer shall be constructed according to a plan approved by the City; 7. signs and parking in conformance with this code and the City Code. BB) The operation of amusement devices may be allowed pursuant to proper city permit or license therefore in B districts, except that not more than three pinball machines or related amusement devices shall be permitted or operated in any location in any B-1 and B-2 use districts. CC) Religious institutions provided: 1. That there shall be no permanent or temporary living units on the property except for the parsonage; 2. That there is adequate screening or buffering provided from abutting residential districts; 3. That there is adequate off-street loading and sei vice entrances as detailed in section 550.09; 4. That there shall be no religious institution within 350 feet of an off sale or on sale liquor Establishment; 5. That there shall be no religious institutions within 350 feet of an adult oriented business; 6. That the building occupying the religious institution shall meet the building occupancy codes; 7. That a religious institution located in the B-3 district shall comply with the parking requirements of Section 550.05. (Added Ordinance 93-725) DD) Self-service station provided: 1. conformance to all conditions stated in Subsection M of this section except 9 and 10. (Added Ord. 96-787) EE) Currency exchange provided: 1. The use shall be located at least one thousand (1,000) feet from all existing currency exchanges, secondhand goods stores, pawnshops and missions; 2. The use shall be located at least two hundred (200) feet from a residential or institutional district; 3. The use shall be located at least three hundred fifty (350) feet fiom an off -sale liquor establishment; 4. Back -lighted signs, back -lighted awnings, portable signs, temporary signs and freestanding signs shall be prohibited; Section 535 — Page 10 '% I Hopkins City Code (Zoning) 535.03, Subd. 2, EE) 5. (Revised 8-29-13) 5. The window and door area of any existing first floor fagade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level; 6. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level; 7. The use of bars, chains or similar security devices that are visible from a public street or sidewalks shall be prohibited. (Added Ord. 04-920) FF) Appliance store provided: 1. That the square footage is limited to 5000 square feet; 2. That the retail area is at least 40 percent. (Added Ord. 05-951) GG) Residential provided: 1. That residential dwelling units abutting a right-of-way of 50 feet or more in width can not occupy the first floor; (Added Ord. 06-977) 2. That there is at least one underground parking space per unit; 3. That all dwellings must have an entrance leading directly out of the building; 4. That the density allowed shall be R-5. (Added Ord. 05-951) HH) Bed and breakfasts provided: 1. Owner or manager shall be required to occupy the property; 2. Off-street parking at a ratio of one space per guestroom plus two spaces for the residence; 3. Only breakfast shall be served, and service shall be restricted to guests only, not the general public; 4. Food and/or alcoholic beverages may be fi rnished by and to special event guests provided all necessary local, state, and/or federal permits, licenses or authorizations have been obtained and the facility contains a licensed commercial kitchen. (Added Ord. 08-1000) II) Domestic animal day care facility provided: 1. The hours of operation shall be limited daily from 6 a.m. to 9 p.m.; 2. The animals may ba groomed, trained, exercised and socialized, but not kept or boarded overnight, bred, sold or let for hire; 3. There must be sight -obscuring fencing for all on-site, outdoor recreation areas. The fence shall provide full containment for the animals. The fence structure shall be deep enough and secured to the ground to prevent escape and high enough to prevent the. animals from jumping or climbing over; 4. The facility must control odor, dust, noise, waste, drainage and security so as not to constitute a nuisance, safety hazard or health problem to adjoining property or uses. The operator must provide a plan of operation demonstrating these provisions can be met; 5. The outdoor recreation area shall not abut a residential zoning district. (Added Ord. 08-1002) JJ) Brewpub: 1. That the property and building abuts Mainstreet. (Added Ord. 13-1064) Section 535 — Page 11 46 Z gopkius City Code (Zoning) 535.05. B districts: permitted accessory uses a) Signs b) Fences c) Buildings temporarily located for purpose of construction d) Decorative landscaping 535.05 (Revised 10-29-08) e) Trash containers provided they are screened and do not occupy a required parking space, front yard or loading area f) Loading docks which do not face the public street in front and as regulated in this ordinance g) Bicycle lacks h) Flag poles i) Walkways j) Parking k) Private swimming pools, tennis courts and related uses. 1) Repairs, manufacturing and assembly as a secondary use when necessary in the conduct of a primary allowed use m) Marquees and awnings on private or public property subject to the City Code n) Other uses customarily associated with but subordinate to a permitted use, as allowed by the City (Amended Ord. 639) o) Off-street parking and loading p) Cigarettes, cigars, tobacco and all related products for the use of tobacco must be 25 percent or less in square footage of the sales area (Added Ord. 07-99Q) A3 Section 535 —Page 12 t�� �1 _ 7 •'f 2C r•Y7: n �i ,1_ - a`r'ty. 1 moi•. .,j•. :,v �� •tom- py .� .p• �e.LN, - - r 3Z -r w ♦ �`t� T Ate.-3�,+� 'f9• r 44 � � c � •, Yx;�.. f ��', iK'.. y i _ f int 7 t t - II � jlt t1r�1 �� td "•,� L�- F1 +tet •(� �S Fi�� � � II - Ll44G J1V G 1 i IV Ot wig 1x rr- ,• %` T 1 _ I i►' � I I fij moi•° •/flsr� �. ,,� ,� aoli rF� w 9 • I I I l+ 11 + jj lilt j �_ � ill IIII +I I - III I I+ • I' ilii iil,r I � i �ill,l - I I liilh � 1 ' bs.l I I I� 1 II+I 11I Illil it +'. 