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HomeMy WebLinkAboutOrdinance No. 2018-11 Amending Ch 36 Establishing PUD-17 Pentagon Park ORDINANCE NO. 2018-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ESTABLISH THE PUD-17, PLANNED UNIT DEVELOPMENT-17 ZONING • DISTRICT The City Of Edina Ordains: Section 1. Chapter 36, Article VIII, Division 4 is hereby amended to add the following: Sec. 36-507 Planned Unit Development District-17 (PUD-17) Pentagon Park South (a) Legal description: See attached Exhibit A (b) Approved Plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on July 5, 2018 except as amended by City Council Resolution No. 2018-62 on file in the Office of the Planning Department. (c) Principal Uses: All uses allowed in the MDD-6 Zoning District Multi-family Apartments/Condos. • (d) Accessory Uses: All accessory uses allowed in the MDD-3-6 Zoning District. (e) Conditional Uses: All conditional uses allowed in the MDD-3-6 Zoning District. (f) Development Standards. Required Setbacks - Buildings 77`h Street 15 feet Computer Avenue 15 feet Normandale Boulevard 50 feet Vil<ing Drive 10 Feet Building Height 12 stories & 144 feet per the height overlay district Parking lot and drive 20 feet • aisle setbacl< Building Coverage 30% Maximum Floor Area 1.5% Ratio (FAR) • Parking Stalls — Mixed 1,422 stalls at full buildout Development District (g) Signs shall be regulated per the Mixed Development District. (h) Ninety percent (90%) of the parking stalls within the development shall be available to all uses within the development. Section 2. This ordinance is effective upon approval by the Metropolitan Council of the Comprehensive Plan Amendment. First Reading: June 5, 2018 Second Reading: August 7, 2018 Published: September 13, 2018 ,l Attest: At C • Debra A. Mangen, City C erk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk • 2 Exhibit A Legal Description: PARCEL 1: All of the following described land: Those parts of Tracts A and B lying Southerly of the following described line: Beginning at a point on the West line of said Tract B distant 220 feet North of the Southwest corner thereof;thence run Northeasterly to a point on the North line of said Tract B distant 170 feet West of the Northeast corner thereof;thence run Northeasterly to a point on the East line of said Tract A distant 40 feet North of the Southeast corner thereof and there terminating. Tract C, Tracts E and F,except those parts thereof lying Northerly of the following described line: Beginning at a point on the East line of Tract A,distant 40 feet North of the Southeast corner thereof, thence run Northeasterly to a point distant 120 feet West and 32 feet South of the Northeast corner of said Tract E;thence run Easterly parallel with the North line of said Tract E for 30 feet;thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 12 feet;thence run Easterly and Southeasterly parallel with the Northerly and Northeasterly lines of said Tracts E and F to its intersection with the following described line: Beginning at a point on the Southwesterly line of Tract S distant 105 feet Southeasterly of the West line of said Tract S(when measured along said Southwesterly line);thence run Southwesterly at right angles to said Southwesterly line for 100 feet and there terminating, Tract G, except the East 58 feet of the Southerly 300 feet thereof, That part of Tract H,lying North of the South 300 feet thereof; All in Registered Land Survey No. 1050, Hennepin County,Minnesota. PARCEL 2: • The East 58 feet of the Southerly 300 feet of Tract G; The South 300 feet of Tract H, Reflistered Land Survey No. 1050, Hennepin Cougy Minnesota. 9V OR • 3 ORDINANCE NO. 2018-12 • AN ORDINANCE AMENDING CHAPTER 28 OF THE EDINA CITY CODE, REGARDING UTILITY BILLING THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Section 28-49 of the Edina City Code is amended to read as follows: Sec. 28-49. - Billing. Following the recording of a meter reading, the city shall render a bill to the owner, lesseeE) eeetipant of the property so metered. Duplicate copies may be requested for the property management or tenants. The amount of the bill shall be based upon: (1) The metered usage of water or sewer services times the rates established by Section 2- 724; (2) Industrial user extra strength charges sent to the City by the Metropolitan Waste Control Commission for collection; and (3) Any other charges permitted by this article. • Section 2. This ordinance is effective immediately upon its passage and ublication. First Reading: July 17, 2018 Second Reading: Waived Published: September 13, 2018 Attest: ebra A. Mangen, C t Cle James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk • i 99206 i ORDINANCE NO. 2018-13 • AN ORDINANCE AMENDING EDINA CITY CODE CONCERNING PROPERTY MAINTENANCE THE CITY OF EDINA ORDAINS: SECTION 1. Chapter 20, Article VI of the Edina City Code is amended to read as follows: Article VI. - Property Maintenance Section 20-352 International Property Maintenance Code Adopted. The International Property Maintenance Code, 2015 Edition, is hereby adopted by reference and incorporated herein, subject to the amendments set forth in this Section. Section 20-353 Deletions. The following sections of the International Property Maintenance Code are deleted: the definitions of"garbage" and "rubbish" in 202, Sections 302.4, 303, 503.4. Section 20-354 Amendments. The following sections of the International Property Maintenance Code are amended to read as follows: Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Edina hereinafter referred to as "this Code." • Section 102.3 Application of Other Codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Edina City Code. Section 102.7 Referenced Codes and Standards. The codes and standards referenced in this Code shall mean the applicable provision of the Edina City Code; whichever is the most restrictive requirement permitted under statute and considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply unless preempted by or in conflict with the State Building Code. Section 103.2 Appointment. The City Manager or the City Manager's designated agents shall be the code official responsible for the administration and enforcement of this Code. Section 103.5 Fees. The fees for activities and services performed by the City in carrying out its responsibilities under this Code