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MAYOR AND COUNCIL Fac Bill Neuendorf, Economic Development Manager is A, •.v v SuliecL_ Ordinance 2015-20 Amending Chapter 4 Concerning Alcoholic Beverages (First Reading: Requires offering of Ordinance only. ste& Grant First Reading of Ordinance 2015-20. information / Background NOTE —This staff report is the nearly the same as that presento on September 16, 2015_ Changes from the original report are highfighied - - - — Edina's liquor ordinance has been modified on several occasions since licenses for on-site consumption of alcoholic beverages began to be issued in the 1980s. After three decades of modifications; the current code requirements can be confusing to businesses and difficult for staff to interpret, apply and enforce. Some of the detailed regulations position restaurants in Edina at a disadvantage compared to restaurants in adjacent municipalities that are subject to different regulations. In January 2015, the City solicited input from residents and businesses concerning desired changes to the regulation of alcoholic beverages. The public comments (summary attached) were presented at the February 17, 2015 City Council meeting. In brief, the 102 participants favored elimination of the 60/40 food -to -beverage ratio, supported new tap rooms and strongly preferred restaurants that serve liquor instead of bars that serve liquor without food service. Representatives of several businesses were also consulted during the preparation of this proposed ordinance. Input was provided by representatives of the 50th & France Business Association, Edina Chamber of Commerce and Minnesota Restaurant Association. Based on the input collected from residents and the business community, staff from each City Department has worked with the City Attorney to rewrite the liquor code to better reflect the interests of the community. The proposed ordinance eliminates Chapter 4 in its entirety and replaces it with new language that more effectively regulates the sale of alcoholic beverages with minimal red tape. The goals of the ordinance rewrite include: lude: City of Edina • 4801 W. 50th St. - Edina, MN 55424 REPORT / RECOMMENDATION Page 2 1) streamlined language for the sake of clarity and enforceability;. 2) allow new establishments that are responsive to the preferences of Edina patrons; and 3) allow established and new businesses to prosper in the Edina marketplace subject to an efficient regulatory process. A summary of anticipated amendments dated 8/20/2015 is attached to more easily identify the significant changes in regulations. Please note that regulations contained in Minnesota Statute 340A are not repeated in the proposed Edina ordinance. Minnesota statutes can be found here. https:/Ivjwm.revisor.mn.gov/statutes/7id=340a. Based on the City Council comments provided at the September 16, 2015 meeting, modifications addressing restaurant seating and amusement games are attached for consideration. Please note that the 15 percent bar seating limitation could be problematic for non-traditional restaurants like sushi bars. Also note that prohibitions on amusement devices could deter new restaurants with a pub -type atmosphere. The proposed ordinance is presented for the First Reading only. The Second Reading is anticipated after the Plan Commission provides a recommendation for new zoning regulations for tap rooms and distilleries. Staff recommends that the City Council accept the First Reading of Ordinance 2015- 20. % war& ,)Peak up, Edina� Liquor Ordinance Revisions I G The CITY ®f EDINA iww Liquor Law Discussion' • Open Dec. 31 to Feb.2 102 total comments made O 19692 visitors, 2,164 visits ® 6,913 page views 0 41 % visited more than once ® Most respondents from. Edina o§ The CITY of -�. EDINA iNbQ� www.EdinaMN.gov 2 %*�omment Sum.mary o e `., The CITY of EDINA Of 56 responses to eliminating the ratio, two were not in favor of changing or eliminating the law as it stands - However, don't want to see Edina become the warehouse District - City not as competitive as many neighbors for businesses - Old, antiquated law Bars/Taprooms - Majority are comfortable with bars and/or taprooms - May need to limit licenses available. - Don't see need for bars in Edina without food. -Tap rooms attractive to y®ung people and drive businesses to Edina. www.EdinaMN.gov 3 Comment Summary (cont.) O Concerns A,t e h ��: The CITY ®f o .4' . u' EDINA - Few have major concerns over.a change in ordinance. - City/PD should plan for staffing and funding for prevention and enforcement, possibly funded through license fees, taxes and fines. - Intoxicated drivers on City streets, endangering others. Consider unintended consequences. - Concern Edina lags behind neighboring cities. www.EdinaMN.gov 4 Anticipated Amendments to Edina Liquor Ordinance The City of Edina intends to revise its liquor ordinance in 2015. The following is a summary of potential revisions based on preliminary stakeholder input from residents, businesses, and staff members. The purpose of the rewrite is to address concerns from Edina businesses and residents as they relate to key components of the ordinance, as well as to create a more tactical and enforceable ordinance that enhances the quality of life in Edina in a safe and responsible manner. The goals of the ordinance rewrite include: ) Streamline ordinance language for the sake of clarity and enforceability 2) Allow new establishments that are responsive to preferences of Edina patrons 3) Allow established and new businesses to prosper in the Edina marketplace subject to an efficient regulatory process I. Streamline ordinance language • Retain off -sale licenses to municipal liquor stores (Sec 4.2) • Replace the much amended ordinance with a new and up-to-date ordinance template as recommended by the City Attorney. • Reflect current State law and eliminate conflicting and confusing local provisions. • Use terms that are defined in State law and industry -standards instead of definitions with a purely local definition. • Clarify language regarding consumption of alcohol in outdoor public places such as sidewalk cafes, street festivals, public parks and golf courses. • Delete specific criteria related to gaming establishments (eg Pinstripes and Dave & Busters in Sec. 4-34(f) and 4-34(g)) and replace with general provisions applicable to all establishments. • Clarify the definition of "Restaurant" in accordance with State law and Edina health code. Retain the issuance of on -sale liquor license to places that hold restaurant license, either high-risk, medium -risk or low-risk, as defined elsewhere. • Clarify the meaning of "compact and contiguous premises" in Sec. 4-72 for outdoor areas where alcohol consumption is allowed. August 20, 2015 n q q Page I 2. Allow new establishments that are responsive to preferences of Edina patrons • Retain preference for commercial establishments with a dining component as well as liquor service. • Add brewpub license in accordance with Minn. Stat. § 340A.301, Subdivision 6 for restaurants in commercial zoning districts. • Add taproom license in accordance with Minn. Stat. § 340A.301, Subdivision 6 for breweries in the industrial zoning district. • Add cocktail room license in accordance with Minn. Stat. § 340A.301, Subdivision 6c for distilleries in the industrial zoning district. • Retain other license types as currently found in Sec. 4-26. 3. Efficient and effective regulatory practices Eliminate Sec. 4-77(3) which mandates a 60/40 ratio for food -to -liquor gross sales ratios. This change is consistent with other metro cities including Minneapolis who repealed similar provisions in September -November 2014. Delete regulations that limit liquor licenses to specific zoning districts (Secs 4-34(d) and 4-34(e)) and amend the Zoning Code to provide for new facilities with alcoholic beverage service. o Zoning Code amendments include details regarding parking requirements, hours of operation and permitted/conditional uses for breweries and distilleries with on -sale drinking facilities. • Retain the current license application process (Sec 4-27, 4-28 & 4-33), fee schedule (Sec 4-29, 4-30, 4-31 & 4-32) and violation penalties (Sec. 4-102 through 4-109). Make necessary changes to coincide with other changes made to the ordinance, such as fees for new types of licenses. • Add language allowing for City enterprise facilities to apply for temporary licenses (or dispensaries) for special events. Retain requirement (Sec. 4-77(I)(b)) that limits the seating capacity located at a bar or service counter as it has been effective in encouraging restaurants instead of bars. The current 15% limitation should be reconsidered to keep in line with current industry standards. August 20, 2015 A-9 �_ Page 2 • Retain alcohol awareness training (Sec 4-77(2)) provision. Staff believes that the 75% requirement for employee training is an effective and realistic provision. • Replace Sec. 4-77(4) that establishes maximum percentages of alcohol by volume for beer and wine with reference to Minn. Stat. § 340A.301, Subd. 29 that has similar provisions • Simplify happy hour provisions in Sec. 4-77(7) in accordance with best practice ordinances. Eliminate current language that prohibits "prizes, coupons, punch cards, games or barters" for alcohol as well as language that prohibits two-for-one sales. • Clarify process for license renewal (Sec. 4-79) in regard to any midterm change of officer. Identify flat fee for this mid-term renewal instead of current practice to escrow funds. ANTICIPATED SCHEDULE AND STEPS 1) Collect idea from community — Spring 2015 COMPLETE 2) Summarize anticipated changes — August 2015 COMPLETE 3) Prepare first draft of new Ordinance - late August 2015 IN PROGRESS 4) Review of draft by impacted stakeholders - early September 2015 5) Amend draft, if needed and present to City Council — September 2015 6) Present companion zoning changes to Plan Commission — September 2015 7) Conduct public hearings and consider adoption of new ordinance — October 2015 8) New ordinance takes effect — January 2016 August 20, 2015 Aq 6 Page 3 ORDINANCE NO. 2015-20 AN ORDINANCE AMENDING CHAPTER 4 OF THE EDINA CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Chapter 4 of the Edina City Code is amended to read as follows: Sec. 4-1. State Law Provisions Adopted. The provisions of Minnesota Statutes Chapter 340A are adopted and made a part of this chapter as if fully set out herein, except as hereinafter modified. Sec. 4-2. Definitions. For the purposes of this chapter, the following terms shall have the meanings given them herein: Restaurant. A business licensed. by the city under the control of a single proprietor or manager having a full service kitchen when, in consideration of payment, meals are regularly served at tables to the general public and which employs an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than thirty (30) guests at one time. The kitchen shall be open at all times the facility is open to the public, except that the kitchen may close no earlier than. 1 - hour prior to closing. Sec. 4-3. License Required. A. Except as provided in Minnesota Statutes Chapter 340A, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit. B. Holders of an on -sale intoxicating liquor license are exempt from the requirement that an on -sale 3.2 percent malt liquor license be obtained. First Reading September 16, 2015 141, � Page 1 Sec. 4-4. Types of Licenses.. A. "On -Sale Liquor License." On -sale liquor licenses shall be issued only to those establishments allowed under Minnesota Statutes Section 340A.404, Subd. 1. On - sale liquor licenses shall permit the sale of intoxicating liquor for consumption on the premises only. B. "Special Club Licenses." Special on -sale licenses shall be issued only to clubs in accordance with the provisions of Minnesota Statutes Section 340A.404, Subdivision 1. C. "On -Sale Sunday Liquor Sale License." On -sale Sunday liquor sale licenses may be issued to establishments holding an on -sale liquor license hereunder. D. "On -Sale Wine License." On -sale wine licenses may be issued for the sale of wine for consumption on the licensed premises only. An on -sale wine license may be issued only to a- restaurant. The holder of an on -sale wine license who is also licensed to sell 3.2 percent malt liquors at on -sale is authorized to sell intoxicating malt liquors at on - sale without an additional license. E. "On -Sale 3.2 Percent Malt Liquor License." On -sale 3.2 percent malt liquor licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is prepared and served for consumption on the premises. On -sale 3.2 percent liquor licenses shall permit the sale of beer for consumption on the premises only. F. "Off -Sale 3.2 Percent Malt Liquor License." Off -sale 3.2 percent malt liquor licenses shall permit the sale of beer at retail, in the original package, for consumption off the premises only. G. "Cocktail Room License." Cocktail room licenses shall be issued only in accordance with Minnesota Statutes Section 340A.22, Subdivision 2.. H. "Brew Pub License.", Brew pub licenses shall be issued only in accordance with Minnesota Statutes Section 340A.24. I. "Brewer Taproom License." Brewer taproom licenses shall be issued only in accordance with Minnesota Statutes Section 340A.26. J. "Temporary On -Sale 3.2 Percent Malt Liquor