shall be as indicated in Edina City Code Chapter 2, Article 8, Division 2. Section 106.3 Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the • appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require Ordinance No. 2018-13 Page 2 the removal or termination of the unlawful occupancy of the structure in violation of the provisions • of this Code or of the order or direction made pursuant thereto. Any expenses incurred by the City in carrying out the enforcement of the provisions of this Code shall be included as a special assessment against the property. Section 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to impose a special assessment in accordance with Section 106.3. Section 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be subject to the provisions of this Code. Section 108.2 Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of • structural collapse, the code official is authorized to post the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed to the real estate upon which the structure is located. Section 108.3 Notice. Whenever the code official has determined a structure or equipment is unsafe, a structure is unfit for human occupancy or a structure is unlawful under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the unsafe equipment. The notice shall be in the form prescribed in Section 107.2. Section 108.4 Posting. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall place a posting on the premises or on the defective equipment which shall provide a statement of the penalties for occupying the premises or operating the equipment. Section 108.4.1 Posting Removal. The code official shall provide written approval and remove the posting whenever the defect or defects upon which the enforcement action and posting were based have been eliminated. It shall be • unlawful for any person to deface, obscure or remove a posting without the approval of the code 150.420%03 2 RNh:r03'1 1/2010 Ordinance No. 2018-13 Page 3 official. Any person who defaces, obscures or removes a posting shall be subject to the penalties provided by this Code. Section 108.5 Prohibited Occupancy. Any occupied structure posted by the code official shall be vacated as ordered by the code official. Any person who shall occupy posted premises or shall operate posted equipment, and any owner or any person responsible for the premises who shall let anyone occupy a posted premises or operate posted equipment shall be liable for the penalties provided by this Code. Section 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon filing a written notice of appeal with the Clerk, be afforded an appeal/hearing as described in this Code. Section 110.3 Failure to Comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost thereof assessed to the real estate upon which the structure is located. Section 1 10.5 Correction of Violation by City; Assessment of Cost. In all cases of violation of this Code to which M.S. 145A.03 through 145A.09 are applicable, the code official may proceed as provided in M.S. 145A.03 through 145A.09 to abate or remove the violation and to have the cost of it specially assessed against the lot or parcel where the violation was • located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this Code. Section I 1 1.1 Application for Appeal. Any person directly aggrieved by a notice issued under this Code, may within ten days after service of the same, appeal to the Council by filing a written notice of appeal with the Clerk. In the case of an appeal from a notice issued to vacate pending elimination of imminent dangers, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established by the Council, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent dangers shall, during the pendency of such appeal, restrain the City and its officers from proceeding in any manner to enforce such notice. Section 1 1 1.2 Decision of the Council. All appeals under this Code shall be heard by the Council. The Council may affirm in whole or in part or deny the existence of a violation of this Code, and if the violation is found to exist, confirm or modify the corrective action to be taken or the order requiring vacation of the premises and the time allowed for it. Section 201.3 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the Edina City Code or the Minnesota State Building Code, such terms shall have the meanings ascribed to them as stated in those codes. • Section [F] 304.3 Premises Identification. 15042bvo3 3 RNK:r03/11/2010 Ordinance No. 2018-13 Page 4 Buildings shall have approved address numbers according to Edina City Policy. • Section 304.14 Insect Screens. During the period from May 15 to October 15 every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Section 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. The property owner is ultimately responsible for the whole property. Section 305.1.1 Unsafe conditions The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with Minnesota State Building Code: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; • 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. Section 306 Component Serviceability 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the Minnesota State Building Code: • 1. Soils that have been subjected to any of the following conditions: 15042603 4 RNK:r03111;2010 Ordinance No. 2018-13 Page 5 1.1. Collapse of footing or foundation system; • 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion; 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotechnical investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1. Deterioration; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.I. Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Ultimate deformation; • 3.5. Stress or strain cracks; 3.6.Joint fatigue; or 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Deterioration; 4.2. Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration; 5.2. Elastic deformation; 5.3. Ultimate deformation; 5.4. Metal fatigue; or 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation; 6.2. Deterioration; 6.3. Damage from insects, rodents and other vermin; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; • 6.6. Horizontal shear cracks; 1i042603 5 RNK:r03/11/2010 Ordinance No. 2018-13 Page 6 6.7. Vertical shear cracks; • 6.8. Inadequate support; 6.9. Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. Exceptions: I. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. Section 307.1 General. Every exterior and interior flight of stairs shall have handrails on both sides of the stair. Exception: Stairs having four or more risers and permitted by the Minnesota State Building Code to be less than 44" wide may have handrails on one side. Stairs having less than four risers and permitted by the Minnesota State Building Code to be less than 44" wide are not required to have handrails. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 42 inches (1067 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. • Exceptions: I. Guards may be not less than 36 inches (914mm) high where permitted by the Minnesota State Building Code. 2. Guards shall not be required where exempted by the adopted building code. 3. Existing handrails and guardrails must be maintained to comply with the Minnesota State Building Code in effect at the time of installation. Section 309.4 Multiple Occupancies. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. Whenever infestation exists in two or more dwelling units in a dwelling, extermination of the infested areas shall be the responsibility of the owner and operator. Section 401.3 Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Minnesota State Building Code shall be permitted. Section 505.1 General. Amended to read: Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water • 15042603 6 RN K:r03/1 1/2010 Ordinance No. 2018-13 Page 7 system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with • hot or tempered and cold running water in accordance with the Minnesota State Plumbing Code. Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) at a distance 3 feet above floor level in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature of —15°F. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a temperature of not less than 68°F (20°C) at a distance 3 feet above floor level in all habitable rooms, bathrooms, and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature shall be-15°F. Section 602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to May 15 to maintain a temperature of not less than 65°F (I 8°C) at a distance 3 feet above floor level • during the period the spaces are occupied. Section 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with Minnesota Elevators and Related Devices Code. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in Minnesota Elevators and Related Devices Code, except where otherwise specified by the authority having jurisdiction. Section 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Minnesota State Fire Code. Section 702.2 Aisles. The required width of aisles in accordance with the Minnesota State Fire Code shall be unobstructed. Section 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Minnesota State Building Code. • Section 702.4 Emergency Escape Openings. 150426vo3 7 RNK:r03/11/2010 Ordinance No. 2018-13 Page 8 Required emergency escape openings for Group IRC, Group R and Group I-I shall comply with • Minnesota State Fire Code Section 1029, Emergency Escape and Rescue. Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Minnesota State Fire Code. Section 704.2.4 Smoke Detection System. Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following: 1. The fire alarm system shall comply with all applicable requirements in Minnesota State Fire Code 2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Minnesota State Fire Code. 3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Minnesota State Fire Code. Section 20-356 Additions. The International Property Maintenance Code is amended by adding the following sections: Section 302.10 Temporary Portable Storage Containers. • A temporary portable storage container means a "unit that is constructed to be portable and capable of movement from one site to another, that can be or is used for the storage of personal property of any kind, that is located outside of an enclosed building, that is larger than 40 cubic feet, and that is not a permanent accessory building or shed complying with all building codes and zoning requirements." A person must not cause, undertake, permit or allow the placement or existence of a portable storage container outside on property that is a single family or two family residence unless it complies with the following requirements: (1) A portable storage container must be placed only on a paved or graveled parking or driveway area as far away from the public street as reasonably possible, or on another area approved by the City; (2) A portable storage container may not be on the paved portion of a public street; (3) A parcel of land may have any portable storage container on it no longer than 30 consecutive days. (4) A portable storage container may remain on the parcel longer than 30 days if it is being used in conjunction with remodeling or other construction on the site but only for no longer than 180 days in any twelve-month period; (5) The City may allow storage of a portable storage container on a property beyond 30 days in the case of hardship; (6) The portable storage container must have attached to it a placard that includes the date of placement on the property, the date that removal is scheduled to occur, and the local telephone number of the owner of the container; (7) The total size of all portable storage containers simultaneously on a parcel of land cannot • exceed 2000 cubic feet; 150426W3 g RNImo:r03!I 1x3010 Ordinance No. 2018-13 Page 9 (8) A portable storage container must be maintained in a reasonably sound condition, with no • holes and little rust or peeling paint. Section 603.1.1 Appliance Testing. Heating appliances shall be tested by a licensed mechanical contractor to verify the appliance is in a safe working condition when evidence of malfunction, corrosion, deterioration or excessive interior carbon monoxide is suspected. Section 705 Carbon Monoxide Alarms. Carbon monoxide alarms shall be installed in accordance with Minnesota Statute 299F.50-51. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: October 13, 2018 Second Reading: Waived Published: October 27, 2018 i Attest: X I",&2j�� - Debra A. Mangen, City Jjlamps B.LHovland,=Ma=yy=o�r � Please publish in the Edina Sun Current on: • Send two affidavits of publication. Bill to Edina City Clerk • 150426%03 9 RNK:r03/1 1/2010