License." The city council may issue a temporary on -sale license for the sale of 3.2 percent malt liquor to a club, First Reading September 16, 2015 hj� Page 2 charitable religious or nonprofit organization. The temporary license shall be subject to such terms and conditions as the council shall subscribe. Except where specifically excluded, applicants for temporary licenses shall be subject to the provisions of this chapter. K. "Temporary On -Sale Liquor Licenses." The city council may issue to: (1) a club or charitable religious or other nonprofit organization in existence for at least three years, (2) a political committee registered under Minnesota Statutes Section 10A.14 or (3) a state university, a temporary license for the on -sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. a temporary license for the on -sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the on -sale of intoxicating liquor for not more than four consecutive days, and may authorize on -sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on -sale liquor license issued by the city. The licenses are subject to the terms, including license fee, imposed by the city. The licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor except Minnesota Statutes Sections 340A.409 and 340A.504, Subdivision 3, Paragraph (d), and the laws and ordinances which by their nature are not applicable. Temporary licenses must first be approved by the Minnesota Commissioner of Public Safety before they become valid. No more than three 4 -day, four 3 -day, or six 2 -day temporary licenses, in any combination not to exceed twelve days per year, may be issued for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a twelve month period. Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any thirty day period. Sec. 4-5. License Application. Sec. 4-5-1. Contents of Initial Application. In addition to the information which may be required by the forms of the Minnesota Commissioner of Public Safety, the applicant shall complete the application forms furnished by the city. Sec. 4-5-2. Renewal Applications. A. License Period, Expiration. Each renewal license shall be issued for a maximum period of one (1) year. All licenses expire on April 1 of each year. First Reading September 16, 2015 Al 1 Page 3 B. Time of Making Application. Applications for the renewal of an existing license shall be made at least sixty (60) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. Sec. 4-5-3. Execution of Application. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof, if by a partnership, by one of the partners; if by an unincorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond or insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. Applications shall be filed with the city clerk. Sec. 4-6. Granting Licenses. Sec. 4-6-1. Investigation. At the time of making an initial application, renewal application, or request for a new operating officer, the applicant shall, in writing, authorize the Edina Police Department to investigate all facts set out in the application and do a personal background and felony criminal record check on the applicant. The applicant shall further authorize the Police Department to release information received from such investigation to the city council. Should the city council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the city council shall notify the applicant in writing of the following information: A. The grounds and reasons for the denial; B. The applicable complaint and grievance procedure as set forth in Minnesota Statutes Section 364.06; C. The earliest date the applicant may reapply for a license; and D. That all competent evidence of rehabilitation will be considered upon reapplication. Sec. 4-6-2. Hearing Requirements. First Reading September 16, 2015 M D G Page 4 A. Notice of Hearing. Upon receipt of the written report and recommendation by the police department, and within twenty (20) days thereafter, the clerk shall cause to be published in the official newspaper ten (10) days in advance, a notice of hearing to be held by the council, setting forth the date, time and place when the hearing will be held, the name of the applicant, the premises where the business is to be conducted, the nature of the business and such other information as the council may direct. B. Conduct of Hearing. At the hearing, opportunity shall be.given to any person to be heard for or against the granting of the license. C. Hearing on Renewal Applications. Hearings are not required on renewal applications. D. Hearing Cost. The cost of all hearings shall be borne by the applicant. E. Exempt From Hearings. The provisions of this section shall not apply to applications for: on -sale wine licenses, on- sale and off -sale 3.2 percent malt liquor licenses, or temporary licenses. Sec. 4-6-3. Granting License. After an investigation and hearing, if required, the council shall grant with or - without conditions or deny the application. Sec. 4-6-4. Issuance. A. Issuance. Each license shall be issued to the applicant only. No license may be transferred to another person or to another place without the approval of the council and without a new application having been filed. B. Exact Location and Size. Except in the case of a golf course, licenses shall only be issued to a space that is compact and contiguous. Each license shall be issued only for the exact rooms and square footage described in the application. C. Changes to Building. Proposed enlargement, substantial alteration which, in the city's opinion, changes the character of the establishment or extension of premises previously licensed shall be reported to the clerk at or before the time application is made for a building permit for any such change. The enlargement, substantial alteration or First Reading September 16, 2015 /1101 1`0I Page 5 extension shall not be allowed for the sale or consumption of alcoholic beverages unless the council approves an amendment to the liquor license. Sec. 4-6-5. Report to State. The clerk shall, within ten (10) days after the issuance of any license under this chapter, submit to the Minnesota Commissioner of Public Safety the full name and address of each person granted a license, the true name, the effective license date, and the date of expiration of the license. He/she shall also submit to the Commissioner of Public Safety any change of address, transfer, cancellation or revocation of any license by the council during the license period. Sec. 4-7. License Fees. Sec. 4-7-1. Fees Established. A. Application Fees. The annual license application fee shall be the amount set forth in Section 2-724. When a new wine license or on -sale intoxicating liquor license is issued for a portion of a year, the annual license application fee shall be prorated at the rate of one -twelfth (1/12) of the license fee per month or portion of a month remaining in the license year at the time of application. B. Investigation Fees. Investigation fees shall be as follows: At the time of each original application for a license, the applicant shall pay the applicable investigation fees. For investigations conducted outside of the state, the city may recover the actual investigation costs if the costs exceed the applicable fees. Any fees due in excess of the in state investigation fee must be paid prior to the license hearing and before the city council considers the application. 2. At the time an additional investigation is required because of a change in the ownership of any license or control of a corporate license, or, because of a transfer from place to place, the licensee shall pay an additional investigation fee equal to a fee for a new license. 3. At any time that an additional investigation is required because of an enlargement, substantial alteration which, in the city's opinion, changes the character of the establishment, or extension of premises previously licensed, First Reading September 16, 2015 AJD-)� Page 6 the licensee shall pay an additional investigation fee equal to a fee for a new license. Sec. 4-7-2. Payment of Fees. The license fee for a new license shall be paid in full before the application for the license is accepted. The annual license fee for the renewal of an existing license shall be paid prior to the expiration of the existing license. Sec. 4-7-3. Refunds. No part of the fee paid for any license shall be refunded, except (1) as authorized under Minnesota Statutes Section 340A.408, (2) upon rejection of any application for reasons other than a willful misstatement in the license application, or (3) upon withdrawal of an application before approval of the issuance by the council. The license fee shall be refunded to the applicant. The investigation fee shall not be refunded. Sec. 4-7-4. Change of Ownership; Exception. Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged, no additional investigation fee will be required.. Sec. 4-8. Conditions of License. Sec. 4-8-1. Compliance with Laws. A. City and State Laws. Every license shall be granted subject to the conditions of this chapter and of any other applicable ordinance of the city and/or state law. B. Area of License. No license shall be effective beyond the areas approved in the license for which it was granted. Sec. 4-8-2. License Year. All liquor licenses shall expire on April 1. Sec. 4-8-3. Posting License. First Reading September 16, 2015 03 Page 7 The license shall be posted in a conspicuous place in the licensed establishment at all times. Sec. 4-8-4. Alcohol Awareness Training. A. Within thirty (30) days following the issuance of a new wine license or a new on -sale intoxicating liquor license, not less than seventy-five percent (75%) of the employees authorized to serve or sell wine or liquor on the licensed premises shall have completed an alcohol awareness program approved by the police chief. B. Not less than seventy-five percent (75%) of the employees authorized to serve or sell wine or liquor on the licensed premises must complete an alcohol awareness program approved by the police chief within ninety (90) days prior to an application for license renewal for a wine license or an on -sale intoxicating liquor license. Sec. 4-8-5. Responsibility of Licensee; Hours, Orderly Conduct. Every licensee shall be responsible for the conduct of his place of business including conduct and activity of the premises attributable to the business. Sec. 4-8-6. Hours of Operation. The provisions of Minnesota Statutes Section 340A.504 with reference to the hours of sale are hereby adopted and made a part of this chapter as if fully set out herein. Malt liquor in growlers may also be sold at off -sale on Sunday after 8:00 A.M. Persons other than employees of the licensee may not be in the premises from thirty (30) minutes after the sale of malt liquor or intoxicating liquor is prohibited until thirty (30) minutes before the sale is permitted. Sec. 4-8-7. Beverage Restrictions. A. No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated person, to any known habitual drunkard, to any minor, or to any person to whom sale is prohibited by state law. B. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. Sec. 4-8-8. Display of Liquor. First Reading September 16, 2015 A I O � page 8 No "on -sale" liquor establishment shall display liquor to the public during hours when the sale of liquor is prohibited. $6L-j_448x9_1. WaRiMifted Conditions. A. Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under his control to be .used for prostitution. B. Controlled Substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of Minnesota Statutes Chapter 1S2. C. Gambling Prohibited. Gambling is prohibited in licensed premises. D. . Adult Entertainment. The findings, purpose and objectives of Article IX of Chapter 12 are hereby incorporated by reference. No licensee shall permit any specified sexual activities, the presentation or display of any specified anatomical areas or the conduct of a sexually oriented business all as defined by Chapter 36 on the licensed premises or in areas adjoining the licensed premises where such activities or the conduct of such a business can be seen by patrons of the licensed premises. Si3c. 44841D) Ri ht et l nspection. A. Premises. Any police officer, building inspector or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of any licensee hereunder at any time without a warrant. B. Records. The business records of the licensee, including federal and state tax returns, shall be available for inspection by the city at all reasonable times upon written request. S6cv44&41JU C d-Wifieved !Validity of License. A. The licensed premises must be operated and managed by the licensee. The licensee may not allow a prospective or actual buyer to manage or operate the premises until that person is licensed. B. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, unless such change is First Reading September 16, 2015 At o �— Page 9 approved by the council, in which event said license shall continue in force until the end of the then current license year. The requirements concerning changes in officers or ownership interest in the corporation do not apply to corporations whose stock is traded on the New York or American Stock Exchanges. C. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the council, in which event said license shall continue in force until the end of the then current license year. D. Licensees shall submit written notice to the clerk of any such changes described herein on or before thirty (30) days prior to the effective date of any such change. Notwithstanding the definition of "interest" as given in this chapter in the case of a corporation, the licensee shall notify the clerk when a person not listed in the application acquires an interest which, together with that of a spouse, parent, brother, sister or child, exceeds five percent (5%) interest in the corporation and shall give all information about said person as is required of a person pursuant to the provisions of this chapter. E. Corporations holding licenses shall submit written notice to the city clerk of any change in operating officers at least thirty (30) days prior to the effective date of such change. The written notice shall designate the new operating officer and shall contain all of the information about said person as is required of a single applicant. The new operating officers shall be subject to the investigation required by section 4-6-1 of this chapter. Investigation fees shall be as determined by the city council pursuant to subsection 4-7-1B of this chapter. F. The designation of a new operating officer shall not cause the corporation's license to become invalid before a decision is rendered by the city council, provided proper notice and application are made pursuant to subsection E of this section. A proposed new operating officer shall be referred to as the interim operating officer. In the event an interim operating officer is rejected by the city council, the corporation shall designate another interim operating officer and make the required application within fifteen (15) calendar days of the council's decision. In that event, a corporation shall be limited to two (2) successive interim operating officers. Sec. 4-8-12. Patio. A. The issuance of an "on -sale liquor", "special club intoxicating liquor", "on - sale wine", or "on -sale 3.2 percent malt liquor" license pursuant to this code will be limited First Reading September 16, 2015 AO r Page 10 to the sale and consumption of alcoholic beverages inside of a structure on the licensed premises, unless the licensee applies for and receives approval from the city council for a patio to allow the sale and consumption outside of a structure on the licensed premises. B. Definition. "Patio" means any outdoor area located on the premises used for serving food or alcohol but does not include a golf course. C. Regulations: 1. The patio shall not be enclosed in such a manner that the space becomes an indoor area as defined by Minnesota Statutes Section 144.413. 2. The patio shall be clearly delineated by an approved fence at least thirty- six inches (36") in height or some other approved structure or barrier that has designated openings for ingress or egress, to prevent the ingress or egress of persons to and from the patio except by way of the designated openings for ingress or egress. Such patios shall be considered compact and contiguous. 3. Patio screening may be required if the premises is adjacent to a residential district, consistent with the fencing/screening/landscaping provisions of this code. 4. The premises shall be in compliance with the parking provisions of this code. S. The patio shall have sufficient vehicle barriers installed to reduce the entry of vehicles into the patio if it is in direct contact with or immediately adjacent to a vehicle parking area or street. 6. The patio shall be in compliance with the noise amplification, lighting, sign, and sidewalk cafe requirements of this code. D. Application; Site Plan. The application shall contain a detailed description and site plan of the entire premises including the following: size and seating capacity of the licensed building; proposed patio size and seating capacity including table, chair, and aisle arrangements; and fence or landscape barrier type and height. Sec. 4-9. Security. First Reading September 16, 2015 ANI Page 11 Sec. 4-9-1. Liability Insurance. All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license, must, as a condition to the issuance of the license, maintenance of the license and renewal of the license, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340A.801 to the city. The minimum requirements for proof of financial responsibility are set forth in Minnesota Statutes Section 340A.409. The sale of alcohol is prohibited if the required insurance is not in effect. Sec. 4-9-2. Terms of Insurance Certificate. Certificates of insurance required by section 4-9-1 of this chapter shall provide that the city must be given ten (10) days' advance written notice of the cancellation of any insurance described in the certificate. Sec. 4-10. Public Character of Liquor Sales. No sales of intoxicating liquor shall be made to or in guestrooms of hotels unless the rules of such hotel provide for the service of meals in guestrooms; nor unless the sale of such intoxicating liquor is made in the manner "on -sales" are required to be made; nor unless such sale accompanies and is incidental to the regular service of meals to guests therein; nor unless the rules of such hotel and the description, location and number of such guestrooms are fully set out in the application for a license. Sec. 4-11. Persons Ineligible for License. A. State Law. No license shall be granted to or held by any person made ineligible for such a license by state law. B. Operating Officer. No license shall be granted to a corporation that does not have an operating officer who is eligible pursuant to the provisions of this chapter. C. Real Party In Interest. No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provisions of subsections A and B of this section or who, in thejudgment of the council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. D. "Interest" Defined. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental First Reading September 16, 2015 . A( 0 � Page 12 agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of ten percent (10%) or less in any corporation holding a city liquor license. A person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide", the reasonable value of the goods or things received as consideration for the payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. E. Outstanding Debts. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes, questioning the amount or validity of taxes, the council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. Sec. 4-12. Restrictions Involving Persons Under the Legal Drinking Age. Sec. 4-12-1. Prohibited Acts. A. No Sale To Persons Under The Legal Drinking Age. No licensee, agent or employee shall serve or dispense upon the licensed premises any intoxicating liquor or 3.2 percent malt liquors to a person under the legal drinking age; nor shall such licensee, or his/her agent or employee, permit any such person to be furnished or consume any such liquors on the licensed premises; nor shall such licensee, his/her agent or employee, permit any such person to be delivered any such liquors. B. Delivery To Persons Under The Legal Drinking Age. No persons under the legal drinking age shall receive delivery of intoxicating liquor. Sec. 4-12-2. Misrepresenting Age. No person under the legal drinking age shall misrepresent his/her age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall he/she enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for First Reading September 16, 2015 Page 13 the purpose of purchasing or having served or delivered to him/her for consuming any such intoxicating liquor or 3.2 percent malt liquor, nor shall any such person purchase, attempt to purchase, consume or have another person purchase for him/her any intoxicating liquor or 3.2 percent malt liquor, except that a person under the age of twenty-one (21) years may purchase or attempt to purchase an alcoholic beverage if under the supervision of a responsible person over the age of twenty-one (21) for training, education, or research purposes. Sec. 4-12-3. Identification Requirements: A. Identification Required. Any person shall, upon demand of the licensee, his/her employee or agent, produce and permit to be examined (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person, (2) a valid military identification card issued by the United States Department of Defense, (3) a valid passport issued by the United States, (4) a valid instructional permit issued under Minnesota Statutes section 171.05 to a person of legal age to purchase alcohol which.includes a photograph and the date of birth of the person issued the permit, or (5) in the case of a foreign national, a valid passport. B. Prima Facie Evidence. In every prosecution for a violation of the provisions of this section 4-12 relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt beverages to persons under the legal drinking age, and in every proceeding before the council with respect thereto, the fact that the person involved has obtained and presented to the licensee, his/her employee or agent, a driver's license, passport, or nonqualification certificate issued by the department of public safety, from which it appears that said person was not under the legal drinking age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his/her agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Sec. 4-13. Revocation or Suspension of License. Sec. 4-13-1. Grounds for Suspension or Revocation. The council may suspend or revoke any license for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons: First Reading September 16, 2015 110 Page 14 A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises, or representations made to the city council. B. Violation of any special conditions (e.g., restrictions on entertainment) under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. C. Violation of any state or federal law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. D. Creation of a nuisance on the premises or in the surrounding area. E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. F. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police. G. Expiration or cancellation of any required insurance, or failure to notify the city within a reasonable time of changes in the term of the insurance or the carriers. Sec. 4-13-2. Presumptive Civil Penalties. A. Purpose. The purpose of this chapter is to establish a standard by which the council shall determine the length of license suspensions and the propriety of revocations. This chapter shall apply to all premises licensed under this chapter and the penalties herein shall be presumed to be appropriate. The council may deviate from the presumptive penalty when it finds that there exists extenuating or aggravating reasons to deviate, including, but not limited to a licensee's efforts, in combination with the state or the city, to prevent the sale of alcohol to minors. When deviating from these standards, the council shall provide written findings supporting the penalty selected. B. Hearing Notice. No sanction under this chapter shall take effect until the licensee has been given the opportunity for a hearing to be held in accordance with Minnesota Statutes Section 340A.415 and the Administrative Procedures Act Sections 14.57 to 14.69. The council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against First Reading September 16, 2015 I' Page 15 the licensee. For first violations, for which the presumptive penalty is a fine, the licensee may, at any time prior to the hearing, pay the fine and waive the right to a hearing. C. Presumptive Penalties For Violations: Type of Violation 1st Violation 2nd Violation Commission of a Revocation N/A felony related to the licensed activity Sale of alcoholic Revocation N/A/ beverages while license is under suspension Adult entertainment Revocation N/A/ Sale of intoxicating Revocation N/A/ liquor where only licensed for 3.2 percent malt liquor Refusal to allow city $1,000.00 $2,000.00 inspectors or police fine and 3- fine and 7 - admission to inspect day day premises suspension suspension Sale of alcoholic $500.00 fine $1,000.00 beverages to fine and 3 - underage person day suspension After/before hours $500.00 fine $1,000.00 sale of alcoholic fine and 3 - beverage day suspension After hours $500.00 fine $1,000.00 consumption of fine and 3 - alcoholic beverages day suspension Gambling or $500.00 fine $1,000.00 prostitution on fine and 3 - premises day suspension 3rd Violation N/A 4th Violation N/A N/A/ N/A N/A/ N/A N/A/ N/A --------------- RevOcation N/A $2,000.00 fine and 7 - day sus ension $2,000.00 fine and 7 - day sus ension $2,000.00 fine and 7 - day pus ension �2 000.00 Inc and 7 - Jay suspension Revocation Revocation Revocation Revocation First Reading September 16, 2015 /� 11,� Page 16 Failure to take $500.00 fine $1,000.00 $2,000.00 Revocation reasonable steps to fine and 3- fine and 7 - stop person from day day leaving premises suspension suspension with alcoholic beverage Sale of alcoholic $500.00 fine $1,000.00 $2,000.00 Revocation beverage to fine and 3- fine and 7 - obviously intoxicated day day person suspension suspension Allowing a disorderly $500.00 fine $1,000.00 $2,000.00 Revocation establishment fine and 3- fine and 7 - day day suspension suspension Person under 18 $500.00 fine $1,000.00 $2,000.00 Revocation serving liquor fine and 3- fine and 7 - day day suspension suspension Failure to display Warning $500.00 fine $1,000.00 $1,500.00 liquor license letter fine fine D. Other Penalties. When a violation of this chapter or an applicable statute, ordinance, or rule regarding alcoholic beverages is without a presumptive penalty, -the penalty shall be determined by the council. E. Multiple Violations. At a licensee's first appearance before the council, the council must act upon all of the violations that have been alleged in the notice sent to the licensee. The council shall consider the presumptive penalty for each violation under the first appearance column in this chapter. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the council's discretion. F. Subsequent Violations. A violation occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the council, unless the licensee agrees in writing to add the violation to the first appearance. The same procedure applies to the second, third or fourth appearance. G. Subsequent Appearances. Upon a second or subsequent appearance before the council by the same licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the particular violation or violations that were First Reading September 16, 2015 I Page 17 the subject of the prior appearance. However, the council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this chapter. H. Computation of Violations. 1. Any violation which has occurred within twenty-four (24) months of the current violation shall be counted. 2. Nothing in this chapter shall restrict or limit the authority of the council to: Suspend a license up to sixty (60) days; b. Revoke the license; Impose a civil fee not to exceed $2,000.00; d. Impose conditions on a license; or e. Take any other action in accordance with law, provided that the licensee has been afforded an opportunity for a hearing in the manner provided under this chapter. Sec. 4-15. ®pen House Parties. Sec. 4-15-1. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: Alcoholic beverage means any beverage containing more than one-half of one percent of alcohol by volume. Control means the right of possession of a residence or premises. Controlled substance means any drug, substance or immediate precursor so defined in Minnesota Statutes § 152.01. First Reading September 16, 2015 A 1 � Page 18 POSSIBLE MODIFICATIONS TO LIQUOR ORDINANCE OCTOBER 6, 2015 If deemed necessary, the following amendments could be included in the new ordinance. New text is underlined. AMENDMENT #1 Insert new Section 4-8-12. This section is based on the language currently found in Sections 4-34(f) and 4-34(g) and regulates restaurants with intoxicating liquor licenses that also provide bowling, bocce and amusement devices. Sec. 4-8-12. - Places with bowling, bocce and amusement devices. A. No on -sale intoxicating liquor license shall be granted to any establishment that has bowling lanes or bocce courts except to a restaurant and subject to the following: (1) Not more than 50 percent of the gross floor area of the licensed premises shall comprise bowling lanes or bocce ball courts. For purposes hereof, each bowling lane shall be deemed to measure 650 square feet and each bocce ball lane shall be deemed to measure 900 square feet. (2) Machines or amusement devices as defined in article II of this chapter shall not be permitted in the licensed premises. (3) Bowling lanes and bocce courts and lanes shall be located indoors. All exterior windows and doors adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10:00 p.m. and 9:00 a.m. (4) Outdoor games are prohibited. B. No on -sale intoxicating liquor license shall be .granted to any establishment that has amusement devices, except to a restaurant and subject to the following' (1) The licensed premises shall be at least 30,000 square feet in gross floor area. (2) The licensed premises shall be located on a site that provides at least 250,000 square feet in total building area including primary buildings and any outlot building. (3) Not more than 40 percent of the gross floor area of the licensed premises shall be used for operation of amusement devices regulated by this section. (4) The licensed premises shall contain at least 200 seats and provide a full food menu during all hours that it is open to the general public. (5) All regulated amusement devices shall be licensed in accordance with section 6-92 and shall be located on the interior of the premises. (6) The licensed premises shall be at least 500 feet from single dwelling or other residential buildings. This distance shall be measured from the perimeter of the licensed premises to the closest face of the residential building. AMENDMENT #2 Modify the definition in Section 4-2. This is based on the language currently found in Section 4-77(1)b and regulates the seating arrangement in restaurants with a beer, wine or liquor license. Restaurant. A business licensed by the city under the control of a single proprietor or manager having a full service kitchen when, in consideration of payment, meals are regularly served at tables to the general public and which employs an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than thirty (30) guests at one time. No more than 15 percent of the total seating capacity shall be located at a bar or service counter. The kitchen shall be open at all times the facility is open to the public, except that the kitchen may close no earlier than 1 -hour prior to closing.